The Occupational Safety and Health Administration (OSHA) has issued a temporary enforcement policy to allow for crane operator certifications issued prior to December 2, 2019 by the Crane Institute Certification (CIC) to be temporarily accepted by the agency. OSHA requires crane operators engaged in construction activity to be certified by an entity holding accreditation through a nationally recognized agency. CIC no longer holds such accreditation. The policy explains that, although CIC-issued certifications are not compliant with OSHA’s operator certification requirement, OSHA does not intend to cite employers for operating equipment that violates that requirement if their operators, in good faith, obtained CIC-issued certifications prior to December 2, with the belief the certifications met the standard’s requirements. Until further notice, OSHA will not accept CIC certifications – including re-certifications – issued on or after December 2, 2019.
On Dec. 3, the 51·çÁ÷ co-chaired Transportation Construction Coalition (TCC) urged House and Senate negotiators to complete action on the fiscal year 2020 transportation appropriations bill. Both the House and Senate have passed their own versions of the legislation and must now agree to a compromise bill. The TCC applauded both the House and Senate versions for fully funding the program levels authorized by the FAST Act. It also called for the final bill to include at least $2.7 billion in supplemental highway funding and $750 million in supplemental public transportation funding to address surface transportation needs in all states, $1 billion for the BUILD grant program, and additional funding for Airport Improvement Program grants. The U.S. Department of Transportation programs, along with other federal programs, are currently operating under a short-term continuing resolution that expires on Dec. 20.
Every year, 51·çÁ÷ of America’s Student Chapter members and faculty gather together at 51·çÁ÷’s Annual Convention to connect with chapters across the nation, share ideas, become exposed to industry trends, issues and technological developments and experience the excitement of entering this important industry! Make sure your student chapter members join us again this year for our annual Student Chapter meeting where we will recognize the 51·çÁ÷ Education and Research Foundation award winners, hear presentations by the 2019 Outstanding Student Chapter Contest winners and participate in Student Chapter best practices roundtable discussions. 51·çÁ÷ of America also offers students the chance to participate in the Bill Ratz Memorial Topgolf Tournament with the 51·çÁ÷ Education and Research Foundation. Student and faculty registration rates can be found on the 51·çÁ÷ Convention website. To obtain dates and times for student sessions at Convention and to get your students registered please contact paige.packard@agc.org.
Dallas-Plano-Irving, Texas and Omaha-Council Bluffs, Neb.-Iowa Have Largest Gains; New York City and Fairbanks, Alaska Lag the Most as Industry Calls for Measures to Boost Supply of Qualified Workers
CLC volunteers from the Builder’s Association in Kansas City, Missouri braved the humidity on Saturday, August 10, 2019, to transform the outdoor areas of an Overland Park Missouri residence into an attractive and welcoming landscape. The residence is owned and operated by Friends of JCDS (Johnson County Developmental Supports), Inc., a non-profit that provides affordable and accessible housing and other services for adults with intellectual and developmental disabilities.
Save the Date for July 14-16, 2020, in Louisville, KY
The National Labor Relations Board (NLRB) in LA Specialty Produce Company recently overturned an administrative law judge’s (ALJ) finding that an employer’s confidentiality rule and media rule violated the National Labor Relations Act (NLRA). Applying the balancing test articulated in its 2017 Boeing decision for the first time, the NLRB emphasized that a work rule is lawful if, when reasonably interpreted, it does not interfere with rights protected by the NLRA. The work rule must be considered in the context of its everyday application. Moreover, even if the rule in question might interfere with NLRA rights, the NLRB must weigh the impact of the rule on NLRA rights against the employer’s business justification for the rule. The rule is unlawful only if the adverse impact on NLRA rights outweighs the justification for the rule.
<p>On Nov. 15, the U.S. Environmental Protection Agency (EPA) finalized an 51·çÁ÷-supported <a href="https://www.epa.gov/hw/increasing-recycling-adding-aerosol-cans-universal-waste-regulations">rule</a> that expands universal waste regulations to include aerosol cans and streamlines the management of this waste. This measure should help construction firms maintain a lower-tier generator category, as aerosol cans are often the only hazardous waste stream produced on a construction site. This rule also promotes safe puncturing practices and recycling. EPA estimates it will reduce annual regulatory cost between $5.3 million to $47.8 million.</p>
As the U.S. House may consider a suite of bills to spur action on per- and polyfluoroalkyl substances (PFAS)—a large and diverse group of chemicals—51·çÁ÷ and industry allies urged policymakers to rely on sound science before enacting a one-size-fits-all approach for properly dealing with the chemicals. Treating all PFAS substances the same, without any regard to science, would lead to unnecessary liability for contractors and result in wide-spread and possibly unnecessary remediation of soil and water. 51·çÁ÷ urges that any federal actions on this subject address specific PFASs and take a consistent approach to establish risk-based standards.
On Nov. 20, Senate Republicans introduced an alternative for addressing the multiemployer pension plan crisis. This plan differs greatly from the House-passed Butch Lewis Act. While it makes positive structural reforms to the multiemployer pension plan system, it also raises questions on how it would impact plans and contributing employers. 51·çÁ÷ will continue to advocate for a package that provides employees and employers with viable options for addressing pension funding shortfalls and allows for greater plan flexibility. For further information on the Senate plan, view the White Paper and Technical Explanation.