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ALPHABET SOUP DU JOUR
HOW TO BUSINESS MANAGEMENT BY JIM HINGST HOW TO REGULATIONS | BY DAVID HICKEY
Federal regulators have been busy of late. Alphabet Soup Du Jour
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Three or four little letters can make a huge difference to a sign, graphics, and visual communications company. No, I’m not talking about trying to squeeze a long name onto a small sign; I mean the alphabet soup of federal agencies—like OSHA, EPA, FCC, and others—whose rules impact our daily work lives.
The federal regulators have been busy of late, and many of their decisions affect your business. It can be a challenge, for sure, to keep up with all of the federal regulations that can potentially impact your business. However sticking your head in the sand can be a costly and unwise response.
Here are some recent (alphabet) actions that you need to know about.
Occupational Health and Safety Administration (OSHA) The never-ending saga of complying with OSHA’s mobile crane operator certification continues.
While the industry rushed to ensure that all qualified mobile crane operators underwent third-party training and certification, OSHA amended its rule, requiring, as of February 2019, that employers ensure that each operator is “evaluated,” including for vehicles and capacities not covered under the crane certification requirements. This evaluation must be done by someone who has the knowledge, training, and experience to evaluate.
And here’s the little detail that can trip up even the most compliant company—the employer must document the evaluation, and it must be kept at the worksite.
ISA has compiled an easy-to-use evaluation form to help ensure compliance. Learn more about the mobile crane operator certification and find the evaluation form at signs.org/crane. It’s also that time of year when employers must post their OSHA Form 300A in the workplace. This is the summary of serious workplace injuries and illnesses from 2019, and it must be posted in an area that is clearly visible to all employees and even new applicants.
While each company’s Form 300A must be kept posted until April 30, em
20 Sign Builder Illustrated April 2020 signshop.com Photos: ( Top ) Elliott Equipment; ( Left ) Persona, Inc.
ployees have the right to request a copy of these records at any time.
One more reason to make sure all of your practices comply with OSHA regulations: In 2020, the Department of Labor increased the penalties for violations. Serious issues or daily abatement fines are almost $13,500, while willful or repeat violations near $135,000.
These increases are part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which mandate increases based on the consumer price index each January.
Environmental Protection Agency (EPA) The EPA requires that any company that uses mercury in the manufacturing process must document and report its usage—no matter how little is used.
Mercury is used in neon sign production. There are certain exemptions, including mercury imported in an assembled product.
The EPA requires companies to use the Mercury Electronic Reporting application. You can find out how to do this and whether or not this rule applies to you at signs.org/mercury.
Federal Communications Commission (FCC) The FCC is taking a hard look—and issuing fines—to manufacturers and suppliers whose electronic signs interfere with the digital spectrum.
While ISA is working with the FCC to raise awareness and find solutions, it is important that companies and manufacturers comply.
For sign companies that sell manufacturer-produced digital signs, ensure the devices are tested by accredited laboratories and carry a two-part warning label or certificate of compliance.
Signs that are found to violate the FCC rule but can’t be brought into compliance can no longer be used—creating a client relations nightmare that you certainly will want to avoid. Check out signs.org/FCC for more helpful information on this topic.
Department of Labor (DOL) The department increased the threshold for those eligible for overtime pay to $35,568—up from $23,660. This applies even to salaried workers.
Also of note: Some states have thresholds higher than the federal law; in those cases, state law takes precedent.
David Hickey is vice president of Government A airs at the International Sign Association. You can contact him at david.hickey@signs.org.
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