Category: News Line

On July 13, the House of Representatives voted down Rep. Paul Gosar’s amendment to the National Defense Authorization Act by a vote of 183-242.

The amendment, H. Amdt. 180 (Gosar) H.R. 2810, would have directed the secretary of labor to use Bureau of Labor Statistics (BLS) data for wage determinations under the Davis-Bacon Act (DBA). Using accurate BLS data would prove the federal government is sincere in its goal of curbing waste and stretching project dollars further in addition to increasing competition, lowering costs and helping to level the playing field for all members of the construction industry.

Enacted in 1931, the Davis-Bacon Act requires contractors to pay no less than the local prevailing wage to on-site workers on federally funded construction projects costing more than $2,000.

The bill itself, H.R. 2810 National Defense Authorization Act, passed the House of Representatives on July 14 by a recorded vote of 344-81. The bill would authorize and prioritize funding totaling $696 billion for the Department of Defense and military activities and construction. The bill now heads to the Senate for further debate and voting. 

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On June 27, the Occupational Safety and Health Administration issued a proposed rule to revoke the ancillary provisions of the Beryllium final rule for the construction and shipyard sectors that OSHA finalized on Jan. 9, 2017. Beryllium is a lightweight but strong metal used in a number of industries. The January final rule points directly to the construction task of abrasive blasting operations which use slags that contain trace amounts of beryllium.

The proposal seeks to revoke the ancillary provisions but retain the permissible exposure limit of .2 micrograms per cubic meter of air as an eight-hour weighted average and the short-term exposure limit of 2.0 micrograms per cubic meter of air, which is fifteen minutes. 

The public has until Aug. 28, 2017 to submit comments on this proposal. On March 9, ABC and other construction groups filed a petition against the final rule, which remains pending at this time.

For more information on the Jan. 9, 2017, final rule please see OSHA’s website.

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On July 12, the United States Court of Appeals for the Seventh Circuit upheld a Wisconsin right-to-work law after two chapters of the International Union of Operating Engineers (IUOE) filed a lawsuit against the state.

The law, 2015 Wisconsin Act 1, prohibits business and unions from working together to require all workers to pay union dues as a condition of employment. The IUOE claimed the law was unconstitutional and allows nonunion employees to receive free representation in negotiations.

The original case, International Union of Operating Engineers v. Schimel, No. 16-3834 (7th Cir. 2017), was argued in September, 2016, before the U.S. District Court for the Eastern District of Wisconsin, which ruled in favor of the state. Now the court of appeals has affirmed the decision of the district court, stating the plaintiffs made a case almost identical to a previous ruling that did not favor the union.

According to the court of appeals, the decision followed a similar case in Indiana, Sweeney v. Pence, 767 F.3d 654 (7th Cir. 2014), in which the court decided that Indiana’s 2012 right-to-work law did not violate the National Labor Relations Act (NLRA) and remained law.

The quick decision by the court of appeals, however, leaves the union plaintiffs with various options to challenge the recent ruling. Options for the union include submitting an en banc review of the precedent set in Sweeney v. Pence, where a closer examination from all of the 7th Circuit judges could lead to a different decision, or taking the case to the U.S. Supreme Court.
 
Earlier this year, Wisconsin Gov. Scott Walker (R) signed Act 3, which ensures fair and open competition on local, state and state-assisted construction projects by prohibiting anti-competitive and costly government-mandated project labor agreements (PLAs). The legislature is also considering a full repeal of Wisconsin’s prevailing wage law, which was reformed in 2015 with the passage of S.B. 339.

According to ABC’s latest Merit Shop Scorecard rankings,  Wisconsin’s construction business environment ranked 21st in the country in 2016 but will likely improve when the 2017 scorecard is released following reforms enacted this year. The meritshopscorecard.org website reviews and grades state-specific policies and information significant to the success of the commercial and industrial construction industry, including prevailing wage, PLA mandates, right-to-work status, the construction job growth rate, commitment to developing a well-trained workforce, career and technical education (CTE) opportunities and results and the use of public-private partnerships (P3s). 

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There are many ways to get connected and stay up to date on ABC’s latest news and member resources. Whether you prefer scrolling through social media or reading print magazines, it’s both easy and free to be in-the-know on today’s hot-button issues.

Share Newsline stories, subscribe to ABC’s award-winning Construction Executive magazine, download ABC Action app or follow ABC on Twitter, Facebook and more to connect with peers, receive breaking news most relevant to you and learn about best practices in merit shop construction. Join the conversation by using #ABCMeritShopProud to promote your successes and read the posts aggregated from chapters nationwide.

