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LATEST NEWS

Ready to Comply with OSHA’s Silica Rule in June?

AGC Provides Educational Materials for Contractors
Beginning on June 23, 2017, contractors must comply with the U.S. Occupational Safety and Health Administration’s respirable crystalline standard for construction.  To help educate AGC members, AGC has developed the “Respirable Crystalline Silica in Construction” webpage designed to provide contractors with a better understanding of what is expected of them from OSHA.
The information on the page includes the following:


The standard – finalized on March 25, 2016 – provides a comprehensive and complex regulatory scheme for protecting construction workers from exposure to respirable crystalline silica containing dust.  The scope of the standard applies to all occupational exposures to respirable crystalline silica and significantly lowers the permissible exposure limit (PEL) from 250 micrograms/m3 to 50 micrograms/m3.  In addition to the new PEL, contractors will also have to comply with a host of ancillary provisions such as respiratory protection (when required by the standard), housekeeping, medical surveillance, and recordkeeping.
AGC staff will continue to develop additional materials so check back periodically to see what’s new.
For more information, contact Kevin Cannon at cannonk@agc.org or (703) 837-5410. 

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Federal Regulatory Freeze Ends

AGC Updates on Major Regulations/Executive Orders
On March 22, the federal regulatory freeze put in place by the Trump administration since January 20 came to a close. As a result, federal agencies will look to move ahead with their regulatory agendas by proposing new regulations and finalizing ones in the cue. However, over the last 60 days, the president has issued several executive orders calling for the elimination of two regulations for each new regulation and the establishment of deregulatory task forces at each agency.
How agencies’ regulatory operations will work in conjunction with these new executive actions is yet to be seen. It is unlikely that the flood gates of new regulations will be open with the end of the regulatory freeze. Similarly, deregulatory actions will also take time to undertake. There are still many agency heads that have not been confirmed by the Senate, and many others continue to review pending or recent regulations.
AGC continues to take action on the regulatory front and has detailed analysis and updates on major regulations and executive orders impacting—or potentially impacting the construction industry. For the latest on the 2017 Regulatory Road Ahead, click here. For the latest on President Trump’s Executive Actions/Orders, click here.
For more information, contact Jimmy Christianson at 703-837-5325 or christiansonj@agc.org.

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AGC Pushes for Increased Airport Construction

AGC sent a letter to the Senate Commerce Subcommittee on Aviation Operation, Safety, and Security Chairman Roy Blunt (R-Mo.) and Ranking Member Maria Cantwell (D-Wash.) expressing our support for increasing funding for the Airport Improvement Program (AIP) and lifting the cap on the Passenger Facility Charge.  The letter was submitted to the subcommittee as part of their hearing “FAA Reauthorization: Perspectives on Improving Airport Infrastructure and Aviation Manufacturing.”
In addition, AGC shared our support for increasing the Disadvantaged Business Enterprise (DBE) size standard for businesses participating in the AIP DBE programs and for the use of state pavement specifications on small airport construction jobs.
AGC will continue to ensure that the upcoming Federal Aviation Administration reauthorization includes pro-construction policies and provides increased investment for airport infrastructure
For more information, contact Sean O’Neill at oneills@agc.org or (202) 547-8892.

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AGC Calls for Review and Rejection of New EEO-1 Report

On March 17, AGC and industry allies called for the Trump administration to review and reject the Equal Employment Opportunity Commission’s (EEOC) expansion of data reporting in the new EEO-1 form. The EEOC’s revisions to the EEO-1 form do not comply with the Paperwork Reduction Act. For example, as a result of EEOC’s changes, the EEO-1 form has been expanded from 180 to 3660 data cells.  By itself, this exponential increase in the amount of solicited data speaks volumes with regard to the burdensome nature of the new EEO-1 form.
As a reminder, the EEOC announced last year that starting March 2018, it will collect summary employee wage and hours-worked data from some employers concerning employee race, sex, gender and ethnicity, among other bases.  This reporting requirement is in addition to Davis-Bacon related information reporting. Under this requirement, certain employers are required to use new EEO-1 form in March 2018, when 2017 data will be reported.  For more AGC information on this new requirement, click here. For helpful EEOC information, click here. For a sample of the new form, click here.
For more information, contact Jimmy Christianson at 703-837-5325 or christiansonj@agc.org.

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Legislation to Prohibit Government Mandated PLAs Introduced in Congress

Contact Your Members of Congress and the President 
Sen. Jeff Flake (R-Ariz.) and Rep. Dennis Ross (R-Fla.) recently introduced the AGC-supported “Fair and Open Competition Act” in both the Senate and House of Representatives, respectively. The legislation would prohibit federal contracting agencies from mandating that contractors and unions enter project labor agreements (PLAs) on direct federal projects. In addition, the bills would preserve the right of contractors and unions to voluntarily negotiate and execute project labor agreements on federal projects, if they so choose. AGC is committed to full and open competition for all public projects. Contact your members of Congress and urge them to support passage of the “Fair and Open Competition Act”. In addition, send a letter to President Trump urging him to repeal President Obama’s Government-Mandated PLA executive order.
On February 6, 2009, President Obama issued Executive Order 13502, which encourages government agencies to use PLA’s in large-scale federal construction projects where the total cost to the Government is $25 million or more. AGC strongly believes that the choice of whether to adopt a collective bargaining agreement should be left to the contractor-employers and their employees, and that choice should not be imposed as a condition to competing for, or performing on, a publicly funded project. Government mandates and preferences for PLAs can restrain competition, drive up costs, cause delays, lead to jobsite disputes, and disrupt local collective bargaining. In cases where use of a PLA would benefit a project, the construction contractors otherwise qualified to perform the work would be the first to recognize that fact and to adopt a PLA voluntarily.
For more information, contact Jordan Howard at Jordan.Howard@agc.org or (703) 837-5368.

