ABC ensures that the collective voice of its membership is heard throughout the
federal regulatory process. ABC regularly provides constructive feedback on potentially harmful and burdensome rulemaking proposals to federal agencies via the
"notice-and-comment" process.
Below, you will find ABC's formal written comments and testimony pertaining to federal rulemakings.
If you have questions or concerns regarding ABC's comments, please contact
regulatory@abc.org.
On February 21, 2012, ABC submitted comments with the U.S. Department of Labor in response to its . The proposal also calls for hiring targets for disabled workers by all federal contractors with 50 or more employees and contracts (and subcontracts) of $50,000 or more.
ABC pointed out the adverse impact OCFFP’s proposal will have on the construction industry, and expressed disappointment that the agency failed to cite DOL’s historic position (and decades of its own regulations) acknowledging the unique nature of construction employment. Furthermore, ABC argued that OFCCP lacks statutory authority, and has failed to provide any evidence that federal contractors as a whole are currently failing to meet their obligations toward persons with disabilities.
ABC requested an immediate withdrawal of the proposal or, at minimum, modification of the proposal to maintain consistency with agency practice regarding the construction industry.
A full summary of ABC’s comments is provided
ABC's Newsline.
On January 30, 2012, ABC submitted comments to the U.S. Department of Agriculture (USDA) in response to its
In the comment letter, ABC strongly objected to the USDA’s new rule, and outlined numerous substantive and procedural concerns. ABC commented that due to the complexity of applicable laws, it is difficult, if not impossible, for any employer to “certify” it is in compliance with any or all labor laws (and impossible for that contractor to “certify” subcontractors are in compliance with such laws). ABC argued that the drafting and publication of the rulemaking failed to follow proper procedures, specifically noting that the USDA did not properly analyze the significant time and cost burdens imposed by the rule.
ABC stated that while the USDA’s intent was to support labor protections in the procurement process, the agency failed to show how it would improve current procurement policy, and did not demonstrate a need for the rulemaking in the first place. In addition, ABC maintained that the agency lacks the authority to implement the rulemaking, seriously doubted that it could even be realistically implemented and requested that it be withdrawn immediately.
A full summary of ABC’s comments is provided
ABC's Newsline.
On October 31, 2011, ABC, as part of the Employers for Flexibility in Health Care (EFHC) coalition, submitted comments on .
The comments were submitted to the Internal Revenue Service and the Department of Health and Human Services in an effort to help ensure employer-sponsored coverage remains a competitive option for all employees whether full-time, part-time, temporary, or seasonal workers.
In the comments, the coalition expressed concern that the employer requirements under PPACA are fundamentally unworkable and ultimately will have to be re-examined through the legislative process. The coalition called special attention to the definition that says employees who work 30 hours per week are considered full time, the affordability and minimum value standards for employer coverage, the imposition of tax penalties based on a household income, the complex administrative reporting requirements, and the authority given to state insurance exchanges over employer-sponsored plans.
A full summary of ABC’s comments is provided ABC's Newsline .
On October 21, 2011, ABC submitted comments to the Department of Health and Human Services as part of the Small Business Coalition for Affordable Health Care to provide input on a .
In the letter, the coalition emphasized the importance of ensuring flexibility and simplicity in the Small Business Health Option Program (SHOP) so small businesses can easily participate in a manner that works best for employers and employees. The coalition also called attention to the need for states and HHS to ensure the stability of each state’s exchange, as well as SHOP financing and infrastructure so, as exchanges grow over time, they remain financially viable and able to meet the needs of all participants.
The coalition pointed out that the proposed rule does not address all exchange provisions in the Patient Protection and Affordable Care Act, including failing to define minimum essential health benefits, actuarial value, and other benefit designs. The coalition noted that many small businesses are still attempting to figure out how the new law will impact their ability to offer health insurance to their employees and that it is extremely difficult for small businesses to track and comprehend multiple, incomplete proposed rules.
