July 25-27 in Indianapolis, IN
There is still time to join us in Indianapolis, Indiana July 25-27, 2018, for the AGC Safety & Health Conference. Hear the latest on the U.S. Occupational Safety and Health Administration’s (OSHA) enforcement of existing regulations, like the silica rule, and potential changes to the cranes and derricks in construction rule, among others. Other highlights include a discussion on safety from Rudy Ruettiger of Notre Dame Football lore, the latest trends in safety management from Dodge Data and Analytics and how video game apps can help supplement safety training to help drive behavioral change. Full details on the Conference and links to registration and the hotel room block can be found here.

The U.S. Department of Labor has published a final rule rescinding the controversial “Persuader Rule” issued under Pres. Obama.  This is a victory for AGC and others who opposed the regulation and urged the Trump administration to rescind it.
The Persuader Rule sought to expand the reporting obligations of labor relations consultants (broadly defined) who conduct activities to persuade employees about their rights to join a union or bargain collectively, as well as the reporting obligations of employers who receive assistance from such consultants.  It required disclosure of sensitive financial information and other details of the business arrangement, even when the consultant neither communicates directly with employees nor drafts such communications.
The Persuader Rule was expected to have a substantial chilling effect on employers’ willingness and ability to seek needed advice from labor experts, but it never took effect due to a court injunction.  The reporting standards in effect before the rule – requiring reporting only when consultants directly communicate with employees – have remained in effect and will continue going forward.  The present rescission puts the final nail in the coffin for the Persuader Rule…at least until a future administration decides to exhume it.
For more information, contact Denise Gold at [email protected]  or (703) 837-5326.

AGC Participates in White House Event to Sign Job Training Pledge
President Trump signed an Executive Order today that establishes the President’s National Council for the America Worker. The council will help develop a national strategy for job training programs which will help streamline and make existing programs more efficient and focusing them on employment outcomes, improve data collection and transparency on program effectiveness and a campaign highlighting in demand careers. The Executive Order will form an advisory board of private sector and government representatives to help ensure the programs being taught in classrooms and workplaces are needed. It also included a pledge by companies and association 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 other AGC of America training programs.
For more information, contact Jim Young at [email protected] or (202) 547-0133.

On July 11, the Senate Environment and Public Works Committee held a hearing in which both Republicans and Democrats expressed support infrastructure improvements. Senators heard testimony from witnesses about the benefits of the Transportation Infrastructure and Innovation Act (TIFIA) and the Water Infrastructure Finance and Innovation Act (WIFIA) programs – both of which provide long-term, low-cost financing to regionally and nationally significant transportation and water projects respectively. Of particular interest is the overwhelming support from senators and stakeholders in regards to the “Securing Required Funding for Water Infrastructure Now (SRF WIN) Act,” which AGC worked to get included in the committee-passed “America’s Water Infrastructure Act of 2018”.
The SRF WIN Act provides a streamlined path for Drinking and Clean Water State Revolving Funds to access the low-interest funding offered through WIFIA, resulting in states having a more efficient and economically-attractive alternative to the private bond market and, subsequently, allow the SRFs to fund more projects.
The SRF WIN has received unfounded criticism from some private water utility groups but, if this hearing is any indication, the bill enjoys broad bipartisan support. The Senate has not identified when the “America’s Water Infrastructure Act” will be considered. In the meantime, AGC continues to work to ensure SRF WIN remains in the bill.
For more information, contact Sean O’Neill at [email protected] or (202) 547-8892.

Join us on September 12-13 in Crystal City, Virginia
AGC’s 2018 Construction Environmental Conference (CEC) homes in on the most critical environmental compliance and risk issues impacting the business of construction. Whether your goal is to maintain an excellent compliance record, keep abreast of key developments, or increase your understanding of how environmental risks affect your projects — AGC’s CEC is the conference for you.
Explore these environmental risk sessions at AGC’s 2018 CEC:

• Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction - Panel speakers will present risk assessment and identification from a jobsite perspective, risk allocation such as contract shifting clauses and management strategies, risk transfer such as avoidance of pollution liability and insurance products available.


• Environmental Compliance for Hazardous Materials on a Public Private Partnership Project: CDOT Central 70 - Using the Colorado Department of Transportation Central 70 project as a backdrop, this panel will share owner and contractor perspectives related to management of hazardous materials during the procurement, kickoff, and construction phases of the project.


• Examine Redevelopment Opportunities and Risk – Learn about recent changes to policy related to Superfund/Brownfields sites as well as the potential hazards in the reuse and redevelopment of those sites, such as vapor intrusion.


