Punching In: The Labor Department Gets an Education (Program)

Monday Morning Musings for Workplace Watchers

DOL Might Get ED’s Work | OSHA Heats Up

Rebecca Rainey: The US Department of Education made an agreement with the Labor Department to allow the DOL to take over its career, technical, and adult education grants, putting into action the White House’s plan to consolidate federal workforce training programs.

The transfer would give the DOL even more responsibility over job training funds despite the Trump administration’s efforts to eliminate DOL subagencies and staff, including cuts to personnel at the DOL’s office that would take on the new grants.

The interagency pact, first reported by Politico, has since been put on ice under a preliminary injunction issued against the Trump administration’s efforts to shut down the Education Department.

In a court filing June 10 in the litigation over the Trump administration’s efforts to dissolve the Education Department, the administration said the injunction was preventing the agency from “pursuing operational efficiencies and cost-savings” like the agreement with the DOL.

The pact, signed May 21, appears to effectuate the first steps of a plan outlined in President Donald Trump’s budget plan to wrap federal job training funding into a single “Make America Skilled Again” grant program administered by the DOL. It also implements Trump’s executive orders calling on federal agencies to sign up one million new apprentices annually and to facilitate the closure of the Education Department.

The partnership enables reforms for participants in federally funded education and workforce development programs and connects the two agencies’ training programs “to provide a coordinated federal education and workforce system,” according to a copy of the agreement included in the government’s court filing.

Under the agreement, the DOL’s Employment and Training Administration would now oversee certain adult education and career and technical education funding and programs provided under the Workforce Innovation and Opportunity Act and the Strengthening Career and Technical Education for the 21st Century Act.

That will include administering grants, cooperative agreements, and contracts, as well as monitoring grant recipients’ compliance with the law and states’ drawdowns of funding. These programs and funds have historically been handled by the Education Department’s Office of Career, Technical, and Adult Education. The Education Department said it would reimburse the DOL as much as $2.6 billion for taking over these duties.

The DOL declined to comment on the plan.

Lori Chavez-DeRemer during her confirmation hearing before the Senate Health, Education, Labor and Pensions Committee.

Chip Somodevilla/Getty Images

Tre’Vaughn Howard: The summer heat is here in Washington and so is the Occupational Safety and Health Administration’s informal public hearing to address it.

Starting today through July 2, an administrative law judge will oversee testimonies from stakeholders like trade associations, unions, and employers. The hearing schedule is organized by stakeholder groups for each day, providing each group the opportunity to present their case before an ALJ and OSHA officials, who, along with stakeholders, are allowed to ask questions of one another.

“I think the order of presentations is telling. Each represents important voices in this rulemaking process,” said Heather MacDougall, who represents the US Chamber of Commerce in its comments on OSHA’s proposed heat standard. OSHA officials have emphasized the importance of those scheduled to testify coming prepared with evidence to support their position.

“Where evidence is presented at the hearing, as part of its rulemaking obligations, OSHA should consider and address the evidence before finalizing a heat rule,” MacDougall added.

The Trump administration decided to move forward on holding the hearing, which was set by the outgoing Biden administration. The hearing brings the rule closer to the finish line and comes as businesses’ and House Republicans’ receptiveness to a heat proposal has shifted.

The nationwide heat proposal—which has faced widespread criticism from businesses that argue it’s too prescriptive—as it stands, would apply broadly to both indoor and outdoor workplaces across various industries.

A specification standard states safety requirements more explicitly, like a guardrail must be a certain height, while a performance standard generally doesn’t specify how a company should comply and rather focuses on the desired outcome of protection from a recognized hazard.

Industries that are likely to be affected, such as construction and warehousing, are also pressuring OSHA to modify the proposed heat rule to a more performance-oriented approach rather than leave it in the hands of the next Democratic administration.

Susan Bisom-Rapp, a professor at California Western School of Law, said this type of rulemaking process is vital for the heat proposal, considering the widespread interest.

“That’s incredibly important, you want to hear from small businesses, you want to hear from unions,” said Bisom-Rapp. “The more we give room for different voices, the better.”

OSHA plans to hold a post-hearing comment period where those who gave a testimony can submit additional evidence and file final written briefs up until Sept. 30.