Category: News Line

ABC’s New Hampshire/Vermont Chapter recently partnered with the New Hampshire Home Builders Association, ApprenticeshipNH and Manchester Community College to create a registered carpentry apprenticeship program approved by the U.S. Department of Labor. The program is desperately needed to help address the shortage of carpenters in the state. 

“We are excited for our consortium model carpentry apprenticeship program because it creates pathways and opportunity for future ABC member employees,” said Josh Reap, president & CEO of ABC’s New Hampshire/Vermont Chapter. “Creation of this program is part of the industry’s solution to the workforce shortage, and ABC is proud to be a program sponsor. Each person who enters the apprenticeship program is on the path to earning a competitive salary, learning new skills and answering the call to help solve the construction industry’s workforce shortage.”

The chapter and NHHBA worked together to develop standards and a curriculum. Apprentices will receive 6,000 hours of on-the-job learning and 455 hours of classroom training at Manchester Community College over three years, all while earning pay. The curriculum will also include modules in plumbing, HVAC, electrical, masonry and estimating.

“Even though they may be getting training in carpentry, we think it’s really important for apprentices to get a full understanding of the trades,” said Jennifer Landon, vice president of education and workforce development at the chapter. “It will allow them to work more collaboratively with other skilled trades professionals.”

Since the program was announced, several other colleges have reached out to get something similar started on their campuses. The chapter hopes to launch the program statewide within the next few years.

For more information on this program, contact Jennifer Landon at [email protected]

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On Dec. 7, ABC applauded a Georgia federal court for granting a nationwide preliminary injunction order against the federal contractor vaccine mandate.

“ABC’s participation in the case was essential to nationwide and construction industry relief,” said Ben Brubeck, ABC’s vice president of regulatory, labor and state affairs. “This is a major victory in removing compliance hurdles for the construction industry, which is facing economic challenges, such as a workforce shortage of 430,000, rising materials prices and supply chain issues.”

ABC’s statement on the preliminary injunction order garnered more than 1,100 media mentions, and was picked up by the Associated Press, CNN, CBS News, Breitbart News, CNBC, Fox News, Yahoo News and more.

Last week, ABC reported that courts blocked three different federal vaccination mandates issued under the Biden administration. Since the court orders staying the different federal mandates are at this time only preliminary, it is premature to say the threat posed by the federal mandates is past. It appears the mandates will be at a minimum delayed, but there will inevitably be appeals, perhaps up to the Supreme Court. There are also many private, state and local mandates that are not affected by these court rulings.

To learn more, read the following important developments on the federal contractor, Centers for Medicaid and Medicare Services and Occupational Safety and Health Administration vaccination mandates.

Background on Federal Vaccine Mandates Legal Challenges

Federal Contractor COVID-19 Vaccination Mandate

On Dec. 7, a Georgia federal judge granted ABC’s motion to intervene and issued a nationwide preliminary injunction order against the federal contractor COVID-19 vaccination mandate. Judge Baker’s decision makes it clear that ABC’s participation in the case was essential to getting nationwide relief, which would otherwise have been limited to the states who sued. The government will no doubt appeal right away to the 11th Circuit, but this is a big win for ABC, the only private business group that joined the states in suing over this mandate. Read ABC’s press release.

Last week, a Kentucky district court preliminarily enjoined the federal contractor vaccination mandate but only for three states—Kentucky, Ohio and Tennessee.

On Nov. 18, ABC and its Georgia Chapter filed a motion to intervene in support of a suit filed by the state of Georgia and six other states in the U.S. District Court Southern District of Georgia Augusta Division. Read the press release.

Because the possibility remains that the stay could be lifted without much notice, it is recommended that covered federal contractor employers do the following:

• Continue to monitor legal developments in Newsline and the Beltway Blueprint.
• Plan for the possibility of a COVID-19 vaccination mandate.
• Encourage employees to get vaccinated.
• See ABC’s COVID-19 vaccination toolkit, resources and guidance for federal contractors to keep workers safe on construction jobsites.
• Follow all safety protocols as required by federal, state and local governments.

6th Circuit to Hear Challenges to OSHA ETS

On Nov. 12, the U.S. Court of Appeals for the 5th Circuit granted a motion to stay the U.S. Department of Labor’s Occupational Safety and Health COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. 

Shortly after, OSHA announced that it has suspended activities related to the implementation and enforcement of the ETS, pending future developments in the litigation.

On Nov. 16, via lottery, the U.S. Court of Appeals for the 6th Circuit was chosen to hear challenges to the OSHA ETS, which includes ABC’s petition for review filed on Nov. 9. DOL has filed a motion to lift the stay. 

Additionally, on Nov. 30, the agency announced that it was extending the comment period for the OSHA ETS to Jan. 19, 2022, to allow stakeholders additional time to review the ETS and collect information and data necessary for comment. In early January, ABC will circulate a comment letter template for ABC contractor members to submit to the docket.

On Dec. 8, ABC wrote to U.S. senators to express its support of S.J. Res. 29, which would stop the Biden administration’s OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard. ABC will consider the vote as a “KEY VOTE” for its 117th Congressional Scorecard. Read ABC’s letter.

