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Phyllis Harden

Legislative & Special Projects, Pine Bluff Sand & Gravel
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Monthly Archives: December 2016

Stormwater and WOTUS Wrap-Up

December 22, 2016

AGC Gets Results in 2016, Braces for More Water Rules in Early 2017

Get Involved in AGC Environmental Programs Planned for 2017

December 22, 2016

AGC is planning several events in the coming year that are of interest to environmental professionals in the industry.  Please save the dates for these special events in 2017 and stay tuned for more information and exciting updates.

AGC Shares Regulatory Plan with Trump Transition Team

December 22, 2016

This week, AGC shared its federal agency regulatory, compliance and enforcement plan with members of the Trump Presidential Transitional Team.

AGC Recommends Improvements for Davis-Bacon Wage Survey Process

December 22, 2016

In response to a request for comments from the U.S. Department of Labor’s Wage and Hour Division, on Dec. 19, AGC notified the agency that improvements are needed to the way it collects wage data from construction contractors.  The Wage and Hour Division is responsible for setting the prevailing wage rate for federal and federally assisted construction projects covered by the Davis-Bacon Act and currently uses wage surveys to collect wage data from contractors.  The agency’s request for comments is a required part of the regulatory process as the agency seeks to extend the use of its current wage survey form (Form WD-10), which expires in 2017.

OSHA Publishes Second Controversial Recordkeeping Regulation in 2016

December 22, 2016

On Dec. 19, the Occupational Safety and Health Administration (OSHA) published a final rule to revise existing language in the recordkeeping regulation to emphasize an employer’s responsibility to make and maintain accurate OSHA 300 Logs and all related incident reports.  The new rule drastically expands on the existing regulatory language and in some cases added new provisions.  While the newly published rule does make clear OSHA’s expectations involving the maintenance of injury and illness records, the true impetus for the rulemaking is to drastically expand the agency’s statute of limitation granted by the OSH Act. The OSH Act clearly states that “no citations may be issued after the expiration of six months following the occurrence of any violation.” However, this new rule will allow contractors to be cited for honest mistakes, or inaccuracies, related to recordkeeping dating back as far as five-and-a-half years.  OSHA’s justification is that an omission of an injury or illness from the OSHA 300 Log constitutes an ongoing occurrence until corrected during the five-year retention period under the recordkeeping regulation. 

Visit Your Congressmen Next Week and Urge Them to Fix the Highway Trust Fund

December 22, 2016

Talking Points Can be Found at

While Members of Congress are back home for the remainder of the year, the AGC co-chaired Transportation Construction Coalition (TCC) is urging our members to contact their Members of Congress – either in person or via email – and encourage them to permanently fix for the Highway Trust Fund.  A new Congress and administration could provide the opportunity to fix the trust fund either through tax reform and/or an infrastructure package (as promised by President-Elect Trump).

"Civilian BRAC" Becomes Law

December 22, 2016

$8 Billion in Federal Real Property Up for Consideration 

Last week, the President signed into law the AGC-supported Federal Assets Sale and Transfer Act. This bipartisan law will shrink the federal footprint and streamline the disposal of excess or underutilized federal buildings. AGC has long been involved in pushing for federal real property reform and strongly supports these efforts. 

New FAR Rule on Prime Contractor Payments to Small Business Subcontractors

December 22, 2016

FAR Council Addresses Many of AGC’s Concerns

On Dec. 20, the Federal Acquisition Regulation (FAR) Council issued a final rule requiring a prime contractor to notify federal contracting officers if (1) the prime contractor makes a reduced payment to a small business subcontractor or (2) if the prime contractor’s payment to a small business subcontractor is more than 90 days past due. The rule goes into effect on Jan. 19. The FAR Council did not withdraw the proposal as AGC recommended based on a myriad of existing small business subcontractor payment legal protections. However, it did take into account many of AGC’s concerns with the proposed rule.

Federal Property Reform Bill To Become Law; $8 Billion Federal Real Property Up for Consideration

December 21, 2016

President signed into law the AGC supported Federal Assets Sale and Transfer Act (H.R. 4465). This bipartisan bill will shrink the federal footprint and streamline the disposal of excess or underutilized federal buildings.

Water Resources and Infrastructure Bill Becomes Law

December 21, 2016

Congress overwhelmingly passed and the President signed into law the AGC’s supported Water Infrastructure Improvements for the Nation (WIIN) Act. AGC successfully urged Congress to include in the WIIN Act the best provisions from the House and Senate Water Resource Development Act (WRDA) bills, passed earlier in September.

Fewer Metro Areas Add Construction Jobs During Past Year as Group Urges President-Elect to Pair Workforce with Infrastructure Measures

December 21, 2016

Construction employment increased in 211 metro areas between November 2015 and November 2016, the lowest number of metro areas to add jobs in four years, according to a new analysis of federal employment data released today by the Associated General Contractors of America. Association officials said that contractors in many parts of the country continue to struggle with worker shortages and urged the incoming Trump administration to include workforce measures with its new infrastructure program.

Thirty-Four States Add Construction Jobs Between November 2015 and 2016 Amid Growing Demand for Residential and Publica Projects

December 19, 2016

Thirty-four states added construction jobs between November 2015 and November 2016 while construction employment increased in 29 states and the District of Columbia during the past month, according to an analysis of Labor Department data released today by the Associated General Contractors of America. Association officials said even as firms in many starts are adding jobs amid growing residential and public sector construction investments, the number of states adding construction jobs for the year has declined compared to a year ago.

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