Employees are the backbone of the chemical distribution industry. Without a steady and reliable workforce, chemical distributors would not be able to supply the nation with crucial materials. The Department of Homeland Security’s Cybersecurity and Infrastructure Agency (CISA) has designated the chemical industry, including chemical distribution, as an essential critical infrastructure industry. Labor and workforce policies that impact the chemical industry must reflect the essential and safety-sensitive nature of the industry.
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Tetrahydrocannabinol (THC), the psychoactive ingredient in cannabis, is impairing and can impact an employee’s ability to perform their job function safely. As several states have legalized recreational and medicinal use of cannabis, many employers with safety-sensitive job functions are concerned that hasty legalization could result in decreased workplace safety and increased liability for companies. NACD supports the inclusion of a liability exemption for safety-sensitive employers from any work-place hazards that may occur due to an employee’s impairment from the use of marijuana. NACD also supports the rights of companies to set and enforce substance use policies consistent with the safety sensitive nature of the industry.
Chemical distributors rely on a mix of employed and contracted labor that reflects the dynamic nature of the industry. Whether it is for warehousing, sanitization, or transportation work, many companies choose to contract rather than hire labor because contracting enables companies to adjust their labor force based on demand. NACD supports the use of long-established test methods for determining a contractor relationship that reflects the widely varying applications of independent contractors. NACD also supports permanent and harmonized legislative and regulatory definitions of a contractual relationship, which are key to reduce the disruption of the workforce.
For further questions about NACD’s Labor and Workforce Issue Page, please contact Nicholas Breslin, Manager of Regulatory Affairs at firstname.lastname@example.org.