Category: News Line

On April 27, the U.S. Department of Labor’s Occupational Health and Safety Administration sent a draft OSHA COVID-19 Emergency Temporary Standard to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The review at OIRA is usually the final step in the process before a rule is officially published, which could take up to two weeks. At this time, neither OIRA nor DOL have made the content of the ETS public, but ABC has requested a meeting with OIRA to discuss its concerns with an OSHA COVID-19 ETS.

Background:

On Jan. 21, President Biden issued Executive Order 13999 on Protecting Worker Health and Safety, which directed OSHA to consider whether an ETS is warranted to address COVID-19 in the workplace by March 15. However, U.S. Secretary of Labor Martin Walsh placed the standard on hold so relevant materials could be updated to “reflect the latest scientific analysis of the state of the disease.”

On March 2, ABC, as a member of the Construction Industry Safety Coalition’s steering committee, sent a letter to OSHA Principal Deputy Assistant Secretary James Frederick highlighting CISC’s concerns with potential provisions in a COVID-19 ETS as well as outlining the recommendations that OSHA should consider if it decides to issue a COVID-19 standard. Specifically, CISC stated it is concerned with the possible issuance of an ETS at this time to address COVID-19 in the construction industry, particularly given the sharply declining case counts, the low-risk nature of construction work and the ever-changing nature of the pandemic. CISC is also concerned that certain provisions OSHA might include in a COVID-19 standard would be unworkable in construction and would fail to take into account the unique characteristics of the construction industry. Read the letter.

In addition, on Feb. 12, ABC participated in an OSHA listening session, where the agency sought input on efforts and challenges in mitigating the spread of COVID-19 in the workplace. ABC strongly encouraged OSHA to consider that the risk of exposure to COVID-19 varies widely by industry. ABC also emphasized that since the beginning of the COVID-19 pandemic, ABC has taken countless actions to protect members’ employees, because health and safety is a foundational pillar of ABC and has been throughout its 70-year history. For example, in March 2020, ABC, as a member of CISC, developed a construction-specific COVID-19 Exposure Prevention Preparedness and Response Plan, which is designed to assist contractors in their COVID-19 prevention efforts. This document has taken into account changes in guidance from the Centers for Disease Control and Prevention and OSHA and subsequently has been updated four times to stay relevant to the changing landscape of this pandemic.

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On April 26, President Joe Biden issued an executive order that establishes the Task Force on Worker Organizing and Empowerment. ABC is concerned that the Biden administration is promoting policies that undermine workers’ choice whether to freely join a union, such as government-mandated project labor agreements.

“President Joe Biden is certainly keeping his promise to be the most pro-union president ever, and the establishment of this Task Force on Worker Organizing and Empowerment delivers on that promise. The administration’s task force would be wise to advance policies that benefit all of America’s workforce,” said Michael Bellaman, ABC president and CEO.

According to the EO:

“The Task Force shall, within 180 days of the date of this order, submit to the President recommendations for actions as described in subsection (b) of this section to promote worker organizing and collective bargaining in the public and private sectors and to increase union density. The Task Force may, at the Chair’s discretion, recommend appropriate or time-sensitive individual actions to promote worker organizing and collective bargaining before the deadline established by this section. The Task Force and its members shall work to implement all recommendations that the President may approve, to the extent permitted by law, and shall report their progress as directed by the Chair.”  

Vice President Kamala Harris chairs the task force, which includes the heads of several federal agencies.

“Of the 7.8 million workers employed in the U.S. construction industry, 87.3% have freely chosen not to join a union for a variety of compelling reasons. This choice is an important cornerstone of fair and open competition, which creates rewarding, sustaining careers in construction for all and provides tremendous value to taxpayers funding new infrastructure, clean energy, schools and affordable housing needed to rebuild America,” said Bellaman.

“It is concerning that the Biden administration is promoting policies that undermine workers’ choice to freely join a union, such as government-mandated project labor agreements, which force workers to join a union and/or pay union dues as a condition of employment on federal and federally assisted construction projects,” said Bellaman. “This reduces competition by small, women and minority businesses and workers and increases construction costs by 12%-20%, resulting in fewer jobs and improvements to America’s infrastructure. The Biden administration is also a strong supporter of the ABC-opposed Protecting the Right to Organize Act, which undermines a workers’ right to a secret ballot in a workplace election and suppresses worker choice by eliminating 27 state right-to-work laws that prohibit compulsory union membership in order to work.”

“Construction industry employers and employees should be watching the task force’s recommendations closely for its support of additional policies that will also increase costs to taxpayers, eliminate opportunities for small businesses, discriminate against nonunion workers and undermine America’s economic resilience and competitive edge in the global economy,” said Bellaman.

Construction industry employers and employees should be watching the task force’s recommendations closely for its support of additional policies that will also increase costs to taxpayers, eliminate opportunities for small businesses, discriminate against nonunion workers and undermine America’s economic resilience and competitive edge in the global economy.

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On April 14, Republicans in the U.S. House of Representatives, led by Rep. Garrett Graves (R-La.), reintroduced the Building U.S. Infrastructure Through Limited Delays & Efficient Reviews (BUILDER) Act, which would modernize the outdated National Environmental Policy Act) to make infrastructure project reviews more efficient, reduce project costs, spur economic recovery and rebuild America. The BUILDER Act has been reintroduced as a leading priority of ABC and Congressional Republicans as negotiations continue on Capitol Hill on forming significant infrastructure legislation.

Following the reintroduction of the BUILDER Act, ABC Vice President of Legislative & Political Affairs Kristen Swearingen issued the following statement of support:

 “ABC applauds Rep. Graves and congressional leaders for reintroducing the BUILDER Act, which will go a long way towards eliminating unnecessary delays that cause budget overruns in construction. Construction businesses recovering from the COVID-19 pandemic will surely benefit from these modifications, which will help reduce costs for hardworking taxpayers and speed up project approvals so that the U.S. workforce can get back on the job quickly and safely. The coordinated, predictable and transparent process to streamline permitting will also enable the construction industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and stewarding public funds properly.”

ABC is a member of the Unlock American Investment Coalition, which focuses on modernizing NEPA and unlocking American investment in a modern, efficient infrastructure and creating middle-class-sustaining jobs while advancing good environmental stewardship.

On March 2, 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. In a letter, the coalition addressed the economic issues brought on by the coronavirus pandemic and how investment in various infrastructure projects will encourage recovery and growth as long as the federal environmental review and permitting process is improved.

ABC has also supported regulatory efforts to modernize and create a more efficient NEPA review process, including support for the U.S. Council on Environmental Quality’s final rule revising its regulations implementing the procedural provisions under NEPA in July 2020.

Additionally, ABC and several other organizations submitted comments in support of the U.S. Department of Transportation’s proposed revisions to its regulations implementing the procedural provisions of NEPA.

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