ON THE NATIONAL FRONT

AGC of America is a great resource for all members! Just as we encourage you to reach out to our team at AGC Georgia for guidance on state laws impacting construction, business regulations, safety best practices and so much more, you are also encouraged to consider our colleagues at the AGC of America office as your front-line resources. The following notes of interest are provided by AGC of America’s governmental team. While some of these issues are specific to federal contractors, and many AGC Georgia members do not perform federal work, national regulations impact us as taxpayers and can sometimes morph into new ideas (good or bad) for the private sector. It’s important to keep watch on all types of guidelines that originate at the federal level to be as informed as possible in today’s evolving marketplace.

— Mike Dunham, CEO, AGC Georgia Safety & Health

OSHA Advances Proposal on Personal Protective Equipment (PPE): OSHA plans to publish a proposed rule in near future to “clarify the requirements for the fit” of PPE. An earlier 2016 PPE proposal was part of OSHA’s Standard Improvement Project (SIP-IV). AGC commented and encouraged OSHA to conduct rulemaking. OSHA subsequently withdrew the language from the SIP-IV.

OSHA Moves Forward with Permanent COVID-19 Healthcare Standard: At the end of 2022, OSHA submitted its final rule to protect healthcare workers from COVID-19 for final review before publication in the Federal Register. AGC previously submitted comments opposing the expansion of the rule’s application to construction activities in healthcare settings. AGC is meeting with the White House on this issue.

AGC Meets with DOL Secretary Walsh: In the Fall, AGC and the Secretary discussed top industry priorities.

AGC Continues to Engage on Heat: AGC continues to seek input on the consistency of heat inspections.

Labor/HR

Apprenticeship & Prevailing Wage Guidance for New Tax Credits/179D: The Inflation Reduction Act included new tax credits requiring contractors have 15% of hours worked by registered apprentices and to pay prevailing wages. The Treasury Dept. issued guidance that failed to answer concerns AGC put forth.

New Independent Contractor Test: AGC commented against USDOL’s expanded FLSA definition of independent contractor.

NLRB’s Joint Employer Rule: At the end of 2022, AGC commented against the NLRB’s expanded standard for determining joint employer status.

OFCCP EEO-1 Report Lawsuit: Last year, a reporter again sued OFCCP under FOIA for EEO-1, Type 2 Consolidated Reports. OFCCP intends to release to the names of federal contractors that objected to public release under an applicable FOIA exemption.

AGC Awaits Davis Bacon Final Rule: Last year, the USDOL issued a proposed rulemaking sweeping changes to the Davis-Bacon and Related Acts. AGC filed comments but it is unclear when a final rule will be issued and when it will take effect.

Environment

AGC Readies for FHWA Greenhouse Gas Performance Measure: AGC commented last fall on FHWA’s proposed rule to establish a one-size-fits-all GHG performance measure that would limit a state’s ability to choose transportation projects that fit its unique needs.

AGC Highlights Concern with Climate Reporting Requirements for Federal Contractors: AGC is preparing to weigh in on proposed revisions to the FAR to require climate reporting for federal contractors, including from the supply chain for “major” contractors.

Responds to EPA Proposal to Regulate PFOA and PFOS as Hazardous: AGC responded to an EPA proposal that would trigger reporting requirements and ultimately the cleanup of contaminated sites. AGC asserts innocent contractors need protection from liability. AGC urged the agencies to use a more nuanced approach that would provide for necessary clean-ups without significantly increasing risk.

Files Suit to Block EPA and USACE New Regulation on Waters of the United States (WOTUS) ahead of Supreme Court Ruling: The EPA and the Army Corps of Engineers published a new “11th-hour” definition of WOTUS before the Supreme Court weighs in on one of the methods the agencies are using to determine whether water is under federal jurisdiction.

Procurement

Prepares for Action on New PLA Executive Order: Last Fall, AGC submitted comments on the FAR Council proposed rule to implement the executive order requiring PLAs on direct federal construction projects of $35M or more.

Action on Buy America Expansion to Construction Materials: Federal agencies issued waivers to delay implementation of new Buy America requirements under the Build America, Buy America Act (BABAA).

Engages on New DBE Rule: Last Fall, AGC commented on the USDOT DBE Program proposed rule that would update the personal net worth and program size thresholds for inflation, update certification provisions across the states, and more.

Scores Change Order Transparency: As of late last year, federal owners on small business construction solicitations must: publish their policies and procedures for processing change orders; track the time it takes to definitize change orders; and publicly publish this data. ■

The AGC Georgia team is excited to offer a variety of opportunities for members to get engaged, grow their professional expertise, learn and share best practices, and give back to the community.

While final details are still being planned for some of the below opportunities, thus they aren’t open for