MANUFACTURERS OPPOSE PUERTO RICO’S NEW TAX INCREASE ON MULTINATIONAL COMPANIES
National Association of Manufacturers ReleaseWashington, D.C., 10/27/10 - The National Association of Manufacturers (NAM) President and CEO John Engler issued a statement today on Law 154, which imposes a discriminatory tax on multinational companies operating in Puerto Rico:
“We are alarmed by the actions taken by the Puerto Rican government to impose a new excise tax on multinational manufacturers. Over the years, U.S.-based manufacturers have invested in Puerto Rico, most notably in the chemical, pharmaceutical and biotechnology industries. They represent approximately 80 percent of all the manufacturing jobs in Puerto Rico and nearly 26 percent of Puerto Rico’s gross domestic product (GDP). The imposition of this tax could jeopardize the jobs of over 100,000 people and could damage business relationships that have taken years to develop between the affected companies and the government of Puerto Rico.
Even more concerning is that this law was passed in a period of 48 hours with no public hearings. By increasing costs for these manufacturers, the Puerto Rican government is jeopardizing jobs and economic growth at a time when our global economy is struggling to recover from a crippling recession.
These manufacturers provide stable and high-paying jobs for Puerto Ricans. The Puerto Rican government’s decision to impose this discriminatory tax could profoundly impact companies as they consider both existing and future operations.”
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THE RIGHT START: EFFECTIVE NEW EMPLOYEE ORIENTATION
Tuesday, November 2 -- Small-Group Workshop -- 3 SPOTS REMAINING
Employers Council
Studies show that employers who have effective new employee orientations reap two substantial benefits. First, new hires become productive sooner because the orientation provides them critical information and training. Second, turnover decreases because the orientation helps new hires feel welcomed and valued, confirming that they made a good job choice. Join us in this small-group, interactive workshop to assess your company’s current orientation process or explore how to develop one for your organization.
Topics to be covered include:
Core purposes and objectives of new employee orientations
Key planning and implementation considerations
Recommended content
Helpful forms and checklists
Small-Group Workshops are limited to 13 registrants and are for Council members only. It is being held Tuesday, November 2, at The Employers Council office, 175 W. 200 S., Suite 2005, Salt Lake City, from 8:00 to 10:00 a.m. Price is $69 per member and includes instruction, materials, parking, and continental breakfast. Call the Council or reply to this email with registration information or questions. To download the registration form, go to http://ecutah.org/orient.pdf.
Certification: This program is approved for 2 credit hours toward PHR, SPHR, and GPHR recertification through the Human Resource Certification Institute (HRCI).
SAFETY COMPLIANCE CORNER
UOSH Safety Line NewsletterDoes the final rule on the new Cranes and Derricks standard require riggers to be certified?
No, riggers are not required to be certified. However, riggers must be a qualified person for the performance of specified hoisting activities such as during assembly/disassembly work and those that require employees to be in the fall zone to handle a load. The rigger would be considered qualified through possession of a recognized degree, certificate, or professional standing; or by extensive knowledge, training, and experience, successfully demonstrating the ability to solve/resolve problems related to rigging work and related activities.
Does the final rule on the new Cranes and Derricks standard require signal persons to be
certified?
No, signal persons do not have to be certified. However, the employer of a signal person must ensure that the signal person is qualified. This qualification must be done by a qualified evaluator, which may be a third party or an employee of the signal person's employer. The evaluator must demonstrate that he or she can accurately assess whether an individual meets the qualification requirements specified by this final rule for signal persons.
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The continuing relevance of the NLRA will depend on whether the board can adapt it to address the shifting labor market, the now often boundary-less workplace, new methods of organizing deployed by unions seeking to reinvent themselves and increasingly aggressive forms of employer resistance.
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EPA OVERREGULATION INCREASES BUSINESS UNCERTAINTY
NAM Capital BriefingOne of the most serious threats to America’s economic competitiveness and the ability of manufacturers to create good, high-paying jobs is the overregulation of industry by the Environmental Protection Agency (EPA).
Manufacturers use one-third of our nation’s energy and are directly affected by the cost of energy, which is a key factor in making plans to hire, expand and invest. However, the EPA is preparing to hammer businesses with costly and burdensome regulations.
These complex regulations, specifically EPA’s actions to regulate greenhouse gas emissions, will have a significant impact on the future of manufacturing and the health of the U.S. economy. They are about to be imposed without input from America’s elected representatives in Congress. Manufacturers – struggling to recover from the worst economic downturn in a generation – will have to devote significant resources to navigate and comply with the web of new rules and restrictions, which at best will have a negligible impact on the world’s overall climate. This deserves transparent and rigorous debate through the legislative process so that the laws on which the EPA bases the regulations are not used for purposes other than those for which they were intended.
