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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has released an updated Technical Assistance Guide to help federal and federally assisted construction contractors and subcontractors understand their obligations under the laws enforced by OFCCP.

According to an OFCCP news release, the guide provides both practical and useful compliance assistance resources and a valuable self-assessment tool for contractors to review practices they have in place to eliminate discrimination and achieve their equal employment opportunity goals.

OFCCP has also provided several updated resources as part of its effort to increase emphasis on compliance with Section 503 of the Rehabilitation Act. These resources include the Section 503 Focused Review Landing Page and a compliance check resource webpage. Additionally, ABC held a webinar on OFCCP’s actions and policy changes in March, providing resources on compliance checks and other OFCCP programs.

The Technical Assistance Guide for construction is available on the OFCCP website.

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On Sept. 12, the U.S. Equal Employment Opportunity Commission published Notice of Information Collection—Request for New Control Number for a Currently Approved Collection: Employer Information Report (EEO-1) Component 1; Revision of Existing Approval for EEO-1 Component 2.

According to a commission press release, “In accordance with the Paperwork Reduction Act, this 60-day notice relays the EEOC’s intent to seek authorization from the Office of Management and Budget for a three-year approval to collect the EEO-1, Component 1, which the EEOC has been collecting since 1966 […] Because the EEOC’s 2016 request for OMB authorization included, for the first time, a request for approval for collection of pay data (Component 2), this notice makes clear that the commission is not renewing its request for authorization to collect Component 2.”

On Nov. 12, ABC joined other employer representatives in submitting a comment letter to the EEOC to express support for EEOC’s decision to not seek renewal of OMB clearance for the EEO-1 Component 2 form.

According to the comment letter, “The employer representatives agree with EEOC’s decision to discontinue collection of Component 2 data, based on its conclusion that the degree of utility does not justify the burden imposed. The employer representatives also believe the sensitive nature of Component 2 data warrants heightened attention to protecting its confidentiality and that EEOC has not developed and confirmed adequate procedures to ensure the confidentiality of the data required to be submitted, especially if EEOC shares this data with other agencies and interested parties.”

“The Component 2 collection requires employers with 100 or more employees to complete and submit a form with 3,660 data fields for each of the employer’s locations encompassing pay and hours worked data on all employees broken out by EEOC-defined job classifications and income bands. By contrast, the Component 1 collection requires employers to complete and submit, for each employer location, a form comprised of only 180 data points on the gender, race and ethnicity of employees at that location,” according to the letter.

NOTE:  The submission of Component 2 data was initiated during the Obama administration. However, under the Trump administration, OMB blocked the EEOC from requiring employers to submit any compensation data. In March 2019, the D.C. District Court ordered the OMB stay to be vacated. Over the last few months, ABC has been active in efforts to reverse the court’s March decision. Most recently, according to the EEOC website, on Oct. 29, 2019, the court ordered the EEOC to “take all steps necessary to complete the EEO-1 Component 2 data collection for calendar years 2017 and 2018 by Jan. 31, 2020. Therefore, until further notice, the data collection will remain open past Nov. 11, 2019.  Employers who have not yet filed should do so as soon as possible.”

EEO-1 filers can learn more here.

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On Oct. 30, the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration launched a new website, FindTreatment.gov, to help people struggling with substance abuse and addiction locate treatment centers and to provide them with additional resources. 

According to an HHS news release, the website will help connect Americans looking for substance abuse treatment with approximately 13,000 locations across the United States. It will also allow visitors to search for treatment based on their payment options, age, sexual orientation and more. 

FindTreatment.gov is designed to assist in locating the following examples of treatment:

• Residential treatment, or live-in care, lasting for a month up to one year;
• Outpatient treatment, or treatment at a program site while the patient continues to live on their own;
• Detoxification, or supervised withdrawal from substance use; and
• Interim care when immediate admission to other care isn’t available.

More information can be found at FindTreatment.gov or on the HHS website.

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On Nov. 5, the U.S. Department of Labor’s Wage and Hour Division published a Notice of Proposed Rulemaking titled Fluctuating Workweek Method of Computing Overtime, which would revise a DOL regulation concerning salaried, non-exempt employees who work hours that vary each week under the Fair Labor Standards Act.