A full summary of ABC’s comments is provided in ABC’s Newsline .
On October 21, 2011, ABC, along with 69 other companies and organizations, submitted comments addressing the notice of . According to a news release by HHS, the summary of benefits and coverage will include a new, standardized health plan or policy comparison tool for consumers known as “coverage examples,” expected to be similar to the nutrition facts label required for packaged foods.
In the comment letter, ABC and the other groups asked the U.S. Departments of Treasury, Labor and HHS to immediately assure employers that adequate time will be provided for compliance with these provisions. The groups also recommended a simpler approach to implementing the portion of the rules which call for plan participants to obtain “coverage facts labels” on selected health conditions.
In addition, the comments pointed out employers need flexibility not only to meet the requirements expected of them under the new law, but also to continue leading innovation in benefit designs that are highly valued, increase quality and contain costs. The groups noted the importance of structuring the final rules in such a way that the 94 percent of employers with more than 50 employees that currently offer health care coverage can continue to offer such coverage.
A full summary of ABC’s comments is provided in
ABC’s Newsline .
On September 21, 2011, ABC submitted comments with the U.S. Department of Labor in response to its
ABC argued that the regulatory burdens imposed by the proposal’s expanded reporting requirements are completely unjustified and would harm small construction businesses barely surviving in the current economy. The proposed changes would deprive employers of their right to free speech, freedom of association and legal counsel, and would deprive employees of the right to obtain balanced and informed input from both sides as they decide whether to be represented by a union. Most importantly, the proposal would harm existing businesses and impair their ability to grow and create new jobs. ABC demanded that DOL reconsider its rulemaking and withdraw it without delay. ABC was also a signatory to comments filed by the Coalition for a Democratic Workplace (CDW).
A full summary of ABC's comments is provided in
ABC Newsline .
On August 22, 2011, ABC submitted comments to the National Labor Relations Board (NLRB) in response to a ABC strongly opposed the Board’s drastic revisions to existing union representation election procedures--which would (among other provisions) cut the period for union representation elections from an average of 38 days to as little as 10--and requested that they be withdrawn in their entirety.
ABC argued that the NLRB’s "ambush" election proposal would significantly impede merit shop contractors’ ability to protect their rights during the pre-election hearing process. The comments also noted that the proposal will prevent employers from being able to provide facts and information regarding unions to their employees in the lead-up to a representation election. In addition, the comments pointed out that the Board’s proposal will impose numerous burdens on small contractors and their employees (which constitute the majority of the construction industry) without any reasoned justification for imposing such burdens.
In addition to its industry-specific comments, ABC signed on to support comments filed by the Coalition for a Democratic Workplace (CDW). ABC also urged its members to take action by submitting their own letters to the Board, which yielded a significant number of responses.
A full summary of ABC's comments is provided in ABC Newsline .
On August 8, 2011, ABC submitted comments with the Internal Revenue Service (IRS) in response to a as required by section 3402(t), which was added to the Code by the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA). In addition to the recommendations in its comments, ABC reiterated its position of full repeal of 3402(t) and requested a public hearing regarding the proposal.
A full summary of ABC's comments is provided in ABC Newsline .
On May 26, 2011, ABC member Chet Karnas, president and owner of Lone Sun Builders, Inc., testified at a hearing titled, In his testimony before the House Committee on Education and the Workforce’s Subcommittee on Health, Education, Labor and Pensions, Karnas recounted his experience as a small business owner battling union corporate campaigns--and the unethical practice of "bannering" in particular. Karnas testified that his business has suffered "a 20 to 30 percent decline in sales directly due to the negative impact of corporate campaigns."
A full summary of ABC's testimony is provided in
ABC Newsline . For more information, visit the
House Committee on Education and Workforce website .
