This week ABC joined more than 500 industry groups in sending letters to the U.S. Senate and U.S. House of Representatives urging action during the Lame Duck session of Congress on the extension of important tax provisions that have already expired or will expire by the end of the year. 

ABC and 19 other business trade groups, sent a letter on Nov. 6 requesting that President Obama withdraw the “Fair Pay and Safe Workplaces” Executive Order (E.O.). The letter, sent to U.S. Department of Labor (DOL) Secretary Thomas Perez and Assistant to the President and Director of the Domestic Policy Council Cecilia Muñoz, outlines ABC’s concerns that the E.O. dramatically changes the enforcement mechanisms carefully put in place by Congress and needlessly adds uncertainty, subjectivity and onerous and costly new data collection and reporting requirements for federal contractors. 

The Occupational Safety and Health Administration (OSHA) Oct. 23 issued a directive for OSHA compliance personnel on how to enforce its 2010 standard for construction cranes and derricks. The directive, which covers jobsites where power-operated equipment covered by Subpart CC – Cranes and Derricks in Construction are present, provides guidance for OSHA inspectors on how to conduct site visits, interpret the rule, and decide when to issue citations.  

ABC strongly opposed a new executive order (EO) that will harm federal contractors, taxpayers and government procurement officials at an Oct. 13, 2014, White House listening session with major employer association representatives, businesses and Obama administration officials.

On Oct. 14, ABC submitted comments to the Occupational Safety and Health Administration (OSHA) requesting it withdraw a proposed rule and supplemental notice that would require employers to electronically submit detailed injury and illness records to the agency. For the first time, OSHA plans to make this information publically available on the Internet through a new searchable database and use the data for enforcement purposes.

On Oct. 7, the U.S. Department of Labor (DOL) Wage and Hour Division issued a final rule to implement Executive Order 13658, which would establish an hourly minimum wage of $10.10 for workers performing on covered federal construction and service contracts. 

OSHA issued a final rule on September 26 extending the compliance deadline for employers to ensure that crane operators are certified by an OSHA-recognized accredited certification body. The deadline has been extended by three years to November 10, 2017. This extension will continue the current employer duties to ensure crane operators are competent to operate a crane safely.

The Obama administration has recently issued several heavy-handed executive actions that affect the federal contracting community, particularly the construction industry. These actions cover everything from potential blacklisting to super-minimum wage to overtime.

The Department of Labor’s proposal to implement Executive Order 13658 establishing a minimum wage for federal contractors raised concerns which were outlined in comments ABC submitted July 28. Under the proposal, beginning Jan. 1, 2015, the hourly minimum wage paid by contractors to workers performing on covered federal contracts would be $10.10 per hour. In the comments, ABC states the proposal should be withdrawn or substantially modified.

The Internal Revenue Service (IRS) released draft forms on July 24 that employers will use to report on health coverage they offer to their employees, also known as information reporting requirements under the Affordable Care Act (ACA), effective for the 2015 calendar year. Employers with 50 or more full-time employees and full-time equivalent employees are encouraged to learn more about the draft reporting forms by viewing an analysis prepared by Littler Mendelson, P.C.