On Oct. 6, ABC commented on the U.S. Department of Transportation's proposed rule: Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations. The comments welcomed the Federal Aviation Administration's proposed Part 108 as a framework for beyond visual line of sight operations and highlighted the critical role of UAS in construction, emphasizing their positive impact on safety, efficiency, and the construction workforce. In addition, ABC urged the FAA to consider revisions to the proposal's sections on Shielded Operations Near Structures and Population Density and LandScan Categories to better reflect the construction industry's operating environment. See the comments here.

On Oct. 1, the ABC-led Coalition for a Democratic Workplace sent a letter to members of the U.S. House urging them to oppose the Faster Labor Contracts Act. “Parties would have no recourse against the government or arbitrators if the mandated contract terms result in company bankruptcy or closure, and neither the federal government nor arbitrators are equipped to set terms for private parties to a contract,” the letter reads. “Under the bill, workers would effectively be shut out of the negotiation process and forfeit their right to vote for or against the contract.”

On September 16, Rep. Pete Stauber introduced the ABC-opposed FLCA in the House, an effort to strip workers and employers of their right to freely negotiate workplace conditions. Specifically, the FLCA imposes a 10-day time period for an employer and union to begin negotiating following a representation election as well as a requirement that a bargaining agreement be finalized in 90 days. The consequences for not obtaining such an agreement will likely be mandatory, binding arbitration, which will allow the federal government to set the terms of private contracts without the input or consent from the employees, employers or unions involved. For more information, read ABC’s press release.

On September 17, the U.S. House Committee on Education and Workforce passed the ABC-supported H.R. 2844, Michael Enzi Voluntary Protection Program Act, authored by Rep. Diana Harshbarger, R-Tenn. ABC joined with more than 30 organizations in the Coalition for Workplace Safety to support H.R. 2844.

The bill makes permanent the U.S. Occupational Safety and Health Administration’s Voluntary Protection Program and requires the agency to allocate a minimum of 5% of its annual budget to the program. ABC believes that encouraging collaborative partnerships between the regulated community and OSHA such as VPPs, is a win-win approach as they benefit both parties by improve compliance efficacy, reduce financial and administrative costs for both parties, and strengthen trust and transparency between the agency and the private sector.

On July 16, Kevin Sell, senior manager of corporate development at ABC member Kwest Group, Perrysburg, Ohio, testified on behalf of ABC before the U.S. House Committee on Education and Workforce Subcommittee on Workforce Protections at the hearing, “Safe Workplaces, Stronger Partnerships: The Future of OSHA Compliance Assistance,” in support of support H.R. 2844. Watch the hearing and read Sell’s full testimony.

The bill now awaits consideration on the House floor.

On Sept. 15, ABC joined a diverse coalition of over 40 trade groups and associations in a letter to Congress opposing the Warehouse Worker Protection Act. “The WWPA would impose long discarded and unworkable regulations on warehouse distribution centers, curtail employers’ due process rights when challenging citations from OSHA, and hamstring a critical part of our national supply chain,” the letter reads. “Despite its narrow sounding title, the legislation would impact workplaces in nearly every industry sector nationwide. Protecting workers is a priority for all employers, but this bill would only impede efficient operations without improving workplace safety.”

On Sept. 10, the House Committee on Natural Resources held a legislative hearing on H.R. 573, the Studying NEPA’s Impact on Projects Act, H.R. 4503, the ePermit Act, and H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act. Ahead of the hearing, ABC sent a letter to the committee in support of the bills, which streamline the permitting process and provide greater transparency for the construction industry, project developers and the public.

The House Natural Resources Committee is seeking nationwide support for the SPEED Act, introduced by Committee Chair Bruce Westerman, R-Ark., and Rep. Jared Golden, D-Maine. The legislation would codify NEPA’s intent is to prescribe the necessary processes rather than mandate particular results, narrow the scope of NEPA review, clarify that federal funding and assistance should not be the determinant of whether an agency action is determined to be a “major Federal action,” and set reasonable timelines for filing judicial review claims. These reforms would reduce permitting delays and the potential for activist groups to block projects they oppose through excessive delays that can ultimately lead to project cancellations, providing project sponsors and contractors with increased certainty that enables them to plan and invest with confidence.

