DHS Stands Firm on 'No Match' Rule

Enjoined by a San Francisco federal judge last fall from implementing a rule that would make U.S. employers liable if they continue to employ workers whose W-2 earning statements don't match Social Security records, the U.S. Department of Homeland Security appealed. And when it published a "supplemental" proposed rule today, it stuck to its guns and made no changes in the rule, which it issued Aug. 15, 2007.

DHS maintains the rule does not require employers to comply with any new mandate, even though Judge Charles Breyer concluded the rule threatens employers with higher compliance costs and millions of workers with a higher risk of termination. The agency in today's supplemental rule estimated potential costs businesses of various sizes might incur, saying they range from under $4,000 for the smallest firms with under 20 percent of their workforces being unauthorized workers to around $33,000 for the largest firms with 80 percent undocumented in their workforces.

DHS also said it considered and rejected five alternatives to its rule. The alternatives were no action; an industry-specific approach addressing only industries with high numbers of undocumented workers, including agriculture and restaurants; phased implementation for small employers; extended time allowed for small employers; and mandatory steps without providing a safe harbor, which the August 2007 rule provides.

The lawsuit that resulted in Breyer's injunction was filed by the AFL-CIO, two large unions, and the U.S. Chamber of Commerce against DHS and the Social Security Administration.

Download Center

HTML - No Current Item Deck
  • Get the Ultimate Guide to OSHA Recordkeeping

    OSHA’s Form 300A posting deadline is February 1! Are you prepared? To help answer your key recordkeeping questions, IndustrySafe put together this guide with critical compliance information.

  • Steps to Conduct a JSA

    We've put together a comprehensive step-by-step guide to help you perform a job safety analysis (JSA), which includes a pre-built, JSA checklist and template, steps of a JSA, list of potential job hazards, and an overview of hazard control hierarchy.

  • Everything You Need to Know about Incident investigations

    Need some tips for conducting an incident investigation at work after there’s been an occupational injury or illness, or maybe even a near miss? This guide presents a comprehensive overview of methods of performing incident investigations to lead you through your next steps.

  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Industry Safe

OH&S Digital Edition

  • OHS Magazine Digital Edition - November December 2020

    November December 2020

    Featuring:

    • COLD STRESS
      Managing Cold Stress
    • TRAINING: FALL PROTECTION
      Providing Training for Fall Protection
    • PPE: HEARING PROTECTION
      Eight Tips for Hearing Testing Day
    • FACILITY SECURITY
      Incorporating COVID-19 Protections into Safety Programs
    View This Issue