Because the possibility remains that the stay could be lifted without much notice, it is recommended that covered employers do the following:

• Continue to monitor legal developments in Newsline and the Beltway Blueprint.
• Plan for the possibility of a COVID-19 vaccination and testing mandate.
• Review your vaccination and testing policies. If you currently don’t have policies, consider adopting them. Policy templates are available on the OSHA Vaccination and Testing ETS website.
• Prepare for logistical challenges of testing.
• Encourage employees to get vaccinated.
• See ABC’s COVID-19 vaccination toolkit.
• Follow all safety protocols as required by court-approved federal, state and local governments.

CMS COVID-19 Vaccination Mandate for Health Care Staff (and Contractors) 

On Nov. 30, a federal court in Louisiana issued a nationwide preliminary injunction against the Centers for Medicare and Medicaid Services’ COVID-19 vaccination mandate for health care staff. The CMS mandate applies to a wide range of people working at health care facilities, including employees, trainees, students, volunteers or contractors, who provide any care, treatment, or other services for the facility. This ruling is of interest to any ABC members who perform construction work at health care facilities. Earlier last week, a court in Missouri had issued a more limited injunction.

CMS has appealed both decisions and has filed motions for stays of these orders. Additionally, CMS posted the following, “While CMS remains confident in its authority to protect the health and safety of patients in facilities funded by the Medicare and Medicaid programs, it has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation.”

The mandate contemplated implementation in two phases. For phase one, staff at all health care facilities covered by the regulation must have received, at a minimum, the first dose of a two-dose vaccine or a single-dose COVID-19 vaccine by Dec. 5. For phase two, staff were to be fully vaccinated by Jan. 4. Exceptions were permitted for those who were granted religious or medical exemptions from the COVID-19 vaccine, as well as for staff members for whom COVID-19 vaccination must be temporarily delayed, as recommended by the CDC.

Because the possibility remains that the stay could be lifted without much notice, it is recommended that covered contractor employers do the following:

• Continue to monitor legal developments in Newsline and the Beltway Blueprint.
• Plan for the possibility of a COVID-19 vaccination mandate.
• Encourage employees to get vaccinated.
• See ABC’s COVID-19 vaccination toolkit.
• Follow all safety protocols as required by federal, state and local governments.

ABC will continue to keep members informed about this issue in Newsline.

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On Dec. 7, the House of Representatives passed a finalized version of the $768 billion National Defense Authorization Act by a vote of 363 to 70. The compromise bill, negotiated by the House and Senate Armed Services Committees, incorporates elements of the version that passed the House in September and legislation approved by the Senate Armed Services Committee in July.

Notably, the NDAA agreement removes several harmful labor provisions opposed by Associated Builders and Contractors from the previous version of the bill. The provisions addressing debarment procedures for federal contractors, apprenticeship requirements and local hire mandates were stripped from the bill after a conference between the two chambers.

ABC is pleased that the newly agreed text excludes these provisions, as it previously expressed concerns with the House-passed version of the bill in October and sent a letter with a coalition of construction and small business associations to Congress last week.

The NDAA now heads to the Senate, where it is expected to also gain bipartisan support before heading to the president’s desk for signature.

On the same day, the House of Representatives passed legislation that would allow the Senate to raise the debt limit with a simple majority, or 51 votes, while also delaying Medicare sequestration cuts. This effort to address the debt limit comes just over a week before the Department of Treasury’s Dec. 15 deadline, where Secretary of the Treasury Janet Yellen said the United States might not be able to pay all its bills, increasing the risk of going into default. The bill’s now headed to the Senate, where it will require 60 votes to clear the chamber.

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ABC’s Eastern Pennsylvania Chapter recently expanded into Philadelphia by developing the Philadelphia Opportunity & Workforce Education Resource Initiative, which aims to reach “Every Philadelphian, from every neighborhood” and promote the pathways to becoming a construction craft professional. The POWER initiative will also create long-term growth opportunities for individuals, communities, ABC members and the city of Philadelphia.

“Our presence, this initiative and our commitment to change lives in Philadelphia comes at a time when this city needs new opportunities more than ever,” said Joe Perpiglia, president & CEO at ABC’s Eastern Pennsylvania Chapter. “2020 was a tough year and there are so many construction jobs in Philadelphia and across the country that need to be filled.”

The initiative kicked off in June 2021 when the chapter, along with Trades for a Difference, John Bartram High School and Liguori Academy, came together to recruit individuals in the area with a series of presentations and networking events. More than 230 candidates attended the events to learn more about careers in construction and how to get involved. Those who were interested in moving forward were then scheduled for an assessment test and interview.

Those who passed the initial assessment and interview moved onto a construction boot camp, which provided a basic overview of the construction industry combined with essential employability skills. Those who completed the boot camp had the opportunity to be employed with ABC member companies and enter ABC’s registered apprenticeship program. The initial programs are in carpentry, electrical and plumbing trades.

