Newsline

Survey on President Biden’s PLA Mandate Policy Closes Sept. 23

An important survey of ABC contractor members seeking to gauge opinions and experiences with government-mandated project labor agreements closes this week. It is vital that as many ABC members as possible respond to the survey before the deadline. Member feedback will provide essential support for ABC’s comments opposing the Biden administration’s harmful proposed rule that requires PLAs on all federal contracts of $35 million or more.

Nine of BD+C's Top 10 Hospitality Contractors Are ABC Members

Nine of 10 Build Design + Construction’s recently published list of the 90 best hospitality sector contractors and construction management firms are ABC members. These successful contractors were ranked based on 2021 revenue.

NCC Wins 2022 Spirit of ECC Award

ABC’s National Craft Championships won the Spirit of EEC Award during the Engineering and Construction Contracting Association’s Perspectives Conference on Sept. 8 in San Antonio. ABC national chair-elect Milton Graugnard; NCC Chair Bill Lastinger; retired NCC Committee member Mike Stilley; Brandon Mabile, 2020 Young Professional of the Year and businesses development manager at Performance Contractors; and NCC director Jarrell Jackson accepted the award at the conference.  

OSHA Updates Severe Violator Enforcement Program

On Sept. 15, the U.S. Department of Labor’s Occupational Safety and Health Administration announced it had expanded its Severe Violator Enforcement Program to include all hazards and OSHA standards and focus on repeat offenders in all industries.

OFCCP Extends Deadline to Oct. 19 for Contractors to Object to the Disclosure of EEO-1 Reports

On Sept. 15, the Office of Federal Contract Compliance Programs announced that it was extending the deadline for federal contractors to submit written objections to the disclosure of EEO-1 reports from Sept. 19 to Oct. 19. On Aug. 19, the OFCCP published a notice in the Federal Register to inform federal contractors of a Freedom of Information Act request that seeks all Type 2 Consolidated EEO-1 report demographic data (or “Component 1” EEO-1 reports) submitted by federal contractors and first-tier subcontractors from 2016 to 2020. According to the OFCCP, Will Evans from the Center for Investigative Reporting submitted the FOIA request. 

California Targets Workplace Cannabis Testing

On Sept. 19, California Gov. Gavin Newsom signed Assembly Bill 2188 into law, enacting restrictions effective Jan. 1, 2024, on employers’ use of cannabis metabolite testing to penalize existing employees and candidates for employment. AB 2188 lends definition to an emerging nationwide landscape of adjustments in state employment regulation to increasingly permissive medical and recreational cannabis laws.

Take the Survey: ABC Extends Deadline for Survey on President Biden’s PLA Mandate Policy to Sept. 23

ABC has extended the deadline of an important survey of contractor members that seeks to gauge their opinions and experiences with government-mandated project labor agreements. The deadline has been extended due to the need for as many members as possible to respond to the survey. This feedback will be critical to providing effective, informed comments opposing the Biden administration’s harmful proposed rule that requires PLAs on all federal contracts of $35 million or more.

The Federal Acquisition Regulations Council’s proposed rule aligns with President Biden’s Executive Order 14063. Comments on the proposed rule must be received by Oct. 18.

ABC distributed the survey on Sept. 7. Please email Michael Altman at [email protected] to receive the survey link or if you have any questions. The survey will close at 5 p.m. ET on Sept. 23.

DOC Releases CHIPS Act Implementation Strategy Including Davis-Bacon Construction Wage Requirements

The law will be implemented through a new Chips for America program established at the DOC, with funding documents to be released by February 2023. The plan includes significant funding for the construction and expansion of manufacturing facilities dedicated to the production, testing and assembly of semiconductors. The plan notes that Davis-Bacon prevailing wage requirements will apply to all CHIPS-funded construction projects. ABC opposed the inclusion of prevailing wage requirements in semiconductor legislation through letters, action alerts and advocacy to Congress, and will continue to oppose the expansion of unnecessarily costly and burdensome Davis-Bacon requirements.

All of BDC's Top 10 School Contractors Are ABC Members

The top ten in Building Design & Construction’s recently published list of the 100 best K-12 school contractors and construction management firms are all ABC members. These successful contractors were ranked based on 2021 revenue. 

Comments on New NLRB Joint Employer Rule Are Due by Nov. 7

On Sept. 6, the NLRB announced a new joint employer proposed rule, which would rescind and replace the ABC-supported 2020 final rule on Joint Employer Status Under the National Labor Relations Act. ABC plans to submit comments opposing the new proposal, and members are encouraged to do so as well. The deadline for the public to comment is Nov. 7.

