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For the second year in a row, the House of Representatives last month approved a package of bills designed to make it easier to appeal citations from the Occupational Safety and Health Administration. Although the measures mostly benefit small employers, proponents say that the assault on bureaucracy is good for all business.
“We’ve overcome the mind-set that you can’t touch OSHA,” says John Stone, communications director for Georgia Republican Rep. Charles Norwood, chairman of the Workforce Protections Subcommittee of the House Education and the Workforce Committee.
The four bills target OSHA enforcement and appeals processes rather than workplace safety rules. One would allow exceptions to the 15-day deadline for employers to respond to citations. Another would expand the Occupational Safety and Health Review Commission from three members to five, ostensibly making it easier for the body to achieve a quorum and adjudicate disputes. A third would allow businesses with less than $7 million in assets and 100 or fewer employees to recover attorneys’ fees if they successfully contest a citation. The fourth bill would give the Occupational Safety and Health Review Commission authority to interpret the law and independently review citations.
Detractors say that the legislation establishing OSHA in 1970 remains virtually intact, hampering the agency’s effectiveness.
“For the most part, it has been untouched,” says Marc Freedman, director of labor law policy at the U.S. Chamber of Commerce. “Workplaces have changed dramatically over those years. There’s lots of room for further reform. These bills are a modest first step.”
The measures passed mostly with Republican backing, but the fact that some Democrats were on board for each one was hailed as a victory by OSHA reformers. Extending the appeals deadline and allowing recovery of attorneys’ fees received the most Democratic votes, 31 and 17, respectively. The outcome signaled a breakthrough on a typically contentious issue that polarizes labor and business interests.
But Democratic Rep. George Miller of California, ranking member of the House Education and Workforce Committee, decried what he called a Republican attack on OSHA. He cited a March explosion at a BP Amoco refinery in Texas that killed 15 workers as an example of the need for strong safety regulation.
“Rather than taking decisive action on behalf of hardworking employees–like increasing the minimum wage, stopping runaway pension terminations, or expanding access to health care–these bills do nothing more than jeopardize health and safety of employees on the job,” he said in a statement.
In 2004, the package died in the Senate Health, Education, Labor and Pensions Committee. This time it might get a boost from Sen. Johnny Isakson, a freshman Georgia Republican who worked with Norwood on the issue while he was in the House. Isakson chairs the Employment and Workplace Safety Subcommittee of the Senate labor committee. Panel Republicans hope to introduce OSHA reform legislation in July that likely will include the Norwood proposals.
If the bills make it through the Senate, it will be a triumph for Norwood, a dentist who made OSHA reform part of his inaugural campaign in 1994 because he was irritated by workplace safety rules that affected his practice.
Although the Bush administration has attempted to foster more cooperation between OSHA and industry, the agency’s inspections still have teeth. “I would not say that the agency has rolled over and agreed to everything business … wanted,” Freedman says. “The employer community still thinks about OSHA as much as they ever did.”
| Recent Watson Wyatt Worldwide research shows that the percentage of Fortune 1,000 firms freezing or terminating their defined-benefit plans has increased rapidly. In 2004, 11 percent, or 71 companies, froze or terminated their plans, up from 7 percent, or 45 companies in 2003. Nearly two-thirds of Fortune 1,000 companies sponsor a define-benefit plan. | |||||
| Defined-benefit sponsors | Sponsorship rate | Frozen or terminated plans | Rate of freezing or termination | Hybrid-plan sponsorship | |
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| 2004 | 627 | 63% | 71 | 11% | 16% |
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| 2003 | 633 | 63% | 45 | 7% | 18% |
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| 2002 | 624 | 62% | 39 | 6% | 16% |
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| 2001 | 638 | 64% | 34 | 5% | 16% |
| Source: Watson Wyatt Worldwide | |||||
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With the change in accounting rules for stock options, many firms are taking a knee-jerk approach and are simply getting rid of options in favor of restricted stock, says Jack Dolmat-Connell, president and CEO of DolmatConnell & Partners, an executive compensation consulting firm in Newton, Massachusetts. But in doing so, they might be undercutting their ability to get the most out of key executives.
“There are a lot of tax and accounting ramifications to offering stock options, but if companies only look at it from that perspective, they may miss out on the bigger picture,” he says.
A recent survey conducted by Dolmat-Connell shows that of the 100 largest technology companies, high-performing firms were 65 percent more likely than low-performing companies to grant stock options to their CEOs and 39 percent less likely to grant restricted stock.
Conversely, low-performing companies were 32 percent less likely than their high-performing peers to solely grant stock options, and 63 percent more likely to grant stock.
The issue with restricted stock is that even if the company’s performance dips, the employee still can benefit. That is not the case with options, Dolmat-Connell says. “If you grant an option at $30 and the stock goes to $25, the option is worthless,” he says. “But if that amount is in restricted shares, the executive still gets a payout.”
