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On Jan. 12, President Trump announced his intent to nominate John F. Ring to be a member of the National Labor Relations Board. Ring is a partner at the law firm of Morgan Lewis & Bockius and co-leader of the firm’s labor/management relations practice. If confirmed, Ring will reinstate a Republican majority on the board; the current board is deadlocked at 2-2, following former Chairman Phil Miscimarra’s departure in December.

ABC Vice President of Legislative & Political Affairs Kristen Swearingen praised the prospective nomination in her role as chair of the Coalition for a Democratic Workplace (CDW). 

“CDW commends the President’s announcement stating his intent to nominate John F. Ring as a Member of the National Labor Relations Board,” said Swearingen. “Ring has worked with employees and employers over several decades in his respected career. His experience will enable him to quickly join Republican board members William Emanuel and Marvin Kaplan in restoring objectivity to what has become, in recent years, an activist panel.

“CDW believes Ring is highly qualified to build on the progress the board made prior to Chairman Miscimarra’s departure. Perhaps most notably, the board’s decision in Hy-Brand Industrial Contractors, Ltd.—which overturned the board’s radical decision in Browning-Ferris Industries concerning what constitutes joint employment—signifies a new era for the Board focused on implementing a balanced approach to federal labor policy.

“CDW is hopeful Ring will be confirmed by the Senate by early Spring, considering the board’s current deadlock. We urge the Senate to act expeditiously so the board can continue to interpret the National Labor Relations Act in a manner that respects the rights of both workers and employers, ushering in a new period of economic progress for all Americans.”

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U.S. Labor Secretary Alexander Acosta delivered the keynote address at the Associated Builders and Contractors of West Virginia (ABCWV) 22nd Annual Winter Meeting at the Greenbrier Resort and Hotel, Jan. 11-14. “We were certainly excited to hear from the secretary on matters critical to the growth and development of West Virginia’s labor force,” said ABCWV President & CEO Bryan Hoylman. “While our membership is optimistic about the positive news on the economic front of late, our industry continues to face significant challenges when attempting to locate, transition and train a skilled workforce ready to meet the demands of a rebounding economy.” 

Following an introduction from Sen. Shelly Moore Capito (R-W.Va.), Secretary Acosta addressed a crowd of over 150 construction industry leaders and professionals on matters such as accelerating apprenticeship training nationwide and a proposal to expand healthcare options for millions of working families through association health care plans.

“His visit was extremely well received by our membership.” Hoylman said. “In both his address to the entire group and our conversations with him throughout the evening, it was apparent that we have an extremely qualified and competent leader in charge of the Labor Department. Having someone who is so dedicated to expanding opportunities for American workers, and doing so fairly and impartially, is not only refreshing, it is paramount to the success of our country.”

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The Occupational Safety and Health Administration (OSHA) recently announced that covered employers can now electronically report their calendar year 2017 Form 300A data through OSHA’s Injury Tracking Application (ITA). Covered establishments are required to submit the information by July 1, 2018. 

Learn which establishments are covered by this requirement and need to provide their 2017 data through OSHA’s ITA.

The following information on electronic reporting is available on the Department of Labor’s (DOL) website:

• Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2. Note: at the time of this writing, the OSHA website states: “OSHA is not accepting Form 300 and 301 information at this time. OSHA announced that it will issue a notice of proposed rulemaking (NPRM) to reconsider, revise, or remove provisions of the “Improve Tracking of Workplace Injuries and Illnesses” final rule, including the collection of the Forms 300/301 data. The agency is currently drafting that NPRM and will seek comment on those provisions.”

• Establishments with 20-249 employees in certain high-risk industries must submit information from their 2016 Form 300A by Dec. 15, 2017 and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

According to the DOL website, the following OSHA-approved state plans have not yet adopted the requirement to submit injury and illness reports electronically: California, Maryland, Minnesota, South Carolina, Utah, Washington and Wyoming. Establishments in these states are not currently required to submit their summary data through the injury tracking application. Similarly, state and local government establishments in Illinois, Maine, New Jersey and New York are not currently required to submit their data through the Injury Tracking Application. 

Contact information for each of the state plans can be found on OSHA’s website.

Note: Enforcement of the anti-retaliation provisions of the Improve Tracking of Workplace Injuries and Illnesses final rule went into effect on Dec. 1, 2016.