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ABC's Testimony: “Corporate Campaigns and the NLRB: The Impact of Union Pressure on Job Creation"
House Committee on Education and the Workforce On April 14, 2011, ABC member Tom Mistick, President of Church Restoration Group, LLC, testified at a hearing titled, In his testimony before the House Committee on Education and the Workforce’s Subcommittee on Workforce Protections, Mistick stated that the Davis-Bacon Act “hinders economic growth, increases the federal deficit; and imposes an enormous paperwork burden on both contractors and the federal government.” Mistick testified that “at a time of shrinking public construction budgets, the Davis-Bacon Act’s fundamentally flawed system is arbitrarily limiting the amount of construction that can be built by needlessly increasing project costs. Jobs have been lost, businesses have closed and taxpayers are getting four buildings for the price of five because of this broken process.”
A full summary of ABC's testimony is provided in
ABC Newsline . For more information, visit the
House Committee on Education and Workforce website .
House Committee on Oversight and Government Reform
On March 16, 2011, ABC General Counsel Maurice Baskin testified at a Congressional hearing titled, In his testimony before the House Committee on Oversight and Government Reform's Subcommittee on Regulatory Affairs, Stimulus Oversight and Government Spending, Baskin stated that recent administration efforts to make project labor agreements (PLAs) part of the federal procurement process are "threatening to violate the longstanding Congressional mandate of full and open competition in federal procurement." Baskin urged Congress to support the Government Neutrality in Contracting Act (S. 119/H.R. 735). ABC members John Ennis, Jr., CEO of Ennis Electric Company, Inc., Manassas, Va., and John F. Biagas, CEO of Bay Electric, Newport News, Va., also testified at the hearing.
A full summary of ABC's testimony is provided at the truth about PLAs . For more information, visit the House Committee on Oversight and Government Reform website .
Over 100 ABC members sent letters to the National Labor Relations Board (NLRB), . The letters argued that the NLRB lacks the statutory authority to promulgate or enforce the poster requirement. ABC National and the Coalition for a Democratic Workplace (CDW) also submitted detailed comments to the NLRB in opposition to the proposal, asking that it be immediately withdrawn from consideration.
ABC also highlighted the misguided proposal in a letter to the House Education and Workforce Committee in response to the hearing, titled, “Emerging Trends at the NLRB.”
On January 7, 2011, ABC sent a letter to the House Committee on Oversight and Government Reform in response to Chairman Darrell Issa’s (R-CA) formal request that ABC help . In addition, the letter offered suggestions on reforming the federal rulemaking process overall.
A full summary of ABC’s letter on regulatory reform is provided in
ABC Newsline .
ABC’s Comments: Letter to Chairman Issa
On November 12, 2010, ABC, and its partners in the H-2B Workforce Coalition filed comments with the U.S. Department of Labor (DOL) in response to the . The proposed methodology, which favors Davis-Bacon wage determinations, is projected to increase H-2B hourly wages in the construction industry by $10.65 per hour.
ABC made a convincing case against the Davis-Bacon Act wage determination process, and illustrated that the proposal’s costs and added complexities would be virtually impossible for smaller businesses to absorb. ABC recommended that DOL preserve the current H-2B wage methodology, and withdraw its proposal to revise this crucial component of the program.
On October 29, 2010, ABC and its partners in the Coalition for Workplace Safety (CWS) filed comments with the Occupational Safety and Health Administration (OSHA) in response to the . The proposal would expose program participants to increased inspections, thus eliminating the key incentive of program participation.
ABC and its partners in the Coalition for Workplace Safety (CWS) voiced concerns that the proposed changes would discourage employers from participating in the program, and highlighted a pattern of recent agency actions deemphasizing and discouraging the compliance assistance programs at OSHA, while stepping up enforcement activities. Furthermore, ABC questioned the agency’s proposal to step up enforcement activities on “good actors” in the On-Site Consultation Program, instead of using its resources to pursue recalcitrant employers, flouting federal safety and health regulations.
