PRESIDENT'S LETTER

Dear Readers -

People are starting to savor the outdoors and enjoy the fantastic weather we’ve had lately - at least in Colorado. It’s a good time to focus on safety (there’s never a bad time) - not just in construction, but for our families as well. When people are playing outside - make sure they’re wearing the right shoes, and kids are wearing bright clothes. Be aware of your surroundings, weather forecast, time constraints, and just make sure you plan. Bring out your inner boy or girl scout, mom or dad.

I wanted to make sure you knew that the ASA family is growing. In addition to the new chapter in Austin, Texas, which we welcomed earlier this year, we’re bustin’ out big time in Washington. Rob Scott of Scott Coatings is president of the group, but of course there’s a bunch of people doing the hard work of making this chapter a success. If you’re reading this, and NOT a part of ASA National or one of our chapters, call up the state contact and see what’s happening in your neck of the woods.

Speaking of which, it’s renewal season, so be on the lookout for invoices. If you value your association with ASA, let others know how great this group is. If not, tell us, and we’ll do our best to figure out how to work for your success. Members come up to Richard, Matt, and I, and continue to say how much this association means to them - both personally and professionally. It’s a good feeling, but we know that it’s all of you that are making that happen. Thanks - and continue reaching out to the industry.

It’s when like voices come together for a greater good that we’re heard. Our annual DC Fly-Ins are back, and we’ll be on the Hill talking to our Representatives on June 14. If you want to be a part of the change you want to see, here’s your chance. Registrations are now closed, but there’s lots going on the three days we’ll be in DC. On Thursday, we’ll have a board meeting and our annual business meeting. This meeting will be in-person, AND virtual. If you can’t attend in person, please use this link to register and attend virtually. Be a part of this association.

You’ve should be receiving our FASA (Foundation of ASA) emails about how we can address two very serious issues in the construction industry - diversity & inclusion and suicide prevention. We all think we’re doing the best we can with the resources we have. But are we? Take the time to step back, evaluate when there were things you could have done better on these two issues. Why not take the pledge to invest in suicide prevention, invest in doing things better, for a more successful future for both you and your company?

Plus…we’re excited to announce we’re launching the ASAdvantage Health Plan. See all the details on the website.

Rusty Plowman

ASA President 2022-2023

ASA Goes to DC

ASA’s Fly Ins are back. Make sure your voice is heard, and find out about the State of the Association!

Join us on June 13-15, 2023 for our annual meeting, plus other activities, all in Washington DC. Be a part of democracy in action as we meet our representatives to advocate for Subcontractors’ issues. The deadline for attending the Hill visits has passed, but there’s plenty of other activities. Click here to register!

TUESDAY, 6/13/23

12:00pm - 1:00pm

Tour of U.S. Capitol

2:00pm - 3:30pm

Leadership Roundtables

4:30pm - 5:30pm

Hill Visit Prep Session

6:00pm - 8:00pm

Congressional Reception and Dinner

WEDNESDAY, 6/14/23

9:00am - 4:00pm

Capitol Hill Visits

THURSDAY, 6/15/23

8:00am - 5:00pm

Board Meeting

12:00pm - 1:00pm

Virtual Annual Business Meeting. Link for registration

New EBook from

Struct Share.

StrucShare has just released their new eBook titled “Solving Today’s Procurement Challenges for Specialty Contractors.” Whether you’re just starting out in procurement or you want to brush up on your knowledge, it’s worth checking out. They cover all the essentials: purchasing, inventory management, financials, and reporting. Plus, they provide helpful statistics shared by peers so you can benchmark yourself.

Billd’s 2023 Subcontractor Market Report is finally live!

The big takeaway: Subs have had to shoulder an extra $97 Billion in costs in 2023. Here’s the link to the landing page (no email required to download the report)

OSHA Update

We are seeing an increase in activity coming out of OSHA well into the summer, and below is a brief update of activities that we, along with the Construction Industry Safety Coalition (CISC), are actively monitoring:

• OSHA Announces NEP on Fall Prevention: As of May 1, OSHA has begun a National Emphasis Program focusing on reducing fallrelated injuries and fatalities for people working at heights across all industries. More specifically, the program establishes guidance for locating and inspecting fall hazards and allows OSHA compliance safety and health officers to open inspections whenever they observe someone working at heights. As stated in the NEP, OSHA “anticipates that most of the inspections will occur in construction because the majority of the fatal falls to lower levels each year occur on construction worksites.”

