Construction Legislative Week in Review
www.agc.org October 13, 2016
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On the Inside
SAFETY
AGC Urges OSHA to Reconsider Its Unjustified Policy against Post‐Accident Drug Testing
FEDERAL CONTRACTING
Blacklisting WebED: What Labor Violations Can Disqualify your Construction Company?
FAR Council Issues Final Rule on Contractor Late Taxes & Crimes
AGC EVENTS
Join Us Next Week for the AGC/CFMA Construction Financial Management Conference
Countdown to Election Day Webinar
Please Join a CBIZ & MHM Webinar: The 2016 Election Key Races and the Expected Impact on the Construction Industry
New Sessions for the 2016 Utility Infrastructure Conference
Three Weeks Away - Register for the AGC Highway and Transportation Construction Conference
Early Bird Extended for AGC Financial Issues Committee Winter Meeting
SAFETY
AGC Urges OSHA to Reconsider Its Unjustified Policy against Post‐Accident Drug Testing
TAKE ACTION: Congressional Opposition to OSHA Overreach Needed
 

Earlier this year the Occupational Safety and Health Administration (OSHA) issued a new rule on recordkeeping, which highlighted OSHA’s intention to enforce policies that prohibit mandatory post- accident alcohol and drug testing. AGC is working with Congress to direct OSHA to reconsider the unsupported and procedurally unjustified policies and revoke the language related to post-accident drug testing.  AGC members are encouraged to use the Legislative Action Center to urge their legislators sign a letter to OSHA.

OSHA claims that that the risk of employer retaliation against workers for reporting injuries is so great that there must be a limitation of post‐accident drug testing as a means to determine whether drugs or alcohol was a factor.

AGC disagrees with OSHA’s assertions and is concerned that OSHA’s new policy will actually negatively impact safety in the construction industry. Putting drug-free workplace programs in jeopardy, many of which have been negotiated into collective bargain agreements with organized labor, could enable employee drug use on construction sites and therefore risk the safety and health of workers and the public. Furthermore, OSHA crafted this new policy outside the normal rulemaking process, and it failed to request information from stakeholders on how these policies actually work in the industry.

For more information, contact Jim Young at youngj@agc.org or (202) 547-0133. Return to Top

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FEDERAL CONTRACTING
Blacklisting WebED: What Labor Violations Can Disqualify your Construction Company?
Monday, Oct. 17 from 2:00 p.m. to 3:30 p.m. ET
 

Portions of the Fair Pay and Safe Workplaces (Blacklisting) Executive Order take effect on October 25, 2016.  To help your federal construction company prepare to comply, AGC will host another complementary webinar for AGC members ($49 for non-members) on Monday, October 17 from 2:00pm to 3:30pm ET. To register and for more information, click here.

During this webinar, AGC and experienced Smith Currie construction law attorneys will address federal construction contractor’s labor law violation(s) that may give rise to defacto debarment or the need to enter labor compliance agreements with enforcement agencies, like U.S. DOL, under the executive order. Specifically, we will discuss:

  • The types, degrees and combinations of labor law violations contractors will have to report;
  • How contracting officers and contractors may assess those violations;
  • Practical steps contractors can take to track and report violations; and much more.

Remember, the executive order requires both prime and subcontractors—who work directly for federal construction agencies—to report violations of 14 federal labor laws before contract award and again every six months after contract award, on federal contracts exceeding $500,000, among other things.

For resources on this executive order, go to www.agc.org/blacklisting. For more information or to register for the webinar, click here Return to Top

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FAR Council Issues Final Rule on Contractor Late Taxes & Crimes
 

The Federal Acquisition Regulation (FAR) Council recently issued a final rule prohibiting federal agencies from entering into a contract with any corporation that has a delinquent federal tax liability or a felony conviction under any federal law, unless (1) the agency has considered suspension and debarment of the corporation and (2) has made a determination that such action is unnecessary.

In its comments, AGC urged the FAR Council to define the applicability of the term “corporation”—as it could apply to C Corps, S Corps, LLCs and other entities, including but not limited to joint ventures and teaming arrangements, leaving contractors confused as to whom this rule applies. The agency addressed and denied this request. As a result, the definition of “corporation” is will be broadly interpreted to include all corporate entities and the rule may apply to joint ventures and other teaming arrangements. Consequently, AGC cautions firms to be careful when signing joint ventures or teaming agreements as they will be affected by this rule.

The rule took effect as of September 30, 2016. As such, be aware of this new requirement in direct-federal agency solicitations for contracts issued after September 20. See FAR 52.209-11 and 52.209-12, which detail the required contractor representation and certification under this new rule.

