Regulation

NFIB Leadership Council

I have served on the NFIB Leadership Council since 1992 and during my time in the  Legislature they always represented small business and fought against foolish job killing legislation.  They were one of the few groups with common sense, a consistent voice in a sea of inconsistency and mind numbing bad decisions.  Unfortunately, Lansing and Washington are about to make things worse with more job killing regulation.  Please contact the following people in Lansing to express your displeasure with the ergonomics rule being made by unelected bureaucrats instead of those you elected.  At the same time tell them what you think of the other costly and uncompetitive rules which simply drives up unemployment.
– Fulton Sheen

Bureaucrats Move Forward on Unnecessary Ergonomics Rule
MIOSHA Commissions ignore small business concerns – hurt Michigan's economy
Lansing, Jan. 14, 2009— Despite acknowledging that MIOSHA (Michigan Occupational Safety and Health Administration) has never received as many emails and communications of opposition to a rule from the businesses community, the two standards commissions chose to ignore them and proceeded forward with a state specific ergonomics rule.  Marsha Parrot Boyle with MIOSHA told the commissioners that efforts led by the National Federation of Independent Business (NFIB) to advocate against the rule resulted in more than 400 emails to the two commissions in opposition, something unprecedented in MIOSHA history.  Then the commission moved forward to kick the rule down path to adoption.
"At least they were shamed into deleting the exemption that would have benefited most of the bigger corporations in the state", said Charlie Owens, NFIB State Director.  "That self-serving clause was put in by the larger businesses on the original advisory commission as they sought to apply the rules to everyone else."
Citing recognition of the difficult economy in Michigan, the two standards commissions (General Industry Safety Standards Commissions and Occupational Health Standards Commission) also voted to allow businesses an extra six months to implement the standard after it is adopted.
"What a joke," commented Owens.  "We thank the commissioners and MIOSHA for giving Michigan business an extra six months to secure new locations in other states and to determine which employees to lay off in order to pay for the compliance costs".
Owens pointed out that although there are other steps in the process to adoption, the vote today will practically guarantee a rule at the end of the process.  "After spending six and a half years of staff time and taxpayer money to produce this rule, only then do they begin a process of determining if it necessary or not," said Owens.  "Obviously, they have made up their mind and the rest of the process is for show"
Adoption of the rule would make Michigan the only state besides California to have such a rule and, according to Owens, Michigan's rule as drafted would be the toughest in the nation.  "Another reason not to do business in Michigan," said Owens.
Data provided to the commissions and the legislature by the business community showed that ergonomics injuries have declined significantly without any mandatory rule due to voluntary programs and efforts by employers.  "This rule is not necessary," said Owens.

CharlesS.Owens
Michigan State Director
NFIB

NFIB Michigan Weekly Update
Monday, January 12, 2009
2009 Items and Issues in play this week:
The Michigan House and Senate have scheduled the first session day of 2009 for Wednesday of this week, however, work does not begin in earnest until after the governor's state of the state address scheduled for February 3.
► MIOSHA Ergonomics Rule
On Wednesday, January 14th MIOSHA will meet to vote on a formal request for rule making on a new ergonomics rule just for Michigan.  As you know from previous communications, NFIB has been at the forefront opposing this unnecessary and burdensome rule.  Last week and this week NFIB has been on various radio programs giving the small business side of the story.  To listen to one of the broadcasts, click on this link:
The Big Show with Michael Patrick Shiels:       http://www.michigantalknetwork.com/mps/new/podcasts.html
The interview is listed and you have to click on the link on that page.
► 2009 Area Action Council Meetings
UNION CARD CHECK                MANDATORY PAID SICK LEAVE       INCREASED GAS TAXES
These are just some of the items on the "To Do" List of Washington and Lansing Legislators. How will they affect you and your business?   How can you have input to the policy and political decisions taking place?
Join with fellow business owners to hear and have your voice heard
 on these important issues with
CHARLIE OWENS
 NFIB/MI STATE DIRECTOR
 as he presents
WHAT'S IN STORE FOR MICHIGAN IN 2009
Participate in an informative discussion of the issues likely to dominate 2009 in both
Lansing and Washington, D.C. and how YOU can DIRECTLY AFFECT THE OUTCOME
Choose the meeting that fits your schedule. Meals are included and complimentary. 
Each meeting will be approximately 1.5 hours.  Meeting times and locations are follows:

