ASBESTOS FUND BATTLE: Legislation to set up a $140 billion liability fund for workers harmed by exposure to asbestos could come to the Senate floor as soon as the week of February 6.  However, Senate Democrats are criticizing Majority Leader Frist's plans to consider the legislation before taking up a lobbying reform proposal.  Senate Minority Leader Harry Reid plans to ask the Majority Leader to postpone debate on the asbestos bill until after the Senate has tackled what Democrats have been calling “the culture of corruption.”  If Senator Frist brings the legislation to the floor as planned, both Republican and Democratic sources believe a filibuster is likely, and Senator Frist faces an uphill battle to garner 60 votes to end debate on the asbestos legislation.  Once the Senate schedule is finalized and debate is scheduled, ASA members will be asked to contact their Senators to urge them to support the asbestos trust fund measure.

WATER FUND BILL INTRODUCED: Representative John Duncan (R-TN) has introduced legislation (H. R. 4560) to create a clean water trust fund.  If enacted,  H. R. 4560 would allow incentives to consumers for water conservation measures.  ASA’s Executive Vice President Inge Calderon stated upon the bill’s introduction that the bill will “enable consumers to make more efficient use of treated water, including incentives for the modification, retirement, or replacement of customer-owned water-using equipment, appliances, plumbing fixtures and fittings and landscape materials.”  

PUSH FOR PERMANENT DEAL ON ESTATE TAX: The Senate was all set to consider legislation permanently repealing the death tax last September.  But Hurricane Katrina struck the Gulf Coast and recovery efforts immediately were placed at the top of the Congressional agenda.  As a result, repeal efforts were put on hold. Efforts are now underway to have Senate leaders schedule a vote early this year.  Supporters of permanent repeal continue to insist on full repeal  and say any compromise (lowering the estate tax rate) would be unacceptable.  Even some advocates of repeal acknowledge the setback dealt by last year's hurricane disasters might not be temporary.  "I suspect the budget, the deficit, expecting another supplemental request for Iraq this year at some point, the probability of raising the debt limit, makes the forecast on death tax full repeal pretty cloudy," said U.S. Chamber of Commerce Vice President Bruce Josten.

BILL WOULD TOUGHEN EMPLOYMENT VERIFICATION:  All U.S. companies would have to verify through government databases that their employees are not illegal immigrants under immigration legislation (H. R. 4437) passed by the House and awaiting action in the Senate. Within two years of enactment, every company would have to verify the status of all newly hired employees; within six years, they would have to check all employees.  The bill essentially makes mandatory a pilot program aimed at decreasing illegal immigration.  H. R. 4437 also increases civil and criminal penalties for knowingly hiring or employing an illegal worker.

CHECKLIST TO HELP BUSINESSES PREPARE FOR A PANDEMIC: To help businesses develop specific plans to protect employees and maintain operations during a pandemic, the Department of Health and Human Services recently released  a “Business Pandemic Influenza Checklist.”   The new checklist identifies specific activities that companies can do now to prepare for a pandemic and will also be helpful in other types of emergencies. Developed by the Centers for Disease Control and Prevention, the checklist suggests companies plan how they would forecast employee absences during a pandemic; disseminate information to employees; establish flexible work sites; and establish policies for employees who have been exposed, are suspected to be ill or become ill at the worksite.  The release of the business checklist is one part of overall Administration planning to increase pandemic preparedness.  A copy of the business checklist and other pandemic planning information is available online at:  www.pandemicflu.gov.

OSHA REMINDS EMPLOYERS TO POST INJURY/ILLNESS SUMMARIES:   Beginning February 1, employers must post a summary of the total number of job-related injuries and illnesses that occurred last year, according to a recent  reminder issued by the Occupational Safety and Health Administration (OSHA). Employers are only required to post the Summary (OSHA Form 300A) -- not the OSHA 300 Log -- from February 1 to April 30, 2006.  The summary must list the total number of job-related injuries and illnesses that occurred in 2005 and were logged on the OSHA 300 form.  Companies with no recordable injuries or illnesses in 2005 must post the form with zeros on the total line.  The form is to be displayed in a common area wherever notices to employees are usually posted.  Employers must make a copy of the summary available to employees who move from worksite to worksite and employees who do not report to any fixed establishment on a regular basis.  Copies of the OSHA Forms 300, 300A and 301 are available at:  http://www.osha.gov/recordkeeping.

Prepared by Kent & O'Connor, Incorporated, and sponsored by the ASA Government and Public Affairs Program.