Please contact [email protected] if your chapter is interested in writing Congress in support of the legislation.

House Committee Considers NEPA Reforms

On Sept. 10, the House Committee on Natural Resources held a legislative hearing on H.R. 573, the Studying NEPA’s Impact on Projects Act, H.R. 4503, the ePermit Act, and H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act. Ahead of the hearing, ABC sent a letter to the committee in support of the bills, which streamline the permitting process and provide greater transparency for the construction industry, project developers and the public.

The House Natural Resources Committee is seeking nationwide support for the SPEED Act, introduced by Committee Chair Bruce Westerman, R-Ark., and Rep. Jared Golden, D-Maine. The legislation would codify NEPA’s intent is to prescribe the necessary processes rather than mandate particular results, narrow the scope of NEPA review, clarify that federal funding and assistance should not be the determinant of whether an agency action is determined to be a “major Federal action,” and set reasonable timelines for filing judicial review claims. These reforms would reduce permitting delays and the potential for activist groups to block projects they oppose through excessive delays that can ultimately lead to project cancellations, providing project sponsors and contractors with increased certainty that enables them to plan and invest with confidence.

Please contact [email protected] if your chapter is interested in writing Congress in support of the legislation.

On Sept. 10, the House Committee on Small Business's Subcommittee on Contracting and Infrastructure held the hearing, Leveling the Playing Field: Fostering Opportunities for Small Business Contractors. Ahead of the hearing, ABC sent a letter to the committee, noting the construction industry's high concentration of small businesses and role in building America's infrastructure. The letter expressed concern with President Donald Trump's decision to continue the Biden administration's project labor agreement mandate and urged the President to reverse course, end government-mandated PLAs and implement a policy that supports fair and open competition in the federal procurement process.

On Sept. 2, ABC submitted comments in support of the U.S. Department of Labor’s proposed rule to end discrimination and streamline rules for registered apprenticeships, Prohibiting Illegal Discrimination in Registered Apprenticeship Programs. For more information, see ABC’s Newsline article.

July 24, the U.S. Senate Committee on Health, Education, Labor & Pensions advanced three labor nominees by a party-line vote of 12-11. The nominations will now move to the Senate floor for a final vote at a later date.  

• David Castillo to serve as Chief Financial Officer, Department of Labor  
• Brittany Panuccio to serve as a Member, Equal Employment Opportunity Commission 
• Jonathan Snare to serve as a Member, Occupational Safety and Health Review Commission 

Ahead of the vote, the ABC-led Coalition for a Democratic Workplace along with 11 employer organizations, including ABC, sent a letter to the committee expressing strong support for Brittany Panuccio to serve on the EEOC.

On July 23, the U.S. Senate Committee on Environment and Public Works Subcommittee on Transportation and Infrastructure held a hearing titled, “The Road Ahead: Proposals to Improve America’s Transportation Infrastructure.” Ahead of the hearing, ABC sent a letter to the committee calling on them to prioritize fair and open competition and an all-of-the-above approach to workforce development as it crafts the Surface Transportation Act reauthorization.

On July 23, the U.S. House Committee on Education and the Workforce held a markup of legislation that supports independent contractors and clarifies the joint employer standard. Ahead of the hearing, ABC sent letters of support to the committee for three key bills, all of which were reported favorably for a full House vote:

• The Modern Worker Empowerment Act (H.R. 1319) provides clarity for workers and businesses by establishing a common-sense definition for independent contractor status across federal law. H.R. 1319 passed in a 19-16 vote. See ABC’s letter of support.
• The Modern Worker Security Act (H.R. 1320) clarifies that independent workers can participate in innovative programs designed to connect them with portable, work-related benefits without fear of potentially jeopardizing their independent contractor status under federal law. H.R. 1320 passed in a 19-16 vote. See ABC’s letter of support.
• The Save Local Business Act (H.R. 4366) would amend the National Labor Relations Act and the Fair Labor Standards Act to clarify that an entity is only a joint employer if it directly and immediately exercises meaningful control over workers’ essential terms and conditions of employment. H.R. 4366 passed in a 20-16 vote. See the ABC-led Coalition for a Democratic Workplace letter of support here and ABC’s statement on the bill here.