• Jackson Area    Jan 27  12:00 NOON      Cascades Manor House - 1970 Kibby Rd., Jackson 
  Grand Rapids Area       Jan 28  12:00 NOON      Holiday Inn Express - 5401 28th St. SE, Grand Rapids   
  Southwest Oakland/Western Wayne         Jan 29  7:30 AM Courtyard by Marriott – 31525 W. 12 Mile Rd., Farmington Hills 
  Macomb County/East Oakland      Jan 29  12:00 NOON      Hampton Inn - 36400 Van Dyke, Sterling Hgts    
  Kalamazoo Area  Feb. 3  7:30 AM Service Master – 3344 Ravine Rd., Kalamazoo    
  Lansing Area    Feb. 3  12:00 NOON      Courtyard by Marriott -2710 Lake Lansing Rd., Lansing  

To attend one of these meetings, please contact Amanda Radaz at amanda.radaz@nfib.org or 517.485.3409
► Federal Issues Update
New Law to Require Mandatory Testing of Certain Children's Products
In August 2008, the Consumer Product Safety Improvement Act was passed by Congress and signed into law by the president. This bill requires, after February 10, 2009, mandatory testing of certain children's products, including but not limited to, toys and clothing. Congress enacted this law in reaction to a recall of toys made China containing high levels of lead.
The Consumer Product Safety Commission (CPSC) is responsible for interpreting this law and setting forth federal regulations for it. The regulations will be made final on February 10th. NFIB is currently working with the CPSC and key offices in the House and Senate to address the unintended consequences for small business that may occur as a result of the legislation. NFIB will be submitting formal written comments to the CPSC.
Why is this bill bad for small business?
The law is complex and vague. The penalty structure for noncompliance is also unclear. Although there is language in the law requiring the CPSC to consider "adverse economic impact on small business," there is no specific or separate fine structure for small business. It is unclear who exactly is on the hook for testing costs and compliance. NFIB is particularly concerned with the burdensome costs that may fall on small business owners.
NFIB applauds the CPSC guidance issued yesterday that exempts resale, thrift and consignment stores from the testing requirements that go into effect on February 10th. 
NFIB urges the CPSC to consider further measures to protect small retailers and manufacturers by providing guidance and clarifying several provisions of the new law, including how penalties will be assessed on small business versus big business, the parties responsible for testing the products and how small businesses in particular can comply.
What can NFIB members do to help?
·       Contact the CPSC
·       We urge everyone to contact the CPSC by submitting written comments.
1       What comments from small business owners should include:
·       Request clarification on any points of confusion in the new law.
1       Concern for the February 10th implementation date.
2       The limited resources a small business has to comply with federal regulations.
3       The threat of having to close the small business because of high financial penalties.
·       The CPSC needs to hear from small business owners to understand how this law hurts small businesses.
·       Comments can be e-mailed to Sec102ComponentPartsTesting@cpsc.gov or visit www.cpsc.gov/about/cpsia/cpsia.html
1       Comments can be faxed to (301) 504-0127
2       Comments can be mailed to: Office of the Secretary / Consumer Product Safety Commission / Room 502
4330 East-West Highway / Bethesda, Maryland 20814
·       All comments should be captioned "Section 102 Mandatory Third-Party Testing of Component Parts."
1       Act soon. The public comment period ends January 30th.
·       Contact federal representative and senators.
·       Members can locate their federal representative and senators by entering their zip code at https://writerep.house.gov/writerep/welcome.shtml.
·       Tell other small business owners and interested parties to contact the CPSC, as well as their federal representative and senators.
*Please note that all NFIB Talking Points can be found via the main Issues Page under their respective sub-issue categories.

► EPA Lead Paint Rule
On January 6, NFIB sent a letter to the Environmental Protection Agency (EPA) in regards to its lead paint rule.  This rule requires individuals or firms performing renovation work to take specific action to reduce potential lead paint exposure to residents. While NFIB supports the EPA's action to provide additional protections to children from lead-based paint, this rule has several far-reaching implications that will adversely affect many small business owners across the country.  The full text of letter can be found at http://www.nfib.com/object/IO_39614.html.
► The "Paycheck Fairness Act"
On January 8, NFIB sent a letter to Members of Congress in strong opposition to H.R. 11, the "Ledbetter Fair Pay Act of 2009" and H.R. 12, the "Paycheck Fairness Act."  The full text of the letter can be found at http://www.nfib.com/object/IO_39639.html.

NFIB/Michigan is:
Charlie Owens, State Director / charles.owens@nfib.org
Amanda Radaz, Assistant State Director/ amanda.radaz@nfib.org
Andrea Conarton, Administrative Assistant/ andrea.conarton@nfib.org
Randy Hutsen, Division Manager/ randy.hutsen @nfib.org
NFIB Phone: 517.485.3409
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CharlesS.Owens
Michigan State Director
NFIB
115 W. Allegan Street
Suite 310
Lansing, MI 48933