In 2016, ABC filed a lawsuit against the final rule, which remains pending.
 
More information about the final rule can be found on DOL’s website and the ITA landing page.

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Standard Constructors Inc. of Houston, a member of ABC’s Greater Houston Chapter, has been awarded Accredited Quality Contractor (AQC) status by ABC.

The AQC program recognizes and honors construction firms that document their commitment to excellence in five key areas of corporate responsibility: quality, safety, employee benefits, training and community relations. A company that meets the criteria set forth in the program and has earned Safety Training Evaluation Process (STEP) Gold, Platinum or Diamond status, is formally designated an “Accredited Quality Contractor.” 
     
Companies selected as an Accredited Quality Contractor receive:

• Wide recognition within the industry and business community and with the public 
• Authorization to use AQC language in bid documents 
• Permission to use the AQC logo on letterhead, business cards and jobsite signs
• Access to AQC marketing materials such as hard hat stickers, membership plaques, etc. 
• Points on ABC National Excellence in Construction^® award submissions
• Mention in the December issue of ABC’s magazine, Construction Executive^®, as well as eligibility to purchase specially priced packages for half-page, full-page and two-page designs

For more information, visit abc.org/aqc or contact aqc@abc.org. 

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WASHINGTON, Jan. 11—Overall construction input prices declined 0.1 percent in December, yet despite the lack of inflation for the month, prices are up 5 percent on a year-over-year basis, according to an Associated Builders and Contractors (ABC) analysis of  Bureau of Labor Statistics data released today.  Nonresidential construction materials prices also declined 0.1 percent for the month and are up 4.8 percent from the same time one year ago. 

Energy prices have been more volatile lately. Natural gas prices increased 13.7 percent from November, but are 6.3 percent lower on a year-over-year basis. Crude petroleum prices rose 16.4 percent between December 2016 and December 2017 and have been climbing higher during the first days of 2018. 

“Given stronger global and domestic economic growth, elevated liquidity in international financial markets, burgeoning trade disputes and efforts by certain energy producers to limit supply growth even as prices rise, one would have expected a sharper increase in construction materials prices in December,” said ABC Chief Economist Anirban Basu. “The fact that inflation remains contained should be viewed by most contractors as very good news. Not only are many contractors vulnerable to sudden increases in certain materials prices, but faster inflation can trigger higher interest rates, which ultimately reduce the demand for construction services.

“Though the overall Producer Price Index (PPI) indicates low December inflation, a number of materials prices increased, including iron and steel and the category that includes prepared asphalt,” said Basu. “Softwood lumber prices, by contrast, fell.

“Despite December’s reprieve from rising inflationary pressures, many economists expect inflation to become more apparent as 2018 proceeds,” said Basu. “Recently enacted federal tax cuts stand to supercharge the economy, which should translate into more construction starts later this year and into 2019. At the same time, growth in Europe and in much of Asia remains solid. India’s economy is expected to expand more than 7 percent this year, and China’s by more than 6 percent. The upshot is that December’s data may come to represent an exception during an increasingly inflationary period.”

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On Jan. 8, U.S. Department of Homeland Security Secretary Kirstjen Neilsen announced the termination of the Temporary Protected Status (TPS) designation for El Salvador. The designation, which was granted after two destructive earthquakes in 2001, will terminate in 18 months on Sept. 9, 2019. Last year, the Trump administration announced it is terminating TPS designations for Haitians on July 22, 2019, and for Nicaraguans on Jan. 5, 2019.
 
An estimated 50,000 TPS designees currently work in construction, which already faces a shortage of 500,000 workers to fill existing jobs. On Oct. 11, 2017, as part of the Essential Worker Immigration Coalition (EWIC), ABC expressed its concern regarding the potential termination of the TPS designation for immigrants in the construction industry and urged Congress and the White House to support a policy that addresses the industry’s workforce needs and recognizes the contributions that these individuals have made to the U.S. economy.

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During live appearances on CNBC’s “Squawk Box” Jan. 8 and Fox Business Network’s “Varney & Co.” Jan. 5, ABC President and CEO Mike Bellaman told viewers that while the construction industry is booming, the challenge going forward is finding skilled labor, especially if Congress passes a wide-ranging, trillion dollar bill meant to address the country’s aging infrastructure.