On August 16, 2010, ABC, in a coalition of small business representatives, filed comments with the Departments of Health and Human Services, Labor and Treasury, expressing concern regarding interim final rules dealing with A full summary of ABC’s August 16th comments is provided in ABC Newsline .
On November 17, 2010, the Department of Health and Human Services, Labor, and Treasury issued an amendment to the June 17 interim final rules on grandfathered health plans. After reviewing public comments, the departments decided to amend the interim final regulations to allow a group health plan to change health insurance coverage (that is, to allow a group health plan to enter into a new policy, certificate, or contract of insurance) without ceasing to be a grandfathered plan, provided that no other changes are made that would cause the plan to lose grandfathered status. For more on the amendment, visit ABC Newsline .
Visit ABC's Final Regulations page for more information on the provisions of the interim final rules.
On August 6, 2010, ABC filed comments with the Environmental Protection Agency (EPA) recently issued a . The program currently requires the certification of contractors performing renovation projects that disturb more than six feet of lead-based paint in pre-1978 homes, child care facilities and some schools. EPA's a proposal that would revise the current RRP requirements covering dust-wipe and clearance testing after renovations are completed, and would require that lead dust levels on certain renovations be below regulatory hazard standards.
As with comments filed July 6, 2010, in response to EPA's plans to regulate lead-related renovation activities public and commercial buildings, ABC reminded EPA of its limited statutory scope and authority under the Toxic Substances Control Act (TSCA). In addition, ABC pointed to several serious legal deficiencies in the proposal, and urged the agency to reconsider.
On July 6, 2010, as part of a coalition with 14 other organizations, ABC filed comments with the Environmental Protection Agency (EPA), in response to an “advance” notice of proposed rulemaking announcing agency . In the advance notice, EPA announced its intention to investigate lead-based paint hazards that may be created by renovations in and on such buildings to determine whether regulations should be issued.
The coalition stressed that EPA must consider its limited statutory scope and authority under the Toxic Substances Control Act (TSCA), and complete a congressionally-mandated study of RRP activities in commercial and public buildings, before proceeding with a rulemaking. The comments also urged that EPA take into account a variety of factors in any commercial lead rulemaking, including varying exposure patterns in different types of buildings, the limited use of lead paint since 1978, and potential impact on other national priorities (such as energy efficiency). In addition, the comments requested that EPA continue to engage and involve the stakeholder community throughout the rulemaking process, and to conduct a Small Business Advocacy Review Panel consistent with the Regulatory Flexibility Act to determine the economic impact on the substantial number of small entities that would be affected by the rule.
Based on the feedback received from stakeholders, EPA will determine whether to promulgate a rule by December 2011. If the agency does proceed with a rulemaking, EPA plans to have it finalized by July 2013, with implementation to begin on or before July 2014.
On June 14, 2010, ABC filed comments with the Civilian Agency Acquisition Council and Defense Acquisition Regulations Council (FAR Councils) in opposition to a proposal to implement Executive Order 13494 , which .
ABC addressed the chilling effect the rule would have on employer free speech (in clear violation of the National Labor Relations Act), citing Supreme Court precedent. The comments also described the substantially burdensome impact of the proposed rule on contractors that are heavily (or exclusively) involved in federal work. In addition, ABC raised practical recordkeeping/reporting concerns, and questioned the FAR Councils’ impact analysis (or lack thereof) for small businesses.
On May 18, 2010, ABC filed comments with the Department of Labor’s (DOL) Wage and Hour Division (WHD) in response to its proposal to implement Executive Order 13495 , which . ABC opposed the proposed rule due to the negative impact it would have on small businesses, particularly ABC members that operate small construction firms and are covered by the SCA when performing certain maintenance and other post-construction responsibilities.
ABC argued that the rulemaking should be withdrawn in its entirety due to statutory conflicts between DOL’s proposal and the SCA. In addition, ABC warned DOL that the proposal creates substantial inefficiencies in the federal procurement process, and strongly urged better flexibility for small businesses, should the rulemaking proceed.