Visit abc.org/getengaged for a list of ABC’s member communication tools and links. Find us on Facebook, YouTube, Twitter, Instagram, LinkedIn, and Flickr—and invite a colleague to get connected today! 

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The Internal Revenue Service last week identified the proposed Section 2704 regulations concerning the valuation of family businesses among eight unduly burdensome or complex rules that would be marked for rescission or modification. According to the notice, “these proposed regulations would create an additional category of restrictions that also would be disregarded in assessing the fair market value of an interest.” The notice also noted concerns from public commenters including the increased financial burden to family businesses and the difficulty in making accurate valuations.

The move comes as welcome news to family owned construction businesses. Last month Associated Builders and Contractors, along with several other trade groups, released a new study on the impact these pending Section 2704 regulations would have on family businesses and their employees.

The notice was issued pursuant to Executive Order 13789, signed by President Trump in April, in which the Treasury Department was instructed to review all significant rules issued since 2016 in order to identify and reduce tax regulatory burdens.

The notice further provides for a public comment period on whether the identified regulations should be rescinded or modified. Comments from the public are due Aug. 7.  A final report from the secretary of the treasury is due on Sept. 18.

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On June 27, the Environmental Protection Agency, Department of the Army and Army Corps of Engineers announced they are proposing to rescind the 2015 Clean Water Rule and re-codify the regulatory text that existed prior to the “waters of the United States,” or WOTUS, rule in 2015. The final rule, which was first issued in May 2015, dramatically expanded the scope of federal authority over water and land uses across the country.

“This is the first step in the two-step process to redefine ‘waters of the U.S.,’ and we are committed to moving through this re-evaluation to quickly provide regulatory certainty in a way that is thoughtful, transparent and collaborative with other agencies and the public,” said EPA Administrator Scott Pruitt in the news release.

The proposed rule resulted from President Donald Trump’s Executive Order on “Restoring the Rule of Law, Federalism and Economic Growth by Reviewing the ‘Waters of the United States’ Rule,” which states that the WOTUS final rule should be reviewed in order to protect American waterways from pollutants and do so in the most economic way.

Since Oct. 9, 2015, the 2015 WOTUS final rule has been under a nationwide stay by the U.S. Sixth Circuit Court of Appeals.

Additional information about the WOTUS rulemaking can be found on EPA’s website.

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ABC’s 2017 National Craft Championships gold medalists, Craft Instructor of the Year and Craft Professional of the Year were honored before an audience of more than 41,000 at a July 3 Major League Baseball game at Nationals Park in Washington, D.C. As spectators filed into the stadium, the champions were recognized on the field for their achievements during the pre-game ceremony.

Honorees included:

• Jose Chavez, Starcon International, insulation competition gold medalist
• Jonathan Christenberry, Gaylor Electric Inc., electrical – commercial/industrial competition gold medalist
• Joel Dutton, TD Industries, pipefitting competition gold medalist
• Wade Fuller, Bill Rhiner’s Plumbing, plumbing competition gold medalist
• Brandyn Kendall, Cianbro, pipe welding competition gold medalist
• Andrew Lensink, De Troye Electric Service, HVAC competition gold medalist
• Joseph Smith, Pritt Electric, electrical – residential/commercial competition gold medalist 
• Roger Thompson, Jesse Stutts Inc., Craft Instructor of the Year
• Adam Ruff, Price Electric, Craft Professional of the Year

The champions were congratulated on the field by U.S Secretary of Labor Alexander Acosta, ABC National Chairman Chuck Goodrich and ABC Chair-elect George Nash. A video highlighting the National Craft Champions was also shown on the big screen before the game started.

The National Craft Championships helps to raise the profile of careers in construction and highlight the $1.1 billion that ABC member companies spend annually on workforce development. The ABC Freedom Fireworks event comes at a pivotal time for the American workforce as the Trump administration acts to expand apprenticeship opportunities and workforce development strategies required to fill nearly a half million jobs that are currently open in the construction industry. ABC recently launched a new workforce development website, workforce.abc.org. The site features information on training and education, career paths, safety and diversity programs and workforce development programs ABC manages around the country. 

In 2015, ABC began a partnership with the Washington Nationals to educate the general public, influential legislators and regulators on the merit shop philosophy and importance of safety, quality and workforce development. Print ads, radio spots, and digital signage were created to showcase the core values held by ABC and its members, raise visibility for the construction industry and promote a positive image of careers in construction to young people, their families and veterans. 

The creative materials are available to ABC chapters to use in their local communities and can be accessed on National Connections or by contacting Sandy Lynch. 

