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The U.S. Environmental Protection Agency and the U.S. Department of the Army announced plans to host a public hearing on the new “Waters of the United States" proposed rule in Kansas City, Kansas, Feb. 27-28. The hearing was previously scheduled for Jan. 23 but was postponed due to the lapse in appropriations at the EPA. 

On Jan. 31, President Trump signed an executive order, “Strengthening Buy-American Preferences for Infrastructure Projects,” which expands the administration’s preferences for American products in federal procurements and federal financial assistance awards on critical infrastructure projects.

On Jan. 28, ABC submitted comments on the National Labor Relations Board’s joint employer proposal, which would establish an updated standard for determining joint-employer liability under the National Labor Relations Act. Additionally, the ABC-led Coalition for a Democratic Workplace submitted comments in support of the NLRB’s proposal.

On Jan. 25, OSHA issued the Tracking of Workplace Injuries and Illnesses final rule, which eliminates the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA annually.

Employers covered by the Occupational Safety and Health Administration’s recordkeeping rule are required to post their 2018 OSHA Form 300A work-related injury and illness log summaries in an area where notices to employees are typically posted from Feb. 1 through April 30. The form must be posted in a visible spot at each covered establishment.

On Jan. 18, the Treasury Department and the Internal Revenue Service issued final regulations and three related pieces of guidance implementing the new qualified business income deduction (also known as the section 199A deduction). The new 20 percent deduction for pass-through entities was created by the ABC-supported Tax Cuts and Jobs Act.

OSHA’s Electronic Injury Reporting and Anti-Retaliation final rule requires certain establishments to electronically submit information from their OSHA Form 300A for calendar year 2018 by March 2. Information on how to electronically submit the OSHA Form 300A can be found on OSHA’s Injury Tracking Application website.

On Dec. 21, ABC submitted comments to the U.S. Department of Labor’s Employee Benefits Security Administration in support of its proposed rule to allow small and mid-sized businesses to band together and offer 401(k) plans to their employees through association retirement plans.

On Dec. 28, 2018, the D.C. Circuit Court of Appeals ruled in the 2015 Browning-Ferris Industries v. National Labor Relations Board case, which greatly expanded joint employer liability under the National Labor Relations Act. The divided court upheld portions of the Obama-era standard for determining “joint employer” status and remanded the case back to the NLRB for further consideration.

On Dec. 11, the U.S. Environmental Protection Agency and U.S. Army Corps and Engineers jointly issued a proposal to revise the definition of “waters of the United States” to clarify federal authority under the Clean Water Act. The proposed rule seeks to provide businesses and landowners with clear definitions of what are and what are not ‘navigable waters.’ ABC President and CEO Michael Bellaman attended the signing ceremony for the rulemaking at the U.S. EPA.