Newsline

SBA and Treasury Confirm Businesses With 500 or Fewer Employees Can Qualify for the Paycheck Protection Program

The Small Business Administration and the U.S. Department of Treasury confirmed ABC’s interpretation of the IFR and addressed this issue in a release of FAQs for lenders and borrowers. Importantly, this document clarifies that businesses do not have to qualify as both a small business concern and have 500 or fewer employees. ABC continues to urge eligible members in need to apply for PPP loans.

DOL Provides Flexibility for the Delivery Method of Apprenticeship Related Instruction

On March 16, as a result of COVID-19, the U.S. Department of Labor’s Employment and Training Administration, Office of Apprenticeship, released Bulletin 2020-51 to provide flexibility regarding the requirements for approval for related instruction and reiterate that related instruction may be delivered electronically.

OFCCP Issues a COVID-19 National Interest Exemption

In response to the COVID-19 pandemic, the U.S. Office of Federal Contract Compliance Programs issued a temporary exemption from certain federal contracting requirements for a period of three months, from March 17, 2020 to June 17, 2020.

NLRB Issues Representation-Case Procedures Final Rule

On April 1, the National Labor Relations Board published its final rule on Representation – Case Procedures: Election Bars; Proof of Majority Support in Construction-Industry Collective-Bargaining Relationships, which makes three amendments to its rules and regulations governing the filing and processing of petitions for an NLRB-conducted representation election and proof of majority support in construction-industry collective-bargaining relationships. The final rule will go into effect on June 1.

Members Can Access E-services From ABC Partners to Maintain Social Distancing

During these unprecedented times, many businesses are assisting ABC members and chapters by providing them online tools for their services.

DOL Issues Additional Guidance on Federal Paid Sick and Family Leave Requirements

The U.S. Department of Labor continues to issue compliance assistance materials on the Families First Coronavirus Response Act, which went into effect on April 1. On March 18, the Senate passed and the president signed into law H.R. 6201, the Families First Coronavirus Response Act, which requires private-sector employers with fewer than 500 employees, and certain public employers, to provide covered employees emergency paid sick leave and expanded family and medical leave.

FMCSA Waiver Announcement for Commercial Learners Permit Holders

In response to the president’s national emergency declaration, the Federal Motor Carrier Safety Administration has announced a three-month waiver to prevent the possible shortage of commercial motor vehicle drivers and continue to allow intrastate and interstate commercial driver’s license (CDL) and commercial learners permit (CLP) holders to transport critical goods and supplies to businesses and individuals affected by COVID-19.

ABC Virginia Chapter Kicks Off Apprenticeship Program

The ABC Virginia Chapter has started implementing a competency-based component for their registered apprenticeship program.

ABC Video Release: Introducing 2020 ABC National Chair, Tim Keating

Tim Keating, owner and president, R. C. Stevens Construction Co., took the reins as the 2020 ABC national chair at ABC’s March Board of Directors meeting. “With decades of combined industry leadership and experience, Tim Keating is committed to ABC’s value proposition to help our membership develop people, win work and deliver that work safely, ethically and profitably for the betterment of the communities in which they work,” said Michael Bellaman, ABC president and chief executive officer. Check out ABC’s new video to learn more about Tim and his goals for ABC in 2020.

Coronavirus Aid, Relief and Economic Security Act (CARES) Signed into Law

Following the passage of the Coronavirus Aid, Relief and Economic Security Act (CARES) and President Trump signing it into law, ABC has gathered some additional information on the bill’s small business and tax provisions.

DOL Seeks Public Input on the Families First Coronavirus Response Act

Following last week’s passage of the Families First Coronavirus Response Act of 2020 (FFCRA) and President Trump signing it into law, the U.S. Department of Labor has requested ideas and input on the paid leave provisions of the new law as it issues implementing regulations and guidance. 

ABC Writes to OSHA Regarding the Recordability of COVID-19 Cases

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.

Essential Construction Services Must Not Be Shut Down, ABC Tells White House

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 employeto 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.

ABC Members Donate N95 Masks to Hospitals in Response to COVID-19

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.

Deal Reached on Emergency Economic Relief for COVID-19 Virus

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.

ABC Tracks COVID-19-related Construction Shutdowns, Restrictions Nationwide

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.

ABC Adds COVID-19 Preparedness and Response Resources: Toolbox Talks, Continuity Plans and More

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.

OSHA Recording and Reporting of Cases of COVID-19

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 Comments on OMB’s Investigation, Adjudication Request for Information

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.