Take the Survey: ABC Needs Your Input on President Biden’s PLA Mandate by Sept. 16

ABC is conducting an important survey of contractor members to gauge opinions and experiences with government-mandated project labor agreements. Ensuring as many members as possible respond to this survey will be vital to providing effective, informed comments opposing a harmful proposed rule that requires PLAs on all federal contracts over $35 million.

DOT Issues Proposed Buy America Waiver for Electric Vehicle Charging Stations

On Aug. 31, the Department of Transportation’s Federal Highway Administration released a proposed waiver of Buy America requirements for the construction of electric vehicle chargers receiving federal assistance.

GSA Final Rule Allows Union Organizing of Contractors on Federal Property

On Sept. 2, the General Services Administration issued a final rule to allow unions access to federal property for the purpose of soliciting membership from the employees of federal contractors. Previously, these activities were barred by a general prohibition on soliciting, posting and distributing materials in or on federal property controlled by the GSA.

ABC Responds to Biden Administration Apprenticeship Ambassador Initiative

Associated Builders and Contractors responded to the Biden Administration’s launch of the Apprenticeship Ambassador Initiative, saying that while raising awareness about apprenticeship is commendable, the promotion of only government-registered apprenticeships is not.

Action Alert for Federal Contractors: OFCCP Plans to Disclose Confidential Employer EEO-1 Data

On Aug. 19, the Office of Federal Contract Compliance Programs published a notice in the Federal Register to inform federal contractors of a Freedom of Information Act request that seeks all Type 2 Consolidated EEO-1 report demographic data (or “Component 1” EEO-1 reports) submitted by federal contractors and first-tier subcontractors from 2016 to 2020. According to the OFCCP, Will Evans from the Center for Investigative Reporting submitted the FOIA request. Contractors have until Sept. 19 to submit written objections to the disclosure of their EEO-1 reports.

ABC Celebrates Appeals Court Decision That Exempts ABC Members From Federal COVID-19 Vaccine Mandate

On Aug. 26, the U.S. Court of Appeals for the 11th Circuit issued its long-awaited decision on the federal contractor COVID-19 vaccine mandate case. In a major victory for ABC and its members, the 11th Circuit’s decision narrowed the December 2021 nationwide preliminary injunction granted by the Georgia District Court to only ABC members who bid on federal contracts and the state plaintiffs in the case. The 2021 injunction was a direct result of ABC intervening as the lone business group challenging the federal contractor vaccine mandate, along with the seven plaintiff state governments.

Trades Day: Industry Outreach Opportunity With Meaning

ACE Mentor Program of America is offering a chance to do just that with their Trades Day events. Trades Day is meant to excite and introduce students to a variety of construction and building trades by giving them access to real-life, hands-on, interactive trade stations. The purpose of Trades Day is to introduce students to trades to expose them to the entire industry, not just a part of it.

OFCCP to Launch Construction Contract Award Portal and Hold Related Webinar

The Office of Federal Contract Compliance Programs recently announced the launch of a new online platform aimed at modernizing how the agency receives notices about construction contract and subcontract awards. The Notification of Construction Contract Award Portal will launch Aug. 26.

ABC: President Biden’s Inflationary PLA Schemes Hurt Taxpayers and Construction Job Creators

ABC condemned an Aug. 19 proposed rule, Federal Acquisition Regulation: Use of Project Labor Agreements for Federal Construction Projects, which requires federal construction contracts of $35 million or more to be subjected to controversial project labor agreements, saying it will result in the award of construction contracts to powerful special interests at the expense of hard-working taxpayers and limit fair and open competition in government contracting.

ABC Opposes Union Labor Requirements on Electric Vehicle Charging Station Installation

On Aug. 22, ABC submitted comments to the U.S. Department of Transportation in opposition to union labor requirements included in a proposed rule establishing the National Electric Vehicle Infrastructure Formula Program.

ABC Urges DOL to Withdraw Rule on Nondisplacement of Qualified Workers Under Service Contracts

On Aug. 15, ABC submitted comments to the U.S. Department of Labor identifying a number of concerns with its proposed rule on Nondisplacement of Qualified Workers Under Service Contracts, which would implement Executive Order 14055. Issued on Nov. 18, 2021, by President Biden, the EO requires that federal agencies include a clause about nondisplacement of workers in solicitations and contracts for projects covered by the McNamara-O’Hara Service Contract Act of 1965. The required clause states that successor contractors and subcontractors who win a bid for covered work must offer qualified employees employed under the predecessor contract a right of first refusal of employment under the successor contract.

NCCER Announces Nationwide Expansion of Free Career Exploration Website

Through its Build Your Future initiative, NCCER is expanding its career exploration tool, CareerStarter, to provide direct connections between entry-level job seekers, local training programs and employers.  

