Workers Act (H.R. 2067/S. 1590) which affects employers in all industries by amending the Occupational Safety and Health (OSH) Act by changing the penalty scheme for safety violations by altering the requirement for criminal liability from acts that are deemed “willful” to acts that are deemed only “knowing,” and broadening the definition of employer from “any responsible corporate officer” to “officer or director.”

In a letter to the House Education and Labor Committee before the hearing, ABC emphasized its members’ demonstrated commitment to safety in the workplace and ongoing cooperation and collaboration with the Occupational Health and Safety Administration’s (OSHA) safety and training programs. ABC pointed out that this bill would not improve safety but will instead create greater cost, hamper job creation and deny employers their due process rights.  “These proposed changes will increase litigation, discourage settlements, and create disincentives for cooperation between employers, associations and OSHA,” ABC stated in the letter.  “This bill will stretch and misdirect the resources of OSHA and other federal agencies and impose substantial costs on businesses at a time they can afford it least, all while doing nothing to prevent workplace accidents and injuries.”

HEALTH CARE REFORM CONTAINS INCREASED PAPERWORK FOR BUSINESSES: A provision contained in the Patient Protection and Affordable Care Act (PPACA) will significantly increase the amount of paperwork businesses will have to file with the Internal Revenue Service (IRS).  Beginning in 2012, businesses will have to file a Form 1099 to all vendors, even if they are not incorporated, to which they pay more than $600 annually for goods and services.  This is a shift from current law that requires a Form 1099 to be filed for services from an unincorporated vendor for which the cost totals $600 or more.

The Taxpayer Advocate Service (TAS), an office within the IRS that is tasked with identifying unfair policies, estimated in its mid-year report to Congress that 40 million businesses and other entities will be subject to this new requirement, including 26 million non-farm sole proprietorships, four million S corporations, two million C corporations and three million partnerships.  As part of the Coalition for Fairness in Tax Compliance, ABC signed onto a letter sent to Congress last September, that pointed out that all businesses, no matter how small, will have at least five vendors, and with millions of businesses filing one form to each vendor and one form to the IRS for each vendor, the number of 1099s filed each year could exceed 100 million.  May 13, ABC signed onto another letter supporting the Small Business Paperwork Mandate Elimination Act (H.R. 5141) which would repeal the provisions in the PPACA that require the increased reporting.

“The new reporting has nothing to do with health care, but is deemed as a way to raise revenue by closing the tax gap,” the letter stated. “Yet, little data exists to demonstrate that the newly collected information is a source of the tax gap and it is unclear whether and how the IRS can use the paperwork.  Even worse, under this proposal, the burden of finding noncompliant taxpayers is placed on the compliant taxpayers required to file these new forms.”  The IRS is expected to release a final rule implementing these provisions in 2012, but they are accepting comments until Sept. 29.  To submit comments visit the IRS website.

FREE DIVERSITY GUIDE OFFERS RESOURCES FOR ABC MEMBERS: ABC members can get a free copy the ABC Employer Guide for Diversity and Inclusion that is designed to help companies seeking guidance in initiating a new diversity program or improving an existing one.  Each free copy of the Employer Guide to Diversity and Inclusion includes a model for diversity leadership; diversity program success stories; strategies to advance the diversity initiative; and training tips and resources, including helpful forms and reports.  ABC produced the guide as a demonstration of its commitment to supporting industry efforts to overcome the challenges and maximize the opportunities associated with an increasingly diverse workforce and subcontractor/supplier base.

To view a sample of the guide, click here.  To request a free copy, click here.  For more information, visit ABC’s diversity resource center or contact Jen Huber, ABC director of member services, huber@abc.org.

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