On April 5, 2010, ABC filed comments with the Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) in opposition to its proposal to .
The form, part of the financial disclosure enhancements crafted and finalized by the Bush administration (and immediately targeted for rollback by organized labor and the Obama administration following the 2008 election), completed an open, public notice-and-comment rulemaking process, which OLMS has completely disregarded.
ABC urged OLMS to reexamine the existing rulemaking record for Form T-1, reverse its rescission proposal, and reinstate this financial disclosure requirement without delay.
Previously, ABC was on record in support of the trust disclosure form back in 2008.
On March 30, 2010, ABC filed comments with the Occupational Safety and Health Administration (OSHA) in response to the agency's proposal to .
ABC argued that OSHA should not promulgate its proposed rulemaking due to the safety and health community’s inability to sufficiently define MSDs, an umbrella category that includes many otherwise unrelated disorders. In addition, ABC argued that the lack of a workable definition and the subjective nature of MSD identification would impose undue time and financial burdens on employers (especially small businesses), who would be required to look at each potential case and determine whether a perceived MSD is work-related, pre-existing, etc. ABC suggested that erroneous and/or excessive reporting of MSDs will lead to misleading data that overemphasizes a perceived national MSD “crisis.” In addition, ABC made several administrative and procedural arguments against the manner in which OSHA issued the proposal.
In addition, a more comprehensive set of comments was filed by a coalition with 18 other employer groups (including ABC), in which the arguments contained in ABC's letter were expanded.
On December 29, 2009, ABC, in a coalition of national trade associations, filed comments with the U.S. Environmental Protection Agency (EPA), in response to the agency's . The comments noted that the construction industry would not be “an appropriate target for [EPA’s survey], because the industry is not responsible for funding, operating, or maintaining post-construction stormwater controls,” further adding that the site owner is the more appropriate ICR target. The comments requested that EPA withdraw its proposal, and questioned whether EPA has the appropriate authority under the Clean Water Act (CWA) to regulate post-construction stormwater discharges.
On February 26, 2010, ABC, in a coalition of national trade associations, filed comments with EPA, expressing concern with regulating post-construction stormwater runoff at the federal level. The coalition again questioned whether EPA has the appropriate authority under the CWA to regulate post-construction discharges. In addition the comments cautioned the EPA against taking a rigid, one-size-fits-all approach to stormwater control, citing the varied, localized nature of issue.
On November 23, 2009, ABC, together with the Independent Electrical Contractors (IEC), filed comments with the Equal Employment Opportunity Commission (EEOC) in response to a Sept. 23 proposed rule interpreting revisions to the Americans with Disabilities Act (ADA) required under the Amendments Act of 2008 (ADAAA).
ABC expressed its full support for the goal of providing equal employment opportunities for individuals with disabilities. However, ABC voiced several concerns about EEOC’s proposal as written.
The proposed rule would allow an impairment to qualify as a disability even if it lasts under six months if it “substantially limits” a major life function, such as work. However, ABC noted that a report by the House of U.S. House of Representatives’ Committee on Education and Labor assumed that the “substantially limits” requirements precluded conditions of six months or less.
With regard to cost analysis, the EEOC did not identify an economically significant impact on employers. ABC urged the EEOC to conduct a full and complete economic analysis, asserting that the current analysis grossly underestimates the costs of the proposed rule.
On September 2, 2009, ABC filed comments with the Department of Labor's (DOL) Office of Labor-Management Standards (OLMS) voicing strong opposition to a proposed regulation proposed implementing Executive Order 13496 , which . In addition to its opposition, ABC recommended a number of revisions to the proposed rule, including substantial revisions to the language of the notification.
Executive Order 13496, signed by President Obama Jan. 30, repealed existing Executive Order 13201, often referred to as the “Beck Order,” which required contractors to inform employees of their right to refuse to pay union dues that would be spent on earmarks for non-collective bargaining activities, including politics and lobbying.
