This week Congress held three hearings focusing on the Occupational Safety and Health Administration (OSHA). In particular, the hearings evaluated OSHA's enforcement efforts and the effectiveness of its penalties in deterring violations. The hearings were a chance for the Democrats on the House Education and Labor Committee and the Senate Health, Education, Labor, and Pension Committee to talk about their goals to expand OSHA's reach and increase enforcement efforts.These hearings were scheduled to highlight legislation introduced on April 23, 2009, called the Protecting America's Workers Act, H.R. 2067. This bill would make changes to the OSH Act by increasing enforcement efforts, greatly increasing penalties and making serious OSHA violations felonies subject to criminal penalties including prison time of not more than ten years.Among those testifying before the House Committee was Acting Assistant Secretary for Occupational Safety and Health, Jordan Barab. In Mr. Barab's written testimony, he mentioned that the Secretary of Labor "has emphasized that strong, vigorous enforcement of the OSH Act is among her top priorities." In addition, Mr. Barab has informed field staff that OSHA "will suspend the previous administration's practice of establishing goals for new Voluntary Protection Program sites and Alliances."

This week, Senator Specter grabbed the news headlines when he announced that he would be switching parties to become a Democrat.  Long known as an independent, moderate Republican, Senator Specter made the announcement on Tuesday morning that he now finds his "political philosophy more in line with the Democrats than the Republicans."This switch could have big political implications as it gives the Democrats 59 members in the Senate and puts them one closer to a filibuster proof majority of 60.   The 60th vote for the Democrats could become a reality if the controversial November election and lawsuits between Al Franken and Senator Norm Coleman conclude with Franken as senator.It should be noted that Senator Specter is not expected to give up his independent streak and voted against the FY 2010 budget conference report championed by the Democrats in his first vote with his new party.Senator Specter did stress that the switch would not change his current position on the Employee Free Choice Act (EFCA).  Vice President Biden commented that the Senator is open to compromise on the issue, but this is not new news.  With his recent announcement that he would not support EFCA , the Senator did say that he felt that labor law needed to be reformed and wants to work on fixing some of the problems that exist in this arena.AGC remains deeply concerned that even a genuine and well-intended proposal for compromise could become a "Trojan horse" that EFCA's proponents would use to sneak EFCA past a cloture vote in the Senate.  AGC remains active and vocal in our opposition to EFCA.  Please visit our website www.agc.org/lac to send a letter in opposition to this legislation.

This week the Immigration and Customs Enforcement (ICE) agency is expected to issue guidelines to field offices that will instruct agents to step up worksite enforcement with greater focus on the employers who hire illegal immigrants.  Though illegal workers would still be detained, ICE is expected to focus its resources on the employers and use the arrests of illegals to build the civil and criminal cases against employers.  To view the fact sheet released by DHS please click here.

The 10th annual Work Zone Awareness Week began this week, and includes events around the country to raise awareness of the importance of highway work zone safety.  An event outside Washington, D.C., featured a tour of an AGC member project site led by Michael Hart, Cianbro Construction Corp.Local media attended the event and captured AGC's call to reduce the number of highway work zone fatalities by fifty percent within the next two years.  On average, 1,000 people are killed each year in highway work zones, and AGC's CEO Steve Sandherr noted that it should not cost a life to rebuild a road or repair a bridge. AGC of South Dakota raised awareness by announcing that sixteen people have been killed in the state due to work zone accidents in the last five years.  AGC of SD's executive vice president Toby Crow echoed AGC's call to cut highway work zone fatalities in half in the next two years.For more information, contact Brian Turmail at (703) 837-5310 or turmailb@agc.org.

