Newsline

The No-Cost Workforce Development Management System Is Live

The ABC Workforce Development Management System was created to evaluate such programs and validate what each organization is already doing or identify areas for enhancement. It is a no-cost, easy-to-use assessment designed to assist users with a self-evaluation of their workforce development program, using 11 key components of world-class programs.

Remembering Former ABC President Franz June

Franz Eston June, former ABC president (now the role of the ABC chair of the board of directors), died on Friday, March 18, 2022.

ABC Advocates for Worker Freedom, Against PLAs in Letter to Congress

On March 30, ABC sent a letter to a Congressional subcommittee cautioning that more regulations and less worker freedom, combined with the construction industry shortage of 650,000 workers in 2022, will make it harder to fill any jobs created by the $1.2 trillion Infrastructure Investment and Jobs Act of 2021.

DOL Issues Proposed Rule on Tracking of Workplace Injuries and Illnesses

ABC is concerned about a proposal from the Biden administration that will increase the number of contractors subject to electronic safety data submission requirements and carry risks for exposing confidential business information by posting parts of the submissions on a public website.

ABC Requests 60-Day Comment Period Extension on Proposed Changes to Davis-Bacon Act Regulations

Following the release of the U.S Department of Labor’s proposed rule, Updating the Davis-Bacon and Related Acts Regulations, on March 18, ABC formally submitted a request for the 60-day comment period to be extended by an additional 60 days.

White House Releases FY23 Budget Proposal

On March 28, the White House released the president’s $5.8 trillion budget for the next fiscal year, which renews calls for tax hikes to support Democrats’ federal spending priorities in the coming years.  

ABC Urges USDA to Withdraw Proposal That Includes New Labor Law Compliance Certifications and Reporting

On Feb. 17, the U.S. Department of Agriculture published a proposed rule to make amendments to the Agriculture Acquisition Regulation, which includes new labor law compliance certifications and reporting provisions that present wide-ranging implications for ABC members that perform work on federal contracts awarded under the AGAR. On March 21, ABC submitted comments urging the USDA to withdraw the proposal.

ABC Hails Court Decision Blocking Biden Administration’s Independent Contractor Rulemaking

On March 15, the U.S. District Court for the Eastern District of Texas dealt a blow to the Biden administration’s efforts to delay and rescind the Trump administration’s 2021 independent contractor final rule. Under a decision applauded by ABC, which had sued to block those actions, the ABC-supported rule went into effect as scheduled on March 8, 2021, and remains in effect today.

ABC Celebrates Women in Construction Week 2022

ABC celebrated Women in Construction Week, March 6-12, to raise awareness of the growing role of women in the construction industry and encourage women to consider a career in construction. ABC demonstrated the success of women in the industry through social media posts and letters to the editor published in a number of  media outlets.

ABC: Biden’s Proposed Davis-Bacon Act Reforms Are More Pork for Special Interests

“While ABC is still reviewing the 432-page rule, it appears the DOL missed an opportunity for meaningful Davis-Bacon reform. For example, the proposed rule reverts back to 1983 regulations that do not result in actual prevailing rates, as required by statute. Reversing course by 40 years is not modernization. Instead, it is even worse public policy catering to special interests embedded in the Biden administration that benefit from the broken status quo,” ABC said in a statement.

ABC Partners with Congressional Leaders to Oppose Biden PLA Mandate, Advocate for Fair and Open Competition

On March 7, Sen. Todd Young, R-Ind., and Rep. Ted Budd, R-N.C., wrote letters to the White House in opposition to President Biden’s executive order 14063 requiring federal construction contracts of $35 million or more to be subjected to project labor agreements.

Sens. Thune, Scott Seek Federal Recognition for Industry, Market-Driven Apprenticeships

On March 7, U.S. Sens. John Thune, R-S.D., and Tim Scott, R-S.C., introduced legislation that would allow federal recognition of industry and market-driven apprenticeship programs. The Training America’s Workforce Act would allow third-party entities approved by the U.S. Department of Labor to recognize and perform oversight over apprenticeship programs developed by the private sector and other organizations.