On both shows, Bellaman touted the record amount of construction spending the government reported for November 2017, the projected 2 percent to 3 percent growth in 2018, and the expectation that construction’s 2017 wage growth of 4 percent will continue. Bellaman attributed this success to the Trump administration’s business-friendly rollbacks of regulations and the passage of tax reform. He said both of these moves are creating a culture change in Washington, which is giving construction CEOs more confidence. 

Bellaman also told viewers of both networks that if Washington passes an infrastructure bill, the construction industry’s current skilled labor shortage of 500,000 workers could grow by another 700,000. Bellaman said the construction industry’s competency-based training programs and the U.S. Department of Labor’s Task Force on Apprenticeship Expansion are steps in the right direction to shrink the skilled labor shortage.

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On Jan. 5, the Department of Labor’s (DOL) Employee Benefits Security Administration published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on the expansion of Association Health Plans (AHPs). 

According to a DOL press release, the proposed rule would increase access for small businesses to offer employment-based health insurance through AHPs and give access to 11 million small business employees/sole proprietors and their families who do not have employer-sponsored insurance. 

The NPRM stems from President Trump’s Executive Order 13813 on “Promoting Healthcare Choice and Competition Across the United States,” which directed the U.S. Secretary of Labor to consider proposing regulations expanding AHPs. The executive order also aims to expand the availability of short-term, limited-duration insurance and the use of health reimbursement arrangements. 

The period for public comment on the NPRM ends March 6, 2018.     

On March 22, 2017, the U.S. House of Representatives passed H.R. 1101, the Small Business Health Fairness Act, which would allow small businesses to access quality, affordable health care coverage through AHPs. ABC, which has consistently supported AHPs, sent a key vote letter to members of the House in support of H.R. 1101. The U.S. Senate has taken no action on the bill.

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Effective Jan. 2, the U.S. Department of Labor (DOL) increased civil monetary penalties for violations of Occupational Safety and Health Administration (OSHA) standards and regulations. 

According to the OSHA website, the maximum penalty for other-than-serious, serious and failure to abate violations is now $12,934, and the maximum penalty for willful or repeat violations is $129,336. 

As part of the Bipartisan Budget Act of 2015, agencies were directed to adjust their civil monetary penalties annually to account for inflation no later than Jan. 15. 

Additionally, states with their own Occupational Safety and Health Plans are required to adopt maximum penalty levels that are at least as effective as the federal levels. 

Background information on the 2016 Rule to Adjust Penalties:

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WASHINGTON, Jan. 5—George R. Nash Jr., director of preconstruction for Branch & Associates in Herndon, Va., began his one-year term as chair of Associated Builders and Contractors (ABC) on Jan. 1, 2018. He leads the 21,000-plus member association’s executive committee and board of directors, guides its national initiatives and serves as its spokesperson.

Nash has more than 35 years of experience in the construction industry and has worked in every facet of commercial construction, including estimating, procurement, operations, preconstruction and business development. He has managed a multitude of projects ranging from small and large commercial buildings to public stadiums.

“George’s experience has prepared him to lead the industry as we cultivate the construction workforce of the future, defend the principles of free enterprise and deliver high-quality, safe construction projects,” said ABC President and CEO Mike Bellaman. “George understands the critical role of commercial and industrial construction companies in growing the economy and creating jobs as our members begin to see the benefits of recently passed tax reform legislation and regulatory relief from the Trump administration.”

Previously, Nash served as ABC chair-elect in 2017 and as the Mid-Atlantic region vice chair in 2016 and 2015. The Mid-Atlantic region includes members and chapters in Delaware, the District of Columbia, Maryland, Virginia and West Virginia. He was the 2014 chair of the ABC National Political Action Committee and the chair of the ABC Metro Washington Chapter in 2010. 

Nash has also held prior positions in a variety of construction and community groups, including being a member of the Town of La Plata Green Building Committee, a mentor and advisor for the ABC Metro Washington Leadership Development Program, a member of the Charles County Chamber of Commerce Legislative Committee and a board member of the Northern Virginia Transportation Alliance. 

Nash earned a bachelor’s degree in business administration from Towson University.

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