Category: News Line

From June 21-25, ABC’s Eastern Pennsylvania Chapter held its fifth “Let’s Build Construction Camp for Girls” at Bethlehem Area Vocational-Technical School to introduce girls ages 12-18 to the construction trades, architecture, engineering and construction product manufacturing through hands-on experiences and field trips.

The campers spent the week learning architecture, carpentry, electrical, engineering, flooring, HVAC, heavy equipment operations, leadership skills, masonry, painting, plumbing and siding. They also visited a local manufacturing company to learn about assembling metal roofing and metal wall systems, as well as SCF Architecture and The Architectural Studio to learn about residential and commercial architectural design.

The camp, which is organized by ABC’s Eastern Pennsylvania Chapter, Construction Specifications Institute’s Greater Lehigh Valley Chapter and the Construction Specifications Institute Foundation, was created to address workforce shortages in the architecture, engineering and construction industry.

Below is a list of ABC members who joined together to support the 2021 camp through volunteering and sponsorship:

• A. Pickett Construction
• All American Concrete Form
• Bastian Carpet
• Builders FirstSource
• Dual Temp
• Haztek Inc.
• Jerdon Construction Services LLC
• L&W Supply
• R.L. Reppert Inc.
• Schlouch Inc.
• Servpro of Easton, Bethlehem & Whitehall
• Victaulic

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On July 12, the Institute for the American Worker released a new report highlighting the impact of the so-called Protecting the Right to Organize, or PRO Act, on millions of America’s workers. The report also notes how compulsory dues reduce the responsiveness of unions to their members and make it harder for unionized workers to receive effective representation from their unions. The report further confirms ABC’s concerns that the PRO Act would result in fewer jobs and reduced opportunities for America’s workers through abolishing state’s right-to-work laws that attract employers and encourage economic growth.

The ABC-opposed PRO Act passed the House on March 9 by a vote of 225-206 and currently has 47 supporters in the Senate. Senate Majority Leader Chuck Schumer, D-N.Y., has pledged to hold a floor vote on the PRO Act if it can gain 50 co-sponsors and President Biden continues to push for enacting the PRO Act into law.

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On July 12, the U.S. Department of Labor’s Occupational Safety and Health Administration’s Alliance program released an updated guide containing COVID-19 guidance and resources for employers from a variety of agencies including the DOL, Centers for Disease Control and Prevention and the U.S. Food and Drug Administration. Additionally, the guide includes input from industry groups on best practices for COVID-19 safety in the workplace.

OSHA has included a list of general COVID-19 resources grouped by agency, including those on the OSHA Emergency Temporary Standard and updated enforcement policies, and sections on reopening workplaces, cloth face coverings and respiratory protection, vaccines, and additional industry-specific COVID-19 resources grouped by industry, such as the construction sector. As with previous versions, it is intended as a resource and is not comprehensive.

The Alliance COVID-19 resource guide can be accessed here. 

For additional information about COVID-19 and vaccines, please visit OSHA or ABC’s Coronavirus Update Webpage.

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On July 1, the U.S. House of Representatives passed H.R. 3684, the INVEST in America Act, by a vote of 221-201. This $715 billion surface transportation reauthorization and water infrastructure bill represents House Democrats’ attempt to reauthorize the expiring 2015 FAST Act and implement partisan, anti-merit shop priorities in infrastructure spending.

Ahead of the vote, ABC strongly opposed the bill, sending a key vote letter to members of the U.S. House of Representatives in opposition and urging ABC members to contact their members of Congress and tell them to oppose the legislation through an ABC Action Alert.

H.R. 3684 has already set dangerous precedents by elevating the registered apprenticeship program as the chosen method of workforce development, restricting competition from qualified contractors that choose not to be affiliated with a union programs and expanding Davis-Bacon prevailing wage requirements on critical projects. It was amended before final passage through the en bloc amendment process that prevents consideration of each amendment based on its individual merit and helps ensure support for controversial amendments, including an amendment from Rep. Debbie Dingell (D-Mich.) that would mandate project labor agreements on authorized clean energy projects.

After the House passed H.R. 3684, ABC issued a news release slamming several anti-merit shop provisions of the bill. In the release, Kristen Swearingen, ABC vice president of legislative & political affairs, labeled the INVEST in America Act “a dangerous step in the wrong direction for America’s infrastructure.”

