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ABC Slams U.S. DOL’s Withdrawal of Trump-era Independent Contractor Final Rule

May 05, 2021

On May 5, the U.S. Department of Labor announced the withdrawal—effective May 6—of the Trump-era independent contractor final rule. While expected, this action is extremely disappointing. ABC strongly supported the Trump DOL final rule, which would have clarified the department’s interpretation of independent contractor status under the Fair Labor Standards Act and promoted certainty for employers, independent contractors and employees.

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From the category archives: GA-Workplace Safety

GA-Workplace Safety

OSHA Issues New FAQs on Recording Illnesses Caused by Required and Recommended COVID-19 Vaccinations

The U.S. Department of Labor’s Occupational Safety and Health Administration recently posted new Frequently Asked Questions on recording illnesses caused by required and recommended COVID-19 vaccinations.

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ABC Launches COVID-19 Vaccine Toolkit and Announces Webinars

ABC has launched a COVID-19 Vaccine Toolkit as part of the Coronavirus Update webpage to help inform and educate members about the latest available resources and information on the COVID-19 vaccine.

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OSHA Issues NEP and Updates COVID-19 Interim Enforcement Response Plan

In accordance with Executive Order 13999, on March 12, the U.S. Department of Labor’s OSHA issued its National Emphasis Program—Coronavirus Disease 2019, which focuses OSHA enforcement efforts on companies that put the largest number of workers at serious risk of contracting COVID-19. In addition, the program prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for exercising other rights protected by federal law.

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ABC Makes Recommendations to OSHA as it Considers Whether to Issue a COVID-19 Emergency Temporary Standard

On March 2, ABC, as a member of the Construction Industry Safety Coalition’s steering committee, sent a letter to the U.S. Department of Labor’s Occupational Safety and Health Administration Principal Deputy Assistant Secretary James “Jim” Frederick that outlined recommendations that OSHA should consider as it deliberates the need for an emergency temporary standard on COVID-19.  President Biden’s recent Executive Order 13999 on Protecting Worker Health and Safety directed OSHA to consider whether an ETS is warranted to address COVID-19 in the workplace.

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CDC Requires Wearing of Face Masks While on Public Transportation and at Transportation Hubs

The Centers of Disease Control and Prevention has implemented provisions of President Biden's Executive Order on Promoting COVID-19 Safety in Domestic and International Travel and will require the wearing of masks by all travelers into, within or out of the United States, e.g., on airplanes, ships, ferries, trains, subways, buses, taxis and ride-shares.

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Employers Must Post OSHA Form 300A Data from Feb. 1 to April 30

Employers covered by the U.S. Department of Labor’s Occupational Safety and Health Administration recordkeeping rule are required to post their 2020 OSHA Form 300A work-related injury and illness log summaries in an area where notices to employees are typically posted from Feb. 1 through April 30. The form must be posted in a visible spot at each covered establishment.

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Reminder: The Deadline for Electronically Reporting OSHA Form 300A Data Is March 2

The U.S. Department of Labor’s Occupational Safety and Health Administration will begin collecting calendar year 2020 Form 300A data on Jan. 2. Establishments such as those in the construction and transportation industry must submit the Form 300A data electronically by March 2, 2021.

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OSHA Issues COVID-19 Guidance on Ventilation

On Nov. 4, the U.S. Department of Labor’s Occupational Safety and Health Administration issued a new guidance document on ventilation in the workplace. OSHA recommends, “Employers should work with a heating, ventilation and air conditioning professional to consider steps to optimize building ventilation. An HVAC professional can ensure that the ventilation system is operating as intended.”

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U.S. States Vote on Ballot Initiatives That Impact the Construction Industry

While a handful of U.S. Senate, House and state legislative races from the 2020 elections remain uncalled, voters in a handful of states made some significant policy changes on Tuesday, Nov. 3, through the ballot initiative and referendum processes. Many of these affect the construction industry, including changing the minimum wage, legalizing and decriminalizing marijuana, paid family and medical leave and more.  

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OSHA Issues FAQs on N95 Respirator Effectiveness Against Coronavirus

On Oct. 19, the U.S. Department of Labor’s Occupational Safety and Health Administration published a set of Frequently Asked Questions on the effectiveness of N95 respirators against coronavirus exposure as part of the agency’s COVID-19 FAQs page.

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