On Sept. 24, the U.S. Senate Committee on Health, Education, Labor and Pensions voted 12-11 to advance the nomination of Eugene Scalia to serve as the secretary of labor. The nomination will move to the full Senate for a final confirmation vote.

Scalia is currently a partner at Gibson, Dunn & Crutcher in Washington, D.C., where he co-chairs the firm’s Administrative Law and Regulatory Practice Group and previously co-chaired the Labor and Employment Practice Group for 12 years. Additionally, Scalia served as solicitor of DOL under President George W. Bush’s administration from 2002-2003, special assistant to Attorney General William P. Barr during the George H.W. Bush Administration from 1992-1993, and as a speechwriter for Secretary of Education Bill Bennett from 1985-1987 during the Reagan administration.

President Trump nominated Scalia, who would replace former Secretary of Labor Alexander Acosta, to head the Department of Labor on Sept. 11. On Sept. 19, the Senate HELP Committee held a confirmation hearing on Scalia’s nomination.

ABC sent a letter of support before the Sept. 19 hearing to HELP Committee Chairman Sen. Lamar Alexander (R-Tenn.) and Ranking Member Sen. Patty Murray (D-Wash.) urging the Senate HELP Committee for a fair, thorough hearing and for the swift approval of his nomination.

On Sept. 12, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers signed the final rule rescinding the 2015 final Clean Water Rule: Definition of "Waters of the United States," also known as the WOTUS final rule. ABC President and CEO Michael Bellaman attended the signing ceremony for the rulemaking.

According to an EPA press release, this final rule completes the first in a two-step rulemaking process to define the scope of “waters of the United States” that are regulated under the Clean Water Act. With this final repeal, the agencies will implement the pre-2015 regulations, which are currently in place in more than half of the states.

As part of the second step, EPA and the Corps announced a proposal in December 2018 that would provide a clear definition of the difference between federally regulated waterways and those waters that rightfully remain solely under state authority. The final rule for this regulation is expected to be issued in December 2019.

These rulemakings came at the direction of President Trump’s Executive Order 13778, Restoring the Rule of Law, Federalism and Economic Growth by Reviewing the “Waters of the United States” Rule, which states that the WOTUS final rule should be reviewed in order to protect American waterways from pollutants in the most economical way.

The final rule will go into effect on Dec. 23. More information on the final rule can be found on the EPA website.

ABC has long been a vocal opponent of the Obama-era WOTUS rule since it was first proposed in April 2014 and submitted comments on EPA and the Corps’ proposals on step one and step two of the WOTUS rulemaking, stating its continued commitment to work with the agencies and ensure the clearest possible regulations so that its members have the information they need to comply with the law. Additionally, ABC filed comments as a member of the Waters Advocacy Coalition.   

The Hitt family of HITT Contracting, a member of ABC of Virginia,  recently donated a $16 million gift to the Act on Addiction campaign, a program launched by Inova Health System that fuels awareness, combats stigma and provides resources for those suffering from substance abuse in the Northern Virginia area. There are nearly 20 million American adults who suffer from addiction, and a recent survey says that approximately half of adults do not know how to help someone in need of treatment or support.

“While these statistics are startling, each number represents the life of an individual, a friend, a family and a neighbor in our community,” says Brett Hitt, co-chairman of HITT Construction. “We are honored to play a role in supporting Inova Heath Foundation in this mission to raise awareness about the dangers of addiction.”

For more on the Act on Addiction campaign, click here.

Check out media coverage of the Hitt family's donation here. 

In light of a recent court decision, certain employers will be required for the first time to submit detailed data on employee compensation and hours worked (or Component 2 data) for calendar years 2017 and 2018 to the U.S. Equal Employment Opportunity Commission as part of their annual EEO-1 form submission by Sept. 30, 2019.

According to the EEOC’s FAQs, employers, including federal contractors, are required to submit Component 2 compensation data for 2017 if they had 100 or more employees during the 2017 workforce snapshot period. Additionally, employers, including federal contractors, are required to submit Component 2 compensation data for 2018 if they had 100 or more employees during the 2018 workforce snapshot period. Information about the workforce snapshot period can be found in the FAQs.