The debate on card check has heated up and changed direction. On Monday, Sen. Blanche Lincoln (D-Ark.) announced her opposition to the Card Check bill and said she would vote against even considering the bill in the Senate.  Lincoln joined Sen. Diane Feinstein (D-Calif.) in opposition to the legislation, and coupled with Sen. Arlen Specter's (R-Penn.) announcement last week that he will not support Card Check, proponents of the bill are 4 votes shy of what they need to advance it in the Senate.   Some union Card Check supporters acknowledge their setbacks and are now talking about considering "significant labor law reforms." Card Check supporters in Congress continue to push the bill and have yet to consider any other option.AGC remains fully opposed to Card Check and considers work towards a compromise as a "Trojan horse" that would likely be used to advance the full Card Check bill during Senate consideration.  Also, the business community remains united in opposition to the legislation.To join AGC in opposition to Card Check, visit the Legislative Action Center to send a letter to your representatives.

On Earth Day, AGC announced that the construction industry emits less than one percent of all U.S. green house gas emissions, according to a new analysis of federal environmental data from the U.S. Environmental Protection Agency.  The newly released data shows the relative efficiency of a construction industry that currently accounts for more than five percent of the U.S. work force and 800,000 small businesses.AGC noted that in addition to curbing emissions, the industry recycles more than any other, including 97.5 percent of structural steel, 65 percent of reinforcement steel and 80 percent of asphalt. Read AGC's Earth Day press release here, or view coverage by For Construction Pros.com, USGNN and Building Design and Construction.

As part of the enacted Energy Independence and Security Act of 2007, an energy and renewable energy worker training program was established through a provision known as the Green Jobs Act.  The Green Jobs Act, as currently written, would limit training grant funding to only entities that coordinate with labor organizations.  AGC is supportive of the creation of such a grant program as part of an effort to create an energy efficiency and renewable energy-skilled workforce.  AGC supports the opportunity to qualify for such grants for all contractors, both union and open shop, that have accredited training programs.This week, a bill (HR 2026) was introduced by Congressman Kline (R-Minn.) that would open up the Green Jobs Act to allow any contractor, regardless of union affiliation, with an accredited training program to compete for grants under The Green Jobs Act.  AGC is working towards introduction of a Senate companion bill.  The introduction of the bill in the House comes as Congress begins to focus on green jobs, both to define the term and train for such jobs.  AGC has sent letters to the House Education and Labor Committee and the Senate Health, Education, Labor and Pensions Committee explaining the large role the construction industry plays in a green economy, the criteria for green jobs, and the importance that training be made available to the entire industry.

AGC's analysis of climate change legislation shows a significant impact on construction in the form of higher energy prices, higher raw materials prices, potential EPA regulation of land use (including local planning decisions) and transportation planning due to the proposed cap and trade program that would create a market for emissions allowances.While climate change is a major focus of both President Obama and Congressional leaders, the committee process has thus far found a less than unanimous endorsement of cap and trade as the best way to regulate green house gases. The Senate chose to not endorse a cap and trade solution earlier by a vote of 67 to 31.

The U.S. Department of the Interior has published its complete project list which represents $750 million in stimulus funds.  Projects include, but are not limited to, new buildings, HVAC upgrades, energy efficiency projects, wastewater systems, hiking trails, fencing, photovoltaic systems, pipeline replacement, paving and roadwork.The following agencies are under the jurisdiction of Interior and will be responsible for procuring the projects: Bureau of Reclamation, Bureau of Land Management, Bureau of Indian Affairs, U.S. Fish & Wildlife Service and the National Park Service.For a complete listing of projects by state, please visit click here.  For the Interior's Recovery agenda, click here.

Next week there will be three hearings in both the House and Senate on workplace safety and enforcement efforts by the Occupational Safety and Health Administration. It is expected that Congress and the Obama Administration will seek various ways of expanding the role of OSHA as well as increase enforcement efforts during the next few years. The hearings next week are expected to be the start of these efforts.AGC anticipates that OSHA to begin taking a much different approach towards employers than in the previous administration, with the focus moving away from working with employers to increased enforcement. AGC supports common-sense OSHA reform legislation that provides protection for small business while promoting a safe and healthy work environment. AGC is keeping close watch on these efforts and will continue to provide updates on any developments.