For more information, contact Jimmy Christianson at 703-837-5325 or christiansonj@agc.org Return to Top

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AGC EVENTS
Join Us Next Week for the AGC/CFMA Construction Financial Management Conference
 

Jointly sponsored by AGC and CFMA, the 20th Annual AGC/CFMA Construction Financial Management Conference will be held Oct. 19-21 at Caesars Palace in Las Vegas, Nevada. This three-day conference offers programs and workshops designed specifically for financial professionals in the construction industry. The 32 interactive sessions will cover the latest industry issues and their financial implications. Participants may earn up to 20 continuing professional education (CPE) credits. Register at meetings.agc.org/agc_cfma.

For more information, contact Brian Lenihan at lenihanb@agc.org or (202) 547-4733. Return to Top

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Countdown to Election Day Webinar
 

Join AGC Director of Political Affairs David Ashinoff and Ellis Insights Publisher Jim Ellis as they provide the latest details on the upcoming 2016 elections.  They’ll cover the Clinton-Trump presidential match up, Democrats chances of taking control of the US Senate, and likelihood of Paul Ryan retaining his House majority and speakership as well as AGC’s Get-Out-the-Vote efforts. The webinar will take place on October 24 from 3:00pm - 3:45pm. You won’t want to miss it, register today!

For more information, contact David Ashinoff at ashinoffd@agc.org or (202) 547-4733. Return to Top

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Please Join a CBIZ & MHM Webinar: The 2016 Election Key Races and the Expected Impact on the Construction Industry
 

On October 25, CBIZ MHM will host a webinar with guest speakers from two of the most influential construction industry organizations: Brian Lenihan, Director of Tax & Fiscal Affairs for the Associated General Contractors of American and Chris Singerling, Senior Director Political Affairs for the Associated Builders & Contractors. Brian and Chris will provide their opinions and insight on key races and the expected impact on the construction industry post-election day.

For more information, contact Brian Lenihan at lenihanb@agc.org or (202) 547-4733. Return to Top

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New Sessions for the 2016 Utility Infrastructure Conference
October 27-28, 2016 | Atlanta, Georgia
 

At the 2016 AGC Utility Infrastructure Conference, come hear presentations on stationarity and sustainability in construction & engineering and the unique opportunities the future holds for a paradigm shift in the way we design and build infrastructure. Or you could prepare yourself and your company for new safety regulations on crystalline silica, OSHA recordkeeping, and increased OSHA penalties. You can also learn to protect your company by learning the steps you need to take to manage risk and liability after a utility damage on your job site.

The AGC UIC will bring together contractors, owners and key industry constituents involved in every aspect of utility and infrastructure construction. The day-and-a-half program focuses on the latest legislative and regulatory issues affecting the industry, technology and operation trends shaping the market, and updates on AGC’s efforts to fund infrastructure investment. This event is an opportunity to connect not only with fellow utility infrastructure contractors, but also with emerging construction leaders from across the country. This year’s conference will be co-located with the AGC CLC Leadership Development Conference, the top gathering for emerging construction leaders from across the country.

For more information, contact Scott Berry at berrys@agc.org or (703) 837-5321. Return to Top

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Three Weeks Away - Register for the AGC Highway and Transportation Construction Conference
November 3-5 | Phoenix, Arizona
 

The AGC Highway and Transportation Construction Conference will feature all the cutting edge subjects that will impact the highway and transportation market over the next several years. How will autonomous vehicles impact road construction? What’s the latest in machine guidance systems and other technology developments? Is your company safe from ransomware, hacking and other cyber threats?

Join your fellow highway, transit and bridge contractors and get up to date at the 2016 Highway and Transportation Construction Conference (formerly the Highway Contractors Conference) November 3-5, 2016 in Phoenix, Arizona at the JW Marriott Desert Ridge Resort.

For more information, visit meetings.agc.org/highway or contact Brian Deery at deeryb@agc.org or (703) 837-5319. Return to Top

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Early Bird Extended for AGC Financial Issues Committee Winter Meeting
Register Now and Save: Early Bird Registration Ends October 28
 

The AGC Financial Issues Committee (FIC) will hold its Winter Meeting January 10-11, 2017 at Trump National Doral Miami. The Committee is geared toward member company CFOs, Controllers, Tax Directors and other senior accounting professionals – in which attendees have an opportunity to learn as well as formulate positions on tax and accounting matters that directly affect AGC member companies. Meetings center around discussions with FASB, practitioners, and financial officer breakout groups on topics including internal controls, project performance reviews and cybersecurity solutions. Attendees also have an opportunity to network and discuss a wide variety of topics, including: audit issues faced by construction companies; congressional action on tax policy; and an economic outlook for the industry.

For more information, contact Brian Lenihan at lenihanb@agc.org or (202) 547-4733. Return to Top

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