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On Oct. 26, 2023, the National Labor Relations Board issued its final rule on Joint Employer Status Under the National Labor Relations Act. Effective Dec. 26, the final rule takes an ax to the ABC-supported 2020 NLRB joint employer final rule, which provided clear criteria for companies to apply when determining status. ABC will explore all options to push back on this harmful final rule, including possible litigation.
On Oct. 23, the U.S. Department of Labor’s final rule, Updating the Davis-Bacon and Related Acts Regulations, officially took effect. The regulation imposes drastic revisions to previous rules regarding government-determined prevailing wage rates that must be paid to construction workers on federal and federally assisted construction projects funded by taxpayers.
A survey of ABC contractor members conducted in October 2023 showed that 98% of respondents said controversial prevailing wage and government-registered apprenticeship policies imposed by the Inflation Reduction Act will make them less likely to bid on clean energy projects. The survey gauged ABC members’ responses to a proposed rule issued by the Internal Revenue Service on Aug. 29 that would implement these requirements.
On Oct. 16, the U.S. Department of Labor’s Occupational Safety and Health Administration issued an extension of the comment period for its Worker Walkaround Representative Designation Process proposed rule, which would allow an employee to choose a third-party representative, such as an outside union representative, to accompany an OSHA inspector into nonunion facilities. OSHA extended the comment period from Oct. 30 to Nov. 13. On Sept. 21, ABC, as a steering committee member of the Coalition for Workplace Safety, wrote to OSHA requesting a 60-day extension. ABC will submit comments in opposition to the rule and ABC members are also encouraged to submit comments on regulations.gov.
The Partnership to Protect Workplace Opportunity, of which ABC is a steering committee member, created a grassroots toolkit for members to respond to the U.S. Department of Labor’s new overtime proposed rule. The grassroots portal allows you to send model comments directly to the DOL as well as a model letter to your senators and representative in Congress opposing the new proposed rule. The deadline to submit comments is no later than Nov. 7.
ABC has now launched the CHIPS Act—Resources and Guidance for Contractors webpage to assist contractors in competing for projects utilizing the nearly $50 billion in direct federal funding and additional tax credits in support of restoring U.S. leadership in semiconductor manufacturing and improving the semiconductor supply chain.
On Sept. 26, ABC, as a steering committee member of the Coalition for Workplace Safety, and 40 other employer organizations sent a letter to the U.S. House Education and the Workforce Committee’s Subcommittee on Workforce Protections calling out the U.S. Department of Labor’s Occupational Safety and Health Administration for its Worker Walkaround Representative Designation Process proposed rulemaking and the politicization of the agency that the rulemaking exemplifies. The proposed rule would allow an employee to choose a third-party representative, such as an outside union representative, to accompany an OSHA inspector into nonunion facilities.
ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency.
On Sept. 29, ABC submitted comments with a coalition of industry stakeholders to the Council on Environmental Quality in response to a proposed rule regarding Phase 2 of revisions to the National Environmental Policy Act implementing regulations. The proposal would make wide-ranging changes that will add unnecessarily burdensome and costly provisions to the federal environmental review and permitting process.
On Sept. 25, the U.S. Department of Labor’s Occupational Safety and Health Administration announced a new initiative, the Respirable Crystalline Silica Focused Inspection Initiative in the Engineered Stone Fabrication and Installation Industries. The initiative supplements OSHA’s current National Emphasis Program for Respirable Crystalline Silica and prioritizes federal OSHA inspections in workplaces where workers are typically exposed to high levels of silica, Cut Stone and Stone Product Manufacturing (NAICS Code 327991) and Brick, Stone and Related Construction Material Merchant Wholesalers (NAICS Code 423320).