ABC Issues a Key Vote on Amendment To Support Small and Midsize Businesses in COVID-19 Legislation

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 Celebrates Women in Construction Week 2020

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.

Visit ABC’s COVID-19 Update Webpage for Employer Resources

Information about coronavirus (COVID-19) continues to be issued at a rapid pace. In order to keep ABC chapters and members up to date and provide access to accurate information, ABC has created the COVID-19 Update webpage. 

SBA Disaster Assistance in Response to COVID-19

On March 6, President Trump signed the Coronavirus Preparedness and Response Supplemental Appropriations Act, an $8.3 billion emergency spending bill that, among many other things, gave the Small Business Administration the ability to issue an economic injury disaster loan declaration pertaining to coronavirus.  

The Construction Industry Needs to Hire an Additional 550,000 Workers in 2020

Construction Spending

Source: Census Bureau Value of Construction Put in Place Survey Annual Historical Data and “Annual Total Table”

ABC Supports Modernizing NEPA in Comments to CEQ

On March 10, ABC joined several other organizations in submitting comments to the Council on Environmental Quality in support of proposed revisions to its regulations implementing the procedural provisions of the National Environmental Policy Act, which has not been updated for more than four decades.

ABC Comments on DOL's IRAP Rule

On March 11, the U.S. Department of Labor issued a final rule , officially titled Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations, which establishes a process for creating high-quality, industry-recognized apprenticeship programs by organizations that apply to become DOL recognized Standards Recognition Entities. The rule prohibits SREs from recognizing IRAPs in the construction sector. DOL’s press release on the proposal is available here.

Join an Elite Class of Accredited Contractors With ABC’s Accredited Quality Contractor Credential

Applications for ABC's Accredited Quality Contractor Program are being accepted now through Oct. 30.

H-2B Cap Increase Comes With New Conditions for Employers

On March 9, ABC joined the H-2B Workforce Coalition in a letter to the acting secretary of the U.S. Department of Homeland Security to raise concerns over the release of a temporary final rule to implement supplemental H-2B visas.

Subcommittee Begins Conversation to Reauthorize the 1937 National Apprenticeship Act

On March 4, the House Education and Labor Subcommittee on Higher Education and Workforce Investment held a hearing entitled “Reauthorizing the National Apprenticeship Act: Strengthening and Growing Apprenticeships for the 21^st Century.” The National Apprenticeship Act, also known as the Fitzgerald Act, has not been reauthorized since its enactment in 1937 and the Subcommittee released a discussion draft bill to reauthorize the act ahead of Wednesday’s hearing.  

ABC Hits the Airwaves to Advocate for Merit Shop Construction

Ben Brubeck, ABC’s vice president of regulatory, labor and state affairs, conducted 11 radio and TV interviews during the Conservative Political Action Conference on Feb. 27 in Washington, D.C. Brubeck discussed the outlook for construction spending and infrastructure investment, highlighted the industry’s response to its current skilled labor shortage and promoted the benefits of fair and open competition on taxpayer-funded construction contracts.

Federal Agencies Publish Databases of Active Guidance Documents

Multiple federal agencies recently published searchable databases of all respective guidance documents currently in effect in an effort by the Trump administration to promote transparency and make these documents readily available to the public.

OFCCP Issues Compliance Assistance Program for Federal Contractors

On Feb. 26, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs released its Contract Compliance Institute to assist federal contractors and subcontractors in complying with the agency’s Equal Employment Opportunity regulations.

ABC Weighs in on House Subcommittee Hearing on Infrastructure Investment

On Feb. 26, ABC sent a letter calling on Congress to consider how its infrastructure investment agenda could impact merit shop contractors and the small business community during a hearing titled Moving America’s Infrastructure Forward. Convened by U.S. House of Representatives Committee on Small Business’ Contracting and Infrastructure Subcommittee, the hearing was timed to coordinate with the recent release of Democrats’ $760 billion infrastructure investment framework, the Moving Forward Framework.  

Coronavirus Alert: Resources for Employers

Information about the coronavirus (COVID-19) continues to be issued at a rapid pace.  In order to stay up to date and access accurate information, employers are encouraged to utilize the below links.

ABC Applauds Long-awaited NLRB Joint Employer Final Rule

On Feb. 26, the National Labor Relations Board issued its final rule on the standard for determining joint-employer status under the National Labor Relations Act. ABC is pleased that the final rule clearly delineates and limits the types of control that would be treated as creating joint-employer status under the NLRA.
 

