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Greg Sizemore, ABC’s vice president of health, safety, environment and workforce development and vice chair of the Construction Industry Alliance for Suicide Prevention, spoke on a panel at the Construction Leadership Network Conference last week in Houston to discuss substance abuse and the rise of suicide in the construction industry.

“I feel like most people particularly in construction avoid the topic because they’re uncomfortable with it and don’t know what to do, but avoiding suicide and substance abuse is not going to solve anything,” said Sizemore. “We can’t expect employees to simply leave life’s issues at the gate or when they put their hard hat on.”

Sizemore wanted people to understand that substance abuse and suicide affect everyone around them, beyond coworkers and immediate family members. He also wanted people to leave the discussion knowing it was up to them to change their paradigm, find out what they can do, and potentially save someone’s life. 

“We need to take the time to make sure all employees are safe physically and mentally and have honest conversations,” he said. “However, there’s a lot work to do. We need to educate people about the risks and give them the tools to assist those who need it. Mental health must be addressed now for the sake of our current workforce and the workforce of the future.”

To learn more about the Construction Leadership Network and the conference, visit https://www.constructionleaders.org/

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The Council on Environmental Quality issued a proposed rule to update its regulations for implementing the procedural provisions of the National Environmental Policy Act, which has not been updated for more than four decades. The proposal would modernize and clarify the regulations to facilitate more efficient, effective and timely NEPA reviews by federal agencies in connection with proposals for agency action. Learn more about the NEPA proposal here.

ABC supports the modernization of these critical regulations and believes that these enhancements will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. Creating a coordinated, predictable and transparent process to streamline permitting will enable the industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds.

ABC is a member of the Unlock American Investment coalition, which said, “Updating NEPA will reduce delays hindering critical projects, resulting in better infrastructure, a stronger economy and continued environmental stewardship. Modernizing NEPA is the key to unblocking investments.”

Take Action Today!

Submit a comment postcard: An online comment postcard gives ABC members the opportunity to tell President Trump that they support the NEPA proposal. The postcards will be emailed directly to the CEQ proposed rule comment docket.

Contact ABC staff about delayed projects: If any ABC members have projects that are delayed due to current NEPA permitting regulations, please contact Karen Livingston, ABC National’s Senior Director of Policy.

Attend a Public Hearing:  CEQ will host a public hearing in Denver on Feb. 11 on the NEPA proposed rule. Register here.

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The Construction Management Competition is ABC’s hallmark competition promoting careers in construction management. It not only gives the nation’s top construction management students a glimpse into the real world of construction, but it also provides them with the opportunity to showcase their talents. 

The colleges and universities competing in this year’s competition, all members of ABC’s National Student Chapter Network, are: 

Alfred State College

Auburn University

California State University, Fresno

California State University, Long Beach

Clemson University

Colorado State University

East Carolina University

Ferris State University

Florida Institute of Technology

Florida International University

Kent State University

Lawrence Technological University

Louisiana State University

Montgomery College

Pennsylvania College of Technology

Purdue University

University of Florida

Texas A&M University

Texas State University

University of Central Florida

University of Cincinnati

University of North Florida

All of these schools will be competing on Thursday, March 26, at ABC Convention 2020 in Nashville, Tennessee.

For more information on this year’s competition, visit http://abcconvention.abc.org/Programs/CMC

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On Jan. 16, the U.S. Senate approved President Trump’s signature trade deal with Mexico and Canada, the USMCA, in an overwhelmingly bipartisan 89-10 vote. The agreement previously passed the House in December on a similarly bipartisan 385-41 vote and now awaits the president’s signature of the deal into law. ABC supports the USMCA and believes it will help ensure certainty in the supply chain and reduce volatility in pricing for building materials from Mexico and Canada to further lift the economy, support more projects and help address the much-needed modernization of our nation’s infrastructure.

The deal is awaiting ratification from Canada’s legislature, and Prime Minister Justin Trudeau announced that the government would unveil legislation to approve the agreement at the end of this month.

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Save the date and support the competitors of the 2020 National Craft Championships by volunteering to be a judge.

All judges must have a demonstrated expertise in one of the following crafts:

• Carpentry: Residential-Commercial
• Commercial Metal Stud Framing & Drywall
• Electrical: Commercial-Industrial
• Electrical: Residential-Commercial
• Fire Sprinkler
• HVAC
• Instrumentation Fitting
• Millwright/Industrial Maintenance Mechanic
• Pipefitting
• Plumbing 
• Power Line Worker
• Sheet Metal
• Pipe Welding (must hold a CWI)
• Structural Welding (must hold a CWI)
• Commercial Team

The NCC will be held March 26 at Music City Center in Nashville, Tennessee. For the hands-on practical performance test, judges must report on Thursday, March 26, by 6:45 a.m. and will be dismissed by 5 p.m. Judges also are invited to attend the Careers in Construction Awards ceremony on Friday, March 27, at 5 p.m. at Music City Center.

If you are interested in volunteering to be a judge, follow this link to register: http://www.cvent.com/d/9hqd7l

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On Jan. 9, ABC President and CEO Michael Bellaman joined and Miller and Long employees Alan Michael Jenkins and James Spencer Johnson joined President Trump at the White House for the announcement of the Council on Environmental Quality’s proposed rule to update its regulations for implementing the procedural provisions of the National Environmental Policy Act. NEPA has not been updated for more than four decades. The proposal would modernize and clarify the regulations to facilitate more efficient, effective and timely NEPA reviews by federal agencies in connection with proposals for agency action.