ABC Joins Amicus Brief on NLRB’s Employer Handbook Rules

On March 7, the ABC-led Coalition for a Democratic Workplace filed an amicus brief in Stericycle, a case in which the National Labor Relations Board is considering changing the way it reviews employer handbook rules to determine if they violate workers’ rights to collectively bargain. On Jan. 6, the board invited parties and amici to submit briefs. ABC along with several other organizations joined the brief.

ABC Responds to President Biden’s State of the Union Address

During his address to the nation, President Joe Biden expressed his support for the Protecting the Right to Organize, saying, “Let’s pass the PRO Act. When a majority of workers want to unionize, they shouldn’t be stopped.” ABC issued a statement criticizing the president’s anti-merit shop agenda three minutes later.

CDW Pushes Back on NLRB Independent Contractor Case, Conflicts of Interest

On Feb. 11, the ABC-led Coalition for a Democratic Workplace filed an amicus brief before the National Labor Relations Board in The Atlanta Opera, a case dealing with the independent contractor standard.

ABC, Coalition Support the Fair and Open Competition Act in Letter to Congress Opposing PLA Mandates

On Feb. 23, ABC and a coalition of 19 associations and organizations representing the construction industry and business community sent Congress a letter of support for the Fair and Open Competition Act (S. 403/H.R. 1284), sponsored by Sen. Todd Young, R-Ind. and Rep. Ted Budd, R-N.C.

Action Needed: Oppose Biden’s PLA Executive Order

ABC recently drafted a letter highlighting its concerns with President Biden’s recently announced Feb.4 Executive Order 14063, which imposes government-mandated project labor agreements on federally funded and federally assisted construction projects of $35 million or more. ABC members are encouraged to sign on to the letter to the Biden administration, which will be sent to the White House in April. 

Materials Prices, Interest Rates and Defense Spending: Major Impacts of the Invasion of Ukraine

The Russian invasion of Ukraine will have three first-order impacts on the U.S. construction industry. The first relates to materials prices, which are already sky-high and have induced some project owners to delay project start dates.

DOL Offers Webinar on Davis-Bacon Compliance for Projects Receiving Funding Under IIJA

The U.S. Department of Labor’s Wage and Hour Division is offering two free webinars on Feb. 28 and March 1 at 1:30 p.m. ET to provide an overview of the Davis-Bacon compliance requirements for projects receiving funding under the Infrastructure Investment and Jobs Act. It will also include a question-and-answer session. Participants will be able to submit questions in advance or during the webinar.

ABC, Coalition Argue Against Government-Mandated Project Labor Agreements in Letter to White House

ABC joined a diverse coalition of more than a dozen associations and organizations representing millions of workers in the construction industry in a letter to President Joe Biden opposing the administration’s new executive order mandating project labor agreements on federal construction contracts of $35 million or more. Executive Order 14063 was signed on Feb. 4.

ABC-Opposed America COMPETES Act Passes the House With Anti-Competitive Provisions

On Feb. 4, the House of Representatives passed H.R. 4521, he America COMPETES Act by a vote of 222-210. The ABC-opposed bill is filled with anti-competitive provisions that would impose harmful labor policies, including instituting “card-check” provisions, expanding prevailing wage requirements and restricting access to the nation’s registered apprenticeship system for nonunion workers through the ABC-opposed National Apprenticeship Act.

ABC Urges EPA and Army Corps to Withdraw WOTUS Proposed Rule

On Feb. 7, ABC, as a member of the Waters Advocacy Coalition, filed comments on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers’ proposed rule to revise the definition of “waters of the United States” applicable to all Clean Water Act programs. The rule would repeal the Trump administration Navigable Waters Protection Rule and codify a definition that reflects the pre-2015 regulatory regime that the agencies are currently implementing. Raising numerous important concerns, the coalition urged the agencies to withdraw the proposed rule, reconsider the rule while addressing the coalition’s concerns and reengaging stakeholders, and repropose a rule that adheres to the CWA and relevant U.S. Supreme Court precedent.

ABC: President Biden's Pro-PLA Executive Order Will Increase Costs to Taxpayers and Worsen Skilled Labor Shortage

White House Union Report Fails to Create Opportunities for All of the Construction Industry

On Feb. 7, the Biden administration’s White House Task Force On Worker Organizing And Empowerment issued its report on how to boost union membership in the federal government and public and private sectors.

