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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Aug. 27 released two final rules that drastically alter federal contractors’ existing affirmative action and nondiscrimination obligations for individuals with disabilities and veterans. ABC was critical of the rules because they, “set infeasible compliance requirements for federal construction contractors, despite the agency’s inability to demonstrate that contractors fail to meet the previous requirements under federal law.”

On Aug. 23, OSHA unveiled its long-anticipated proposal to address crystalline silica exposure in the construction industry. As expected, the proposed rule drastically lowers the existing permissible exposure limit for respirable silica in the construction industry. 

According to a Bureau of Labor Statistics/Department of Labor Aug. 22 report, construction fatalities increased 5 percent in 2012, marking the first increase in six years. According to the report, there were 775 workplace deaths in the private construction industry in 2012 and 738 in 2011. That translates into a 2012 fatality rate of 9.5 per 100,000 workers, up from 9.1 in 2011

The Louisville district of the U.S. Army Corps of Engineers (USACE) is soliciting comments from the construction industry on the potential use of a project labor agreement (PLA) for the Ambulatory Health Center (AHC) project in Ft. Knox, Kentucky.

The National Labor Relations Board (NLRB) in August issued two decisions that hurt employees’ rights by inhibiting their ability to petition for a secret-ballot election after an employer recognizes a union as a monopoly bargaining agent and by creating a new standard for a bargaining unit.

The U.S. House of Representatives Nov. 30 passed the Workforce Democracy and Fairness Act (H.R. 3094) by a vote of 235-188. The bill is designed to counteract a proposed rule from the National Labor Relations Board (NLRB) that would shorten the timeframe for union organizing elections and reverse the Board’s recent decision in Specialty Healthcare. 

As of July 30, the National Labor Relations Board (NLRB) is fully staffed and the new members are likely to pursue issues the NLRB did not complete in past years, many of which are designed to facilitate or expedite the union organizing process.

ABC's Regulatory Alert provides an overview of the federally mandated rules, regulations and enforcement actions from the U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) and other federal agencies. Below are brief summaries of current issues, as well as links to more detailed information and guidance.

The U.S. Army Corps of Engineers (USACE) has issued a survey requesting comments from the construction industry on the potential use of a project labor agreement (PLA) for the Nuclear Systems Wing & Sustainment Center Phase 2 project at Kirtland Air Force Base, Bernalillo County, N.M.

ABC members can take advantage of a variety of tools, including a website, www.shameonunionbanners.com, and a member resources guide, to counteract union bannering campaigns. 

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