The technology industry in particular realizes the value of stock options, but more companies in that sector are combining them with restricted stock, Dolmat-Connell says. According to the study, 41 percent of the companies surveyed offer only stock options to executives, 17 percent offer a combination of restricted stock and stock options and just 5 percent offer restricted stock only.
Technology companies remember how important stock options are to the culture of their companies, Dolmat-Connell says. “Bill Gates could not have recruited the level of talent that he did had he not had stock options to give to employees.”
Just before the July Fourth weekend, and without fanfare, Yahoo HotJobs started to include in its job search results listings from hundreds of corporate sites and regional job boards–without charging employers. With that change, Yahoo HotJobs cast doubt on the future of paid job listings and breathed life into corporate job sites.
It’s a smart move, says Peter Weddle, an HR and recruitment consultant. “Employment sites are going to have to expand what they offer, and Yahoo is doing that. I give them credit,” he says.
What Yahoo HotJobs instituted is called “vertical search,” meaning that a job seeker is offered all the positions that match the search criteria, regardless of where the job is posted.
Analysts say that while it is premature to write the obituary for paid listings, it wouldn’t be wrong to say that dramatic changes are in store for the commercial job boards. Vertical search has the potential for leveling the playing field by providing as much visibility for a job posted to a corporate site as to a paid site. If that happens, recruiters will start to ask: Why pay?
“This is the beginning of the end for Monster and CareerBuilder,” says William Warren, executive director of the DirectEmployers Association and a former president of Monster.com.
While Yahoo HotJobs by itself has the clout to change the job search dynamics, Google also is expected to enter the recruitment field when it introduces what is rumored to be a classifieds search program. Company officials have no comment on the speculation, but Silicon Valley insiders say it’s only a matter of time before Google jumps in.
HotJobs, CareerBuilder and Monster postings already are listed in searches done on Google’s powerful search engine. Job seekers just enter a city and a job title and they can find jobs collected from the big three boards.
For recruiters, Yahoo HotJobs’ move means that human resources departments will be able to make a business case for building and maintaining corporate recruiting sites. If companies can get the same results posting to the company site as to a job board, then it makes sense to invest in the company site and save the posting fees.
But it also means it will be harder to get results. If a company is recruiting for an accounting position in Chicago, its listing might be one of hundreds to turn up on a search.
And that’s why Dan Finnigan, executive vice president and general manager of HotJobs, says he doesn’t see the paid job listings business going away. But paid listings alone, he says, will be insufficient for recruiters.
“They will need and require additional recruitment tools,” he says. And those are tools that Yahoo HotJobs just happens to be able to provide.
—John Zappe
Business groups that have been fiercely fighting the Bush administration’s proposal on pension reform may be in for good news: A bill that would ease some of the measures employers feared in the White House’s original plan is gaining momentum.
The Pension Protection Act, introduced by Ohio Republican Rep. John Boehner, chairman of the U.S. House Education and Workforce Committee, cleared his committee June 30. Many lobbyists and industry watchers say this is the bill that has the most support from employers and the Bush administration.
“This bill represents a revision to the administration proposal by which a lot of employers’ concerns have been addressed,” says Patrick Purcell, specialist in social legislation for the Congressional Research Service at the Library of Congress. “If anything goes anywhere, this is the bill that will.”
On July 22, Sen. Charles Grassley, (R-Iowa) and Senate Finance Committee Chairman Max Baucus (D-Montana) released a bill that is similar to the Bush Administration’s plan, which has been met with staunch resistance from employer groups who say that it would cause more companies to stop offering traditional defined-benefit plans. Among the most controversial provisions, the proposal would increase flat premiums from $19 to $30, prohibit employers from using credit balances to fund their plans and apply tougher funding rules to junk-rated companies. The proposal also would bar companies from using smoothing techniques when calculating their funding requirements and mandate that they use a yield curve that many employers argue would make funding their plans much more volatile and difficult to predict.
If enacted, the Pension Protection Act would ease the pain of the premium increase by phasing it in over three to five years. The bill would permit the use of credit balances to fund plans in certain circumstances. It would allow for smoothing and the use of a simplified yield curve for calculating funding requirements. Finally, Boehner’s bill would not require tougher rules for junk-rated companies.
The American Benefits Council, which came out against Bush’s proposal, says the Boehner bill is a step in the right direction, but still misses the mark, says Jan Jacobson, director of retirement policy at the American Benefits Council. For example, the group wants the bill to clarify the legal status of cash-balance plans. Under the proposal, the creation of cash-balance plans would be deemed legal, but there is nothing about existing plans.