ABC to FHWA: Welcome All Qualified Firms and Workers to Build EV Charging Stations

On Jan. 28, ABC submitted comments to the Federal Highway Administration on behalf of member contractors who install and perform work related to electric vehicle charging stations and other alternative clean energy fuel stations. ABC said needlessly excluding all contractors and workers who do not participate in the Electric Vehicle Infrastructure Training Program and/or government-registered apprenticeship programs from building EV charging station and alternative fuel projects could be problematic.

GOP Governors Push Back on Union Favoritism in White House Infrastructure-Funding Policies

Republican governors are pushing back on Biden administration actions steering federal dollars for infrastructure projects to state and local governments prioritizing pro-labor policies.

ABC Cautions OSHA: Keep Any Heat Injury and Illness Prevention Regs Simple and Flexible

On Jan. 26, ABC, as a steering committee member of the Construction Industry Safety Coalition, submitted comments on the U.S. Department of Labor’s Occupational Safety and Health Administration’s Advance Notice of Proposed Rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. CISC members feel strongly that a regulatory approach—if adopted—must be simple and should integrate the key concepts of “Water, Rest, Shade.”

ABC Welcomes New Beam Club Hall of Fame Level Member Dan Bertler

ABC has added Wisconsin Chapter member Dan Bertler of Supreme Structures Inc. to the Beam Club Hall of Fame Level.

OSHA Withdraws COVID-19 Vaccination and Testing ETS

On Jan. 26, the U.S. Department of Labor’s Occupational Safety and Health Administration announced it is withdrawing its COVID-19 Vaccination and Testing Emergency Temporary Standard, which applied to employers with 100 or more employees. The withdrawal is effective Jan. 26.

OSHA Increases Civil Monetary Penalties for Employers

On Jan. 14, pursuant to the Federal Civil Penalties Inflation Adjustment Act, the U.S. Department of Labor published a final rule to adjust for inflation the civil monetary penalties assessed or enforced by the department, including the Occupational Safety and Health Administration, for 2022. This final rule went into effect on Jan. 15, 2022. The increased penalty levels apply to any penalties assessed after the effective date of this rule.

ABC Welcomes New Beam Club Presidential Level Member JR Reeseman

ABC has added Wisconsin Chapter member JR Reeseman of Reesman's Excavating & Grading Inc. to the Beam Club Presidential Level.

ABC Cheers Supreme Court OSHA COVID-19 Vaccination Mandate Ruling

On Jan. 13, ABC applauded the U.S. Supreme Court for reinstating the stay on the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome. The Supreme Court remanded the case to the 6^th Circuit, which will consider the merits of the case.

ABC Welcomes New Beam Club Presidential Level Member Tim Harrison

ABC has added Alabama Chapter member Tim Harrison of Harrison Construction Inc. to the Beam Club Presidential Level.

ABC Cheers Supreme Court OSHA COVID-19 Vaccination Mandate Ruling

On Jan. 13, ABC applauded the U.S. Supreme Court for reinstating the stay on the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome.

Reminder: Deadline for Electronically Submitting 2021 OSHA Form 300A Data Is March 2

On Jan. 5, the U.S. Department of Labor’s Occupational Safety and Health Administration issued a press release reminding certain employers that the administration began collecting calendar year 2021 Form 300A data on Jan. 2. The deadline to electronically submit the form is March 2.

Enforcement of the OSHA COVID-19 Vaccination and Testing ETS Began Jan. 10

As of this writing, the Supreme Court has not yet issued a decision on the appeal to reinstitute a stay of the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees.

ABC Welcomes New Beam Club Presidential Level Member Troy Carlson

ABC has added Wisconsin Chapter member Troy Carlson of Ansay & Associates LLC to the Beam Club Presidential Level.

DOL to Host Compliance Seminar on Executive Order 14026, Increasing the Minimum Wage for Federal Contractors

The U.S. Department of Labor’s Wage and Hour Division will be hosting a free virtual seminar on Executive Order 14026, Increasing the Minimum Wage for Federal Contractors on Wednesday, Jan. 26, and Thursday, Jan. 27, at 1:30 p.m. ET. The training is the latest in WHD’s ongoing efforts to increase awareness and improve compliance with federal prevailing wage requirements among employers performing work on federally funded construction or services contracts.

