Browse by Date - 202111
New OSHA’s New Emergency Temporary Standard (ETS) Shines A Light on the Value of ConsensusDocs Contract Language
The U.S. Occupational Safety and Health Administration (OSHA) has just issued an emergency temporary standard (ETS) to require employers to ensure their workers are fully vaccinated against COVID-19 or tested on at least a weekly basis. The legal and contractual implications will wreak havoc on existing and prospective construction contracts.
FWS Request Feedback on Permitting Program for Migratory Birds
The U.S. Fish and Wildlife Service (U.S.
EEOC Issues Updated COVID-19 Technical Assistance on Religious Accommodations
Provides Additional Information on Religious Objections to Workplace Vaccine Requirements
The U.S. Equal Employment Opportunity Commission (EEOC) posted updated and expanded technical assistance related to the COVID-19 pandemic, addressing questions about religious objections to employer COVID-19 vaccine requirements and how they interact with federal equal employment opportunity (EEO) laws.
Only 16 States And D.C. Added Construction Jobs Since Pandemic Began As Build Back Better Bill Threatens To Undermine Sector’s Recovery
Only 16 states and the District of Columbia have added construction jobs since just before the start of the pandemic in February 2020, according to a new analysis of federal employment data released today by the Associated General Contractors of America. Association officials noted that prospects for the sector’s recovery will be diminished should the House-passed Build Back Better bill become law.
Volunteers Needed to Serve on Association's Environmental Steering Committee
Each year, AGC seeks nominations for qualified and motivated individuals from the AGC Environmental Forum to serve on the steering committee for the forum. Would you like to play a leadership role in AGC of America’s environmental advocacy, education and outreach efforts? If so, please respond to AGC’s call for volunteers and complete this form signifying your interest. The Volunteer Interest Form is also available through your AGC profile.
Vacatur of Trump Rule Limits Nationwide Permit Coverage-Updated
On October 21, 2021, the U.S. District Court for the Northern District of California vacated the 2020 State Water Quality Certification (WQC) Rule, which is considered to apply nationwide. Subsequently, some U.S. Army Corps of Engineers Districts have advised permittees that they will not finalize permit decisions that rely on a Clean Water Act (CWA) Section 401 WQC or a waiver under the now vacated 2020 State WQC rule (click here for an example, scroll to “Latest News”). This halt in permitting appeared to include the use of sixteen CWA Section 404 Nationwide Permits that the Corps finalized earlier this year. Update: On Dec. 2, the Corps posted a notice on its website that it had resumed making decisions on all permit applications and requests for nationwide permit verifications.
AGC Releases 811 Process Survey Results
Most Contractors Report Significant Flaws with 811 Utility Location System
AGC-Backed Bipartisan Infrastructure Signed into Law
On November 15, President Biden signed the AGC-backed Bipartisan Infrastructure Bill, also known as the Infrastructure Investment and Jobs Act (IIJA), into law. This was all possible thanks to the efforts by AGC and its members—sending nearly 100,000 messages to Congress—to push it over the top.
OSHA COVID-19 Vaccine/Testing Mandate on Temporary Hold
Biden Administration Expected to Challenge
AGC Challenges the Broad Application of OSHA COVID-19 Vaccine/Testing Mandate
On November 15, AGC, along with industry allies, filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit challenging the recent OSHA COVID-19 emergency temporary standard (ETS).
Duty to Bargain Applies to Decisions and Effects of OSHA ETS Implementation, Says NLRB GC
On Nov. 10, the general counsel’s office of the National Labor Relations Board issued a memo expressing the position that employers have both decisional and effects bargaining obligations in relation to implementation of OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”). Although the ETS is currently on hold, the memo is valuable for what it reveals about the office’s views on employers’ duty to bargain over government mandates generally.