The chapter intends to provide all of these candidates with employment opportunities at ABC member companies to kick off their careers in construction. They also hope that more individuals will get involved once the chapter expands its training centers over the next few years.

For more information about this initiative or ways to get involved, contact POWER at [email protected].  

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Recently, courts have blocked three different federal vaccination mandates issued under the Biden administration. Read the important developments on the federal contractor, Centers for Medicaid and Medicare Services and Occupational Safety and Health Administration vaccination mandates.

Federal Contractor COVID-19 Vaccination Mandate

On Nov. 30, a Kentucky district court preliminarily enjoined the federal contractor vaccination mandate but only for three states—Kentucky, Ohio and Tennessee. Other cases are pending in Missouri, Texas, Florida and Arizona, where courts and are also on track to issue preliminary rulings next week.

ABC and its Texas Chapter filed a declaration in support of a preliminary injunction against the federal contractor vaccination mandate policy in the U.S. District Court Southern District of Texas Galveston Division on Nov. 16. On Nov. 18, ABC and its Georgia Chapter filed a motion to intervene in support of a suit filed by the state of Georgia and six other states in the U.S. District Court Southern District of Georgia Augusta Division. Read the press release.

CMS COVID-19 Vaccination Mandate for Health Care Staff (and Contractors)    

On Nov. 30, a federal court in Louisiana issued a nationwide preliminary injunction against the Centers for Medicare and Medicaid Services COVID-19 vaccination mandate for health care staff. The CMS mandate applies to a wide range of people working at health care facilities, including employees, trainees, students, volunteers or contractors, who provide any care, treatment, or other services for the facility. This ruling is of interest to ABC members who perform construction work at health care facilities. Earlier in the week, a court in Missouri had issued a more limited injunction.

6th Circuit to Hear Challenges to OSHA ETS

On Nov. 12, the U.S. Court of Appeals for the 5th Circuit granted a motion to stay the U.S. Department of Labor’s Occupational Safety and Health COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. 

Thereafter, OSHA announced that it has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.

On Nov. 16, via lottery, the U.S. Court of Appeals for the 6th Circuit was chosen to hear challenges to the OSHA ETS, which includes ABC’s petition for review filed on Nov. 9. DOL has filed a motion to lift the stay. 

Additionally, on Nov. 30, the agency announced that it was extending the comment period for the OSHA ETS to Jan. 19, 2022, to allow stakeholders additional time to review the ETS and collect information and data necessary for comment. In the beginning of January, ABC will circulate a comment letter template for ABC contractor members to submit to the docket.

How do the court orders impact ABC members?

Since the court orders staying the different federal mandates are at this time only preliminary, it is premature to say the threat posed by the federal mandates is past. It appears the mandates will be at a minimum delayed, but there will inevitably be appeals perhaps up to the Supreme Court. And there are many private, state and local mandates that are not affected by these court rulings.

ABC recommends that its members continue to monitor the latest developments in Newsline and plan for the possibility of vaccination mandates, while encouraging employees to get vaccinated and following all safety protocols as required by court-approved federal, state and local governments.

Look for more information in Newsline and the Beltway Blueprint.

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On Nov. 22, ABC filed comments with a coalition stakeholders to the Council on Environmental Quality in response to its notice of proposed rulemaking revising the implementing regulations of the National Environmental Policy Act. ABC filed these comments in support of a streamlined approach to the permitting process under NEPA to reduce delays hindering critical projects, resulting in better infrastructure, a stronger economy and continued environmental stewardship.

Under former President Trump, CEQ issued an ABC-supported final rule in 2020 that modernized the federal environmental review process and provided a coordinated, predictable and transparent method to streamline permitting under NEPA. However, this proposed rule would restore regulatory provisions that were in effect before the 2020 rulemaking. Specifically, the proposal makes the following three changes to the 2020 NEPA rules:

1. Restore the requirement that federal agencies evaluate all the relevant environmental impacts of the decisions they are making;
2. Restore the full authority of agencies to work with communities to develop and analyze alternative approaches that could minimize environmental and public health costs; and
3. Establish CEQ’s NEPA regulations as a floor, rather than a ceiling, for the environmental review standards that federal agencies should meet.

In its comments, the coalition urged CEQ to retain several provisions of the 2020 final rule, which provided needed clarity and maintained consistency with the original 1978 NEPA rulemaking and decades of case law. Additionally, the coalition expressed concerns that the proposed revisions would hinder NEPA’s goal of more informed agency decisions.

This proposed rule is the first step of a two-step process to revise the 2020 NEPA regulations. While phase one will propose a narrow set of changes to the NEPA regulations, phase two will propose broader changes to the final rulemaking.

ABC has supported legislative and regulatory efforts to modernize and create a more efficient NEPA review process, including support for H.R. 8333, the Building U.S. Infrastructure Through Limited Delays & Efficient Reviews (BUILDER) Act, during the 116^th Congress. In March 2021, ABC joined dozens of members of the Unlock American Investment Coalition in calling on Congress to improve and modernize the federal permitting process under NEPA.

To learn more, see the coalition’s fact sheet.

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