The Equal Employment Opportunity Commission (EEOC) issued a proposed rule April 20 related to employer wellness programs, which is open for public comments until June 19. The proposed rule amends regulations under the Americans with Disabilities Act (ADA) to provide guidance on the extent to which employers may use incentives to encourage employees to participate in wellness programs that include disability-related inquiries and/or medical examinations. 

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) issued the final “Waters of the U.S.” (WOTUS) rule May 27. The final rule will go into effect 60 days after it is published in the Federal Register (rule has not been published). 

The Federal Acquisition Regulatory (FAR) Council released a proposed rule and the U.S. Department of Labor (DOL) issued proposed guidance May 27, as directed by President Obama’s July 31, 2014, sweeping “blacklisting” Executive Order 13673 targeting the federal contracting community.

The U.S. Senate passed the Concurrent Resolution on the Budget (S. Con Res 11) for Fiscal Year 2016, May 5 which contains ABC-supported language adopted during Senate Vote-A-Rama, that would restrict the use of government-mandated project labor agreements (PLAs). The budget was previously passed by the House on April 30. 

The U.S. House of Representatives passed the Military Construction and Veterans Affairs and Related Agencies Appropriations Act April 30 for Fiscal Year 2016 (H.R. 2029). While on the floor, two amendments were introduced that impact federal contractors.

OSHA issued a final rule for confined spaces in construction on May 4, which mirrors the general industry standard but adds certain provisions tailored specifically to the construction industry including an emphasis on training, monitoring and evaluating, as well as communication on multi-employer sites. The rule is set to go into effect August 3.

The Departments of Homeland Security and Labor released two H-2B regulations April 29 that will affect employers utilizing the H-2B program. The regulations include a final rule determining the wage methodology for temporary non-agricultural workers under the H-2B visa program, and an interim final rule (IFR) that includes a new employer registration process, increased recruitment and oversight, requirements for guaranteed pay, additional fees, and similar payment for corresponding U.S. workers.

ABC submitted comments April 24 to the U.S. Department of Transportation’s Federal Aviation Administration (FAA) on the proposed rule for the operation and certification of small unmanned aircraft systems (UAS), also known as drones. ABC offered its input on how the proposal will affect the construction industry’s ability to use drones on project sites. 

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) updated its Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database April 21 to reflect a new 7 percent annual national benchmark for federal contractor hiring of protected veterans, down from the previous 7.2 percent. 

In advance of a hearing on the topic, ABC sent a letter April 14 to the U.S. House of Representatives encouraging Congress to repeal the employer mandate included in the Affordable Care Act (ACA).