The $715 billion legislation is not expected to become law, as the U.S. Senate is currently working with the White House to support a bipartisan infrastructure framework that is reported to include the Senate’s bipartisan surface transportation reauthorization legislation, the ABC-supported Surface Transportation Reauthorization Act of 2021.

ABC will keep members updated about the ongoing infrastructure negotiations in Newsline.

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Based on recent media reports, ABC can confirm that President Joe Biden is circulating a draft executive order to federal agencies that will modify and expand President Obama’s Executive Order 13502, which encourages federal agencies to require project labor agreements on a case-by-case basis on federal construction projects exceeding $25 million in total value and permits states and localities to mandate PLAs on federally assisted projects.

“While the timing and details of the proposed executive order promoting government-mandated PLAs have not been announced, it is concerning that the Biden administration is considering the expansion of anti-competitive and costly PLA schemes on taxpayer-funded construction projects,” said Ben Brubeck, ABC’s vice president of regulatory, labor and state affairs. “Lose-lose policies encouraging or requiring PLAs on federal and federally assisted construction projects will needlessly increase the cost of infrastructure improvements, discourage competition from the best small and large contractors and deny jobs to local construction workers who freely choose not to be affiliated with unions.”

“The bottom line is that widespread use of government-mandated PLAs on taxpayer-funded construction projects will undermine the Biden administration’s goal and promise to the American people to rebuild America’s infrastructure, create more affordable housing and transition to a clean energy economy,” said Brubeck. “Because 87% of the construction workforce does not belong to a union and the construction industry faces a skilled labor shortage of 430,000 people in 2021 alone, the Biden administration would be best served by promoting inclusive policies that welcome all of America’s construction industry to rebuild our nation’s crumbling infrastructure, increase accountability and competition and reduce waste and favoritism in the procurement of taxpayer-funded federal and federally assisted construction contracts.”

ABC continues to deploy public relations, grassroots, legislative, legal, regulatory and other advocacy tactics to push back on pro-PLA policies advanced by the Biden administration via executive order or Congress via legislation.

Thanks in part to ABC and the merit shop contracting community’s advocacy efforts, President Obama’s pro-PLA order and related regulations resulted in just 12 PLAs on almost 1,900 large-scale federal construction projects valued at $117 billion from FY 2009 to FY 2020, saving taxpayers billions of dollars and creating opportunities for all federal contractors to compete for federal agency construction contracts. ABC members won more than 57% of 1,889 federal contracts exceeding $25 million from FY 2009 to FY 2020.

In addition, a total of 27 states passed legislation restricting government-mandated PLAs on state, state-assisted and local construction projects to some degree since 2009. The 24 states that currently protect taxpayers by restricting government-mandated PLAs on state and local construction projects may offer a level of protection against policies encouraging PLAs on federally assisted construction projects, such as pro-PLApolicies promoted by the U.S. Department of Treasury and U.S. Department of Transportation.

However, the proposed executive order will impact federal construction contracts procured directly by federal agencies.

ABC members are encouraged to write to the Biden administration via an ABC grassroots campaign in opposition to the proposed executive order expanding the use of PLAs on federal construction contracts.

Stakeholders also have until July 15 to write the Treasury in opposition to their encouragement of PLAs on federally assisted water, sewer and broadband projects procured by state and local governments and funded by federal dollars via the American Rescue Plan Act of 2021.

Stay tuned for additional updates and if you have not done so already, please ask lawmakers to support fair and open competition legislation in Congress.

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On June 28, eight members of the U.S. House Committee on Financial Services sent an ABC-supported letter to Secretary of the Treasury Janet Yellen expressing concerns about the department’s guidance on $350 billion worth of federal funding for state and local fiscal recovery allocated in the American Rescue Plan and the encouragement of project labor agreements on federally assisted water, sewer and broadband projects.

“At a time when the global pandemic has upended our workforce, disrupted our businesses, and created economic turmoil, this Administration should not be promoting project labor agreements on public works construction projects that will institute arbitrary, discriminatory barriers to recovery at the expense of taxpayers,” the House members wrote. Rep. Ted Budd (N.C.), sponsor of ABC’s priority legislation, the Fair and Open Competition Act (H.R. 1284), led the letter with fellow Republican Reps. Ann Wagner (Mo.), Alex Mooney (W.Va.), William Timmons (S.C.), Andy Barr (Ky.), Warren Davidson (Ohio) and French Hill (Ark.) joining as signatories.