Compliance Alert: OSHA Updates Program on Respirable Crystalline Silica Standard

On Feb. 4, the Occupational Safety and Health Administration released a revised National Emphasis Program aimed at identifying and reducing or eliminating worker exposures to respirable crystalline silica in general industry, maritime and construction.

Baltimore City Council Contemplates PLA Mandate

A bill introduced in the Baltimore City Council by Councilmember Shannon Sneed and Council President Brandon Scott would make sweeping changes to the City of Baltimore’s procurement laws. The proposed ordinance, File 20-0488, would impose government mandated project labor agreements on any construction contract valued at $25 million or more. 

The PRO Act Passes in the U.S. House of Representatives

On Feb. 6, the U.S. House of Representatives passed the disingenuously named Protecting the Right to Organize Act by a vote of 224 to 194.  Five Republicans voted for the bill and seven Democrats opposed it, along with Rep. Justin Amash (I-Mich.). ABC urged members of Congress to oppose the PRO Act, considering the vote a “KEY VOTE” for the ABC Legislative Scorecard on the 116^th Congress.

Prominent ABC Member Thad Claggett Announces a Run for Ohio Statehouse

Thad Claggett, president of Claggett & Sons Inc., has thrown his hat into the Republican primary for Ohio House District 71. Claggett is a civil engineer and a fourth-generation commercial and industrial construction contractor based in Newark, Ohio.

Apply for the 2020 HIRE Vets Medallion Program Award by April 30

The U.S. Department of Labor’s Veterans Employment and Training Service is accepting employer applications for the 2020 HIRE Vets Medallion Program Award, which recognizes employers for their efforts to recruit, employ and retain our nation’s veterans. In 2019, the program recognized 427 employers for their dedicated efforts to hire American veterans, including ABC member United Rentals. The deadline to apply is April 30.

Virginia General Assembly Moves Legislation Requiring PLAs and Prevailing Wage on Public Works

In control for the first time since 1993, Democratic leadership in Virginia’s General Assembly is poised to pass legislation at the expense of Commonwealth taxpayers who finance the construction and maintenance of schools, affordable housing roads, bridges, transportation projects and other infrastructure projects in disrepair.
 

Study: Project Labor Agreement Mandates Inflate the Cost of Connecticut School Construction by 19.8%

A study released in January 2020 by the Beacon Hill Institute found that Connecticut schools built under controversial government-mandated project labor agreements cost 19.8% more than schools that were bid and constructed through fair and open competition, free from PLA requirements.

ABC Celebrates USMCA Trade Deal at White House Signing Ceremony

On Jan. 29, ABC President and CEO Michael Bellaman joined President Trump as he signed the United States-Mexico-Canada Agreement at a ceremony on the White House South Lawn.

EPA, Army Corps of Engineers Announce Revised WOTUS Definition

On Jan. 23, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers signed a final rule revising the definition of “waters of the United States,” which are federally regulated under the Clean Water Act. The final rule will go into effect 60 days after publication in the Federal Register.

The Merit Shop Construction Workforce Grew in 2019, According to BLS

Construction industry employment grew by 192,000 wage and salary workers to 8.35 million in 2019, according to a new report from the U.S. Bureau of Labor Statistics.

DOT Employer Resources Available: CDL Drug & Alcohol Clearinghouse

On Jan. 6, directed by an act of Congress, the Federal Motor Carrier Safety Administration launched an online database called the Commercial Driver's License Drug & Alcohol Clearinghouse. Employers that utilize commercial drivers should be aware of the new reporting and query requirements.

Greg Sizemore Discusses Substance Abuse, Suicide and Its Impact on Construction

Greg Sizemore, ABC’s vice president of health, safety, environment and workforce development and vice chair of the Construction Industry Alliance for Suicide Prevention, spoke on a panel at the Construction Leadership Network Conference last week in Houston to discuss substance abuse and the rise of suicide in the construction industry.

Take Action: Support the Modernization of NEPA—Contact the White House Today!

The Council on Environmental Quality issued a proposed rule to update its regulations for implementing the procedural provisions of the National Environmental Policy Act, which has not been updated for more than four decades. 

Twenty-Six Schools Will Compete in the 2020 Construction Management Competition

The Construction Management Competition is ABC’s hallmark competition promoting careers in construction management. There are 26 colleges and universities competing in this year's competition. 

USMCA Ratified by Congress

On Jan. 16, the U.S. Senate approved President Trump’s signature trade deal with Mexico and Canada, the USMCA, in an overwhelmingly bipartisan 89-10 vote. The agreement previously passed the House in December on a similarly bipartisan 385-41 vote and now awaits the president’s signature of the deal into law.