COVID-19 Vaccination Mandates: Supreme Court to Hear ABC’s Challenge to OSHA ETS; CMS Mandate Enjoined in 25 States; Federal Contractor Mandate Injunction Upheld

Three different federal COVID-19 vaccination mandates issued under the Biden administration continue to be challenged in the courts. Read the important developments on the federal contractor, Centers for Medicaid and Medicare Services and Occupational Safety and Health Administration vaccination mandates.

Stay Lifted on OSHA COVID-19 Vaccination and Testing ETS—What Employers Need to Do Now

On Dec. 17, the 6th Circuit Court of Appeals lifted the 5th Circuit’s stay of the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees.

NDAA Passes Without Harmful Labor Provisions

On Dec. 15, the House and Senate passed the annual National Defense Authorization Act, following negotiations to ensure passage of the bill before the end of the year. Notably, the NDAA agreement removed several harmful labor provisions opposed by ABC from the previous version of the bill passed only in the House.

Biden Administration Releases Fall 2021 Regulatory Agenda

On Dec. 10, the Biden administration released its Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and into 2022. ABC has prepared a summary of the actions of interest to ABC members by agency. 

New Guidance on Federal Contractor COVID-19 Vaccination Mandate; What’s Next for the OSHA ETS and CMS Mandate

Courts have blocked three different federal COVID-19 vaccination mandates issued under the Biden administration. Since the court orders staying the different federal mandates are at this time only preliminary, it is premature to say the threat posed by the federal mandates is past. It appears the mandates will be at a minimum delayed, but there will inevitably be appeals, perhaps up to the Supreme Court. There are also many private, state and local mandates that are not affected by these court rulings.

ABC’s New Hampshire/Vermont Chapter Announces New Registered Carpentry Apprenticeship Program

ABC’s New Hampshire/Vermont Chapter recently partnered with the New Hampshire Home Builders Association, ApprenticeshipNH and Manchester Community College to create a registered carpentry apprenticeship program approved by the U.S. Department of Labor. The program is desperately needed to help address the shortage of carpenters in the state. 

ABC Wins Key Nationwide Challenge Against Federal Contractor Vaccine Mandate

On Dec. 7, ABC applauded a Georgia federal court for granting a nationwide preliminary injunction order against the federal contractor vaccine mandate.

NDAA Bill Passes House Without ABC-Opposed Labor Provisions

On Dec. 7, the House of Representatives passed a finalized version of the $768 billion National Defense Authorization Act by a vote of 363 to 70. The compromise bill, negotiated by the House and Senate Armed Services Committees, incorporates elements of the version that passed the House in September and legislation approved by the Senate Armed Services Committee in July.

Forty-Five Members Earn AQC Credential in 2021

The Accredited Quality Contractor program recognizes and honors construction firms that document their commitment to excellence in five key areas of corporate responsibility: quality; safety; craft and management education; talent management, including inclusion, diversity and equity; and community relations. A company that meets the criteria set forth in the program and has earned Gold, Platinum or Diamond status in ABC’s STEP Safety Management System is formally designated an Accredited Quality Contractor.

DOL Extends Comment Period on Heat Injury and Illness Prevention Rulemaking

On Dec. 2, the U.S. Department of Labor’s Occupational Safety and Health Administration extended the period for submitting comments on its Advance Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings by 30 days, to Jan. 26, 2022. This will begin the process to consider a heat-specific workplace rule, which will affect contractors who work in extreme heat. The ANPRM was originally published in the Federal Register on Oct. 27.

ABC Expands Construction Careers Through POWER Initiative

ABC’s Eastern Pennsylvania Chapter recently expanded into Philadelphia by developing the Philadelphia Opportunity & Workforce Education Resource Initiative, which aims to reach “Every Philadelphian, from every neighborhood” and promote the pathways to becoming a construction craft professional. The POWER initiative will also create long-term growth opportunities for individuals, communities, ABC members and the city of Philadelphia.

Courts Block Three Federal COVID-19 Vaccination Mandates

Recently, courts have blocked three different federal vaccination mandates issued under the Biden administration. Read the important developments on the federal contractor, Centers for Medicaid and Medicare Services and Occupational Safety and Health Administration vaccination mandates.