Would Rescind E-Submittal of OSHA Forms 300 and 301
On July 27, the Occupational Safety and Health Administration (OSHA) issued a notice of proposed rulemaking to amend the 2016 recordkeeping rule. This proposal would rescind a requirement that contractors with 250 or more employees electronically submit detailed information from their OSHA Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report), a requirement from which smaller contractors were already exempted.
OSHA cited the need to protect sensitive worker information from disclosure under the Freedom of Information Act (FOIA), the cost to the agency to collect and utilize the information, and the burden on contractors to comply with the current rule as justification for the proposed amendments.
What the proposal does not address are the anti-retaliation interpretations related to safety incentive programs, disciplinary programs, and post-incident drug testing policies. These interpretations continue to be of concern and AGC will again submit comments strongly recommending the agency reconsider their position.
For more information please contact Kevin Cannon at (703) 837-5410 or [email protected].

Congress Passes the National Defense Authorization Act
On August 1, the Senate passed the fiscal year 2019 National Defense Authorization Act by a vote of 87-10, sending the defense bill to the president to sign into law. The bill includes the AGC-backed bipartisan legislation requiring federal agencies to publish their change orders policy and procedures on any small federal construction contract (see Sec. 855 of conference report). This legislation provides prospective federal construction contractors with the information they need to factor into their bids and offers the risk and resulting cost of delayed payment for change.  Once signed into law, the changes will need to go through the rulemaking processes.
Some other notable provisions in the bill that are important to AGC members include:

• Sec. 816 - Inclusion of best available information regarding past performance of subcontractors and joint venture partners.  This section allows for past performance ratings for each partner of a joint venture when awarding Department of Defense contracts.


• Sec. 880 - Use of lowest price technically acceptable source selection process.  This section further limits federal agencies from using this process and requires agencies to adequately describe the minimum requirements for what amounts to “technically acceptable” in the procurement.


• Sec. 878 - Procurement administrative lead time definition and plan.  Requires a government-wide definition of Procurement Administrative Lead Time (PALT) and requires federal agencies to work with the Department of Defense and the General Services Administration to develop a plan for measuring and reporting on PALT.


• Sec. 933, 934, 936 – Expediting the backlog of Security Clearances.  These provisions are designed to expediate the backlog of nearly 700,000 background investigations and security clearances for agency and contract personnel.  It will also require regular and transparent reports on the progress of these investigations.

For more information, contact [email protected] or (703) 837-5368.

The Associated General Contractors of America Political Action Committee, also known as the AGC PAC, announced today that it has endorsed Rick Scott for the United States Senate. AGC PAC officials said they are supporting the governor's campaign because of his pro-growth economic record.
“Congress needs serious leaders who will work hard to find solutions to our nation’s most pressing issues,” said Stephen E. Sandherr, treasurer of AGC PAC. “Governor Scott has a proven track record of lowering taxes and removing regulatory burdens to help create jobs, encourage innovation, and promote economic growth. His experience as a businessman and public servant will make him an effective voice for the construction industry in the United States Senate.”
In addition to endorsing Gov. Scott, AGC PAC has contributed the maximum amount of $10,000 to his Senate campaign. AGC PAC is encouraging Florida AGC members to help turn out the construction vote in support of the governor on November 6.
“Governor Scott has worked tirelessly for Floridians. The governor will take his experience to Washington where he will proactively address challenges faced by contractors and work hard to identify ways to invest in infrastructure and workforce development," said Michelle Anaya Depotter, AGC Florida East Coast Chapter CEO. "The governor played an integral role in Florida’s economic recovery after the Great Recession. The work ethic and business acumen that helped him guide our state will serve him well as our next senator,” added Carlos Carrillo, executive director of the AGC South Florida Chapter.
AGC is the leading association for the construction industry, with hundreds of member companies in Florida, representing general and specialty contractors, service providers, and suppliers. This endorsement comes from AGC PAC, the national association’s political action committee.

October 17-19 in Arlington, VA, Just a Few Seats Left!
This unique three–day course provides construction safety and health professionals with the next–level knowledge required to successfully manage a company–wide safety program. Moving beyond the basics of Focus Four training, AGC’s Advanced Safety Management Training Program will give participants a more holistic view of safety’s role in project and company success, as well as advanced tactics and best practices for managing all aspects of a corporate safety program. Participants will also focus on the importance of "selling" safety throughout the organization and methods to generate buy–in from different audiences. Full details on the course and links to registration can be found here.

Early Bird Rates End August 14
Each October, construction industry professionals in HR, training and workforce development gear up for the industry’s premier learning and networking event, AGC’s Construction HR & Training Professionals Conference, and this year is no different.  The 2018 event will be held October 10-12, at The Worthington Renaissance Forth Worth Hotel, in Fort Worth, TX.
This year’s Conference will kick-off on the afternoon of Oct. 10 with a pre-conference Federal Construction HR Workshop.  Designed to help staff responsible for compliance on federal and federally assisted projects, the workshop provides practical information and best-practice advice from experts and peers experienced in the area.
AGC's “HR/TED Conference” provides two days of education and networking for HR, training, and workforce development professionals in the construction industry. Educational sessions for training professionals cover the most cutting-edge techniques in training and development currently in use and envisioned for the future in the industry. The HR sessions help HR professionals in the industry remain up to date and compliant with employment laws and best practices. Some sessions interest both HR and training professionals alike.
General and specialty contractor staff, AGC chapter staff, and other professionals involved in workforce and professional development, education, human resources and training are invited to attend. Attendees will also earn HRCI credits.
For more information, contact Claiborne Guy at 703-837-5382 or [email protected].

