I'm saying Trump has no authority over tariffs which aren't related to national security. I'm sure you wouldn't dream of supporting a President who exceeded his legislated authority.
I've commented before on Trump's use of tariffs. I'll be honest, I don't know enough about them to know if they are within his authority or not. I suspect that the issue is probably more complicated than we'd like to think. I do agree that the power to impose tariffs unilaterally is something that if it does sit with the President should probably be reconsidered. I mean I may agree with Trump on the issue, or the results he's been getting, but establishing this as a Presidential perogative is not likely to be a future precedent that will be used in ways that I like as much. So yes, this is one that should be curtailed.
I just think it's interesting that you dodge the point by focusing on that piece.
Seriati:
This would be like, if Congress said there's a one year statute of limitation for the crime of theft, and then a regulator that decided this was unfair tried to impose a rule that the one year doesn't begin until you admit the theft at the police station.
honest question: does the statute of limitation start at the occurrence of the crime, or when it was discovered/reported?
What if the theft was at someone's vacation home and not discovered until 6 months later? When does the 1 year begin?
Depends on the statute. Statutes of limitations are pretty literally
statutes. We know that some run from the time the crime occurred, others run from the time they are discovered/reported (or more significantly here should have been discovered/reported), and others expire based on unrelated events (e.g., many crimes against children run their statute of limitations from the child's 18th birthday - effectively to push the now adult to promptly file).
It's unfair to call somebody out on an incomplete form nine months after they write it? Mmmmmkay.
You really are confused. The issue on failure to report is that the report wasn't completed (that would be the individual accident report) and that the log therefore will have an omission. The "incorrect" log is derivative of the failure to complete the report, why would it be the focus?
Maybe you should read up on why we have statute of limitations in the first place, you don't seem to understand them as anything but a negative.
Imagine an employee from 3 years ago starts asserting that they were injured on the job because of a routine practice of ignoring a specific safety measure. The company investigates and finds that the safety measure is currently always strictly enforced, there's no history of a lack of enforcement or any previous findings of it being ignored in inspections. Only a few people work in that area and of the ones still at the company none of them remember such an event. Floor videos are only saved for 90 days.
Is that proof it didn't occur? Mostly not.
Now if the claim had been brought in a timely manner (i.e., immediately after the injury) would the company have been able to establish whether the event occurred? Almost certainly. And the dangerous situation could have been corrected.
The point of the OSHA implementing law was to ensure workplace safety (not to compensate employees - which is in fact different rule, and if I recall a "no fault" set up that isn't targetted at punishing companies but at compensating workers with minimum fuss). Delaying raising injuries and safety issues for years frustrates the goal of improving work place safety, which is why the statute of limitations is shorter. I'd also note, that given the "no fault" relief available under worker's comp, recharacterizing an injury as work place related can have a material financial impact, particularly for he uninsured. Fraud frisk increases as the time between an injury and the report separate. Is the worker's claim really because of a work place issue from 3 years ago, or from an injury from their recent car accident, or from the uninsured fall they took during a drunk wrestling? So again the regime is designed to force those claims to occur promptly to allow them to be properly investigated, and if necessary disputed, and to cause the unsafe situation to be remedied promptly.
The 2016 reg did confuse this, because it deliberately protected workers from punishment for a failure to promptly report injuries. The argument for that was that a worker may not realize they are injured for a period of time, or an injury may be a cumulative event, and they discounted the known fraud risk in the interest of increasing that protection.
An employee violates a safety rule, they get written up internally. Enough times, they get fired. Build a culture that is unforgiving of corner cutting.
That's generally the rule already, enforcement may vary. Has little to do with whether injuries are properly reported, and they will still occur no matter how much safety is in place. The six month limit is on the failure to record an injury, whether or not the injury is tied to a safety violation.
Its about reducing penalties in the sense that the the terrifying expansion got undone. Under the Obama rule, penalties would be higher.
Penalties were not intended to be the focus of OSHA or the rules. Safety was. Finding out that a company failed to record injuries, even if you can't currently cite them for those that occurred more than six months will show in the OSHA report and require remediation going forward, the failure of which does result in OSHA violations and punishments.
Again, the goal is to create a safer work environment not to levy financial consequences for historic events.