On Nov. 17, Maryland Gov. Wes Moore issued an executive order that requires the consideration of union-favoring project labor agreements on construction contracts procured by state agencies where the state’s financial commitment is $20 million or greater. The EO also includes new community benefit agreements and government-registered apprenticeship policies in addition to troubling pro-PLA language.

On Nov. 13, Associated Builders and Contractors filed comments opposing the Occupational Safety and Health Administration’s Worker Walkaround Representative Designation Process proposed rule, which would allow employees to choose a third-party representative, such as an outside union representative or community organizer, to accompany an OSHA safety inspector into nonunion workplaces during site inspections.

On Nov. 16, the National Labor Relations Board extended the effective date of its final rule on Joint Employer Status Under the National Labor Relations Act from Dec. 26 to Feb. 26, 2024. The new standard will only be applied to cases filed after the rule becomes effective.

States across the country held legislative, gubernatorial, local and judicial elections yesterday, as well as considered a variety of hot-button issues on ballot initiatives. In almost every instance, Democrats carried the night, delivering a resounding blow to GOP optimism as focus shifts toward the 2024 elections.

On Nov. 7, ABC submitted comments to the U.S. Department of Labor in response to a proposed rulemaking that would alter overtime regulations under the Fair Labor Standards Act.

ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency.

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.

Identifying ways to support your workforce is one of the first, simplest steps to improve safety across your company. The industry is rapidly changing, and there are new technology and tools to make everyone safer. Top-performing contractors now utilize software and apps to review safety performance at the touch of a button.

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 congratulates the following members for successfully earning the Accredited Quality Contractor credential for the first time: Complete Mechanical Services of Cincinnati, a member of ABC’s Ohio Valley chapter; GovSolutions Inc. | Falkbuilt Greater Hampton Roads of Virginia Beach, Virginia, a member of ABC’s Virginia Chapter; and T.W. Frierson Contractor Inc. of Nashville, Tennessee, a member of ABC’s Greater Tennessee chapter.

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.

Without a deal to pass a stop-gap funding measure by Oct. 1, President Joe Biden will face the first federal government shutdown of his administration. ABC has put together a series of helpful documents to guide federal contractors through a shutdown and the suspension of federal construction operations.

Associated Builders and Contractors would like to congratulate Graham Roofing Inc. of West Point, Mississippi, a member of ABC's Mississippi Chapter, for successfully earning the Accredited Quality Contractor credential. The AQC program recognizes and honors construction firms that document their commitment to excellence in key areas of corporate responsibility: quality, safety, craft and management education, talent management and community relations. A company that meets the criteria set forth in the program and has earned STEP Gold, Platinum or Diamond status in ABC’s safety management system is formally designated an Accredited Quality Contractor.

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).

ABC is conducting an important survey of contractor members to gauge opinions and experiences with the Inflation Reduction Act’s prevailing wage and government-registered apprenticeship requirements on clean energy tax credits. Ensuring as many members as possible respond to this survey will be vital to providing effective, informed comments seeking regulatory clarity and pushing back on concerning aspects of a recent Internal Revenue Service proposed rule.

On Sept. 20, the Biden administration through the U.S. Department of Homeland Security expanded the Temporary Protected Status program for Venezuelan migrants, qualifying an estimated 472,000 Venezuelans for TPS over the next 18 months for individuals who entered the United States before July 31, 2023.

Modern day top leadership engagement is continuing to trend away from the traditional command-and-control approach. Far from the “I think it, you do it” model, the total human health approach to top management is all about leadership—curious, engaged and relational. Safety isn’t left to chance or considered the responsibility of just the safety director; safety is managed and led just like every other operation in the company, from accounts receivable to customer experience.

ABC is conducting an important survey of contractor members to gauge opinions and experiences with the Inflation Reduction Act’s prevailing wage and government-registered apprenticeship requirements on clean energy tax credits. Ensuring as many members as possible respond to this survey will be vital to providing effective, informed comments seeking regulatory clarity and pushing back on concerning aspects of a recent Internal Revenue Service proposed rule.

Construction Inclusion Week takes place every October and is an invitation to the construction workforce to unite to advance a sense of belonging for all. ABC has planned four webinars for Oct. 16-20, 2023, with industry professionals and community leaders who are excited to share their knowledge and experience—and help you improve inclusivity in your personal and professional life.