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The Associated General Contractors of America | Quality People. Quality Projects.
www.agc.org November 1, 2016
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AGC WORKING FOR YOU
OSHA Delays Rule Enforcement Related to Post-Incident Drug Testing Position
At AGC’s Urging, Congress Weighs in on this Issue
 

The U.S. Occupational Safety and Health Administration (OSHA) delayed enforcement until Dec. 1, 2016 of the anti-retaliation provisions in its injury and illness reporting rule, which highlighted OSHA’s intention to enforce policies that could restrict mandatory post-incident alcohol and drug testing. At AGC’s urging, more than 30 members of Congress called on OSHA to reconsider and withdraw this controversial and unsubstantiated position.

OSHA issued this delay at the request of a federal court currently considering a motion challenging the anti-retaliation provisions.  The letter from members of Congress comes on the heels of AGC grassroots efforts and AGC Chapter and contractor Capitol Hill meetings following the association’s National and Chapter Leadership Conference in late September.

AGC previously met with the head of OSHA, noting the association’s opposition to the agency’s drug testing position and that position’s challenge to safe, drug-free workplaces and drug testing programs collectively bargained with organized labor, among other things. 

AGC Releases New Resources on Blacklisting Executive Order
AGC Educating its Members to Understand Reg. Requirements
 

To continue to assist AGC members understand the breathe of the president’s “Fair Pay and Safe Workplaces” (Blacklisting) Executive Order (EO), the association recently held its second WebED—complementary for AGC members—detailing the types of labor law violations they will have to report in order to be considered for certain federal contracts. That WebEd and its accompanying power point presentation, in addition to other resources, can be found at www.agc.org/blacklising.

Portions of the Blacklisting EO took effect on October 25, 2016. Remember, the EO 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.

AGC IN THE NEWS
Construction Spending Edges Down in September and Is Up Modestly for the First Nine Months of the Year Amid Private-Sector Growth and Public-Sector Declines
 

Construction spending remained in a yearlong holding pattern in September as declining public outlays offset strong growth in multifamily spending and several private nonresidential categories, according to an analysis by the Associated General Contractors of America.  Association officials said declining investments in public infrastructure are undermining the sector’s recovery and urged Congress to act on pending water resources legislation and voters to support ballot measures designed to rebuild aging infrastructure.

“There is still plenty of oomph in private demand for construction and growing support for school construction, but public infrastructure investment is crumbling just when it is needed most,” said Ken Simonson, the association's chief economist. “These conflicting trends have left total construction spending nearly flat for the past 15 months.”

Read full press release here

Construction Employment Rises in 35 States from September 2015 to 2016; Only 21 States and D.C. Add Jobs Last Month Amid Worker Shortages
 


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EDUCATION
Post-Election Outlook for Design and Construction
 

Register now for the complimentary webcast from 2 to 3:30 pm EST on Nov. 17, “The Post-Election Outlook for Design and Construction,” featuring three chief economists: Ken Simonson, AGC of America; Kermit Baker, American Institute of Architects; and Alex Carrick, ConstructConnect. The economy has limped through much of 2016. Some analysts say uncertainty over the U.S. presidential and congressional elections has caused businesses and consumers to hold off committing to construction and other spending.

Once the election is finally over, will construction get a bounce or fall into a sinkhole? What are the likely impacts on housing, private nonresidential investment, infrastructure and other public projects? Will labor availability ease or continue to plague many contractors? Are materials prices heading up, down or sideways? Get the answers to these questions—and yours—in a fast-paced, 90-minute program.

Webinar: Federal Contractors, Get Ready for the New Paid Sick Leave Rule!
Wednesday, Nov. 16 | 2:00-3:30 p.m. EST
 

Virtually all construction contractors that perform work for the federal government will be required to provide paid time off to employees for sickness and other covered purposes under a new rule issued by the U.S. Department of Labor that takes effect on January 1, 2017.  AGC of America will hold a WebEd (webinar) on November 16 from 2:00 to 3:30 p.m. Eastern Standard Time specifically to help construction contractors understand the rule’s myriad mandates and avoid costly sanctions for noncompliance.

Among the many issues addressed, the program will answer the following questions about the rule:
• What types of contracts are covered?
• Which employees are covered?
• How much time off are employees entitled to and how is it accrued?
• Does accrued leave carry over from year to year?

Click here for more info or to register now at the AGC-member price of $79 or the non-member price of $99.

CONSENSUSDOCS
ConsensusDocs Design-Build Contracts Help You Build a Better Way
 

ConsensusDocs contracts are the first and only industry standard Design-Build construction contracts written by Owners, Contractors, Subcontractors, Sureties and Designers.  These fair contracts use best practices to represent the project’s best interests.  Written in a straight-forward fashion to provide clarity and assist contract administration, the general conditions and agreement are integrated into one form.  Subscribe today to cover all your contracting needs including the ConsensusDocs 301 BIM Addendum – the first and only industry standard contract to comprehensively address the legal ramifications of BIM.

ConsensusDocs contracts are the only contracts written and endorsed by 40 leading design and construction industry organizations, including AGC.  Offering a catalog of 100+ contract documents addressing all methods of project delivery, ConsensusDocs incorporate fair risk allocation and best practices to represent the project’s best interests.

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