Member Comments Needed on FWHA’s Union Labor Requirements for Electric Vehicle Charging Station Installation

The comment deadline for the Federal Highway Administration’s June 22 proposed rule for the National Electrical Vehicle Infrastructure Formula Program is Aug. 22. The proposed rule would require contractors to use government-registered apprentices and the controversial union-backed Electric Vehicle Industry Training Program.

ABC Supports Proposed Buy America Waivers

On Aug. 15, ABC submitted comments to the U.S. Environmental Protection Agency in support of its proposed Small Projects and De Minimis General Applicability Waivers for Buy America requirements.

ABC Criticizes Proposed Changes to Davis-Bacon Survey Form

On Aug. 15, ABC submitted comments on the U.S. Department of Labor Wage and Hour Division’s notice of a proposed revision to the Information Collection Request, titled “Report of Construction Contractor’s Wage Rates.” This ICR governs the WD-10 form used in wage surveys to determine the prevailing wage rate under Davis-Bacon and Related Acts requirements.

Democrats’ Reconciliation Package Is Signed Into Law With ABC-Opposed Wage, Labor Mandates

The controversial, $740 billion partisan budget reconciliation package, the Inflation Reduction Act of 2022, was signed into law by President Biden August 16 with new prevailing wage and registered apprenticeship mandates on private clean energy construction.

ABC-Opposed Reconciliation Package Passes Senate, House Approval Expected Later This Week

Democrats passed their $740 billion reconciliation package, the Inflation Reduction Act, on Sunday, Aug. 8, by a 51-50 vote with Vice President Kamala Harris casting the deciding, tie-breaking vote. The bill is now set to pass the House later this week and be signed into law by the president, giving Democrats a key victory and Republicans critical fodder for attack ads as they head into the midterm elections.

ABC Supports Resolution to Preserve Critical Permitting Reforms

On Aug. 2, ABC issued a statement of support for S.J.Res.55, a Congressional Review Act resolution introduced by Sen. Dan Sullivan, R-Alaska, to overturn the Biden administration’s final rule revising National Environmental Policy Act regulations. The new Biden rule reverses efforts by the Trump administration to update and streamline the federal environmental review and permitting process, leading to delays and increased costs for critical infrastructure projects.

DOT Issues Proposed Rule Revising Disadvantaged Business Program

On July 21, the U.S. Department of Transportation published a proposed rule to update its Disadvantaged Business Enterprise program, which assists small businesses owned by socially and economically disadvantaged individuals in competing for DOT contracts. The stated purpose of the proposed rule is to modernize and strengthen the DBE program to ensure qualifying businesses are able to compete for the increased federal transportation funding provided by the Infrastructure Investment and Jobs Act.

DOT Requests Feedback on Buy America Implementation

On July 28 , the U.S. Department of Transportation published a request for information on how new “Buy America” requirements for construction materials on federally assisted projects should be implemented. Enacted in November 2021, the $1.2 trillion Infrastructure Investment and Jobs Act expanded and made significant changes to Buy America requirements for federally funded infrastructure projects.

ABC Meets With OMB and DOL Staff to Express Concerns About Independent Contractor Proposal

The U.S. Department of Labor’s Wage and Hour Division’s proposed rule on independent contractors under the Fair Labor Standards Act is currently under review at the Office of Information and Regulatory Affairs at the Office of Management and Budget and the content of the proposal has not been made public. The review at OIRA is usually the final step in the process before a rule is officially published in the Federal Register.

Analysis: Democrats’ “Inflation Reduction Act” Is a Reckless Tax-and-Spend Bill

ABC opposes Democrats’ partisan reconciliation package, which would raise taxes in an economy pointed toward recession, exacerbate inflation and cost American jobs. New, restrictive labor policies included in the most recent proposal make the package even more damaging.

ABC Gears Up for Careers in Construction Month—Proclaim Careers in Construction Month Today

ABC is gearing up for Careers in Construction Month in October, a nationwide campaign held annually to increase public awareness of construction careers and inspire the next generation of craft professionals.

Biden’s Federal Construction PLA Mandate Rulemaking Imminent

The Biden administration’s controversial rule requiring anti-competitive and costly government-mandated project labor agreements on federal construction projects of $35 million or more is one step closer to being published in the Federal Register for public comments.

Share OSHA’s ‘Suicide Prevention: 5 Things You Should Know’ With Your Workforce

The Occupational Safety and Health Administration recently issued an updated suicide prevention poster that you can customize with your logo and post in the workplace. Everyone can help prevent suicide. Do your part to raise awareness of the warning signs of suicide and how to get help if a colleague is in crisis.