On August 13, 2009, ABC filed comments with Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in response to a proposed rule to implement Executive Order 13502 , on federal construction projects via the Federal Aquisition Regulation (FAR).
ABC expressed serious concerns with the proposed regulation, particularly with its impact statement, the absence of any meaningful criteria for agencies to use in deciding whether to impose PLAs and the absence of any empirical justification for using PLAs on federal projects.
On June 22, 2009, ABC filed comments with the Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) in response to its proposal to .
In its comments, ABC noted that rescinding the rule before DOL has completed the review will make it difficult to reinstate the final rule if it is determined that it is needed. The comments also pointed out that DOL seems to be placing more emphasis on union autonomy instead of union transparency and has moved away from protecting the individual union members and the public despite House and Senate reports showing that corporate interests do not always coincide with or serve the interests of the members.
On June 22, 2009, ABC filed comments with the Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) in response to its proposal to further delay the final rule revising Form LM-2, used to track union finances and to police mismanagement and misappropriation of union funds.
In its comments, ABC noted that rescinding the rule before DOL has completed the review will make it difficult to reinstate the final rule if it is determined that it is needed. The comments also pointed out that DOL seems to be placing more emphasis on union autonomy instead of union transparency and has moved away from protecting the individual union members and the public despite House and Senate reports showing that corporate interests do not always coincide with or serve the interests of the members.
On May 1, 2009, ABC and a coalition of employer groups filed comments with the Equal Employment Opportunity Commission (EEOC) on a proposed rule , expressing overall support and offering suggestions on how to achieve the goals of the legislation without unnecessarily burdening employers.
On April 7, 2009, ABC filed comments with the Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) in response to a proposal to . ABC opposed the delay, and pointed out that the LM-2 rule has already been finalized, and that it clearly meets the Obama administration’s criteria for acceptable regulations. ABC maintains that the LM-2 rule is necessary for OLMS to carry out DOL’s statutory mandate to combat union-related corruption, as directed by the Labor-Management Reporting and Disclosure Act (LMRDA).
On March 5, 2009, ABC submitted comments with the Internal Revenue Service (IRS), in response to a proposed rule . The proposed regulations reflect changes in the law required by section 3402(t), which was added to the Code by the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA). In addition, on April 16, 2009, ABC testified at an informal public hearing regarding the proposal.
On February 26, 2009, ABC submitted comments to the Environmental Protection Agency (EPA), in response to proposed guidelines to . The agency is under court order to finalize a rulemaking by December 2009.
ABC reiterated its dedication to environmental responsibility and supported a reasonable approach to controlling stormwater runoff. ABC favored the continued use of erosion and sediment control best management practices (BMPs) to reduce pollutants in stormwater discharges, while opposing the mandated use of cost-prohibitive treatment and filtration systems. In addition, ABC urged EPA to identify causative factors other than jobsite size to determine when certain BMPs must be utilized, and suggested that a more thorough costing analysis be conducted before implementing a final rule.
On February 12, 2009, ABC filed comments with the Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) opposing the proposed implementation In addition to expanding the current LM-2, the rule would revoke the LM-3 filing privilege for smaller unions in instances when delinquent or erroneous reports have been submitted.
ABC urged OLMS to keep the original effective date of February 20 for the final rule, citing the need for thorough financial transparency, especially during the current economic crisis. ABC reiterated its support for both the LM-2 revision and for OLMS (DOL’s union corruption watchdog), which has secured more than 900 convictions and more than $91.5 million in recovered union funds and restitutions since 2001. ABC's maintains that the LM-2 rule does, in fact, meet OMB’s regulatory criteria, and should be implemented without delay.
