On October 19, AGC met with the White House Office of Management and Budget (OMB) to share a host of concerns about the U.S. Occupational Safety & Health Administration’s (OSHA) draft emergency temporary standard (ETS). OSHA sent the draft ETS—the details of which remain unknown—to OMB for review on October 12, a signal that a final ETS could be issued within a matter of days or weeks. The OSHA ETS will require employers with 100 or more employees to ensure their workers are fully vaccinated against COVID-19 or tested for infection on at least a weekly basis. It should be noted, however, that AGC engaged outside legal counsel weeks ago to provide a legal memorandum that identifies the standards OSHA must meet to justify using the ETS process instead of the normal administrative procedures typically employed. After AGC reviews the final ETS, the association will measure it against its legal memorandum to determine whether a court challenge is warranted and evaluate our chances for success. No legal challenge can be successfully mounted until the ETS is released in final form.
AGC’s 2021 Construction HR & Training Professionals Conference wrapped up Oct. 15 after two days of in-person education, sharing of best practices and networking in St. Louis, MO. The conference continues to be a must-attend event for human resources and training professionals in the construction industry.
Negotiators conducting collective bargaining between January and September of this year agreed to raise construction craft workers’ wage and fringe benefits by an average of 2.6 percent or $1.63 during the first contract year, according to the Construction Labor Research Council’s (CLRC) latest Settlements Report. These rates are comparable with increases granted in 2020, but CLRC projects slightly higher increases for the near future.
The 2021 CCC Gala, with a theme of “Hot Havana Nights” started with a goal of raising $100,000 for student education in the Construction industry. Within two hours the group met that goal and exceeded it times four including generous donations of $250,000 by Procore’s HBCU challenge fund, a $62,500 donation and new scholarship fund established with AGC Georgia, and a $25,000 HBCU fund donation by Bob Bowen.
Many employers are wondering about the extent to which they can incent employees and their dependents to receive the COVID-19 vaccine by adjusting medical plan eligibility, modifying medical plan premiums payable by employees, and/or excluding coverage of treatment of the coronavirus where a plan enrollee chooses not to receive the vaccine and then contracts the virus. In this article, Lockton provides thoughts on what’s permissible and what’s not, and views on best practices.
AGC Hosts Webinar; Continues Dialogue with Agencies; Engaged Legal Counsel
AGC Seeks Meeting with White House; Engaged Legal Counsel
The prices contractors pay for construction materials far outstripped the prices contractors charge in the 12 months ending in September, despite a recent decline in a few materials prices, while delivery problems intensified, according to an analysis by the Associated General Contractors of America of government data released today. Association officials urged Washington officials to end tariffs on key construction materials and take steps to help unknot snarled supply points.
WASHINGTON – Chicago-based Pepper Construction was named the most innovative construction firm in the country for developing a virtual reality safety training program by leveraging tools and staffing resources that were already in place to create a “real life” safety learning environment. As a result, Pepper Construction was named as the grand prize winner of the AGC Innovation Awards, sponsored by Autodesk.
In a rare victory for employers that participate in multiemployer pension plans, the U.S. Court of Appeals for the Sixth Circuit has held that the interest rate memorialized in the Segal Blend actuarial assumption was inappropriate to use in a withdrawal liability calculation because it is not based on “anticipated experience under the plan.” While likely to be further challenged, the September 28, 2021, opinion in Sofco Erectors, Inc. v. Trustees of the Ohio Operating Engineers Pension Fund, may provide significant leverage to employers in challenging—and settling—withdrawal liability assessments, especially for employers and multiemployer pension plans subject to the jurisdiction of the Sixth Circuit (KY, MI, OH, TN).