Spread the Word: The National 988 Suicide Lifeline Has Launched

There’s a brand-new 988 Suicide & Crisis Lifeline for anyone experiencing a mental health crisis. The 988 lifeline connects callers to an existing network of more than 200 local crisis call centers across the United States, and the National Suicide Prevention Lifeline’s number—1 (800) 273-8255—will route calls to 988. The goal is to aid those seeking help through safe, immediate intervention, similar to the 911 hotline for emergencies. 

ABC Welcomes New Beam Club Presidential Level Member Bill Brown

ABC has added Greater Houston Chapter member Bill Brown of Austin Commercial to the Beam Club Presidential Level.

ABC-Backed Amendment to Transportation Bill Fails

In a letter to U.S. House Representatives, ABC urged members to support an amendment to the House appropriations bill (H.R. 8294) that would prevent the use of federal funds to support flawed, inflationary Davis-Bacon prevailing wage requirements. The amendment failed by a vote of 165-264.

ABC Expresses Concerns to DOL About H-2B Visa Rule Requiring AFL-CIO Notification

On July 18, ABC submitted comments on the U.S. Department of Labor and U.S. Department of Homeland Security’s temporary rule on H-2B visas, authorizing 35,000 supplemental temporary work visas for hiring through Sept. 30.

DOL Announces Enhanced Nationwide Enforcement After Alarming Rise in Trench-Related Fatalities

According to a recent press release from the U.S. Department of Labor’s Occupational Safety and Health Administration, 22 workers have died in the first half of 2022 as a result of the hazards present in trenching and excavation work, prompting OSHA to launch enhanced enforcement initiatives to protect workers. In keeping with its National Emphasis Program for excavations, OSHA compliance officers will perform more than 1,000 trench inspections nationwide where they may visit and inspect any excavation site during their daily duties.

OSHA Updates Heat Illness, Mental Health, Trench Compliance Resources

On July 13, the U.S. Department of Labor’s Occupational Safety and Health Administration issued its quarterly update on compliance assistance resources. 

New CDW Report Criticizes Electronic Voting in Union Elections

On July 12, the ABC-led Coalition for a Democratic Workplace issued a new report criticizing unions’ newest efforts to implement electronic voting in union representation elections.

ABC Chapters Among DOL’s First Group of Apprenticeship Ambassadorships

The U.S. Department of Labor announced on July 12 the selection of the initial cohort of 207 officials and organizations chosen to serve as Apprenticeship Ambassadors to share their experiences and collaborate with the department to champion apprenticeship opportunities. ABC’s Virginia, New Mexico and Pacific Northwest chapters were among those selected.

Download the New ABC Action App Today!

ABC recently launched the updated ABC Action app, an advanced advocacy tool that enables members to become a vital part of ABC's grassroots advocacy efforts and allows you to make your voice heard.

Action Alert: Oppose Democrats’ Reckless Tax and Spend Bill

ABC sent an action alert on to members July 11 urging them to oppose to Democrats’ proposal to impose a new tax hike on small businesses in their partisan reconciliation bill.

ABC Members Explore Impact of Construction Technology at Chapter Events

ABC chapters across the country recently hosted events to educate members on the value of construction technology both on and off the jobsite. ABC’s Tech Alliance and Tech Marketplace members were featured speakers at these events.

ABC Urges OSHA to Withdraw Its Improve Tracking of Workplace Injuries and Illnesses Proposal

On June 30, ABC submitted comments on the U.S. Department of Labor’s Occupational Safety and Health Administration’s proposed amendments to its occupational injury and illness recordkeeping regulation and urged the agency to withdraw the harmful rule.

Biden Administration Releases Spring 2022 Regulatory Agenda

On June 21, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish this year and into 2023. ABC has prepared a summary of the actions of interest to ABC members by agency. 

DOL Proposes Changes to Davis-Bacon Wage Survey Forms

On June 15, the U.S. Department of Labor’s Wage and Hour Division published a notice of a proposed revision to the Information Collection Request titled, “Report of Construction Contractor’s Wage Rates.” This ICR governs the WD-10 form used in wage surveys to determine the prevailing wage rate under Davis-Bacon and Related Acts requirements. The WHD’s stated goal of the revision is to streamline the wage survey process and increase response rates.

DOL Hosts Third Annual Virtual Prevailing Wage Seminar

The U.S. Department of Labor’s Wage and Hour Division will host sessions for its third annual virtual Prevailing Wage Seminar on Tuesday, September 13, from 1:30-3:30 p.m. ET, which will include a question-and-answer session focused on Davis-Bacon topics. Registration for the sessions is now open on the WHD’s website.