On January 22, 2009, ABC filed comments with the Occupational Safety and Health Administration (OSHA), expressing general support for a proposed rule However, ABC disagreed with, and provided recommendations for, three specific proposals within the rule: regulation of “controlling entities”; broad operator certification requirements; and employer liability for non-compliance with the recommendations of equipment manufacturers. In addition, on March 18, 2009, ABC testified at an informal public hearing regarding the proposed OSHA rulemaking.
On November 19, 2008, ABC filed comments with the Department of Labor's (DOL) Wage and Hour Division (WHD), supporting a proposed rule that would revise regulations pertaining to the Davis-Bacon Act and the Copeland Anti-Kickback Act. In an effort to better protect the privacy of workers on construction contracts, the proposed rule would eliminate the requirement that workers' Social Security numbers and home addresses be provided on weekly payroll submissions.
On November 3, 2008, ABC filed comments with the Internal Revenue Service (IRS) expressing overall support for a proposed rule that reverses a long-standing agency position limiting how construction contractors can use the completed contract method (CCM) of accounting. In addition, on December 5, 2008, ABC Tax Advisory Group Chairman Rich Shavell testified at an informal hearing regarding the proposed IRS rulemaking .
ABC and the Construction Financial Management Association (CFMA) have been working on this issue since 2005 when they joined together to request that the IRS consider this issue through the agency’s Industry Issue Resolution (IIR) program.
On September 29, 2008, ABC filed comments with the Department of Labor (DOL) in response to a proposed rulemaking that would establish consistent procedures for conducting risk assessments in DOL’s health rulemakings. ABC supports DOL’s proposal, which would require public solicitation to request studies and scientific data to ensure that health regulations are formulated using the best information available. Additionally, the proposal would require the posting all relevant collected data online for public viewing. ABC believes that the proposed rule, if implemented, would provide consistency, reliability, and transparency in the Department’s risk assessment procedures, and would ensure that all interested parties and stakeholders have access to agency information.
ABC submitted comments to the Department of Homeland Security (DHS) on September 19, 2008, in response to a proposed rulemaking that would revise rules of the H-2B temporary worker visa program. ABC supported DHS’ efforts to streamline the current process in which employers are permitted to hire temporary, nonimmigrant labor; however, ABC echoed a number of concerns the Small Business Administration (SBA) expressed about potential cost impact on small businesses that DHS had not considered in the preparation of the proposed rule. In addition, ABC cited discrepancies between DHS’ proposed H-2B rulemaking and the May 22 proposed rule issued by the Department of Labor (DOL), and reiterated opposition to DOL’s proposal to require employers to first recruit workers through labor unions prior to being eligible for the H-2B program.
ABC submitted comments to the Occupational Safety and Health Administration (OSHA) on September 18, 2008, in response to a proposed rulemaking entitled, “Clarification of Remedy for Violation of Requirements to Provide PPE and Train Employees.” OSHA’s August 19 news release announced that the proposal was intended to go after “flagrant” violators, and while ABC conceptually agrees that the imposition of penalties on a per-employee basis may well be appropriate in the case of employers who demonstrate a “flagrant disregard for employee safety and health,” the proposed language did not go far enough to ensure that only the worst violators would be targeted if the rule were implemented as written.
In addition, on October 6, 2008, ABC testified during an informal hearing at the Occupational Safety and Health Administration (OSHA), cautioning agency officials about the potential problems that could arise from the agency’s proposed rule that would allow employers to be held liable on a per-employee basis for failing to provide the proper personal protective equipment and training to workers.
ABC filed comments with the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council on August 11, 2008, regarding a proposed rulemaking on employment eligibility verification. The proposal seeks to amend the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the U.S. Citizenship and Immigration Services' (USCIS) E-Verify system as the means of verifying that certain of their employees are eligible to work in the United States.
ABC filed comments with the Department of Labor's (DOL) Employment Standards Administration (ESA) on July 11, 2008, in response to proposed revisions to labor organization financial reporting. In the notice, OLMS stated that the new LM-2 forms are intended to clarify reporting and require unions to itemize receipts. The proposed rulealso establishes a procedure by which DOL may revoke labor organizations' privileges to file simplified annual reports, known as LM-3s, in instances where filers submit "materially deficient" or delinquent reports.
