Documents/DOLPP/3: Safe Secure Workplaces

Strategic Goal 3: Safe Secure Workplaces

Promote workplaces that are safe, healthful, and fair; guarantee workers receive the wages due them; foster equal opportunity in employment; and protect veterans’ employment and reemployment rights.

Other Information:

Resources: Agencies supporting this strategic goal include the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA), the Veterans’ Employment and Training Service (VETS), the Wage and Hour Division (WHD) and the Office of Federal Contract Compliance Programs (OFCCP) within the Employment Standards Administration (ESA). The Department proposes $1.2 billion of discretionary budget authority in FY 2009 to conduct programs and activities that support A Safe and Secure Workforce. These programs include $834 million for worker occupational safety and health ($332 million for MSHA and $502 million for OSHA), $193 million for wage and hour protection and $89 million for equal opportunity compliance, and $14 million to protect veterans’ re-employment rights. Strategic Direction: The Department promotes and enforces some of the most widely recognized legal standards for gainful employment and quality workplaces. Many of these laws, programs, and regulations support the strategic goal for safe and secure workplaces. The Department is developing innovative approaches to implementing the laws and programs that protect the safety, health, and rights of workers. While the Department demonstrates continued success in protecting workplaces, one of its key challenges is developing strategies suited for the changing workplace. The Department protects the rights of workers covered under the Occupational Safety and Health Act of 1970 by responding promptly to imminent danger situations; investigating fatalities, catastrophes and worker complaints; enforcing whistleblower rights under 14 statutes; and inspecting Federal agencies to protect Federal workers. The Department uses a targeted approach by directing inspections and outreach to worksites and industries with the highest injury and illness rates. In addition to workplace inspections, the Department employs a variety of compliance assistance and educational and outreach programs to improve employer health and safety management systems. Under the provisions of the Federal Mine Safety and Health Act (Mine Act) of 1977, as amended by the Mine Improvement and New Emergency Response Act of 2006 (MINER Act), the Department protects the health and safety of workers in the mining industry. The Department recognizes that the mining environment is an inherently hazardous workplace. Current economic and demographic issues facing the mining industry add to this challenge. Thorough and regular mine inspections accompanied by education and training and technical support are critical to the Department’s success in ensuring mine safety. The Department remains committed to promoting compliance with labor standards to better protect all workers, especially those most economically disadvantaged and vulnerable. The Department ensures that low-wage workers receive the wages due to them by enforcing laws such as the Fair Labor Standards Act, which establishes minimum wage, overtime pay, recordkeeping, child labor standards and the Migrant and Seasonal Agricultural Worker Protection Act, which regulates the employment activities of agricultural employers, farm labor contractors, and associations using migrant and seasonal agricultural workers. As a result of the Department’s enforcement activities, the number of workers receiving back wages, which is the difference between what the employee was actually paid and the amount he or she should have been paid, has increased by 14 percent since FY 2001. The nation increasingly relies on immigrant workers to fill employers’ needs in low-wage, labor-intensive industries such as agriculture, garment, health care, guard and janitorial services, restaurants, and hotel/motels. The Department is responsible for the administration of anti-discrimination and equal employment opportunity regulations for Federal contractors and subcontractors employing more than 20 percent of the labor force in America, or approximately 26 million workers. Strong enforcement focuses on worst offenders with increased consequences for violations. The Department’s continued success is largely driven by the use of Active Case Management which emphasizes the strategic use of enforcement resources and targeting establishments with the highest likelihood of discrimination. The Department also helps to protect employment retention rights for veterans and members of the National Guard and Reserve. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides that returning service-members are reemployed in the job that they would have attained had they not been absent for military service. The law applies to virtually all public and private employers, regardless of size. The Department administers USERRA, investigates complaints, and performs educational outreach, all significant activities serving the men and women called to active duty over the course of the war on terror.

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