Although Boehner’s proposal was the first to make it into bill format and has gained momentum quickly, it still has to face the Senate. Anything could happen there, says Kyle Brown, retirement consultant in the Arlington, Virginia, office of Watson Wyatt Worldwide.
Another potential hurdle for the bill would be if its
co-sponsor, House Ways and Means Committee Chairman William Thomas, R-California, folds the proposal into bigger retirement package that includes Social Security reform. If he does, the prospects for pension reform this year may grow dim, Brown says. “The level of controversy pales in comparison to the level of controversy around Social Security reform,” he says.
For the first time in four years, industries that traditionally offer higher-paying hourly jobs like technology, health services and construction are starting to grow faster than retail and other industries that provide lower-paying jobs.
The reversal in what had been a dismal trend is good news, says Elise Gould of the Economic Policy Institute, who spotted the shift by crunching Department of Labor statistics for the first quarter of 2005. Expanding industries were paying about 3 percent better than contracting industries, she says.
Tracking higher-paying jobs is one way economists have of judging growth in job quality. When the economy is strong, as it was between 1996 and 2001, industries with better-paying jobs, like professional and technical services, were growing much faster than lower-paying industries.
Despite the positive development, Gould is cautious in interpreting the numbers. “I’m hoping it’s part of a long-term trend, but I think it’s too early to say,” she says.
Gould notes that growth in part-time jobs has been stronger than full-time jobs during the recovery. She also says that real wage growth has not been keeping up with inflation. The average inflation-adjusted wage in May was $16.03 an hour, 10 cents an hour less than what the average worker made in January, she says.
“Incredible gains in productivity haven’t translated into real wage gains, which you would expect to have in a recovery period,” she says.
Sanford Jacoby, a professor at UCLA’s Anderson School of Management, says the improving picture is being fed by the rebound of the technology industry.
“It’s pretty consistent with underlying economic trends as well as longer-term trends,” he says of the report. “We’ve had fairly slow hiring in industries that employ highly educated workers, like technology. They are coming back.”
Longer term, Jacoby says the EPI research reflects a growing divide between highly paid better-educated workers and those with more limited educations and lower levels of pay.
Ron Blackwell, chief economist for the AFL-CIO, also is concerned about the disparity.
“These are the best of times for some people,” he says. “But we have had a generation-long stagnation in wages, and that is why the middle class is so stressed.”
Still, Gould says the development is welcome.
“We’re in positive territory,” she says. High-wage industries are expanding rather than contracting. “Hopefully that is a sign of increased wages to come.”
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Sideline business
By Douglas P. Shuit |
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| USC football coach Pete Carroll doesn’t run a business exactly like yours, but he deals with similar issues: turnover, teamwork, performance and motivation. He also knows what’s at stake if he doesn’t perform. “It’s much easier to change the leader than the workforce,” Carroll says. | ||
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Workplace politics
By Jonathan Pont |
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| Rejecting criticism that her department cares more about companies than workers, U.S. Labor Secretary Elaine Chao talks about her record on safety, pension recovery and white-collar overtime. | |||
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State of the Sector: Pension & retirement benefits
By Jessica Marquez |
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| Policymakers strive to take the best aspects of 401(k)s and traditional pensions to help workers save enough for retirement and ease liability concerns for employers. | |||
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Between the Lines
Show us your best Since 1991, some 150 businesses have won Optimas Awards for workforce practices that deliver real business results. |
Reactions From Readers The fairness of testers “It is not entrapment when a person of color is made to wait for hours before getting a chance to speak anyone.” |
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In This Corner
Walking out on wages Production goes on during a “virtual” strike, so the suffering hits only those directly involved–labor and management. |
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Legal Briefings |
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Bush nominee Roberts a likely ally of employers
If work history and decisions are reliable indicators, Supreme Court nominee John Roberts Jr. is likely to rule for employers in workplace cases. Also: Challenging paid job listings. OSHA reform redux. Good news, bad news. A favored bill advances. Get ready for the hybrids. High-paying jobs rebound. |
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| HR Technology The PeopleSoft Legacy Even though the company is rapidly being absorbed by Oracle, former PeopleSoft executives are popping up all over. They bring PeopleSoft’s lessons with them. |
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Health Care Benefits
The push to require benefits State health care mandates are making some political progress, but the business community’s opposition to such measures typically has kept them from passing. |
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Workplace Technology
Navigating the privacy concerns of GPS Companies find that emphasizing how employees might benefit from GPS technology and setting clear policies for its use can help allay employees’ fears of Big Brother. |
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Training
Retailers boot up e-learning When training cycles take four months, but many employees stay on the job for six months, it’s clear why some retailers are turning to shorter online courses. |
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Compensation
A lifeline for employees with underwater options JPMorgan’s program allows workers to get value out of worthless options and could benefit companies facing new rules on expense reporting. |
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July 2005
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June 2005 |
May 2005
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