This proposal is part of the DOL's continuing effort to better effectuate the reporting requirements of the Labor-Management Reporting and Disclosure Act (LMRDA) .
ABC filed comments with the U.S. Department of Labor's (DOL) Employment Training Administration (ETA) on July 7, 2008 regarding a proposal to change procedures for the issuance of labor certifications issued in connection with H-2B work visas for non-immigrants admitted to perform temporary nonagricultural labor or services. The proposal also outlined procedures for penalizing employers who fail to meet the requirements of the H-2B Program.
ABC filed comments with the U.S. Department of Labor's (DOL) Employment Training Administration (ETA) on July 7, 2008 regarding a proposal to change procedures for the issuance of labor certifications issued in connection with H-2B work visas for non-immigrants admitted to perform temporary nonagricultural labor or services. The proposal also outlined procedures for penalizing employers who fail to meet the requirements of the H-2B Program.
ABC filed comments with the U.S. Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) on May 23, 3008, regarding a proposal to revise mandatory training requirements for entry-level operators of commercial motor vehicles (CMVs) in interstate operations who are required to possess a commercial driver's license (CDL).
ABC filed comments with the U.S. Department of Treasury and the Internal Revenue Service (IRS) on May 14, 2008, with recommendations for implementing section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA).
Section 511 requires that three percent be withheld from government contractors on all payments for goods and services made to federal, state and local government where the total expenditure is more than $100 million. The law is scheduled to go into effect on January 1, 2011.
ABC filed comments with the Department of Labor's (DOL) Employment Standards Administration (ESA) on May 5, 2008, in response to the proposed implementation of Form T-1. The new form is intended to capture financial information pertinent to "trusts in which a labor organization is interested," information that historically has gone largely unreported despite trusts' significant effect on labor organization financial operations and their members' own interests.
ABC filed comments with the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) on April 25, 2008, in response to the supplemental proposed rulemaking regarding safe-harbor procedures for employers who receive a "no-match" letter.
ABC filed comments with the Employment Standards Administration (ESA), Wage and Hour Division, on April 11, 2008. As a member of the National Coalition to Protect Family Leave, ABC generally supported the comments of the coalition in its own submission, and also raised concerns specific to ABC members.
ABC filed comments with the Department of Labor (DOL) and the Employment and Training Administration (ETA) on March 12, 2008, in response to the proposed rulemaking regarding apprenticeship programs.
ABC filed comments with the Occupational Safety and Health Administration (OSHA) on February 28, 2008, in response to the agency's proposed standard regarding confined spaces in construction.
In addition,
Craig Shaffer, a member of ABC’s National Safety, Health and Environmental Committee and president of SafetyWorks, Inc., testified at an informal hearing on the Occupational Safety and Health Administration’s (OSHA) proposed rule on confined spaces in the construction industry on July 23, 2008.
ABC filed comments with the Small Business Administration (SBA) on February 25, 2008, in response to the agency's proposal to amend its regulations governing small business contracting procedures for
Women-Owned Small Business Concerns, as authorized under the Small Business Act. Comments were submitted jointly by ABC and Women Construction Owners & Executives, USA (WCOE).
ABC filed comments with the Department of Labor’s (DOL) Bureau of Labor Statistics (BLS) on December 3, 2007, in response to the proposed extension of the “Census of Fatal Occupational Injuries Report.”
ABC filed comments with the Department of Labor (DOL) and the Employment Standards Administration (ESA) on October 12, 2007, and October, 29, 2007, respectively. The comments were in response to DOL’s public comment request regarding the Report of Construction Contractor's Wages Form (WD-10), and were jointly-submitted by ABC, Women Construction Owners & Executives, USA (WCOE), and the National Association of Minority Contractors (NAMC).