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Agency Requests Proposals on the Southern Border Wall

The Department of Homeland Security’s (DHS) Customs and Border Protection (CBP) issued two requests for proposals (RFP) for the extension of the southern border wall with Mexico. One for a “Solid Concrete Border Wall” RFP and one for the “Other Border Wall.” Apart from the solid concrete design, both RFPs are nearly identical.
Customs and Border Protection intends to issue multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contracts. The procurement will be conducted in a two-phase process, and CBP intends to invite up to 20 offerors from among those who submitted Phase I into the Phase II proposal and evaluation process. Contractors must submit their bids before 4 pm EST on March 29.
For more information, contact Jordan Howard at Jordan.Howard@agc.org or (703) 837-5368.

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Congress Asks AGC for Guidance on Water Infrastructure

Testifies before House of Representatives
On March 9, AGC called for permit streamlining, long-term funding and timely construction execution decision making—i.e., change order decisions—by and for federal agencies involved in water infrastructure construction, including the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency. AGC member Jonathan Kernion—president of Cycle Construction Company based in Louisiana—represented the only construction industry member on the panel testifying before the House Transportation & Infrastructure Water Subcommittee on “Building a 21st Century Infrastructure for America: The Role of Federal Agencies in Water Infrastructure.”
For AGC’s Testimony, click here. For a recording of the hearing, click here.
For more information, contact Jimmy Christianson at 703-837-5325 or christiansonj@agc.org.

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Help Us Repeal OSHA Effort to Extend Statute of Limitations for Recordkeeping Violations

Senate Expected to Vote Soon
The Senate will consider repealing a rule that exposes business owners to unfair liability for honest and inadvertent paperwork mistakes related to recordkeeping. The rule – which extends the statute of limitations on recordkeeping violations from six months to five and a half years – does not improve the safety or health of your company’s workers. Contact your Senators and urge them to support swift passage of H.J.Res. 83 to stop OSHA’s abuse of authority. The House passed legislation to repeal the rule on March 1.
The rule was issued by OSHA to get around a court decision involving a construction company that challenged an OSHA citation for a recordkeeping violation issued beyond six months. Two federal courts have since rebuked OSHA’s theory for issuing recordkeeping citations after six months. This rule, issued by the Obama administration in December, directly contradicts both the courts and Congress.
For more information, contact Jim Young at youngj@agc.org or (202) 547-0133.

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AGC Meets with Transportation Secretary Chao

Prioritizes Infrastructure Investment, Regulatory Reform
AGC CEO Stephen Sandherr and members of AGC’s Congressional Relations staff met with Transportation Secretary Elaine Chao this week to discuss working with her and the Trump Administration on infrastructure investment and regulatory reform. In advance of the meeting, AGC provided a list of Transportation Department regulatory requirements, both newly imposed by the Obama Administration and some of long standing that could be abandoned or modified to speed up project delivery or ease the regulatory burden on contractors undertaking DOT-assisted projects.
On the funding front, AGC also pledged to work with the administration on an infrastructure initiative that provides needed investment in a variety of infrastructure categories. AGC suggested that providing the revenue needed to support a growing investment in highways, bridges and transit through the Highway Trust Fund should be part of the initiative. Secretary Chao said preliminary meetings on the Trump infrastructure initiative have been organized by the White House to coordinate input from the various federal agencies with some involvement in infrastructure.
For more information, contact Brian Deery at deeryb@agc.org or (703) 837-5319.

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Blacklisting Regulation Repeal Passes Congress, Moves to President

Thank You for Sending Letters to Your Members of Congress Urging Repeal
AGC and its members are on the verge of a major legislative victory: the repeal of the Blacklisting regulations, which would have implemented President Obama’s “Fair Pay and Safe Workplaces” Executive Order.  Following a concerted AGC advocacy effort in conjunction with business, the House voted for repeal with a 236-187 vote on Feb. 2 and the Senate voted for repeal on a 49-48 vote on March 9.  Take a moment to thank your members of Congress for voting to repeal the Blacklisting regulation. The legislation now moves to the president’s desk for his signature into law.
Under the blacklisting regulations, both prime and subcontractors would report violations and alleged violations of 14 federal labor laws and “equivalent” state labor laws during the previous three years, and again every six months, on federal contracts over $500,000. Prime contractors would also be responsible for evaluating the labor law violations of their subcontractors at all tiers during both contract solicitation and contract performance. A single alleged violation could lead a contracting officer to either (1) deny a prime contractor the right to compete for a federal contract; or (2) remove a prime contractor or subcontractor from an ongoing project.
For more information, contact Jimmy Christianson at 703-837-5325 or christiansonj@agc.org.

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