The Occupational Safety and Health Administration (OSHA) released its latest regulatory agenda on Nov. 20. The agenda lists the priorities of the administration and the rulemakings they expect to release in 2016, their final year. An update on rulemakings affecting the construction industry is below.

The Equal Employment Opportunity Commission (EEOC) Oct. 30 issued a proposed rule under the Genetic Information Nondiscrimination Act (GINA) that would authorize employers who offer wellness programs to provide inducements for an employee’s spouse, who is also a participant in the employer’s health plan, to disclose their current or past health information. Under the proposal, total incentives provided to an employee and his or her spouse for participating in a wellness program that is a part of a group health program that collects this information may not exceed 30 percent of the total cost of the health plan in which they are enrolled.

A bipartisan group of legislators in the United States Senate voted 55-43 to pass a resolution (S.J.Res. 22) that nullifies the controversial “Waters of the U.S.” (WOTUS) rule. The resolution was introduced by Sen. Joni Ernst (R-Ia.) following a procedural vote on the ABC-supported Federal Water Quality Protection Act (S. 1140), which was blocked by Senate Democrats in a 57-41 vote (short of the 60 votes needed to advance). The resolution also prevents the agencies from issuing a similar version of the regulation in the future.

On Oct. 27, the ABC-led Coalition for Workplace Safety (CWS) submitted comments urging the Occupational Safety and Health Administration (OSHA) to withdraw its proposed rule clarifying an employer’s continuing obligation to make and maintain accurate records of reportable injuries.

ABC is encouraging all members to call on their Senators and Representatives to co-sponsor and support the “Protecting Local Business Opportunity Act” (S. 2015/ H.R. 3459). This important legislation will help provide additional stability for contractors, subcontractors and their employees by restoring the 30 year old “joint employer” standard, encouraging local business ownership and employee opportunity.

ABC reiterated its opposition to the Department of Labor’s (DOL) one-size-fits-all overtime proposal ahead of the Oct. 8 U.S. House of Representatives Small Business Committee  Subcommittee on Investigations, Oversight and Regulations hearing on how the proposed regulation would impact small business owners and their employees. The proposed rule, which was issued July 6, makes changes to existing regulations under the Fair Labor Standards Act (FLSA) that define which employees are exempt from overtime pay.

The U.S. Sixth Circuit Court of Appeals placed a nationwide stay  on the Obama Administration’s controversial Waters of the United States (WOTUS) final rule on Oct. 9. The final rule, issued by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) May 27, greatly expands the Administration’s jurisdiction over water and land uses across the country under the Clean Water Act.

On Oct. 9, the ABC-led Construction Industry Safety Coalition submitted comments in response to the Occupational Safety and Health Administration’s (OSHA) Request for Information (RFI) on Chemical Management and Permissible Exposure Limits (PELs). The RFI asked stakeholders how the agency should consider approaching health standard rulemaking, such as managing chemical exposures in workplaces.

On Sept. 17, ABC joined with 20 coalition partners in sending a letter to key U.S. House of Representatives and U.S. Senate committees urging their support for three bills that would provide small businesses with relief from rising health costs and regulatory red tape. The bills discussed in the letter include the following. 

Beginning Jan. 1, 2016, the minimum wage for workers on covered federal contracts and service contracts will increase to $10.15 per hour from $10.10 per hour in 2015. The increase is dictated by the Oct. 7, 2014, Department of Labor’s Wage and Hour Division final rule that implemented Executive Order 13658.