Labor and Workforce Issue Page

Cannabis Workplace Safety | Independent Contractors

Labor and Workforce in the Chemical Distribution Industry

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. U.S. 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.

For more information on specific labor and workforce policies, please explore the topics below and browse ACD’s resource database. For the latest actions in these areas, follow us on X and visit our Newsroom.

Featured Resources

• Regulatory Report on OSHA Final Rule: Worker Walkaround Representative Designation Process
• Regulatory Report- DOL Final Rule: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees- May 2024
• ACD Comments on OSHA Worker Walkaround Proposal- November 2023
• ACD Comments on DOL Proposal Altering Overtime Pay Requirements
• Regulatory Report on OSHA's Heat Illness National Emphasis Program and Advanced Notice of Proposed Rulemaking - July 2022

Cannabis Workplace Safety

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. ACD 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. ACD also supports the rights of companies to set and enforce substance use policies consistent with the safety sensitive nature of the industry.

Featured Resources

• ADC U Course on Cannabis & Workplace Safety Workshop

Independent Contractors

The chemical distribution industry relies 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. ACD supports the use of long-established test methods for determining a contractor relationship that reflects the widely varying applications of independent contractors. ACD also supports permanent and harmonized legislative and regulatory definitions of a contractual relationship, which are key to reduce the disruption of the workforce.

Featured Resources

• ACD Regulatory Report- DOL Proposed Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act
• ACD Comments on DOL Employee or Independent Contractor Classification Proposed Rule -- December 2022
• Regulatory Report -- Department of Labor Proposed Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act; October 2022
• ACD Comments in Support of DOL Independent Contractor Proposed Rule – October 2020
• Independent Contractor White Paper - June 2020

For further questions about ACD’s Labor and Workforce Issue Page, please contact Nicholas Breslin, Manager of Regulatory Affairs at nbreslin@acd-chem.com.