On Dec. 19, 2016, the Occupational Safety and Health Administration issued a final rule entitled, “clarification of employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness.” The final rule goes into effect Jan. 18, 2017.

On Nov. 18, 2016, the Occupational Safety and Health Administration (OSHA) issued the Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems) final rule. This is an update for general industry and does not change the construction standard. This update could impact maintenance activities being completed on a facility. OSHA indicated that under the final rule they have worked to align the general industry standard with the construction standard. 

On Dec. 1, the Occupational Safety and Health Administration (OSHA) issued a document entitled recommended practices for safety and health programs in construction.  This document is meant to help small and medium contractors who may not have safety and health specialists on staff to create proactive programs to keep their workplace safe. The recommendations do not change any existing obligations from OSHA standards or create new legal obligations, rather is meant only as advisory. 

WASHINGTON, D.C., Nov. 21– Associated Builders and Contractors (ABC) today released its annual update to “Building America: The Merit Shop Scorecard,” which reviews and grades state-specific policies and information significant to the success of the commercial and industrial construction industry. The scorecard highlights states that have created a free enterprise-based environment where merit shop contractors are well positioned to succeed and calls attention to states where strategic improvements need to b

On Oct. 18, the Occupational Safety and Health Administration (OSHA) announced that it agreed to further delay enforcement of the anti-retaliation provisions of OSHA’s final rule on Tracking of Workplace Injuries and Illnesses until Dec. 1st. Under the anti-retaliation provisions of the final rule, some forms of post-accident drug testing and accident-free incentive programs will be deemed unlawfully retaliatory. 

On June 28, the U.S. Department of Transportation’s Federal Aviation Administration issued a final rule on the operation and certification of non-hobbyist small unmanned aircraft systems (UAS or drones). The final rule covers commercial uses for UAS that weigh less than 55 pounds and it takes effect Aug. 29.

On July 11, the National Labor Relations Board (NLRB) issued its decision in Miller & Anderson. In a 3-1 decision, the NLRB held that “employer consent is not necessary for units that combine jointly employed and solely employed employees of a single user employer. Instead, we will apply the traditional community of interest factors to decide if such units are appropriate.” Philip A. Miscimarra, the only Republican Board Member, dissented. The NLRB’s decision can be read here.  

The U.S. Department of Labor (DOL), Wage and Hour Division recently released a new guide to the Family and Medical Leave Act (FMLA) for employers, managers, human resources specialists, and professional leave administrators. The Employer’s Guide to the Family and Medical Leave Act provides employers with a roadmap for leave administration from the initial leave request to the employee’s return to the same or equivalent job at the conclusion of leave.

On June 2, the U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule increasing the penalty for failure to post notices of worker rights under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Genetic Information Nondisclosure Act (GINA).  Under the final rule, the maximum fine for failure to comply with these notice-posting requirements rises from $210 to $525 per violation.  

Construction jobsites in Washington, D.C., stopped work at midday on Thursday, May 5 so that workers could attend a special Safety Week event, the Ballpark Grand Slam for Safety at Nationals Park. Workers made their way to the stadium for safety and equipment demonstrations and exhibits, a Stretch and Flex exercise, subcontractor safety awards, remarks by OSHA's Acting Director, of the Directorate of Construction and lunch. The event was sponsored by ABC -a Safety Week partner, major general contractors, insurers and Associated General Contractors