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On June 30, ��ѻ��ý along with more than 60 organizations took issue with OSHA’s proposed rule to expand the scope and revise the provisions of its “Improved Tracking of Workplace Injury and Illness” regulation. If finalized as proposed, the rule will require construction firms with 100 or more employees to electronically submit their OSHA Form 300 (log of work-related injuries and illnesses), OSHA Form 300A (summary of work-related injuries and illnesses), and OSHA Form 301 (injury and illness incident report) on an annual basis. For construction firms with 20 – 100 employees, the rule will require the annual submission of their OSHA Form 300A (summary of work-related injuries and illnesses).

On June 8, ��ѻ��ý sought clarification from OSHA on its enforcement of heat-related hazards under its National Emphasis Program (NEP). Due to the absence of specific guidance clarifying how compliance safety and health officers (CSHOs) will evaluate a contractor’s implementation of protocols to address heat exposure, fair and consistent enforcement will be significantly impacted across all regions. In addition, the NEP’s ambiguities may ultimately put workers at further risk of injury or illness.

On January 26, ��ѻ��ý of America, along with its Construction Industry Safety Coalition Partners, responded to OSHA on its first regulatory step towards establishing a federal heat standard for indoor and outdoor work, a rule with the potential to have far-reaching impacts on the construction industry. While the proposal issued by OSHA lacked actual, draft regulatory language, and was presented in a series of questions, ��ѻ��ý’s responses took the opportunity to highlight proactive efforts the industry has taken, confusion surrounding existing state standards, and the impracticality of an 80-degree trigger threshold for such a standard from the perspective of the wide array of climates nationwide. ��ѻ��ý will continue to engage with members to better inform the agency as they proceed, which is most likely the case for this initiative.

Victory for Construction Advocacy Fund-Financed ��ѻ��ý Lawsuit

On January 19, ��ѻ��ý, along with the American Road and Transportation Builders Association (ARTBA) and Signatory Wall and Ceiling Contractors Alliance (SWACCA), submitted comprehensive comments to OSHA reiterating the construction industry’s success in protecting workers throughout the pandemic, while also reminding the agency of the low-risk nature of construction work. The joint comments further detailed how the ETS will exacerbate the workforce shortage for covered contractors, significantly increase construction project costs, and potentially result in delays that will undermine the nation’s economic recovery.

��ѻ��ý to Continue with Litigation on the Merits of the ETS

On Hold Until April, ��ѻ��ý Communicates with Agencies

Employers with 100 or More Employees Weigh Compliance Approaches

A December 17 decision by the U.S. Court of Appeals for the Eleventh Circuit will effectively maintain a Georgia federal district court’s nationwide stay of the federal contractor vaccine mandate until at least January 24, 2022. The Eleventh Circuit denied a Biden Administration request to immediately remove the nationwide stay and instead requested that the parties to the lawsuit fully brief their arguments on the stay by January 24. The argument here does not go to the merits of the mandate, but instead as to whether the existing freeze of the mandate should be maintained or not. As such, litigation is far from over in this particular case and those throughout the country, including by ��ѻ��ý in a federal court in Texas.