51����

51���� Tells EPA Why Contractors Need Protection from Superfund’s Liability Framework

On March 28, 51���� responded (via individual and coalition comments) to the U.S. Environmental Protection Agency’s (EPA) premature revision to the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). 51���� supports the establishment of reasonable air quality rules that are necessary, based on sound science and measurably improve public health. However, this proposal would greatly increase the stringency of the PM NAAQS ahead of schedule, without clear justification in the science, and contrary to the Administration’s commitment to improve infrastructure and create jobs. Geographic areas that cannot meet these standards could face sanctions, such as a loss of federal highway funding or inability to permit new projects. 51���� urged EPA to retain the current standards and highlighted a concern that states—in an attempt to meet the standards—may place restrictions on the use and operation of diesel equipment, which are, in essence, construction bans.

The U.S. Environmental Protection Agency (EPA) recently released the Spanish language version of its Construction Inspection Training Course. (The English version of the training is online here.) Construction site operators permitted under EPA’s 2022 Construction General Permit (CGP) are required to ensure that any individual conducting site inspections is a “qualified person.” The 2022 CGP includes new requirements for qualified persons that apply to all sites that receive permit coverage on or after February 17, 2023. After this date, an individual may be considered a qualified person only if they:

At the 51���� Annual Convention in Las Vegas, Nevada, the Highway and Transportation Division by acclamation elected Jeff Firth as Chairman for 2023-2024. Jeff is the Vice President of Hamilton Construction, in charge of company operations and contract management. With over 27 years of estimating, engineering, and project management experience on complex, heavy civil bridge and highway projects in Oregon and Washington, Jeff provides critical executive oversight on Hamilton’s most complex and demanding projects, as well as insight on elements of open-book accounting, value-engineering, preconstruction technical approach and management.

In a recent article reporting on the National Labor Relations Board’s (NLRB or Board) decision in McLaren Macomb, which changes the Board’s approach to the lawfulness of key provisions often found in severance agreements, we indicated that the NLRB’s general counsel would eventually issue guidance on questions arising as a result of that decision. That day has come. On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05, Guidance in Response to Inquiries about the McLaren Macomb Decision. The Guidance covers a range of topics and questions of importance to employers.

In its February 21, 2023, decision in the McLaren Macomb case, the National Labor Relations Board (NLRB or Board) explicitly overruled Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020) and reversed Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology that had permitted employers to include broad confidentiality provisions and non-disparagement clauses in severance agreements.

Digital, Video and Printable Versions of the Annual Report are now available at report.agc.org