Awards
Events/Products/Programs
Legislation
Politics and Policy
Regulations
Safety
State/Local News
Workforce Development
ABC Newsline
On March 24, ABC, as a member of the Construction Industry Safety Coalition Steering Committee, wrote to the U.S. Department of Labor’s Occupational Safety and Health Administration regarding recordkeeping and respirator enforcement during the COVID-19 outbreak. CISC is comprised of a number of trade associations that represent every aspect of the construction industry.
ABC stated in the letter:
CISC is concerned with the position taken by the agency regarding the recordability of COVID-19 cases and respectfully requests that OSHA reconsider its position. Treating confirmed cases of COVID-19 as typical “illnesses” under the rule has the potential to skew the national statistics on injuries and illnesses and put construction employers in an almost impossible position of determining work-relatedness for a virus that is spread easily—like the common cold and flu—and is becoming widespread in all communities across the country.
In addition, given the current shortage of N95 respirators and the request from Vice President Pence and other elected officials that construction employers donate N95 respirators to the public health community, the construction industry requests that OSHA consider adopting a flexible enforcement policy that allows greater use of administrative controls—including job rotation—to minimize workplace exposures to hazardous chemicals and maintain compliance with OSHA permissible exposure limits (“PELs”). Doing so would reduce the need for construction employers to use respiratory protection on their jobsites, freeing up this equipment to be donated to healthcare facilities.
Read the full letter here.
ABC general counsel Littler Mendelson P.C. has written an article on OSHA Recording and Reporting of Cases of COVID-19, which covers the following questions:
Read the Littler analysis here.
Additional information can be found on the OSHA webpage. You may also view additional coronavirus resources on the ABC COVID-19 Update Webpage.
In the wake of coronavirus-related business shutdowns impacting the construction industry in Boston, Pennsylvania and other localities, ABC is urging President Trump to recognize construction as an essential service and keep workers employed to preserve the industry's current and future ability to build and maintain health care facilities, respond to critical infrastructure requirements and aid in recovery efforts after natural disasters.
In a March 23 letter, ABC President and CEO Mike Bellaman wrote: “ABC members are committed to the health, safety and welfare of our workforce and the public. We ask you to continue to treat construction as an essential service, as outlined in the Department of Homeland Security Cybersecurity and Infrastructure Security Agency’s March 19 Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response and refrain from any action to curtail ongoing critical construction services.
“As a builder, you understand the importance of construction to America’s response to the current conditions, infrastructure and economy, and the need to continue construction activity in a safe manner that follows best practices and implements the Occupational Safety and Health Administration’s guidelines in order to respond to this unprecedented crisis.
“The impact of shutting down construction work will be severe for the construction of critical infrastructure and housing. Worker layoffs will make it extremely difficult for construction companies to meet the demand to maintain existing healthcare facilities and build new ones, retrofit existing structures (such as dorms, hotels and ships) for emergency use, modify manufacturing facilities to meet an increased demand for medical supplies and provide new transportation corridors for people and materials. Moreover, such a hit to the construction industry workforce will undermine current and future efforts to recover from natural disasters. A virus pandemic does not halt hurricanes, tornadoes or floods. Governors across the country have recognized the important role construction will play during this difficult time and, to various capacities, most state executive thus far has permitted construction activity to remain open.
“ABC recognizes that each construction project is unique and therefore a local decision as to whether the project can be safely delivered is appropriate. ABC has encouraged our members to implement strict measures for the safety of their workforce during these times, including significantly enhanced and modified safety plans and stop work plans to effectively mitigate the risk for workers.”
Visit abc.org/coronavirus to access health and safety recommendations from the Centers for Disease Control, resources for enhancing workforce protection, preparedness for sudden jobsite shutdowns, guidance on the legal, compliance and economic impacts of coronavirus, legislative action updates and more.
With a shortage of N-95 face masks used by health care and first responders, the White House has called for donations to local hospitals from construction contractors and other industries that have supplies on hand.
Some ABC members have already donated masks and other essential materials. Examples include:
Contact your local hospital if you have inventory to donate.
ABC and its chapters are reaching out to state and local lawmakers and asking them to treat construction activities conducted in a safe and responsible manner as essential services in order to permit critical infrastructure services to continue as states and localities draft stay-at-home orders and other policies allowing only movement of workers involved in essential businesses in response to the COVID-19 pandemic.