ABC supports the modernization of these critical regulations and believes that these enhancements will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. Creating a coordinated, predictable and transparent process to streamline permitting will enable the industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds.

According to CEQ’s fact sheet, “the outdated regulations have slowed and impeded the development of needed infrastructure in communities across the nation. Environmental impact statements for federal highway projects have averaged over seven years to complete and many reviews have taken a decade or more.”

ABC is a member of the Unlock American Investment coalition, which said, “Updating NEPA will reduce delays hindering critical projects, resulting in better infrastructure, a stronger economy and continued environmental stewardship.  Modernizing NEPA is the key to unblocking investments.” To learn more, see the coalition’s fact sheet.

The public may comment on the proposal until March 10. CEQ will host two public hearings in Denver on Feb. 11 and Washington, D.C on Feb. 25. Additional details concerning the hearings and other public engagement may be found here.

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On Jan. 12, the U.S. Department of Labor’s Wage and Hour Division released its final rule to update and clarify its interpretation of joint-employer status under the Fair Labor Standards Act.

ABC applauds the Trump administration for issuing the final rule, which will bring additional clarity to a confusing area of the law, help alleviate unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry, reduce needless litigation and encourage innovation in the economy. 

According to a DOL news release, the final rule includes a four-factor balancing test for determining FLSA joint-employer status in situations where an employee performs work for one employer that simultaneously benefits another entity or individual. The balancing test examines whether the potential joint employer:

• Hires or fires the employee;
• Supervises and controls the employee’s work schedule or conditions of employment to a substantial degree;
• Determines the employee’s rate and method of payment; and
• Maintains the employee’s employment records.

ABC’s general counsel, Littler Mendelson P.C., published an analysis with more information on the DOL final rule.

ABC submitted comments in support of the proposed changes during the DOL’s rulemaking process.

The final rule is expected to be published in the Federal Register on Jan. 16 and will go into effect 60 days after the date of publication.

In addition to the DOL rulemaking, the National Labor Relations Board is expected to release its final rule on the joint employer standard, and the U.S. Equal Employment Opportunity Commission intends to issue a proposed rule on its interpretation of when an entity qualifies as a joint employer under the federal EEO laws.

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On Jan. 9, ABC filed comments to the National Labor Relations Board in support of its proposed rule, which proposes three amendments to the representation election regulations under the National Labor Relations Act. Specifically, the proposal includes amendments to the NLRB’s blocking charge policy, voluntary recognition bar and Section 9(a) recognition in the construction industry.

In its comment letter, ABC wrote:

ABC strongly supports the NLRB’s proposed changes to the three representation rules in the NPRM. In particular, ABC applauds the long overdue overruling of the Staunton Fuel decision, which purported to permit contract language alone to create a Section 9(a) bargaining relationship in the construction industry. Courts have repeatedly rejected the NLRB’s holding in Staunton Fuel, requiring instead that a Section 9(a) relationship can only be established upon a showing of actual evidence of union majority status. The NLRB’s proposed rule is consistent with this judicial authority and with longstanding principles of majority status under Section 9(a).

ABC also supports the NLRB’s proposed change to the blocking charge policies. ABC agrees that the current blocking charge policy impedes, rather than protects, employee free choice. Finally, ABC supports the NLRB’s proposed modification to the immediate voluntary recognition bar.

ABC supports the NLRB’s proposals contained in the NPRM, which are more consistent with the statutory policies of the NLRA than current NLRB rules on these subjects and better protect the Section 7 rights of employees.

Additionally, the ABC led-Coalition for a Democratic Workplace submitted comments in support of the NLRB proposal.

ABC’s general counsel, Littler Mendelson P.C., published an analysis with more information on the proposed rule.

ABC will continue to keep members informed of any developments about this proposal in Newsline.

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On Dec. 16, the U.S. Department of Labor’s Wage and Hour Division published its final rule clarifying and updating the regulations governing regular rate requirements under the Fair Labor Standards Act.

According to a DOL news release, the final rule, officially titled the Regular Rate Under the Fair Labor Standards Act, defines what forms of payment employers include and exclude in the FLSA’s “time and one-half” calculation when determining workers’ overtime rates. The final rule also includes additional clarification about other forms of compensation, including payment for meal periods and “callback” pay. The final rule will go into effect on Jan. 15, 2020.

On June 12, ABC submitted comments in support of the regular rate proposed rule.

For more information on the final rule, see the WHD website and Littler Mendelson’s analysis.

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The conference report for the National Defense Authorization Act for fiscal year 2020, which authorizes funding for the Department of Defense and other national security programs, contains several provisions that have an impact on contractors and apprenticeship programs in the United States. The legislation passed the House on Dec. 11 and is expected to be enacted into law.

Included in the conference report is a requirement that the U.S. comptroller general conduct a report on DoD contractor violations under the Occupational Safety and Health Act of 1970 or the Fair Labor Standards Act of 1938. It also directs the comptroller general to conduct a study on the contracted practices of the U.S. Army Corps of Engineers that specifically focuses on how the Corps complies with and enforces the Davis-Bacon Act.

The conference report also affects the use of qualified apprentices by military construction contractors, requiring contractors to establish goals for apprentices to consist of 20% of the total workforce employed on a contract and defines qualified apprentice as an employee participating in a Department of Labor registered apprenticeship or certain high-quality industry-recognized apprenticeship programs.

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