The administration released the latest regulatory agenda on May 18th outlining its priorities for the coming months. Previously we outlined the upcoming OSHA rulemakings and those impacting federal contractors. Here are some additional rulemaking impacting the construction industry:

Federal Aviation Administration (FAA): Operation and Certification of Small Unmanned Aircraft Systems (UAS) 

What to Expect: FAA plans to issue a final rule in July 2016.

About the Proposal: The proposal addresses the commercial use of small (less than 55 lbs.) UAS, also commonly referred to as drones. The proposal includes a number of provisions including new operator requirements, such as passing an initial aeronautical knowledge test. 

ABC’s Actions: ABC submitted comments on the proposal, offering input on how the proposal will affect the construction industry’s ability to use drones on project sites. 

The FAA also lists a proposed rule on operations of small unmanned aircraft over people for December 2016. 

DOL: Equal Employment Opportunity in Apprenticeship Amendment of Regulations

What to Expect: The Employment and Training Administration plans to issue a final rule in September 2016. 

About the Proposal: The proposal seeks to update the equal opportunity regulations that implement the National Apprenticeship Act of 1937 by amending 29 CFR Part 30. Current regulations prohibit discrimination in registered apprenticeship programs on the basis of race, color, religion, national origin, and sex. The proposed rule updates the equal opportunity standards to include age (40 or older), genetic information, sexual orientation and disability among the protected base that cannot be discriminated against. The proposal also requires sponsors to take affirmative action to provide equal opportunity in the registered apprenticeship programs.

ABC’s Actions:  ABC submitted comments stating it supports the equal employment and affirmative action goals of the existing and proposed updates to those rules. However, ABC expressed concern over the potential new burdens this proposal could impose on program sponsors and asked for clarification on a number of requirements.

Other DOL Rulemakings Include:
  • Workforce Innovation and Opportunity Act – Final Rule, June 2016
  • Workforce Innovation and Opportunity Act; Joint Rule With U.S. Department of Education for Combined and Unified State Plans, Performance Accountability, and the One-Stop System Joint Provisions – Final Rule, June 2016
  • Department of Labor Inflation Adjustment Act – Interim Final Rule, July 2016
  • Impact of the Use of Electric Devices by Nonexempt Employees on Hours Worked Issues – Request for Information, July 2016
  • Persuader Agreements: Consultant Form LM-21 Receipts and Disbursements Report – Proposed Rule, September 2016
  • Right to Know Under the Fair Labor Standards Act – Long Term Action 

Environmental Protection Agency (EPA)

EPA continues to list a number of initiatives that will impact the construction industry. The items listed below are set for some time in 2017 or remain on the long-term action list.