Following the pre-game ceremony, Wade Fuller threw out the first pitch while Brandyn Kendall delivered the line-up card to the umpires at home plate. Then Jose Chavez kicked off the game by making the “play ball” announcement before the first inning. 

The game ended in a 3-2 win over the New York Mets. Following the game, the big screen displayed an ABC-branded clock which began the countdown to the night’s Freedom Fireworks. 

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ABC’s 2017 National Craft Championships gold medalists, Craft Instructor of the Year and Craft Professional of the Year were honored before an audience of more than 41,000 at a July 3 Major League Baseball game at Nationals Park in Washington, D.C. As spectators filed into the stadium, the champions were recognized on the field for their achievements during the pre-game ceremony.

Honorees included:

• Jose Chavez, Starcon International, insulation competition gold medalist
• Jonathan Christenberry, Gaylor Electric Inc., electrical – commercial/industrial competition gold medalist
• Joel Dutton, TD Industries, pipefitting competition gold medalist
• Wade Fuller, Bill Rhiner’s Plumbing, plumbing competition gold medalist
• Brandyn Kendall, Cianbro, pipe welding competition gold medalist
• Andrew Lensink, De Troye Electric Service, HVAC competition gold medalist
• Joseph Smith, Pritt Electric, electrical – residential/commercial competition gold medalist 
• Roger Thompson, Jesse Stutts Inc., Craft Instructor of the Year
• Adam Ruff, Price Electric, Craft Professional of the Year

The champions were congratulated on the field by U.S Secretary of Labor Alexander Acosta, ABC National Chairman Chuck Goodrich and ABC Chair-elect George Nash. A video highlighting the National Craft Champions was also shown on the big screen before the game started.

The National Craft Championships helps to raise the profile of careers in construction and highlight the $1.1 billion that ABC member companies spend annually on workforce development. The ABC Freedom Fireworks event comes at a pivotal time for the American workforce as the Trump administration acts to expand apprenticeship opportunities and workforce development strategies required to fill nearly a half million jobs that are currently open in the construction industry. ABC recently launched a new workforce development website, workforce.abc.org. The site features information on training and education, career paths, safety and diversity programs and workforce development programs ABC manages around the country. 

In 2015, ABC began a partnership with the Washington Nationals to educate the general public, influential legislators and regulators on the merit shop philosophy and importance of safety, quality and workforce development. Print ads, radio spots, and digital signage were created to showcase the core values held by ABC and its members, raise visibility for the construction industry and promote a positive image of careers in construction to young people, their families and veterans. 

The creative materials are available to ABC chapters to use in their local communities and can be accessed on National Connections or by contacting Sandy Lynch. 

Following the pre-game ceremony, Wade Fuller threw out the first pitch while Brandyn Kendall delivered the line-up card to the umpires at home plate. Then Jose Chavez kicked off the game by making the “play ball” announcement before the first inning. 

The game ended in a 3-2 win over the New York Mets. Following the game, the big screen displayed an ABC-branded clock which began the countdown to the night’s Freedom Fireworks. 

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During ABC’s Legislative Week 2017, an ad entitled ‘ABC Members Build America’ was released via social media. The ad features updated information on the growing nonunion workforce chart, construction industry tax rates and ABC members’ improving safety performance. The ad has been made available as a marketing resource for ABC members and chapters.

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Earlier this month, the Center for Construction Research and Training (CPWR) published a new Hazard Alert that addresses heat hazards and the best methods to prevent illness and injury while working in hot weather.

As part of the Occupational Safety and Health Administration’s (OSHA) cooperative programs to provide safety and health resources, the Hazard Alert recommends workers and employers protect themselves by doing the following:

• Dress for hot conditions – this includes wearing clothes that are light-colored, loose-fitting and lightweight
• Drink water – the Hazard Alert advises drinking water every 15 minutes in hot conditions. It also suggests employers provide roughly 4 cups of cool, clean water for each worker every hour
• Take breaks – the Hazard Alert suggests taking these breaks in shaded, cooled or air-conditioned areas  

Additionally, the alert explains what to look for as signs of heat stroke and heat exhaustion. Symptoms of heat stroke include confusion or fainting, dry and hot skin, and convulsions or seizures, and symptoms of heat exhaustion include weakness and wet skin, headache, dizziness, or fainting and nausea or vomiting.

According to the CPWR website, 17 construction workers died from heat stroke in 2015; OSHA also reported that thousands of workers suffer illness due to heat-related causes every year.

In 2013, OSHA released an app for mobile devices as part of a campaign to educate workers and employers about the hazards of heat illness.

The Hazard Alert, along with other educational resources and tools, are available for download. 

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