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On Sept. 12, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers signed the final rule rescinding the 2015 final Clean Water Rule: Definition of “Waters of the United States,” also known as the WOTUS final rule. ABC President and CEO Michael Bellaman attended the signing ceremony for the rulemaking.

According to an EPA press release, this final rule completes the first in a two-step rulemaking process to define the scope of “waters of the United States” that are regulated under the Clean Water Act. With this final repeal, the agencies will implement the pre-2015 regulations, which are currently in place in more than half of the states.

As part of the second step, EPA and the Corps announced a proposal in December 2018 that would provide a clear definition of the difference between federally regulated waterways and those waters that rightfully remain solely under state authority. The final rule for this regulation is expected to be issued in December 2019.

These rulemakings came at the direction of President Trump’s Executive Order 13778, Restoring the Rule of Law, Federalism and Economic Growth by Reviewing the “Waters of the United States” Rule, which states that the WOTUS final rule should be reviewed in order to protect American waterways from pollutants in the most economical way.

The final rule will go into effect 60 days after publication in the Federal Register, and a prepublished version of the final rule can be found on the EPA website.

ABC has long been a vocal opponent of the Obama-era WOTUS rule since it was first proposed in April 2014 and submitted comments on EPA and the Corps’ proposals on step one and step two of the WOTUS rulemaking, stating its continued commitment to work with the agencies and ensure the clearest possible regulations so that its members have the information they need to comply with the law. Additionally, ABC filed comments as a member of the Waters Advocacy Coalition.   

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The Hitt family recently donated a $16 million gift to the Act on Addiction campaign, a program launched by Inova Health System that fuels awareness, combats stigma and provides resources for those suffering from substance abuse in the Northern Virginia area. There are nearly 20 million American adults who suffer from addiction, and a recent survey says that approximately half of adults do not know how to help someone in need of treatment or support.

“While these statistics are startling, each number represents the life of an individual, a friend, a family and a neighbor in our community,” says Brett Hitt, co-chairman of HITT Construction. “We are honored to play a role in supporting Inova Heath Foundation in this mission to raise awareness about the dangers of addiction.”

For more on the Act on Addiction campaign, click here.

Check out other similar stories about the HITT family’s generous donation here: 

PR Newswire

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In light of a recent court decision, certain employers will be required for the first time to submit detailed data on employee compensation and hours worked (or Component 2 data) for calendar years 2017 and 2018 to the U.S. Equal Employment Opportunity Commission as part of their annual EEO-1 form submission by Sept. 30, 2019.

According to the EEOC’s FAQs, employers, including federal contractors, are required to submit Component 2 compensation data for 2017 if they had 100 or more employees during the 2017 workforce snapshot period. Additionally, employers, including federal contractors, are required to submit Component 2 compensation data for 2018 if they had 100 or more employees during the 2018 workforce snapshot period. Information about the workforce snapshot period can be found in the FAQs.

On July 15, the EEOC opened the online portal for the collection of data on pay and hours worked (or Component 2 data) for calendar years 2017 and 2018. In addition to the online portal, a data file upload function and validation process is now available, which serves as an alternative data collection method for employers who prefer to utilize data file upload capability. Information regarding the data file upload function is available at https://eeoccomp2.norc.org.

The EEOC also recently added to the website additional resources for employers, including a sample data collection form, an instruction booklet for filers, upload file specifications, upload file validation process, a fact sheet, reference documents and a Frequently Asked Questions page.

Additionally, the website lists help desk information to offer filers additional support. Interested parties can contact the help desk by phone at (877) 324-6214 or by emailing eeoccompdata@norc.org.

This article is intended for informational purposes only and does not constitute legal advice or opinion.

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On Tuesday, Sept. 10, Republican special election candidates Greg Murphy and Dan Bishop won their highly anticipated respective congressional campaigns in North Carolina.

Murphy, a urologist and state representative from Greenville, won over former Greenville Mayor Allen Thomas (D) to replace the late Congressman Walter Jones (R-N.C.-3) who passed away last February.  

In North Carolina’s 9^th District, State Sen. Dan Bishop (R) beat 2018 Democratic candidate Dan McCready, filling the seat that has remained vacant since the 2018 election result was never certified due to voter fraud allegations. Bishop won the highly competitive race by less than 4,000 votes.

Now that these two special elections are over, all 435 seats of the House are filled for the first time in this Congress.

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September is Suicide Prevention Month. According to the Centers for Disease Control and Prevention, the construction industry has the highest rate of suicide, as well as the highest number of suicides among all industries. This is a public health crisis, and ABC is committed to doing better for our workforce and their families.

In 2016, the Construction Financial Management Association established the Construction Industry Alliance for Suicide Prevention. Now counting more than 75 industry organizations as members, including ABC, it is our goal to reduce suicide risk across the construction industry, equipping companies to better address mental health issues and promoting the safety and wellbeing of construction’s most important asset—our people.

For more information or to find help for someone at risk, please visit preventconstructionsuicide.com.

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Apply for STEP, AQC by Nov. 1 To Be Eligible for ABC’s 2020 Top Performers^SM Ranking

What defines the best of the best? ABC’s Top Performers lists—the only rankings of their kind—recognize member contractors’ achievements in safety, quality, diversity, project excellence and special designations, ranked by work hours. You must achieve STEP Gold or higher and earn the Accredited Quality Contractor designation to qualify—applications are due by Nov. 1 for consideration in the rankings.

In addition, members should update their profile on FindContractors.com to ensure any special designations are noted in the Top Performers rankings. Read on for more information on how to attain each of these qualifications. 