• Tips on How to Avoid Environmental Enforcement Actions - Hear from the U.S. Environmental Protection Agency, an attorney and a general contractor about “true story” construction related enforcement cases and best practices on how to avoid them. Learn about US EPA’s Audit Policy and eDisclosure portal.

Federal agencies recently have initiated action on several key environmental issues of importance to AGC of America’s contractor members ranging from water policy and lead-dust to environmental reviews. This summer, AGC will prepare written responses to the agencies on five proposals from the U.S. Environmental Protection Agency (EPA) and the White House Council on Environmental Quality (CEQ):
•EPA’s supplemental proposal clarifying issues related to the 2017 proposal to repeal the 2015 Clean Water Rule (Waters of the United States);
•EPA’s advanced notice of proposed rulemaking (ANPR) related to assessing costs and benefits in the rulemaking process;
•EPA’s proposed changes strengthening the residential dust-lead hazard standards and defining lead-based paint;
•CEQ’s ANPR to update the regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA); and
•EPA’s proposed decision to not develop a new (and purportedly duplicative) rulemaking under the Clean Water Act to address hazardous substance discharge prevention.
In May, AGC provided members with a preview of these anticipated actions, and others, based on the Federal Government’s Spring Unified Agenda.
For more information, contact Melinda Tomaino at [email protected] or (703) 837-5415.

Following Scott Pruitt’s resignation late last week, Deputy Administrator Andrew Wheeler assumed the role of acting administrator of the U.S. Environmental Protection Agency (EPA) on July 9. In his first address to EPA staff, Wheeler indicated that he would continue President Trump’s goals for the agency to reign in federal regulatory overreach and refocus EPA on its core responsibilities.  AGC supported Andrew Wheeler’s confirmation as deputy administrator in a letter to the senate earlier this year.
Mr. Wheeler is experienced and well-qualified on environmental matters. During his tenure as a congressional aide, Mr. Wheeler served as majority staff director, minority staff director, and chief counsel at the Senate Committee on Environment and Public Works. In addition, he worked at EPA’s Office of Pollution Prevention and Toxics during the George H. W. Bush and Bill Clinton administrations.
The administration has not yet announced its plans for Pruitt’s replacement. AGC will continue our positive working relationship with EPA as we strive to meet our policy and stewardship goals in the environmental area.
For more information, contact Melinda Tomaino at [email protected] or (703) 837-5415.

Billions in Construction Projects
The U.S. Army Corps of Engineers (USACE) has released its long-awaited workplan to use the $17.4 billion that Congress allocated for recovery projects in the areas affected by last year’s natural disasters. These areas include Texas, Florida, California, Louisiana, Puerto Rico, and the U.S. Virgin Islands. The disaster recovery funds are spread across six Army Corps appropriations accounts. The largest account by far, the construction account, will fund 60 flood and storm damage reduction projects in 16 states and Puerto Rico at a total cost of $13.9 billion.
Although no date has been set for when and how these projects will be issued, it is expected to take a few weeks. Some of the USACE’s districts that were impacted will need to lean on non-impacted districts for assistance due to the influx of work. It is not a mistake if you see a non-impacted district soliciting for work in an impacted district. For example, you may see the Albuquerque District advertising work that is in the Galveston district. Members should make sure to keep an eye out for where the work is to be performed.
Last year, AGC urged Congress to fund efforts to rebuild impacted communities and restore the critical infrastructure necessary to return a sense of normalcy for millions of people. Congress included the disaster funding in the AGC-supported bipartisan budget bill for fiscal years 2018 and 2019. AGC will continue to work with Congress and USACE and will keep our members informed on the recovery progress.
For more information, please contact Jordan Howard at [email protected] or (703) 837-5368.

The Senate HELP Committee passed legislation to reform and reauthorize the Perkins Act, which is the primary legislation authorizing federal career and technical education funding. The House has passed AGC-supported legislation twice in as many years to only have it stall in the Senate.
The legislation under consideration gives employers more opportunities to provide input to states that are planning career education to ensure it’s focused on in-demand skills and on work-based learning. The Jobs and Careers Coalition – of which AGC is a member – wrote to Senate leaders this week urging them to ensure that final legislation focus on employment outcomes and provide greater flexibility to states to allow them to better adapt to local needs.
AGC remains hopeful that the Senate will simply adopt the House-passed legislation and have it signed into law to help combat the skills shortage in the industry and the greater economy.
For more information, contact Jim Young at [email protected] or (202) 547-0133.

October 17-19 in Arlington, VA, 18 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.