Year: 2023

On May 9, 2023, President Joe Biden signed an executive order, Moving Beyond COVID-19 Vaccination Requirements for Federal Workers, that revoked executive orders 14042 and 14043 effective 12:01 a.m. ET on May 12, 2023. The Safer Federal Workforce has made the following updates on its website with related guidance for contractors as of May 12, 2023:

• Effective May 12, 2023, all prior guidance from the Safer Federal Workforce Task Force implementing the requirements of Executive Orders 14042 and 14043. The FAR Council’s Sept. 30, 2021, guidance regarding deviations to the FAR to implement Executive Order 14042, has also been revoked.
• Updates have been made to FAQs on contractors, leave and vaccination.
• Updates have been made to the overview for federal contractors.

Background:

On May 1, 2023, President Joe Biden’s administration announced its intent to end certain COVID-19 vaccination requirements, including the mandate on federal contractors.

The Biden administration had already stopped enforcing these requirements due to a successful legal challenge led by ABC and seven states. On Aug. 26, 2022 the U.S. Court of Appeals for the 11th Circuit issued a decision narrowing the December 2021 nationwide preliminary injunction granted by the Georgia District Court to only ABC members who bid on federal contracts and the state plaintiffs in the case. However, the Biden administration later announced it would continue its pause on enforcement nationwide.

The 2021 injunction was a direct result of ABC intervening as the lone business group challenging the federal contractor vaccine mandate, along with the seven plaintiff state governments.

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Chuck Goodrich, president and CEO of Gaylor Electric and state representative for Indiana House District 29, announced his candidacy for U.S. Congress in Indiana’s 5th Congressional District. Goodrich served as the 2017 national chair of the ABC Board of Directors.

“There is a need for people in D.C. who understand what it takes to run and build a business, who have met the pressures of meeting weekly payrolls, dealt with rising health care costs, lived with workforce development challenges, like immigration and inflation, and have first-hand experience on the cumbersome impact of regulations and taxes. I understand these challenges, and I want to bring my perspective, a conservative perspective, to the conversation,” said Goodrich.

Based in Indianapolis, Gaylor Electric, an ABC Top Performer, is one of the largest merit-shop electrical firms in the country with 11 offices across the country. Goodrich began his career with Gaylor Electric in 1991 as an intern and subsequently moved up the ranks to a variety of key leadership positions within the company, ultimately being named president in November 2014. During his tenure, Gaylor Electric has created more than 1,000 jobs and won numerous national awards. As an Indiana state representative, Goodrich was first elected to serve the constituents of House District 29 in 2018.

The 5th District is currently represented by Republican Rep. Victoria Spartz, who announced her decision to not seek reelection in February. The primary election for the district will be held on May 7, 2024, and two other candidates have also announced for bid for the Republican nomination, Madison County Prosecutor Rodney Cummings and Mathew Peiffer. The seat is ranked as “solid Republican” by most prominent election trackers.

To learn more about Chuck Goodrich’s race please visit his website: www.gowithchuckgoodrich.com.

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On May 1, 2023, President Joe Biden’s administration announced its intent to end certain COVID-19 vaccination requirements, including the mandate on federal contractors. According to the announcement, President Biden will soon issue an executive order rescinding vaccine requirements and COVID-19 safety protocols for federal contractors, effective at 12:01 a.m. on May 12.

The Biden administration had already stopped enforcing these requirements due to a successful legal challenge led by ABC and seven states. On Aug. 26, 2022 the U.S. Court of Appeals for the 11th Circuit issued a decision narrowing the December 2021 nationwide preliminary injunction granted by the Georgia District Court to only ABC members who bid on federal contracts and the state plaintiffs in the case. However, the Biden administration later announced it would continue its pause on enforcement nationwide. The 2021 injunction was a direct result of ABC intervening as the lone business group challenging the federal contractor vaccine mandate, along with the seven plaintiff state governments.

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On May 1, the U.S. Department of Labor’s Occupational Safety and Health Administration announced a National Emphasis Program to prevent falls for people working at heights in all industries.

According to the OSHA release, “The emphasis program will focus on reducing fall-related injuries and fatalities for people working at heights in all industries. The targeted enforcement program is based on historical U.S. Bureau of Labor Statistics data and OSHA enforcement history. BLS data shows that of the 5,190 fatal workplace injuries in 2021, 680 were associated with falls from elevations, about 13% of all deaths.

“The program establishes guidance for locating and inspecting fall hazards and allows OSHA compliance safety and health officers to open inspections whenever they observe someone working at heights. An outreach component of the program will focus on educating employers about effective ways to keep their workers safe. If a compliance officer determines an inspection is not necessary after entering a worksite and observing work activities, they will provide outreach on fall protection and leave the site,” according to the release.

“Fall protection is essential on construction jobsites as falls are a leading cause of injuries and they are completely preventable. OSHA is utilizing all resources to combat fatalities caused by falls,” said Joe Xavier, ABC senior director of health and safety, in a statement published in Engineering News-Record’s coverage of the announcement.

ABC encourages the national fall protection program’s outreach, partnerships and alliances.

Learn more about federally required fall protection here.

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Intentional, purposeful, two-way communication is vital to a successful workday. Daily communication builds resilient relationships and enables a group to accomplish mission-driven tasks with a high degree of safety, quality and effectiveness. Daily toolbox talks and consistent start-up inspections create the environment where both communication and safety coexist successfully.

Daily Toolbox Talks and Start-Up Inspections

Toolbox talks are important to keep safety foremost and engage a crew. Traditionally, toolbox talks were performed monthly and took about 15 minutes. Currently, many companies hold weekly toolbox talks that are seven to 10 minutes in length.

