Author: agcnews
Artificial intelligence or AI is causing significant disruption in the construction industry and our world. However, in the context of construction law, contracts, and risk management, the abbreviation “AI” refers (first and foremost and for purposes of this article) to additional insured (AI). Obtaining coverage as an additional insured is part of the foundation for insurance coverage and legal defense against claims in construction. AI status allows upstream parties to access downstream parties’ insurance coverage directly and request that the insurance carrier provide a defense. This article highlights the importance of appropriately tailoring AI coverage obligations in your contracts and…
The Occupational Safety and Health Administration (OSHA) has notified the Small Business Administration (SBA) that it intends to convene a Small Business Advocacy Review (SBAR) panel, also known as a “SBREFA” panel, on a possible heat standard in the next sixty (60) days – on or about August 21, 2023. OSHA will host a series of video conferences with Small Entity Representatives (SERs) selected from the potentially regulated sectors in the September 2023 timeframe. Once all conferences are complete, the panel will conclude with a final report to the head of OSHA. Click HERE to learn more. AGC is working with its…
Construction employment increased in 230, or 64 percent, of 358 metro areas between May 2022 and May 2023, according to an analysis by the Associated General Contractors of America of new government employment data. Association officials cautioned, however, that it is getting harder for firms to find workers as the unemployment rate for the construction sector continues to fall. “While nearly two-thirds of metro areas added construction jobs in the last 12 months, the total would have been higher if contractors could find qualified workers,” said Ken Simonson, the association’s chief economist. “But with a construction unemployment rate in May of only 3.5…
In testimony on June 22, the U.S. Army Corps of Engineers announced plans to revise “expeditiously” the 2023 waters of the United States (WOTUS) Rule—hinting that the administration will skip the proposed rule stage and instead promulgate a final rule. It is unclear whether the agencies will provide for public comment. The Corps also publicly acknowledged the hold on approved jurisdictional determinations (AJD) that members and project owners have reported nationwide. The agencies intend to hold back on issuing AJDs until after the final rule is released—the full extent of the hold is not clear. (The testimony is at the…
On June 22, 2023, AGC of America joined an alliance of trade organizations, labor unions, and industry stakeholders that partnered with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) with the goal of helping small- and medium-sized employers protect workers from hazards related to trenching, excavation, and shoring. The two-year agreement between OSHA and the Partners for Safe Trenching and Excavation Operations Alliance will also focus on the four leading construction industry hazards, namely falls, caught-in or caught-between, struck-by objects, and electrocution. In addition, alliance participants will share information on how to improve controls and equipment to reduce worker…
On this episode of ConstructorCast, we spotlight success stories and provide actionable strategies for creating a more diverse and inclusive future within the construction industry. You’ll hear from our guest host, Jorge Quezada, and two winners of this year’s AGC Diversity & Inclusion awards program – Brad Lewis of Hensel Phelps and Judith Monrouzeau of Bermúdez Longo Díaz Massó (BLDM). They will share how they approached the application, what the recognition means to them and their companies, and how they are learning and getting better from the process. Listen now!
America’s workforce is facing a challenge with over 23% of skilled professionals nearing retirement, but we can solve it together. A few weeks ago AGC of America and Carolinas AGC were able to bring the #BeProBeProud truck to Washington DC, paving the way for a new generation of skilled workers. Check out the video to see what the truck has to offer and visit beprobeproud.org to bring it to your state!
The U.S. Department of Labor’s (DOL) Wage and Hour Division recently published Field Assistance Bulletin (FAB) No. 2023-2, Enforcement of Protections for Employees to Pump Breast Milk at Work. This bulletin is intended to provide enforcement support and public guidance regarding the application and requirements of the Providing Urgent Maternal Protections for Nursing Mothers Act (or PUMP Act). Effective December 29, 2022, under the Fair Labor Standards Act (FLSA), as amended by the PUMP Act, nearly all FLSA-covered employees have the right to reasonable break time and a private space while at work to express breast milk for a nursing child…
Four Things Employers Need to Know A highly anticipated decision by the National Labor Relations Board (NLRB or Board) makes it significantly harder for companies to classify their workers as independent contractors. The Board’s June 13 decision in The Atlanta Opera reverts to a broader independent contractor standard that was established during the Obama administration in 2014 — which means more workers will again be considered “employees” under federal labor law. What are the top four things employers need to know about this development? 1. How Did We Get Here? Like many other legal standards enforced by the NLRB, the independent contractor test has…
Construction employment increased in 42 states and the District of Columbia in May from a year earlier, while only 24 states added construction jobs from April to May, according to a new analysis of federal employment data released by the Associated General Contractors of America today. Association officials said firms are struggling to find new workers amid a lack of funding for construction education programs, keeping monthly employment gains lower in many parts of the country. “Contractors remain busy nationwide, with bulging order books for future work,” said Ken Simonson, the association’s chief economist. “But they are having trouble filling job openings when…