D.C. Updates on AZ OSHA Plan, Federal Contractor Climate Rule, DOL & FTC Changes

Updated 3/1/23 by TRI Lobbyist, Craig S. Brightup

OSHA Withdraws Proposal to Revoke AZ State Plan
On Feb. 14, OSHA announced it will withdraw a proposal to revoke AZ’s State Plan.  This is a victory for TRIA which submitted comments to OSHA opposing the proposal. 

Biden Nominates Julie Su as Labor Secretary
With U.S. Labor Sec. Marty Walsh leaving soon, President Biden has nominated Deputy Labor Sec. Julie Su for the job.  But Su’s record as California’s Labor Sec. features unemployment insurance fraud resulting in an estimated $30 billion squandered and congressional Republicans have already written the White House about her “incompetence.” 

Republican FTC Commissioner Resigns
On Feb. 14, the last Republican on the Federal Trade Commission resigned based on how Democrat Chairwoman Lina Kahn runs the agency.  President Biden can now nominate two new commissioners, but the FTC is limited to no more than three of the same party ruling out Democrats.  Kahn’s controversial agenda includes banning noncompete clauses in employment contracts which business groups contend goes beyond the FTC’s congressional authority.  U.S. Chamber President Suzanne Clark summarized the issue stating, “If the FTC can regulate noncompete agreements without authorization from Congress, there is no aspect of employment or commercial arrangements that it doesn’t have the authority to regulate or ban arbitrarily.”

Federal Contractor Climate Disclosure Rule
​On Feb. 13, the comment period closed for the attached Federal Acquisition Regulation (FAR) proposed rule “Disclosure of Greenhouse Gas and Emissions and Climate-Related Financial Risk” for federal contractors in which “major” federal contractors receiving more than $50 million in annual contracts would be required to publicly disclose Scope 1, Scope 2, and relevant categories of Scope 3 emissions; disclose climate-related financial risks; and set science-based emissions reduction targets.  But collecting Scope 3 data would mean asking suppliers for their data, so smaller companies and subcontractors would ultimately have to participate in this rule.

TRIA Washington Fly-In
​Like last year, TRIA’s Washington Fly-In surrounding Roofing Day will prioritize face-time meetings with members of Congress.  Though in the planning stage, House members in the mix would be Rep. Mike Johnson (R-LA), who’s in Republican leadership, Rep. Jen Kiggans (R-VA), and Rep. Cory Mills (R-FL).  On the Senate side, former OSHA head Loren Sweatt is now on Republican staff for the Health Education Labor and Pensions (HELP) Committee and Sen. Roger Marshall (R-KS) sits on the HELP Committee which has jurisdiction over the Dept. of Labor and OSHA.  TRIA’s regular meeting with NAHB will be on the agenda, too.