But new data shows the effectiveness of daily toolbox talks, which are trending among contractors. Some companies accomplish this through the use of apps that include a short 90- to 180-second video followed by a three-question quiz. At the end, the supervisors add any company-specific policies or answer questions.

Another best practice is to include a start-up inspection at the beginning of the day. This inspection includes PPE, tools, equipment and ensuring all necessary materials are available and ready for use. If a material (like a gasket or fitting) or tool is missing, corrective action or a change of plans can be made early to prevent any safety issues.

Task-Specific Safety Processes

The ABC STEP Safety Management System is designed to help you strengthen safety culture through several methods. Its task-specific safety process comes in many forms—Activity Hazard Analysis, Job Safety Analysis, Pre-Task-Plan and a dozen more.

All have at least a three-column, delineated plan of action. The first column is usually a list of several small steps, and the next identifies the hazard(s) associated with each step. The last column documents the action taken to prevent the hazard(s) from injuring people. 

While these analyses and plans are designed to be updated daily, if conditions change, the plan will need to be adjusted more frequently. In the distant past, these documents were written by a safety professional and shared with a crew. Now, many crews have outlines or an app and complete the process together, giving everyone a voice in shaping the workday and a role to fulfill in terms of safety.

Communication Builds Trust

Meaningful conversations, group input and a daily learning moment do more than keep the team safe. When utilized properly, these actions build interdependent relationships, incorporating connectivity, belonging and a sense of common purpose, which ultimately drive a stronger safety culture.

Looking for help building your safety program?

Discover resources available through ABC’s STEP Safety Management System and other health and safety topics at abc.org/safety.

For more information or assistance, please reach out to Joe Xavier or Aaron Braun.

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has revised the Voluntary Self-Identification of Disability Form (CC-305) with updated preferred language and examples of disabilities. Federal contractors use this self-identification information to support required affirmative action programs.

The revisions include additional disabilities; more descriptive and inclusive examples of disabilities; and simplified and broadened response options to self-identification questions. Federal contractors and subcontractors have until July 25 to implement the new form into their applicant and employee systems and processes.

For more guidance on implementing the form, please read OFCCP’s Frequently Asked Questions.

For more information on Section 503 requirements, visit the OFCCP Section 503 information page, or contact the OFCCP Help Desk at (800) 397-6251 or online.

To learn more about the revised form, read ABC general counsel Littler Mendelson’s article.

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On May 1, the U.S. Department of Labor launched its “Mental Health at Work” initiative in recognition of Mental Health Awareness Month, which includes a new webpage. The initiative will increase awareness of mental health and well-being within workplaces and promote best practices and compliance by employers.

To learn more, visit the DOL’s webpage, which includes compliance assistance, best practices and additional resources that raise awareness for mental health at work. You can also view their new blog post on the issue here. 

To learn more about this important issue, visit ABC’s webpage on Total Human Health, which includes numerous tools and resources.

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On April 21, Republican Sens. John Thune, S.D., Tim Scott, S.C., Mike Braun, Ind., and Tommy Tuberville, Ala., reintroduced the Training America’s Workforce Act for the 118th Congress. This bill would expand opportunities for careers in construction, allowing for the federal recognition of industry and market-driven apprenticeship programs developed by the private sector. ABC worked closely with Sen. Thune’s office in drafting this legislation and issued a statement in support of the bill:

“The Training America’s Workforce Act will support the industry-recognized, market-driven apprenticeship programs that many ABC chapters and members use to provide their workers with the skills they need for a successful career,” said Kristen Swearingen, vice president of legislative & political affairs at ABC. “While President Joe Biden and his allies in Congress attempt to narrow pathways to a profession in the skilled trades through the unnecessary requirement of union-only apprenticeships for critical construction projects, we know that the flexible and modern approach of industry-recognized programs provides new opportunities for all of America’s workers. ABC appreciates Sens. Thune, Scott, Braun and Tuberville’s efforts to better serve construction professionals throughout the country.”

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On April 26, Sen. Roger Marshall, R-Kan., and Rep. James Comer, R-Ky., introduced the Save Local Business Act (S. 1261/H.R. 2826) to make clear that an employer may be considered a joint employer in relation to an employee only if the employer directly, actually and immediately exercises significant control over the essential terms and conditions of employment. ABC joined a coalition in support of the legislation and issued a statement of support for the bill:

“The Save Local Business Act would combat destructive efforts to alter the long-standing joint employer standard and undermine the traditional business relationships between contractors and subcontractors. This legislation would ensure much-needed clarity, protect construction workers’ ability to own their own business and allow hundreds of thousands of small and local businesses throughout the country to continue to grow American jobs and help our economy thrive,” said Kristen Swearingen, ABC vice president of legislative & political affairs.

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On April 22, the U.S. Court of Appeals for the Sixth Circuit issued a clarified ruling blocking the U.S. Environmental Protection Agency and Army Corps of Engineers from enforcing a final rule published by the agencies on Jan. 18 that revises the definition of Waters of the United States until at least May 10. The ruling was the result of a lawsuit brought by Kentucky’s attorney general and private industry groups.

The final rule, which defines the scope of waters subject to Clean Water Act regulation, repealed the Trump administration’s Navigable Waters Protection Rule, which ABC supported, and codified a definition that reflects the pre-2015 regulatory regime that the agencies are currently implementing. Following prior injunctions issued by other courts, enforcement of the rule is now blocked in 27 states.

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