On July 15, the EEOC opened the online portal for the collection of data on pay and hours worked (or Component 2 data) for calendar years 2017 and 2018. In addition to the online portal, a data file upload function and validation process is now available, which serves as an alternative data collection method for employers who prefer to utilize data file upload capability. Information regarding the data file upload function is available at https://eeoccomp2.norc.org.

The EEOC also recently added to the website additional resources for employers, including a sample data collection form, an instruction booklet for filers, upload file specifications, upload file validation process, a fact sheet, reference documents and a Frequently Asked Questions page.

Additionally, the website lists help desk information to offer filers additional support. Interested parties can contact the help desk by phone at (877) 324-6214 or by emailing [email protected].

NOTE:  The submission of Component 2 data was initiated during the Obama administration. However, under the Trump administration, OMB blocked the EEOC from requiring employers to submit any compensation data. In March 2019, the D.C. District Court ordered the OMB stay to be vacated. Over the last few months, ABC has been active in efforts to reverse the court’s March decision or, at minimum, extend the time period for employers to comply with any new Component 2 pay data requirement.

This article is intended for informational purposes only and does not constitute legal advice or opinion.

On Tuesday, Sept. 10, Republican special election candidates Greg Murphy and Dan Bishop won their highly anticipated respective congressional campaigns in North Carolina.

Murphy, a urologist and state representative from Greenville, won over former Greenville Mayor Allen Thomas (D) to replace the late Congressman Walter Jones (R-N.C.-3) who passed away last February.  

In North Carolina’s 9^th District, State Sen. Dan Bishop (R) beat 2018 Democratic candidate Dan McCready, filling the seat that has remained vacant since the 2018 election result was never certified due to voter fraud allegations. Bishop won the highly competitive race by less than 4,000 votes.

Now that these two special elections are over, all 435 seats of the House are filled for the first time in this Congress.

September is Suicide Prevention Month. According to the Centers for Disease Control and Prevention, the construction industry has the highest rate of suicide, as well as the highest number of suicides among all industries. This is a public health crisis, and ABC is committed to doing better for our workforce and their families.

In 2016, the Construction Financial Management Association established the Construction Industry Alliance for Suicide Prevention. Now counting more than 75 industry organizations as members, including ABC, it is our goal to reduce suicide risk across the construction industry, equipping companies to better address mental health issues and promoting the safety and wellbeing of construction’s most important asset—our people.

For more information or to find help for someone at risk, please visit preventconstructionsuicide.com.

Apply for STEP, AQC by Nov. 1 To Be Eligible for ABC’s 2020 Top Performers^SM Ranking

What defines the best of the best? ABC’s Top Performers lists—the only rankings of their kind—recognize member contractors’ achievements in safety, quality, diversity, project excellence and special designations, ranked by work hours. You must achieve STEP Gold or higher and earn the Accredited Quality Contractor designation to qualify—applications are due by Nov. 1 for consideration in the rankings.

In addition, members should update their profile on FindContractors.com to ensure any special designations are noted in the Top Performers rankings. Read on for more information on how to attain each of these qualifications. 

ABC’s STEP Safety Management System
Every ABC member wants to send its workers home safely every night. Take the first step towards achieving world-class safety by participating in STEP, whether you are beginning your safety journey or continuing to strengthen your performance. Top-performing STEP participants are 680% safer than the U.S. Bureau of Labor Statistics industry average. Getting started with STEP is free, and it can help you lower your workers compensation insurance rates. Visit abc.org/step or email [email protected] for more information.

ABC’s Accredited Quality Contractor Designation 
Is your company AQC material? AQC members demonstrate their commitment to financial fitness, world-class safety, workforce development, talent management, diversity and inclusion, the highest levels of quality construction and the betterment of the communities in which they work. If your company excels in these areas, you too can earn the AQC accreditation, which is recognized by the Construction Users Roundtable. For more information, visit abc.org/aqc or email Jake Reedy at [email protected].

FindContractors.com
Be sure your profile is up to date in FindContractors.com to have your special designations listed in the Top Performers rankings. ABC’s member database features contact information for more than 13,000 contractors. Members can search for an ABC contractor, supplier or other construction professional by name, chapter, location, sales volume or type of construction. ABC populates member profiles with information on whether they have earned an Excellence in Construction® award, participate in the STEP safety management system and Accredited Quality Contractor programs, have federal designations and have signed the Drug- and Alcohol-Free Workplace Pledge. Contact [email protected] for a login if you don’t have one.
 
