On Nov. 13, Associated Builders and Contractors filed comments urging the Occupational Safety and Health Administration to withdraw the Worker Walkaround Representative Designation Process proposed rule, which would allow employees to choose a third-party representative, such as an outside union representative or community organizer, to accompany an OSHA safety inspector into nonunion workplaces during site inspections. ABC also signed on to comments submitted by the Coalition for Workplace Safety and Construction Industry Safety Coalition.

On Nov. 16, the National Labor Relations Board extended the effective date of its final rule on Joint Employer Status Under the National Labor Relations Act from Dec. 26 to Feb. 26, 2024. The new standard will only be applied to cases filed after the rule becomes effective.

States across the country held legislative, gubernatorial, local and judicial elections yesterday, as well as considered a variety of hot-button issues on ballot initiatives. In almost every instance, Democrats carried the night, delivering a resounding blow to GOP optimism as focus shifts toward the 2024 elections.

On Nov. 7, ABC submitted comments to the U.S. Department of Labor in response to a proposed rulemaking that would alter overtime regulations under the Fair Labor Standards Act.

ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency.

On Oct. 26, 2023, the National Labor Relations Board issued its final rule on Joint Employer Status Under the National Labor Relations Act. Effective Dec. 26, the final rule takes an ax to the ABC-supported 2020 NLRB joint employer final rule, which provided clear criteria for companies to apply when determining status. ABC will explore all options to push back on this harmful final rule, including possible litigation.

On Oct. 23, the U.S. Department of Labor’s final rule, Updating the Davis-Bacon and Related Acts Regulations, officially took effect. The regulation imposes drastic revisions to previous rules regarding government-determined prevailing wage rates that must be paid to construction workers on federal and federally assisted construction projects funded by taxpayers.

Identifying ways to support your workforce is one of the first, simplest steps to improve safety across your company. The industry is rapidly changing, and there are new technology and tools to make everyone safer. Top-performing contractors now utilize software and apps to review safety performance at the touch of a button.

A survey of ABC contractor members conducted in October 2023 showed that 98% of respondents said controversial prevailing wage and government-registered apprenticeship policies imposed by the Inflation Reduction Act will make them less likely to bid on clean energy projects. The survey gauged ABC members’ responses to a proposed rule issued by the Internal Revenue Service on Aug. 29 that would implement these requirements.

On Oct. 16, the U.S. Department of Labor’s Occupational Safety and Health Administration issued an extension of the comment period for its Worker Walkaround Representative Designation Process proposed rule, which would allow an employee to choose a third-party representative, such as an outside union representative, to accompany an OSHA inspector into nonunion facilities. OSHA extended the comment period from Oct. 30 to Nov. 13. On Sept. 21, ABC, as a steering committee member of the Coalition for Workplace Safety, wrote to OSHA requesting a 60-day extension. ABC will submit comments in opposition to the rule and ABC members are also encouraged to submit comments on regulations.gov.