ABC’s STEP Safety Management System
Every ABC member wants to send its workers home safely every night. Take the first step towards achieving world-class safety by participating in STEP, whether you are beginning your safety journey or continuing to strengthen your performance. Top-performing STEP participants are 680% safer than the U.S. Bureau of Labor Statistics industry average. Getting started with STEP is free, and it can help you lower your workers compensation insurance rates. Visit abc.org/step or email stepapps@abc.org for more information.

ABC’s Accredited Quality Contractor Designation 
Is your company AQC material? AQC members demonstrate their commitment to financial fitness, world-class safety, workforce development, talent management, diversity and inclusion, the highest levels of quality construction and the betterment of the communities in which they work. If your company excels in these areas, you too can earn the AQC accreditation, which is recognized by the Construction Users Roundtable. For more information, visit abc.org/aqc or email Jake Reedy at reedy@abc.org.

FindContractors.com
Be sure your profile is up to date in FindContractors.com to have your special designations listed in the Top Performers rankings. ABC’s member database features contact information for more than 13,000 contractors. Members can search for an ABC contractor, supplier or other construction professional by name, chapter, location, sales volume or type of construction. ABC populates member profiles with information on whether they have earned an Excellence in Construction® award, participate in the STEP safety management system and Accredited Quality Contractor programs, have federal designations and have signed the Drug- and Alcohol-Free Workplace Pledge. Contact FindContractors@abc.org for a login if you don’t have one.
 
Visit abc.org/TopPerformers for the digital edition of the 2019 Top 150, Top 50 With Special Designations and Top 20 by Region or read the news release for more details.
 

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On Sept. 12, the U.S. Department of Labor and the Internal Revenue Service will hold a webcast providing employers with compliance assistance on the joint final rule on health reimbursement arrangements.

According to a DOL news release, under the final rule, which was released by the DOL, the U.S. Department of the Treasury and the Department of Health and Human Services, employers will be able to use what are referred to as individual coverage HRAs to provide their workers with tax-preferred funds to pay for the cost of health insurance coverage that workers purchase on the individual market, subject to certain conditions, starting in January 2020.

The DOL- and IRS-led webcast will include topics such as the benefits of offering these expanded options, who can offer them, how they work, what responsibilities an employer has, when employers can start offering them and where to find more information.

Register for the upcoming webcast, which will take place on Thursday, Sept. 12, at 2 p.m. ET. Additional information on HRAs can be found on the DOL website. 
 

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On Aug. 15, the U.S. Department of Labor’s Occupational Safety and Health Administration published a Request for Information seeking comment on Table 1 of the agency’s Respirable Crystalline Silica Standard for Construction.

According to an OSHA news release, the agency is requesting comment 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.

OSHA is soliciting feedback on the RFI, and the deadline for submitting comments is Oct. 15, 2019. ABC will continue to keep members informed of any developments on the silica rulemaking in Newsline.

Background

As of Oct. 23, 2017, OSHA has fully enforced all appropriate provisions of the Silica in Construction Standard. On Aug. 13, 2018, OSHA issued 53 Frequently Asked Questions to provide further guidance to employers and employees regarding OSHA’s respirable crystalline silica standard for construction, which can be found on the OSHA website.

The development of the FAQs stemmed from litigation filed against OSHA by numerous construction industry trade associations, including ABC, challenging the legality of OSHA’s 2016 respirable crystalline silica final rule.

More background on the 2016 final rule can be found on the OSHA website. 

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On Aug. 12, the National Labor Relations Board published a Notice of Proposed Rulemaking titled Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships, which proposes amendments to the representation election regulations.

“The board believes, subject to comments, that the proposed amendments would better protect employees’ statutory right of free choice on questions concerning representation,” the NLRB said in a news release.

The board majority is proposing three amendments:

• Blocking Charge Policy: Replacing the current blocking charge policy with a vote-and-impound procedure. Elections would no longer be blocked by pending unfair labor practice charges, but the ballots would be impounded until the charges are resolved.

• Voluntary Recognition Bar: Returning to the rule of Dana Corp., 351 NLRB 434 (2007). For voluntary recognition under Section 9(a) of the National Labor Relations Act to bar a subsequent representation petition—and for a post-recognition collective-bargaining agreement to have contract-bar effect—unit employees must receive notice that voluntary recognition has been granted and a 45-day open period within which to file an election petition.

• Section 9(a) Recognition in the Construction Industry: In the construction industry, where bargaining relationships established under Section 8(f) cannot bar petitions for a board election, proof of a Section 9(a) relationship will require positive evidence of majority employee support and cannot be based on contract language alone, overruling Staunton Fuel, 335 NLRB 717 (2001).

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

The NLRB is soliciting feedback on the proposed rule, and the deadline for submitting comments is Oct. 11, 2019. ABC will continue to keep members informed of any developments about this proposal in Newsline.

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs recently published several compliance assistance guides to provide federal contractors with resources on recordkeeping, postings and notices, technical assistance and more.

As part of the new compliance assistance resources, OFCCP released OFCCP at a Glance, which introduces contractors to the agency, its mission, the equal employment opportunity laws it enforces and more. Along with this summary, OFCCP published a guide on what general contractors can expect during their interactions with OFCCP.

Other compliance assistance resources include individual recordkeeping guides for Executive Order 11246 on Equal Employment Opportunity, Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act, as well as a guide and checklist on postings and notice requirements. 

Visit the OFCCP website for more information on these and other compliance assistance resources.

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