OSHA’s Electronic Injury Reporting and Anti-Retaliation final rule requires certain establishments to electronically submit information from their OSHA Form 300A for calendar year 2018 by March 2. Information on how to electronically submit the OSHA Form 300A can be found on OSHA’s Injury Tracking Application website.

On Dec. 21, ABC submitted comments to the U.S. Department of Labor’s Employee Benefits Security Administration in support of its proposed rule to allow small and mid-sized businesses to band together and offer 401(k) plans to their employees through association retirement plans.

On Dec. 28, 2018, the D.C. Circuit Court of Appeals ruled in the 2015 Browning-Ferris Industries v. National Labor Relations Board case, which greatly expanded joint employer liability under the National Labor Relations Act. The divided court upheld portions of the Obama-era standard for determining “joint employer” status and remanded the case back to the NLRB for further consideration.

On Dec. 11, the U.S. Environmental Protection Agency and U.S. Army Corps and Engineers jointly issued a proposal to revise the definition of “waters of the United States” to clarify federal authority under the Clean Water Act. The proposed rule seeks to provide businesses and landowners with clear definitions of what are and what are not ‘navigable waters.’ ABC President and CEO Michael Bellaman attended the signing ceremony for the rulemaking at the U.S. EPA.

ABC sent a letter to the U.S. Senate in support of the FIRST STEP Act, which was introduced by Judiciary Committee Chairman Chuck Grassley (R-Iowa). This bipartisan bill addresses the important issue of prison reform with the goal of lowering recidivism rates by helping incarcerated individuals prepare to reenter their communities.

Over the last month, the U.S. Department of Treasury and Internal Revenue Service have issued several proposed rules that provide guidance and implement changes to the tax code under the Tax Cuts and Jobs Act. Signed into law nearly a year ago, the historic tax reform bill included several key provisions that affect the construction industry, and the recently issued proposals provide critical information for construction employers on how to comply with the law.

Updates to equal employment opportunity regulations that apply to all sponsors of apprenticeship programs registered either with the U.S. Department of Labor’s Office of Apprenticeship or a state apprenticeship agency are just around the corner. The final rule updating EEO regulations was issued in 2016 by the Obama administration and went into effect on Jan. 18, 2017; however, some of the provisions were delayed for two years until Jan. 18, 2019. 

On Nov. 9, the Occupational Safety and Health Administration published a final rule that updates its standard for cranes and derricks in construction to ensure crane operators are qualified to safely operate equipment. The final rule requires employers to train operators as needed to perform assigned crane activities, evaluate them and document successful completion of the evaluations. 

On Oct. 31, ABC submitted comments to the Environmental Protection Agency in support of the Affordable Clean Energy proposed rule, officially titled Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review Program. If finalized, the ACE rule would replace the Obama administration’s Clean Power Plan with revised emissions guidelines, propose new regulations to direct both EPA and the states on the implementation of emission guidelines and revise the New Source Review program. 

On Nov. 5, the Occupational Safety and Health Administration issued guidance on how to comply with crane operator certification requirements until OSHA’s new final rule on operator certification and qualification becomes effective. OSHA also made available a pre-publication version of the final rule on its website.