This congressional effort advocating against government-mandated PLAs comes as the Biden administration reportedly prepares an executive order to expand federal agencies’ use of PLAs by replacing President Obama’s Executive Order 13502—which encouraged federal agencies to consider requiring PLAs when awarding contracts of at least $25 million—with an order that is likely to mandate PLAs on more federal construction projects.

As Congress considers infrastructure legislation, ABC will continue to lead advocacy efforts to ensure that any federal investment in our nation’s infrastructure benefits all of the U.S. construction industry, regardless of labor affiliation. Learn more about ABC’s opposition to government-mandated PLAs and support for the Fair and Open Competition Act at freeenterprisealliance.org/foca.

ABC members concerned about the Treasury’s push for PLAs on federally assisted construction projects are encouraged to write the Treasury by July 15 via ABC’s grassroots campaign and ABC members can also write the Biden administration in opposition to the forthcoming pro-PLA executive order.

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The Occupational Safety and Health Administration recently added a frequently asked question related to best practices for protecting workers regardless of vaccination status to its non-ETS FAQs. 

The FAQ reads:

What are best practices that all employers should consider taking to protect workers regardless of vaccination status?

Conducting a workplace risk assessment for potential COVID-19 exposure, preparing a response plan and taking steps to improve ventilation are all activities consistent with CDC guidance to promote public health and workplace health.

In addition, on June 10, OSHA updated its Jan. 29 guidance on Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, which applies to nonhealthcare employers. The summary of changes as of June 10 include focusing protections on unvaccinated and otherwise at-risk workers, encouraging COVID-19 vaccinations and adding links to guidance with the most up-to-date content.

ABC’s general counsel, Littler Mendelson P.C., wrote an analysis of the OSHA ETS and updated guidance, titled Federal OSHA Issues Emergency Temporary Standard for Health Care. The article states that the update clarifies how OSHA wants employers “to engage with workers and their representatives to determine how to implement multi-layered interventions to protect unvaccinated or otherwise at-risk workers and mitigate the spread of COVID-19.”

These steps include:

• Granting paid time off for employees to get vaccinated
• Instructing any workers who are infected, unvaccinated workers who have had close contact with someone who tested positive for SARS-Co-V-2 and all workers with COVID-19 symptoms to stay home from work
• Implementing physical distancing for unvaccinated and otherwise at-risk workers in all communal work areas
• Providing unvaccinated and otherwise at-risk workers with face coverings or surgical masks, unless their work task requires a respirator or other PPE
• Educating and training workers on the employer’s COVID-19 policies and procedures using accessible formats and language(s) they understand
• Suggesting that unvaccinated customers, visitors or guests wear face coverings
• Maintaining ventilation systems
• Performing routine cleaning and disinfection
• Recording and reporting COVID-19 infections and deaths
• Implementing protections from retaliation and setting up an anonymous process for workers to voice concerns about COVID-19-related hazards
• Following other applicable mandatory OSHA standards.

The Littler article further states, “While many of the items on this updated list were previously present in the initial guidance, the fact that OSHA reviewed and noted updates further confirms OSHA’s expectations for employers in all industries. Employers outside of the healthcare industry are advised to closely review the updated guidance and make further adjustments to their own internal policies and procedures, as appropriate.”

ABC will keep members updated about this issue in Newsline.

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The U.S. Equal Employment Opportunity Commission announced that the 2019 and 2020 EEO-1 Component 1 data collection filing deadline has been extended from July 19 to Monday, Aug. 23, 2021. However, the EEOC encourages eligible employers to file the required EEO-1 Component 1 report(s) as soon as possible.

According to the EEO-1 Component 1 website, the EEO-1 Component 1 report collects demographic workforce data, including data by race/ethnicity, sex and job categories, from employers with 100 or more employees and federal contractors with 50 or more employees meeting certain criteria. Resources to assist filers with their submissions are available on a dedicated website for the EEOC’s data collections.

Further, the EEOC states that eligible employers that have not received a 2019 and 2020 EEO-1 Component 1 notification letter via U.S. mail should contact the EEOC’s Filer Support Team at [email protected] for assistance.  Employers that have received the notification letter may now create user accounts using the company ID and passcode provided therein.  

More information on EEO-1 Component 1 data and other EEO data collections can be found on the EEOC website.

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

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