Author: agcnews

In April, the Occupational Safety and Health Administration (OSHA) issued updated COVID-19 FAQs related to contractor vaccine policies. The FAQs established that when vaccination is mandated by employers, adverse reactions related to employees receiving the vaccine are a recordable injury/illness, and, in some cases, may be recordable even when contractors only recommend, or encourage, employees receive the vaccine (for background, click here). On May 12, AGC put forth its concerns to OSHA. On May 21, OSHA issued a single FAQ stating that “DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to…

The National Labor Relations Board (“NLRB” or “Board”) has decided to maintain its longstanding contract-bar doctrine, despite AGC-supported signals by the Board that changes would be coming. The contract-bar doctrine generally precludes a union representation or decertification election during the term of a legitimate 9(a) collective bargaining agreement for up to a three-year term. During this “contract bar” period, the Board will dismiss representation petitions unless filed during the 30-day period that begins 90 days and ends 60 days before the agreement expires. Last year, the Board invited interested parties to submit amicus briefs in the Mountaire Farms case to provide input…

Union contractors, labor representatives, and other stakeholders in the unionized sector of the construction and maintenance industry expressed continued but reduced optimism regarding growth in early 2021 as compared to early 2020, according to the 2021 Union Craft Labor Supply Study recently released by The Association of Union Constructors (TAUC) and the Construction Labor Research Council (CLRC). “Last year, this study occurred just prior to the advent of the Coronavirus pandemic. This year, the data reflect nearly a year of living with the pandemic,” the report explains. “Thus, the results from last year’s study compared to this year provide a clean ‘before…

Learn more at July 20-22 virtual conference, free to AGC members The U.S. Environmental Protection Agency (EPA) has proposed an update to its National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) covering stormwater discharges from construction activities. EPA has also released a proposed 2022 CGP Fact Sheet, which includes a summary table of some of the changes. Forty-seven states use EPA’s permit as a model for their own permits, so its impact extends beyond the three states (New Hampshire, New Mexico, and Massachusetts), territories and other areas that use it exclusively. The proposed changes include clarifications on— EPA is also requesting…

Texas and Louisiana Have Worst Job Losses Since February 2020, While Utah and Idaho Top Gainers; Illinois and New Hampshire Add the Most in April, as Texas and Iowa Posts Biggest Monthly Losses Construction employment in April remained below the pre-pandemic high set in February 2020 in 36 states and the District of Columbia, despite increases from March to April in 26 states, according to an analysis by the Associated General Contractors of America of government employment data released today. Association officials said that the sector’s recovery was being undermined by increases in materials prices, delays in receiving key construction supplies and labor…

On May 20, the Federal Highway Administration (FHWA) released a new initiative to permit, on an experimental basis, contractors to utilize geographic, economic, or other hiring preferences on federal-aid highway projects. This “local hire” initiative will be carried out as a pilot program for a period of 4 years (unless extended) under FHWA’s existing experimental contracting authority. AGC is broadly opposed to local hire preference policies. After yesterday’s pilot program release, AGC CEO Steve Sandherr stated, in part: “[T]he problem with local hire programs, however, is that they solve the symptom and not the problem…too many communities have defunded their career and technical…

In late April, the Occupational Safety and Health Administration (OSHA) issued updated COVID-19 FAQs related to contractor vaccine policies. Consistent with the Center for Disease Control and Prevention (CDC) messaging, contractors have been recommending—and in some instances mandating—employees receive the vaccine. OSHA’s new interpretation of recordability stemming from adverse reactions to the COVID-19 vaccine when contractors mandate employees take the vaccine, or simply recommend it, has the potential to deter vaccination efforts. AGC is not opposing the requirement for contractors that—at their own discretion—mandate employee vaccination to record adverse reactions on their OSHA 300 Log. However, AGC is concerned when construction owners…

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) finalized its recent proposal to officially withdraw a Trump administration final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The previous final rule originally was to be effective on March 8, 2021. However, a recent proposal delayed that date to allow the agency “the opportunity to review and consider the questions of law, policy, and fact raised by the rule[s].” The withdrawal is effective immediately without any replacement or new guidance and employers are advised to rely on past court decisions and WHD guidance to determine…

On this episode, Josh Levy of Document Crunch, Paul James of BOND Brothers and Brian Perlberg of ConsensusDocs dive deep into how AI and Machine Learning are being used to assess contract risk and inform approaches to construction risk management. They discuss finding the right balance using technology versus operational discretion when bidding contracts, negotiating contracts, administrating projects, and managing insurance compliance. Hear their first-hand experiences on how AI powered contract review software for the construction industry can reduce costs, improve efficiencies and lead to a better industry understanding of what is fair and considered a best practice. Guests:Josh Levy,…