According to a WHD news release, the proposed rule would revise the regulation for computing overtime compensation for salaried, non-exempt employees whose hours vary from week to week (i.e., a fluctuating workweek).

Additionally, the proposal clarifies that bonus and premium payments on top of fixed salaries are compatible with the fluctuating workweek method of compensation, and that supplemental payments must be included when calculating the regular rate of pay as appropriate under the FLSA.

The DOL is soliciting feedback on the proposed rule from now until Dec. 5, 2019. ABC will continue to keep members informed of any developments about this proposal in Newsline.

More information on the NPRM can be found on the DOL website.  

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Elections were held yesterday in Kentucky, Mississippi, New Jersey and Virginia.     

Over the past few weeks, all eyes have been on Virginia, as the balance of power in the state was on the line. 

Heading into Election Day, Republicans held a slim one-seat majority in both the state Senate (21-19) and the House of Delegates (51-49). Democrats took control of the state Senate and House of Delegates. With last night’s victories, Democrats will hold a trifecta for the first time since 1994, controlling the governor’s mansion, Senate and House of Delegates in 2020.

In Kentucky and Mississippi, control of the governors’ mansions was in play. In Kentucky, incumbent Gov. Matt Bevin (R) faced off against Attorney General Andy Beshear (D). Gov. Bevin received 48.8% of the votes, while attorney general received 49.2%. Beshear declared victory over Bevin, who has yet to concede.

In Mississippi, Lt. Gov. Tate Reeves (R) and State Attorney General Jim Hood (D) were neck-in-neck in the polls leading up to election day. But after receiving 52.2% of the vote, Reeves won the Magnolia State’s governor’s mansion.

The New Jersey General Assembly and one state Senate seat were also up for election yesterday. Democrats held control of the state House of Delegates (53-42). A special election was held in state Senate District 1 between appointed incumbent Sen. Bob Andrzejczak (D) and Michael Testa (R). Testa carried 54% of the vote and was declared the winner.

Now, all focus turns to the Louisiana governor’s race. Incumbent Gov. John Bel Edwards (D) will face off against businessman and ABC member Eddie Rispone (R) in the general election on Saturday, Nov. 16.

Rispone is the founder of ISC Contractors, one of the largest merit shop specialty contracting firms in the U.S. industrial market. He served as ABC’s 2003 chair and has been an active member of the organization’s chapters and leadership in Louisiana and beyond.

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In a reversal of its previous policy, on Oct. 28, the Trump administration announced its decision to extend Temporary Protected Status for approximately 250,000 El Salvadorans in the United States as part of a signed bilateral agreement on border security and information sharing.

In 2017 and 2018, the Trump administration announced plans to terminate TPS for El Salvador. However, a federal challenge was filed (Ramos v. Nielsen), and a U.S. District Court enjoined the Department of Homeland Security from implementing or enforcing the termination plans. As part of that injunction, the TPS designation for these countries and thereby protections for beneficiaries were automatically extended through Jan. 2, 2020.

ABC and other construction industry leaders expressed concerns about the administration’s previous decision to terminate TPS designations and urged Congress and the administration to ensure that TPS holders could continue to work legally in the United States. 

The new bilateral agreement will extend TPS-related Employment Authorization Documents for eligible Salvadorans through Jan. 4, 2021. It is estimated that nearly 37,000 El Salvadoran TPS recipients work in the construction industry across the country.

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On Sept. 24, 2019, the U.S. Department of Labor’s Wage and Hour Division published a final rule to make 1.3 million American workers newly eligible for overtime pay,   a rule which becomes effective Jan. 1, 2020. To prepare workers for this new rule and help them get their questions answered, the Wage and Hour division of the U.S. Department of Labor will host three webinars throughout November.

Those interested may register for these webinars on the following dates:

Additional information about these webinars and this new rule can be found on the DOL website.

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The U.S. Small Business Administration’s Office of Advocacy released a new guidance document to help small businesses understand their role and participate in the federal rulemaking process.

According to an SBA news release, the document, titled “A Basic Guide to Federal Rulemaking and Small Business,” helps small businesses understand their role in the federal rulemaking process, outlines steps in the development of a new regulation, explains how to express concerns or support for a proposed rule, and provides information on how public comments affect the final rule.