In an ABC National letter to National Governors Association leaders Maryland Gov. Larry Hogan (R) and New York Gov. Andrew Cuomo (D), ABC National said:
“Thank you for recognizing the essential nature of the construction industry in America’s response to this global health threat. We support your desire to continue construction activity in a safe manner that follows best practices and implements the Occupational Safety and Health Administration’s guidelines in order to respond to this unprecedented crisis. ABC members remain committed to the health, safety and welfare of our workforce and the public.
“We write to you today to ask for your help in urging state and local governments to be mindful of the importance of the construction industry and its essential critical infrastructure workers as states and localities draft stay-at-home orders or policies allowing only movement of workers involved in essential businesses.”
According to ABC research, more than two dozen states and localities, from Alaska to Wisconsin, have issued policies affecting the construction industry, with Pennsylvania and four localities in Massachusetts issuing a moratorium on all construction activities.
In Pennsylvania, ABC issued an alert to members concerning an executive order issued by Gov. Tom Wolf closing all non-life sustaining business, including the construction industry, until further notice. Penalties for noncompliance, which went into effect on March 21, can include citations, fines and license suspensions. ABC is sharing resources and encouraging members to contact lawmakers to let them know construction of critical infrastructure is an essential service in Pennsylvania’s response to the COVID-19 crisis and should not be shut down.
In California, where it is unclear whether a state order supersedes Bay Area counties’ shutdown of commercial construction, a dozen building and contractors associations, including ABC, warned against a ban in a March 18 letter: “The drawbacks to public agencies potentially halting construction activities are many, first and foremost, the loss of income for 900,000 Californians working in the construction industry. A blanket shutdown would cause additional disruptions for residents already impacted by coronavirus while delaying critical infrastructure projects and desperately needed housing.”
The letter stressed the strong underpinnings of safe work practices already in place at California jobsites. “While there is risk of communicable diseases in every industry, construction sites are a unique workplace with their own levels of social distancing built in. They are also often tightly controlled, with required safety protocols and separation from the general public. Contractors and agencies have been taking additional steps to fortify workplaces against the spread of coronavirus and are prepared to modify construction activities further, at the direction of health experts.”
The Washington Construction Industry Council, which includes ABC Western Washington and Inland Pacific chapters, sent a letter to Gov. Jay Inslee and state legislators from both parties urging them to exempt the construction industry from shelter-in-place orders, saying, “The industry plays a vital role in helping expand capacity and safe access for medical assistance, shelter and vital resources during the COVID-19 outbreak.”
“Many states and localities appear to be aligning their policies with the Department of Homeland Security Cybersecurity and Infrastructure Security Agency’s March 19 Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response,” said Ben Brubeck, ABC Vice President of Regulatory, Labor and State Affairs.
“Governors across the country have so far recognized the important role construction will play in response to the COVID-19 pandemic and, to various capacities, most state executives have permitted certain essential construction activity to remain open thus far,” said Brubeck. “However, these evolving policies could change at any moment, and contractors should prepare by updating plans to ensure enhanced workforce safety and mitigate sudden jobsite shutdowns.”
ABC members can monitor developments and research guidance about the coronavirus pandemic at abc.org/coronavirus and access emergency preparedness and response resources, including COVID-19 safety materials, toolbox talks, sample project shutdown/startup procedures and sample small business continuity plans. To take action on critical legislative proposals, download the ABC Action app.
Today, Democrats and Republicans in the Senate arrived at a deal to provide approximately $2 trillion in federal funding and programs to address the ongoing health crisis. The legislation would send checks to many Americans under a certain income threshold, create a $350 billion loan program for small businesses and establish a $500 billion lending fund for industries, cities and states.
This legislation is viewed as a critical lifeline for our small and mid-size construction companies as they work hard to maintain their businesses, keep employees on payroll and provide paid leave to those affected by the COVID-19 virus.
While passage in the Senate is set for this afternoon, House members remain in their home districts and is not likely to pass the bill today. Further, without an agreement from all members of the House to pass the bill by “unanimous consent” they could be called back to Washington, D.C., for a full vote on the House floor. Speaker Nancy Pelosi (D-Calif.) has been generally positive about the new deal, but has said the bill is still under review in the House.
