High priority current reports from the OMA about legislative, regulatory, judicial and political developments that affect Ohio manufacturers:

Trial Lawyers Win House Committee Vote; Legal Climate Threatened Again

Ohio’s improved legal climate suffered a blow this week when the House Civil & Commercial Law Committee recommended passage of HB 361. This bill makes changes to Ohio law governing the introduction of medical evidence in personal injury trials.

HB 361 would undo the effect of a major provision in the tort reform bill (SB 80) enacted in 2004. This important provision empowers Ohio juries by ensuring they have all the information they need to make a fair and reasonable determination of damages.

HB 361 would limit evidence that can be given to juries in personal injury and wrongful death cases. This will provide plaintiff lawyers with the ability to confuse juries when they are asked to determine damages. And, it will interfere with a jury’s ability to deliver fair and equitable results.

Act today to defeat the trial lawyers and protect justice!  Call and fax your state representative immediately.   02/04/2010

Trial Bar Delivers Setbacks and Threats

In the last decade, Ohio made significant progress with a number of important civil justice reforms and reinforcing court decisions. These achievements are helping to reduce the litigation cost burden on employers and, in turn, paving the way toward a more competitive business climate in Ohio.

However, work to improve Ohio’s civil justice system is far from finished. An aggressive trial bar continues to push an agenda to expand liability and repeal existing tort reform law. The OMA is monitoring those efforts, at both the Ohio Statehouse and the courthouse, and advocating for additional legislative or judicial action to strengthen fairness and predictability where weaknesses exist.

Plaintiffs attorneys are working hard to whittle away at civil justice reforms that have made Ohio a fairer place for business and for injured parties.  Stop them by engaging with policymakers!  Read and distribute widely this primer on this important issue for manufacturing and for Ohio.  02/05/2010

Getting America Back to Work

A new economic report sponsored by the National Association of Manufacturers (NAM) and conducted by the Milken Institute shows that changes to economic and tax policies and investment in key infrastructure project categories could spur sustained economic growth and create more than 11 million jobs in the United States this decade.

The report, “Jobs for America: Investments and policies for economic growth and competitiveness,” analyzes how reducing corporate tax rates, establishing a permanent research and development (R&D) credit, modernizing the U.S. system of export controls and making major investments in energy and transportation infrastructure would create jobs and make the United States more competitive.  02/05/2010

Radical HSUS Group Pursues Ballot Redo on Livestock Care

Just months after Ohioans approved State Issue 2 to create the Ohio Livestock Standards Care Board, the radical veganist movement veiled as a humane society filed a petition to place a ballot issue before Ohio voters in November to effectively undo the common sense regulations on livestock care created by State Issue 2. 

Manufacturers of food product and manufacturers of products used in agriculture were actively supportive of State Issue 2 and will now need to brace for a rematch.  The OMA endorsed State Issue 2 and had been working with parties such as the Ohio Farm Bureau to implement the voter approved reforms. 

“This new ballot initiative will throw a monkey wrench into work that has already been completed, and it raises heightened concerns over new regulatory burdens on food production post-harvest,” said OMA’s Ryan Augsburger.  Concerned manufacturers should plan to stay engaged and consider budgeting dollars for what is sure to be a costly campaign.  02/05/2010

OMA General Counsel Elected Managing Partner at Bricker & Eckler

OMA general counsel, Kurt Tunnell, has been elected as the Managing Partner at Bricker & Eckler LLP.   Tunnell joined the firm in 1987, and he has served as Administrative Partner since 2008.  From 1991-1994, he served as Chief Legal Counsel to then Governor George Voinovich. 

Congratulations, Kurt!  02/03/2010

Ohio Third Frontier Goes to Ballot

After some partisan wrangling, and legitimate policymaking give-and-take, the Ohio House and Senate came to agreement on a measure to put a bond issue on the ballot for $700 million for the Ohio Third Frontier program.  The vote was nearly unanimous.  Voters will act on the issue in May.