In addition to the guidance document, SBA’s Office of Advocacy provides businesses with resources on the federal rulemaking process, which include regulatory alerts and information on the agency’s regional regulatory reform roundtables.

More resources from the Office of Advocacy can be found on the SBA website.

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On Oct. 15, ABC submitted comments as part of the Construction Industry Safety Coalition on the Occupational Safety and Health Administration’s Request for Information on Table 1 of the agency’s Respirable Crystalline Silica Standard for Construction.

According to an OSHA news release, the agency is seeking feedback on its current and any additional engineering and work practice control methods to effectively limit exposure to silica for the equipment and tasks currently listed on Table 1 and other construction equipment and tasks that generate silica that it should consider adding to Table 1.

“CISC applauds the agency for issuing this RFI and has been pushing the agency to do so for more than two years. Expanding Table 1 and otherwise improving compliance with the rule is of paramount importance to CISC member associations and contractors across the country. Based upon the feedback the CISC has received from contractors—both large and small—compliance with the rule remains challenging. CISC encourages OSHA to move quickly with rulemaking to permit contractors additional compliance options and tools,” according to the    comment letter.   

Additionally, CISC urged OSHA to consider the following improvements to the respirable crystalline silica rule:  

• Exclude from coverage in the standard two common construction tasks where the data shows that exposures are consistently and reliably below the action level: mortar mixing and drywall installation/finishing.  Requiring contractors to focus compliance resources in these areas given the very low exposures detracts from focusing those same resources where exposures to respirable crystalline silica are apparent and potentially significant.
• Expand Table 1 in three ways:

1. Add an “under one hour” column, row or table that provides equipment/tasks and controls for short-term activities. Such an allowance would provide contractors more flexibility and increase the number and types of control options available.

2. Add dry cutting with vacuum attachments to Table 1 for stationary masonry saws and handheld power saws, as the data shows that exposures to this equipment with these controls are under the PEL. OSHA should also allow for the use of standard shop vacuums as part of engineering controls, based on recent data from the National Institute for Occupational Safety and Health.  In addition, OSHA should explore the use of floor and pedestal fans and air scrubbers as simple compliance solutions either on their own or in conjunction with other control measures.

3. Add masonry scrubbers, wire saws and wall saws to Table 1 based on data showing low exposures when using this equipment.

• Examine additional changes to the standard that will ease compliance while maintaining employee safety and health. This includes an exception to the hierarchy of controls for tile cutting on steep slope roofs, given the greater hazards posed by using engineering controls in this environment. In addition, OSHA should permit the use of respiratory protection in lieu of engineering and work practice controls for very short duration work (under 30 minutes) when isolated from other employees. Similarly, OSHA should consider an exception to the prohibition on dry sweeping and dry brushing for employees performing that work for less than 30 minutes and where the employees do not have any other exposure to respirable crystalline silica.

ABC will continue to keep members informed of any developments on the silica rulemaking in Newsline.

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ABC member and 2003 national chair Eddie Rispone, founder of ISC Contractors, will be the Republican candidate facing off against incumbent Gov. John Bel Edwards (D) in the Nov. 16 general election for Louisiana, according to the results of the state’s Oct 12 primary.

Louisiana has a unique jungle primary system in which all qualifying candidates of all political parties appear on a single ballot for the primary election. A runoff is then triggered if no candidate achieves a simple majority.

Gov. Edwards received just 46.6% of the votes, failing to reach the 50% necessary to beat the five other candidates. Rispone came in second, earning 27.4% of the vote, while U.S. Rep. Ralph Abraham (R-5) earned 23.6% of the vote.

The Louisiana election is expected to be highly contested, as it is the GOP’s only opportunity to grow the number of states with Republican governors from 27 to 28. If Rispone wins, the Louisiana governor’s mansion and state legislature will be GOP-controlled.

President Trump held a rally in Lake Charles on Oct. 11 to help get out the vote in support of Rispone and Abraham. The president is expected to be involved in this race and a handful of other races around the country this year. Click here for more information on the states and elections to watch this year.

ISC Contractors is one of the largest merit shop specialty contracting firms in the U.S. industrial market. To learn more about Eddie Rispone and this general election, visit  EddieForGovernor.com.

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