U.S. Secretary of Labor Withdraws Joint Employer, Independent Contractor Informal Guidance
In line with AGC’s regulatory recommendations,
on June 7, U.S. Secretary of Labor Alexander Acosta announced
the withdrawal of the U.S. Department of Labor’s (DOL) 2015 and 2016 informal
guidance on joint employment and independent contractors. Both pieces of
guidance together took an expansive interpretation of employment and threatened
the traditional relationship between contractors and their partners. AGC and
its members were concerned that these interpretations would make compliance
more complicated, leading to unnecessary enforcement efforts and increased
costs to projects.
Labor Department memo aimed to address the misclassification of
employees as independent contractors. The Department’s position was that most
workers qualify as employees under the Fair Labor Standards Act (FLSA) and its
broad definition of "employ." Then, in 2016, the Department issued
a second memo establishing new standards for determining joint employment under
the federal Fair Labor Standards Act (FLSA) and the Migrant and Seasonal
Agricultural Worker Protection Act (MSPA). The intent was to hold companies
jointly accountable for FLSA and MSPA violations of their subcontractors,
staffing agencies, joint venture partners, and the like through use of an
“economic realities” analysis.
AGC continues to identify opportunities where AGC and the
Department of Labor (DOL) can partner on its mission to keep American workers
safe and healthy while stimulating economic growth and creating new high
quality jobs. Specifically, AGC advises that DOL can achieve these goals
through regulatory reduction and streamlining, strengthening the symbiotic
partnership between DOL and the construction industry and enhancing present
regulatory compliance education and collaboration initiatives.
For more information, contact Claiborne Guy at firstname.lastname@example.org
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OSHA Schedules Special ACCSH Meeting to Fix Crane Operator Certification
On July 20, the Occupational Safety and Health
Administration (OSHA) will hold an Advisory Committee on Construction Safety
and Health (ACCSH) meeting to consider a proposed
rule extending the enforcement date for crane operator certification
for one year – to Nov. 10, 2018. The proposal also extends existing
requirements for employers to ensure that crane operators are trained and
competent to operate the equipment safely.
OSHA has determined that two of the four organizations that
offer third-party certifications have programs that do not meet the “type AND
capacity” requirements currently contained within the standards. These
organizations currently offer certification by type but not by capacity.
Operators in possession of this certification would be deemed “noncompliant”
according to the agency. To address the potential disruption and
uncertainty this interpretation has caused, OSHA has proposed to extend the
compliance and enforcement date by another year. In Sept. 2014, OSHA issued a
similar extension for crane operator certification requirements and employer
requirements for operator training and competency by three years to Nov. 10,
The meeting will be held by teleconference only and is open
to the public. The tentative meeting agenda topics include:
- Presentation on OSHA’s proposed rule to extend the
enforcement date for the crane operator certification requirements and the
existing employer duty in the Cranes and Derricks in Construction
- ACCSH’s consideration of, and recommendation on, OSHA’s
Proposed Rule to extend the enforcement date for the crane operator
certification requirements and the existing employer duty in the Cranes
and Derricks standards.
- Public comment period
AGC is a member of ACCSH and supports the proposed
extension to allow OSHA to address the “type AND capacity” issue while also
addressing operator qualification. However, we believe the agency should
allow contractors the flexibility to qualify operators under a performance
standard. To participate in the meeting, the dial-in number is 1 (888) 604-9368
and the passcode is 8521818. AGC will continue to monitor the status
of any further updates on the rule as they become available.
For more information, contact Kevin Cannon at email@example.com (703) 837-5410.
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President Trumpís Infrastructure Week
President Trump turned his focus to infrastructure
this week by dedicating a series of events to addressing America’s
infrastructure. The events included
announcing his plan to privatize the nation’s
air traffic control, holding a rally
in Cincinnati – attended by several AGC members – highlighting the need
to improve the Inland waterways system and discuss his broader infrastructure
plan, a meeting with governors and mayors, and finally, a Roads and Rail
Regulatory event at the U.S. Department of Transportation.
AGC continues to be encouraged by the president and his
administration’s commitment to improving our nation’s infrastructure and we
look forward to working with them and Congress to ensure that any
infrastructure package provides increased federal funding and additional
financing along with a regulatory environment that ensures the greatest return
on any new investments.
information, contact Sean O’Neill at firstname.lastname@example.org
or (202) 547-8892.
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