Former Speaker of the House (and long-time manufacturing supporter) Jo Ann Davidson will co-chair the committee that will promote the ballot issue. 02/05/2010

“Discarded Like Yesterday’s Trash”

"Members of the UAW were fully protected in a mediated settlement between the Auto Task Force, GM, Delphi and the UAW. Their pension plan remained with GM and it was brought up to full funding...using capital provided by the U.S. Treasury," a member of the Delphi Salaried Retirees Association testified this week. "The issue is that in this situation, various worker groups have been treated differently by the U.S. government." 

Salaried employees of bankrupt Delphi were "discarded like yesterday's trash," he said.

At issue is Senate Concurrent Resolution 23, which memorializes the federal government to “treat all of the General Motors-Delphi retirees fairly and equitably and provide for the full earned pensions and other post employment benefits in the same manner for all groups regardless of their representation.”  02/05/2010 

Federal Magistrate Undermines Common Sense Regulations

In response to a Sierra Club challenge, a federal magistrate ruled this week to enjoin Ohio EPA from issuing permits for small sources of pollution without Best Available Technology (BAT).  While BAT does not result in reduced emissions, it often results in operational inefficiency as requirements are written into permits that restrict manufacturering flexibility.

The OMA led industry support in 2006 to get this burdensome requirement removed.  The OMA had submitted an amicus brief in this case supporting Ohio EPA’s position that the Sierra Club was without standing to bring the suit, among other arguments. 

The OMA is urging the Ohio EPA to mount a vigorous defense of this common sense regulatory reform through all available legal channels.  02/05/2010

Director Korleski Makes a Surprise Visit to OMA Environment Committee

The OMA Environment Committee had planned on meeting with Ohio EPA’s chief counsel Drew Bergman this week.  Instead, Ohio EPA Director Korleski stopped by to address the group.  Director Korleski spoke about his trip to Copenhagen regarding GHG regulation proposals and the recent federal ruling that reversed common sense air permitting reforms (see separate story).  Meeting materials are available to members to review.  02/05/2010

States Worst Schools Named

This week the Ohio Department of Education released its list of schools that are the worst (“persistently lowest achieving”) 5 percent statewide.  The federal stimulus package for schools includes some competitive grants, including millions to improve the lowest achieving schools. The state had to create the list to qualify for the federal education grants, known as the School Improvement Grants.

Schools were placed into one of three performance tiers. Based on the tier, schools will be required to implement one of four school intervention models:  the “turnaround model,” “restart model,” “school closure,” or “transformation model.”

The districts within which the schools are located will compete for the grants.  District applications will need to include comprehensive district plans, as well as strategies for each identified school, that incorporate the intervention models.  02/04/2010

Self-Insured Employers Asked to Report Claim Reserve Data

The BWC is calling on self-insured employers to report reserve data.  The initial request was made in late in December.  This week the BWC clarified the data request in response to employer questions and concerns. 

The data request was driven by findings in the comprehensive Deloitte study of the workers’ compensation system completed last year that calls for a more actuarially-based self insured guaranty fund assessment methodology.  The OMA supports the BWC’s approach toward greater actuarial soundness.  The data collected (in an aggregated form) is necessary to model the effect of different guaranty fund assessment options.  02/05/2010

Finger Injuries Drive Most Aggregate Cost Among OMA Group-Rated Members

Recent workers’ compensation claims data for OMA group-rated employers compiled by the Bureau of Workers’ Compensation (BWC) Division of Safety & Hygiene show the body part injuries that drive the highest total costs to employers and the workers’ compensation system.  Claims for years 2005-2009 filed by OMA group-rated member companies were studied.  In terms of aggregate cost to employers and the system, the most costly injuries are to these five body parts:

• Finger injuries (1133 incidences)
• Lumbar injuries (303 incidences)
• Hand injuries (572 incidences)
• Shoulder injuries (164 incidences)
• Eye injuries (492 incidences)
• This subset of claims cost more than $3 million dollars.

Countermeasures for these injuries include effective personal protective equipment (cut resistant gloves, eye protection), improvements in machine guarding and improved manual material handling practices.  Relevant safety training programs for these specific and other safety hazards are available at no charge to Ohio employers through the BWC Division of Safety & Hygiene.  02/05/2010