Court officials announced late last week that the AGC of America backed lawsuit to block the Obama administration’s misguided new silica rule will be heard in the D.C. Circuit Court. AGC, via the Louisiana AGC, filed suit in the 5th Circuit earlier this month to block the measure arguing that the administration established a new standard that is beyond the technological limits of current dust removal equipment. However, a number of other groups filed similar motions in other court circuits, forcing judicial officials to select a venue via random lottery. While the D.C. Circuit is considered less favorable than the 5th Circuit, some of the circuit’s prior case law does appear favorable. As we mentioned in our earlier communications on this lawsuit, the legal challenge is a long, lengthy and far-from certain tactic. That is why AGC is continuing to push for legislation in Congress to force the administration to put in place workable silica measures that will be far more effective in improving workplace health and safety.
The Louisiana chapter of the Associated General Contractors of America today filed a challenge to the Occupational Safety and Health Administration’s (OSHA) final respirable crystalline silica rule in the U.S. Court of Appeals for the Fifth Circuit. In doing so, the chapter joined a number of local industry partners who are also concerned about the impact of the rule on the construction industry.
The Bipartisan Budget Act removes a statutory exemption from penalties under certain statutes, including the Occupational Safety & Health Act, from inflation for civil penalties. Unlike other similar civil penalties in federal law, the Occupational Safety & Health Administration (OSHA) civil penalties have been explicitly exempted from inflation since they were created in 1990. Under the Budget Act, OSHA will now have to report on their adjustment in their annual financial statements and via the Government Accountability Office. The bill also allows the agency to use a “catch up” formula to make up to 150 percent adjustments in the penalty in the first year to meet current inflation levels. The Secretary could limit the increases if there’s a negative economic impact that outweighs benefits and any proposed increase in penalties would go through the formal notice and comment process.
AGC of America joined with a broad coalition of employers, labor unions and other entities to provide detailed comments to the Treasury Department’s request for information on implementing the 40-percent excise tax on high-cost, employer-sponsored health coverage, also known as the “Cadillac Tax”. The controversial tax has been delayed until 2018, but employers – notably those with labor agreements that stretch into 2018 – are beginning to anticipate the ramifications from the tax.
AGC of America will provide highway work zone safety training classes next year thanks to a federal safety grant the association earned. The association will use the $135,000 Susan Harwood Training Grant from the U.S. Department of Labor to offer the safety training classes designed to prevent injuries among highway, street and bridge construction workers, officials said.
Forty-five percent of highway contractors had motor vehicles crash into their construction work zones during the past year, according to the results of a new highway work zone study conducted by AGC.
Gray Construction of Lexington, Ky. was named the nation’s safest construction company in 2013 by AGC of America. The association, which oversees the Willis Construction Safety Excellence Awards, an annual ranking of construction safety programs, noted that 51 other companies were selected as winners for the quality of their safety programs.
On Nov. 7, 2013, the Occupational Safety and Health Administration (OSHA) issued a proposed rule to amend its current recordkeeping regulations to require the electronic submission of injury and illness information. The proposed rule would require construction firms with more than 250 employees to electronically submit detailed records on a quarterly basis to OSHA, which would then be made available to the public online. OSHA is also proposing that firms with 20-249 employees be required to submit only their summary of work-related injuries and illnesses once a year.
Take Action: Visit AGC’s Legislative Action Center to Submit Your Comments Today On Sept. 12, 2013, the Occupational Safety and Health Administration (OSHA) published a proposed new rule on silica exposure. AGC members, chapters and interested stakeholders are encouraged to submit comment letters opposing the proposed new rule on silica exposure through the AGC Legislative Action Center (LAC). A sample, editable letter has been provided for your convenience and can be customized to your respective operations. Click here to access the letter. All comments must be submitted by 11:59 p.m. (ET) Feb. 11, 2014.