Greenhouse gas regulations will impact manufacturers across the United States. The “tailoring rule,” which goes into effect on January 2, 2011, will initially apply to power plants and the nation’s largest industrial and commercial facilities. It modifies greenhouse gas emissions thresholds that trigger the need for emissions permits. These permits will be required for emissions when a new source is built or an existing source is modified, and when the new construction or modification results in increased emissions above the rule’s thresholds. This rule also sets the stage for the EPA to regulate greenhouse gas emissions from much smaller facilities – from schools and farms to restaurants and hospitals.
These actions take the country in the wrong direction by using the Clean Air Act to expand the power of the EPA and essentially allow it to choose which energy sources American consumers will use. The regulations only exacerbate the growing uncertainty that pervades the U.S. business community and limits job growth. Without EPA guidance on enforcement and compliance, manufacturers cannot determine how to plan for the new regulations or if they can afford to reinvest in the equipment and improvements their businesses need to grow.
An NAM-led group of business associations has filed petitions in federal court challenging the EPA’s regulations. The NAM also filed a motion for a partial stay against the tailoring rule. The NAM hopes this judicial action will force the EPA to consider the full economic impact of these rules.
Additional EPA regulatory proposals to lower ozone limits and place more emission standards on industrial boilers will increase costs for manufacturers and destroy millions of jobs. Less than two years after the announcement of the 2008 air quality standard for ozone, the EPA has proposed to “reconsider” this ozone standard to a range that could triple the number of counties that would be required to implement expensive controls – further undermining competitiveness and diverting resources from investments in technological innovation.
The EPA has already acknowledged that its own research shows there is no basis for proposing changing the ozone standards. In addition, the Manufacturers Alliance/MAPI have a study showing these standards would cost 7.3 million jobs by 2020 and add $1 trillion in new regulatory costs per year between 2020 and 2030.
In June 2010, the EPA published new air emissions standards for industrial boilers, commercial boilers and process heaters, including “Maximum Achievable Control Technology” (boiler MACT standards) to reduce mercury emissions, among other pollutants. Industrial boilers are found in nearly all industrial sectors.
Although the NAM supports certain aspects of the proposed rules, manufacturers remain fundamentally concerned that the EPA has proposed standards that are not actually “achievable” or “achieved in practice” by existing or new “sources,” as expressly required by the Clean Air Act. Moreover, the Council of Industrial Boiler Owners (CIBO) has a report showing that these inflexible regulations could put 300,000 jobs at risk.
Finally, manufacturers are concerned about the EPA’s threat to revoke a crucial water permit for Arch Coal in West Virginia, because its operations "would likely have unacceptable adverse effects on wildlife." This would mark the first time in the EPA’s history that the Agency has withdrawn a legally-issued permit. If it goes forward, manufacturers could potentially find their greenhouse gas or other permits in jeopardy.
These misguided actions will harm manufacturers and destroy jobs. By moving forward with these regulations, the EPA will crush economic growth and manufacturers’ ability to hire. If businesses are to emerge from the struggling economy in a better position to hire, they must not be saddled with costly regulations. Congress and the Administration can help strengthen the manufacturing economy by blocking these harmful proposals and reconsidering the full effect the EPA’s overregulation has on America’s manufacturers.
CONFLICT MINERALS UPDATE
NAM Capital BriefingUnder the Wall Street Reform and Consumer Protection Act (H.R. 4173), the Securities and Exchange Commission (SEC) must promulgate regulations requiring manufacturers to annually disclose whether conflict materials that are necessary to the production or manufacture of their goods originated within the Congo or an adjoining country. The NAM will submit comments next week to the SEC identifying issues of concern and proposing supply chain policies that manufacturers could implement to exercise due diligence over the procurement of ores from conflict regions. The goal of the NAM’s comments is to effectively address the problem without unduly burdening legitimate trade or decreasing U.S. manufacturers’ competitiveness.
MANUFACTURERS SEEK RIGHT TO PARTICIPATE IN PROJECT CHALLENGES BY ENVIRONMENTAL GROUPS
NAM Capital BriefingFor many government projects involving manufacturers, the National Environmental Policy Act (NEPA) requires federal agencies to evaluate the environmental impact of their actions, and these evaluations are increasingly challenged in court by environmental groups. In an amicus brief filed October 21, the NAM asked the Ninth Circuit to abandon its “federal defendant rule,” which generally bars the participation of manufacturers in NEPA litigation. The NAM cited many examples where private parties clearly have huge investments at stake and a substantial interest in defending agency actions under NEPA, including development projects that involve work in wetlands, the construction of natural gas pipelines or nuclear power plants, and the development of genetically engineered crops. The NAM is also concerned that the federal defendant rule has been extended to other statutes, including the Endangered Species Act, the National Forest Management Act and the Plant Protection Act.
NAM
The National Association of Manufacturers president and CEO John Engler sharply criticized the Puerto Rican government for approving a new tax on certain activities and transactions by non-resident individuals and companies. According to Engler, "the tax will hit US-based manufacturers that have invested in Puerto Rico, which represents about 80 percent of all manufacturing on the island and accounts for nearly 26 percent of its gross domestic product."
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