NEMA October 2009 ElectroIndustry - 3

Washington Report › DOL Requires Federal Contractors to Post Notices of Employees’ Union Rights Upon taking office in January, President Barack Obama issued Executive Order 13496, which requires federal contractors to post notices informing employees of their rights under the National Labor Relations Act (NRLA) to form, join, and support unions and organizing activity. In August, the Department of Labor (DOL) issued a proposed rule to specify the language for the required notices (www.dol.gov/federalregister/PdfDisplay. aspx?DocId=22984). The business community, through the National Association of Manufacturers (NAM) and U.S. Chamber of Commerce, submitted comments to DOL expressing concerns about the proposed content of the posters. In their comments, both NAM and the Chamber pointed out inaccuracies in the proposed language and expressed concerns that employees relying solely on the posters could be misled either by an incomplete statement of such rights or the omissions of other rights afforded to them under the NRLA, including the right to refrain from joining a union. DOL will review the comments before proceeding to issuing a final rule. ei Sarah Owen, Manager of Government Relations | sarah.owen@nema.org › Batteries Face More Stringent Transportation Safety Regulations In our increasingly mobile and wireless society, safe and portable power is of utmost importance. Consumers expect and rely on it. Members of the Dry Battery Section have devoted their resources to ensure that batteries are not only technically sound, but that there are standards and practices manufacturers, shippers, carriers, and other handlers must adopt and follow. Since the portable battery industry is a global phenomenon, with high volumes of product in transit each day, harmonized international standards are important for safety and cross-border market openness. Because they contain hazardous materials, however, bulk shipments of some types of cells and batteries, including lithium batteries, are regulated by the U.S. and other countries as “dangerous goods.” Safety incidents are largely the result of non-compliance with these regulations. Enforcement is an ongoing challenge. The United Nations Sub-Committee of Experts on the Transport of Dangerous Goods writes international multimodal model regulations and maintains a suite of testing requirements for batteries. Known as “T-tests,” they are being updated with involvement from members of the Dry Battery Section. Separately, three additional international organizations write stowage and packaging requirements and instructions that apply specifically to air, land, or sea. Although the volume of lithium batteries shipped via aircraft in the U.S. is small, national and international regulators remain concerned about the high-energy density of lithium batteries and the ability to control it in case of an incident. Larger volumes of batteries of lithium and other chemistries travel via ocean and road. Battery-powered equipment is also a concern. Congress is now involved. Draft legislation under consideration in the committee would direct the Department of Transportation (DOT) to prepare new rules on testing, marking, and packaging that would go beyond international norms. “We need to advance the state of regulatory action on lithium batteries carried in packs in the cargo hold of the aircraft, where there is no crew accessibility, when there has been no advance notification to pilots,” said Committee Chairman James Oberstar (D-MN). Whether or not legislation is approved, DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) is scheduled to conduct a rulemaking process this fall to update U.S. regulations to account for requirements established by the UN and the International Civil Aviation Organization (ICAO) in 20072008. Nevertheless, the PHMSA proposal is expected to be even more restrictive. In 2004, PHMSA banned lithium metal batteries as cargo on passenger aircraft operating in the U.S. Since then, DOT efforts to have the ban adopted by the ICAO have been defeated. Separately, a process is underway regarding ocean shipping of nickel–metal hydride batteries. Prompted by several incidents in which battery shipments have overheated, the UN sub-committee voted in June to require Ni-MH batteries to be classified as dangerous goods when shipped by sea, starting in 2012. Quantity limits and exceptions must still be determined by the International Maritime Organization. ei Craig Updyke, Manager of Trade and Commercial Affairs | cra_updyke@nema.org NEMA electroindustry • October 09

NEMA October 2009 ElectroIndustry

Table of Contents for the Digital Edition of NEMA October 2009 ElectroIndustry