For more information on the federal response to the crisis and other resources for employers, visit abc.org/coronavirus.
ABC has assembled Emergency Preparedness and Response Resources to help our chapters and members quickly access the latest information and guidance regarding the coronavirus. Resources such as COVID-19 Toolbox Talks, both in English and Spanish, are now available. Other resources, including sample continuity plans and project shutdown and startup procedures are also available.
The Emergency Preparedness and Response Resources webpage also provides access to resources from the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration and more.
ABC reúne recursos de preparación y respuesta de COVID-19
ABC ha reunido recursos de preparación y respuesta ante emergencias para ayudar a nuestras sucursales y miembros acceder rápidamente a la última información y orientación sobre el coronavirus. Recursos como "COVID-19 Toolbox Talks", ahora están disponibles tanto en inglés como en español. Otros recursos incluyen ejemplos de planes de continuidad y procedimientos de cierre y reinicio de proyectos.
La página web de Recursos de preparación y respuesta ante emergencias también brinda acceso a recursos de los Centros para el Control y la Prevención de Enfermedades (CDC), la Administración de Seguridad y Salud Ocupacional (OSHA) y más.
Many employers are now asking whether they must record cases of COVID-19 on their Occupational Safety and Health Administration 300 Logs or report the cases to OSHA.
ABC general counsel Littler Mendelson P.C. has written an article that covers the following questions:
Additional information can be found on the OSHA webpage.
ABC is aware of concerns expressed by ABC members on this issue. Staff will continue to work with OSHA and provide future updates.
On March 16, ABC submitted comments to the Office of Management and Budget on its Request for Information on Improving and Reforming Regulatory Enforcement and Adjudication.
Published in accordance with President Trump’s Executive Order 13892, Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication, the RFI sought public feedback on identifying reforms that ensure adequate due process in regulatory enforcement and adjudication.
In its comments, ABC both applauded the EO and welcomed the RFI.
“Far too often in previous administrations, agencies have imposed unfair and unnecessary burdens on businesses—particularly small businesses—through the investigatory and adjudicative process,” ABC said. “Because the rules and regulations by which statutes are implemented in the 21st century have become so complex and convoluted, it is nearly impossible for business leaders to be fully aware of every regulatory requirement. There are also many secret rules lurking in the Federal Register, or guidance that was never published at all or was changed without notice or public comment, resulting in potentially severe penalties for innocent mistakes…ABC hopes that this is the first step in fully implementing the order and reducing regulatory burdens imposed on the business community.”
Additionally, ABC expressed its support for the following modifications to the current investigatory and adjudicative processes:
More information on the RFI can be found in the Federal Register.
ABC issued a key vote to the Senate on an amendment submitted by Sen. Ron Johnson (R-Wisc.). The amendment would have replaced the mandated paid leave requirements of the House-passed Families First Coronavirus Response Act that affect employers with fewer than 500 employees with unemployment insurance capped at $1000 per week. ABC believes this would be a more effective way to provide immediate relief for those employees and families affected by the coronavirus.
The Senate set a 60-vote threshold for the passage of any amendments to the bill. Unfortunately, the Johnson amendment failed by a vote of 50-48. The final bill with the paid leave requirements included passed the Senate by a vote of 90-8 and will be signed into law by President Trump.
Senate Republicans have proposed Phase Three of the response to COVID-19 that would provide a critical lifeline for small and midsize businesses and look to pass the legislation by next week. ABC will continue to advocate for critical support for our nation’s construction businesses.
From March 1-7, ABC celebrated Women in Construction Week, a week that raises awareness and emphasizes the growing role of women in the construction industry. Here is a list of some of the ways ABC and its members demonstrated the success of women in the field:
ABC National shared quotes and photos of women in the merit shop community and articles with other communications professionals and leaders, so they could post the content on their own social media platforms. All photos and quotes can be found on ABC’s Flickr page.
With letters to the editor and local craft competitions, ABC was able to promote Women in Construction Week in everything from industry magazines to news shows.
Examples include:
For more information on women in the construction industry, please visit the NAWIC website.