Author: agcnews

Grappling with the maze of marijuana laws and your company policy? On this episode, Bill Judge of Drug Screening Compliance Institute talks about considerations for employers to create and enforce drug-testing policies that are consistent with the laws in all of the states in which they operate – as well as best practices for addressing safety-sensitive roles. Guest:William J. Judge, JD, LL.M.Drug Screening Compliance Institutebjudge@drugscreeningci.comwww.askbilljudge.com Resources:At the federal level, marijuana is listed as a Schedule I drug (www.dea.gov/drug-information/drug-scheduling) under the Controlled Substances Act. Many federal contractors and all federal grantees are required by law to establish and maintain a drug-free…

AGC goes to the U.S. Supreme Court to defend the practice of pre-bid interaction between public owners and contactors that ultimately leads to better RFPs and projects. AGC of America, with support from AGC of New York State, filed an amicus brief at the U.S. Supreme Court on September 6 to protect the legal and recommended practice of pre-bid interactions between contractors and public owners, prior to a formal solicitation or request for proposals (RFP). The case involves a criminal conviction based on the “right to control” legal theory of fraud where a contractor provided significant input pre-bid for development projects in…

Grappling with the maze of marijuana laws and your company policy? On this episode, Bill Judge of Drug Screening Compliance Institute talks about considerations for employers to create and enforce drug-testing policies that are consistent with the laws in all of the states in which they operate – as well as best practices for addressing safety-sensitive roles.Guest:William J. Judge, JD, LL.M.Drug Screening Compliance Institutebjudge@drugscreeningci.comwww.askbilljudge.com Resources:At the federal level, marijuana is listed as a Schedule I drug under the Controlled Substances Act. Many federal contractors and all federal grantees are required by law to establish and maintain a drug-free workplace policy. In addition, some…

Construction employment increased in 246 or 69 percent of 358 metro areas between August 2021 and August 2022, according to an analysis by the Associated General Contractors of America of new government employment data. But association officials noted the job gains likely would have been higher if firms could find more qualified people to hire and train. “While roughly two-thirds of metro areas added construction jobs in the past year, the number would be still higher if contractors could find enough qualified workers,” said Ken Simonson, the association’s chief economist. “The record number of construction job openings and ultra-low unemployment rate for workers…

AGC has the latest on Senator Joe Manchin’s (D-W.Va.) legislation for his long-awaited permitting reform for energy infrastructure, as the clock ticks towards another government shutdown. AGC previously reported that Senator Shelley Moore Capito (R-W.Va.) introduced the Simplify Timelines and Assure Regulatory Transparency (START) Act, which is supported by most Republican Senators but does not appear to have a path to passage. On September 21, Senator Joe Manchin (D-W.Va.) introduced legislation (summary) his long-awaited permitting reform for energy infrastructure. Some highlights of the legislation include: The legislation will be attached to a continuing resolution that must be passed before the end of the month to…

Objections Deadline Now October 19, 2022 The Office of Federal Contract Compliance Programs (OFCCP) has granted an extension for federal contractors to object to the release of their EEO-1 data. The new deadline is October 19, 2022. With the deadline still looming, Alissa Horvitz of the law firm Roffman Horvitz provided AGC of America a guide for contractors covered by this FOIA request to follow as they consider their options and potentially object to their particular company’s EEO-1 release. Objection guide can be found here. In case you missed it, the Office of Federal Contract Compliance Programs (OFCCP) is offering all federal government contractor organizations…

Do the risks outweigh the benefits of using prefabricated construction on your next project? ConsensusDocs recently held a webinar and emphatically concluded that, yes, the benefits far outweigh the risk so long as you have the right contractual tools to address the many small and large issues that arise when using prefabrication. In addition, new proposed federal rules may change how off-site work is treated under Davis-Bacon and the application of prevailing wages. However, the trend toward prefabrication, especially in a post-Covid-19 outbreak construction world, will undoubtedly continue. It was also announced that ConsensusDocs is preparing for publication a prime-level…

Construction employment climbed in 31 states from July to August, according to a new analysis of federal employment data released by the Associated General Contractors of America today. The gains come even as the vast majority of contractors report they would have added more workers if they could find them, according to a survey the association released at the end of August. Association officials urged government officials to invest in new construction focused education and training programs to get more people into the industry. “Despite an overall rise in construction employment, too many openings remained unfilled due to a lack of qualified…

Associated General Contractors of America to Release Series of Mental Health PSAs, Host Quarterly Mental Health Forums and Assemble Resources for Firms to Use with their Workers The Associated General Contractors of America is launching a new effort to combat high suicide rates and improve mental health among the industry’s workers, the trade group announced today. The new effort, which the association is launching as part of its support for suicide prevention month, is designed to address the high rate of suicide among construction workers. “We cannot stand by while a silent epidemic of suicide takes place within our industry,”…

On September 6, 2022, AGC submitted a letter raising concern about the U.S. Environmental Protection Agency’s (EPA) intent to prohibit and restrict certain areas from disposal sites for the Pebble Mine under the Clean Water Act (CWA) section 404(c)—commonly referred to as EPA’s veto authority. The permit in question is currently undergoing an administrative appeal following the U.S. Army Corps of Engineers’ denial. EPA’s preemptive veto of the permit would set a harmful precedent for future projects working through the permitting and/or appeals process and have a chilling effect on infrastructure development. EPA recently announced that it would continue to evaluate responses to the Pebble…