The Obama Administration’s regulatory agenda was released on Nov. 20 and lists the priorities of the administration and the rulemakings they expect to release in 2016, their final year. An update on rulemakings from a variety of agencies affecting the construction industry is below. ABC has also published Newsline stories updating the status of rulemakings from theOccupational Safety and Health Administration (OSHA) and the U.S. Department of Labor listed in the regulatory agenda. Federal Aviation Administration (FAA): Operation and Certification of Small Unmanned Aircraft Systems (UAS) 

On Dec. 4, President Obama signed the Fixing America’s Surface Transportation Act (H.R. 22) into law, which included ABC-supported provisions that streamline the process for developers trying to obtain environmental permits and approvals for their projects. 

The Department of Labor (DOL) issued a proposed rule revising the equal employment opportunity regulatory framework for the National Apprenticeship Act on Nov. 6. Current regulations prohibit discrimination in registered apprenticeship programs on the basis of race, color, religion, national origin, and sex. The proposed rule updates the equal opportunity standards to include age (40 or older), genetic information, sexual orientation and disability among the protected base that cannot be discriminated against. It requires sponsors to take affirmative action to provide equal opportunity in the registered apprenticeship programs.

The U.S. Department of Labor (DOL) 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 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.