Apply for AGC’s Diversity & Inclusion Awards by October 15
AGC of America is now accepting applications for its 2019 AGC Diversity & Inclusion Awards program. AGC will present a total of six awards in three award categories: 1) Diverse Business of the Year, 2) Diversity & Inclusion Excellence Awards, and 3) Chapter Diversity & Inclusion Award. These awards seek to raise awareness of the value that a diverse workforce and inclusive environment brings to a company by spotlighting diversity and inclusion champions within AGC. By recognizing these diversity and inclusion champions, AGC hopes to inspire other AGC member-companies to engage in activities that will promote diversity and inclusion both within the Association and the industry.
AGC member companies and chapters in good standing who meet the competition requirements are encouraged to apply online for some much-deserved recognition. Apply by October 15, 2018. Learn more about AGC of America’s Diversity & Inclusion Awards program at www.agc.org/diversityawards.
For more information, contact Brynn Huneke at [email protected] or (703) 837-5376.

Encourages Federal Construction Agency Transparency and Reporting
The recently released fiscal year (FY) 2019 National Defense Authorization Act (NDAA) Conference Report includes the AGC-backed bipartisan legislation that will require federal agencies to publish their change orders policy and procedures on any small business federal construction contract (see Sec. 855 of conference report). This legislation provides prospective federal construction contractors with the information they need to help factor into their bids and offers the risk and resulting cost of delayed payment for change order work.  The House of Representatives passed the FY 2019 NDAA on July 26 before leaving Washington, D.C. for the August recess. The Senate is expected to pass the legislation sometime before the end of the year.
This legislation is a product from a congressional hearing where AGC members testified before the House Small Business Committee on change order delays and the impacts it has on federal construction contractors. The Senate is expected to pass the NDAA in the coming months.  Once signed into law, this new transparency requirement will need to go through the rulemaking process.
AGC continues to be at the forefront in advocating for greater accountability of the change order process among the various federal agencies.  AGC has previously called on the Federal Acquisition Regulation Council to improve the data federal agencies collect regarding the administration of change orders in response to the Council’s information request. AGC’s recommendations would require federal agencies to collect a range of data regarding the timeliness of action by the contracting officer to encourage greater accountability.
For more information, contact [email protected] or (703) 837-5368.

Last week, the Fish and Wildlife Service (FWS) and National Oceanic and Atmospheric Administration (NOAA) proposed streamlining updates to multiple sections of the Endangered Species Act (ESA).  In addition, the U.S. Senate Environment and Public Works Committee is considering an AGC-supported discussion draft of a new bill to amend the Act.  AGC is optimistic the measured reforms in the proposals and in the discussion draft of the bill could lead to greater certainty in the permitting process, without compromising the success of threatened or endangered species.
The three regulatory proposals take some of the steps that AGC has recommended to streamline the Act.  For example, the proposals address the need to assess protections for threatened species individually, prioritize occupied habitat, and make efficiencies in the consultation process such as possible deadlines.  AGC will submit written responses in advance of the comment deadlines on September 24, 2018 (see Federal Register, July 25, 2018, for all three notices).
For more information, contact Melinda Tomaino at [email protected] or (703) 837-5415.

AGC Participates in White House Event to Sign Job Training Pledge
On July 19, the President signed an Executive Order that establishes the President’s National Council for the America Worker. The council will help develop a national strategy for job training programs with guidance from an advisory board of private sector and government representatives to help ensure the programs being taught in classrooms and workplaces are needed. The EO also included a pledge by companies and associations to educate, train and upskill workers through apprenticeships and on-the-job training. AGC was among organizations signing the pledge through our existing AGC chapter training programs, AGC of America safety training and our other training programs.
For more information, contact Jim Young at [email protected] or (202) 547-0133.

Registration is Open!
The major issues that will impact contractors involved in the highway, transportation and utility construction markets will be addressed as part of the Joint Contractors Conference scheduled for Sept. 29 – Oct. 1 in Crystal City, Virginia (DC area). Transportation Secretary Elaine Chao has been invited to discuss President Trump’s infrastructure and regulatory reform agenda. Other issues covered will include:

• Washington Outlook: Elections, Funding, Infrastructure, Regulatory Reform


• Controlling the Shift in Ownership of Non-Traditional Risk


• Robotics: The Next Big Innovation in Construction


• New Developments in Tunneling Technology


• AGC’s Underground Utility Damage Prevention Program


• Challenges and Solutions Building Washington’s South Capitol Street Bridge

A special feature will be an interactive collaborative project with members of AGC’s Construction Leadership Council.
For more information and to register, visit http://meetings.agc.org/JCC/.