Visit abc.org/TopPerformers for the digital edition of the 2019 Top 150, Top 50 With Special Designations and Top 20 by Region or read the news release for more details.
 

On Sept. 12, the U.S. Department of Labor and the Internal Revenue Service will hold a webcast providing employers with compliance assistance on the joint final rule on health reimbursement arrangements.

According to a DOL news release, under the final rule, which was released by the DOL, the U.S. Department of the Treasury and the Department of Health and Human Services, employers will be able to use what are referred to as individual coverage HRAs to provide their workers with tax-preferred funds to pay for the cost of health insurance coverage that workers purchase on the individual market, subject to certain conditions, starting in January 2020.

The DOL- and IRS-led webcast will include topics such as the benefits of offering these expanded options, who can offer them, how they work, what responsibilities an employer has, when employers can start offering them and where to find more information.

Register for the upcoming webcast, which will take place on Thursday, Sept. 12, at 2 p.m. ET. Additional information on HRAs can be found on the DOL website. 
 

On Aug. 26, ABC submitted comments on the U.S. Department of Labor’s proposed rule on apprenticeship programs, which initially excludes the construction industry and the military from provisions intended to expand apprenticeships and close America’s skills gap.

The proposed rule would establish a process for creating high-quality, industry-recognized apprenticeship programs by organizations that apply to become DOL-recognized Standards Recognition Entities. The DOL would not, at least initially, accept applications from SREs that create “Industry Programs” in construction, because the DOL considers the construction industry a sector that already has significant registered apprenticeship opportunities.

However, only 17,748 apprentices completed federal construction apprenticeship programs in FY2018, according to the DOL. That’s about 4% of the estimated 440,000 additional construction workers that need to be hired in 2019 alone to meet the existing backlog of projects under contract but not yet completed, which stood at nearly nine months in June 2019.

Given the massive skills gap in the United States, ABC recommended an “all-of-the-above” approach to workforce development to the DOL:

The letter also stressed that ABC and its 69 chapters are doing their part to educate craft, safety and management professionals that includes just-in-time task training, competency-based progression, work-based learning, industry-recognized apprenticeship programs and government-registered apprenticeships.

“By excluding all construction industry-recognized workforce development programs from  the proposed rule, DOL is creating a perverse disincentive to increased education opportunities and is prolonging the skills shortage in the construction industry,” said Greg Sizemore, ABC vice president of health, safety, environment and workforce development. “There is a place for both government-registered and market-driven apprenticeships in an industry that is constantly evolving through technology and process improvements. ABC and its 69 chapters are committed to educating craft, safety and management professionals using an all-of-the above workforce strategy to develop a safe, skilled and productive workforce.”

Additional information can be found at DOL’s website, apprenticeship.gov.

On Aug. 15, the U.S. Department of Labor’s Occupational Safety and Health Administration published a Request for Information seeking comment on Table 1 of the agency’s Respirable Crystalline Silica Standard for Construction.

According to an OSHA news release, the agency is requesting comment on its current and any additional engineering and work practice control methods to effectively limit exposure to silica for the equipment and tasks currently listed on Table 1 and other construction equipment and tasks that generate silica that it should consider adding to Table 1.

OSHA is soliciting feedback on the RFI, and the deadline for submitting comments is Oct. 15, 2019. ABC will continue to keep members informed of any developments on the silica rulemaking in Newsline.

Background

As of Oct. 23, 2017, OSHA has fully enforced all appropriate provisions of the Silica in Construction Standard. On Aug. 13, 2018, OSHA issued 53 Frequently Asked Questions to provide further guidance to employers and employees regarding OSHA’s respirable crystalline silica standard for construction, which can be found on the OSHA website.

The development of the FAQs stemmed from litigation filed against OSHA by numerous construction industry trade associations, including ABC, challenging the legality of OSHA’s 2016 respirable crystalline silica final rule.

More background on the 2016 final rule can be found on the OSHA website.