• Workplace Injury and Illness Recordkeeping Final Rule under OMB Review: The Office of Information and Regulatory Affairs received from OSHA the final rule on its electronic tracking of workplace injuries and illnesses. If issued, the rulemaking would likely require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year, among other things.

• President Biden Signs Regulatory Review Executive Order: On April 6, President Biden issued an Executive Order (EO) on “Modernizing Regulatory Review,” which aims to facilitate the initiation of meeting requests from potential participants who have not historically requested such meetings, as well as to improve the efficiency and effectiveness of E.O. 12866 meetings. Of concern to CISC is the potential for associations, coalitions, and even individual associations represented by coalitions to be more easily denied E.O. 12866 meetings with the Office of Management and Budget, because of the frequency in which they request meetings. Additionally, OMB is accepting comments in response to implementation of Section 2 (e) of the EO, which includes language on establishing a new process for these meetings, through June 6th.

• Heat Injury and Illness Standard

Update: As we continue to track movement on this issue, representatives from OSHA have publicly stated the agency intends to initiate the SBREFA panel process in early May. The Steering Committee is working to select a representative(s) to represent the coalition, but we would also advise you to begin identifying your small business/small entity members and clients who would be interested in participating in the panel.

• OSHA PPE Proposed Rule Clears

OMB Review: On April 4th, the Office of Management and Budget approved OSHA’s draft proposed rulemaking clarifying the requirements for the fit of PPE in construction. As of now, the proposed rule has not been published on the Federal Register or OSHA websites, but we expect text to come out soon.

Mental Health at Work Initiative

May is Mental Health Awareness

Month, and this week the Department of Labor is launching its Mental Health at Work initiative, including a new webpage promoting numerous tools and resources. This initiative will advance wellness in the workforce by reducing stigma and increasing awareness of mental health and wellbeing within workplaces; promoting best practices and compliance by employers; and promoting mental health equity and access, especially for marginalized and vulnerable populations.

Nearly 1 in 3 adults had either a mental health or substance use disorder in the past year. Job quality is an important factor in a person’s mental health and ability to access treatment for mental health conditions and substance use disorders. While workplace stress and poor job quality can negatively affect workers’ mental health, workplaces can also provide important connections to resources, supports, accommodations, and benefits designed to improve our mental health and facilitate equitable access to treatment. From construction sites to daycare centers, and from healthcare clinics to assembly lines, all workers need workplaces that prioritize mental health and wellness.

Compendium on State Construction Laws Now Updated and Available

The AGC/ABA Construction State Law Matrix is the most comprehensive and concise resource available for Contractors, Owners, Engineers, Designers and Architects looking for information on state laws that affect public and private construction projects. Joe Cohen, a construction and federal government contracts partner at Fox Rothschild LLP, is the current research editor that updates the State Law Matrix annually with volunteers from The American Bar Association Forum on Construction Law. This searchable database of all 50 states, DC and Puerto Rico provides expert analysis and explanations on over 60+ issues ranging from Lien Notices to Pay If-Paid/ Pay-When-Paid.

See a sample state here.

To purchase your annual subscription to the Construction State Law Matrix, CLICK HERE. IMPORTANT: ASA Members get a 25 percent discount! Log into InfoHub on the ASA website, or look for it in a recent ASAToday or Hammer & Nails issue.

This tool allows users to search by state or topic area. Topic areas include:

• L icensing Requirements

• Prevailing Wages

• Pay-If-Paid/Pay-When-Paid

• Bidding Requirements

• Prequalification

• L ien Notices and Filings

• MBE, DBE, WBE

• Statute of Repose

New Updates to DOL and FLMA Posters

Following the passing of the Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing Mothers Act (also known as the PUMP Act) in late 2022, the U.S. Department of Labor in late April added information about the law’s mandates to its minimum wage poster.

To reflect the amendment of the PUMP Act to the FLSA, the required FLSA poster has been updated to include Pump At Work information for employee awareness.

When the Affordable Care Act first mandated pumping breaks, they were limited to workers entitled to the FLSA’s overtime protections — “nonexempt” workers who often are paid on an hourly basis.

The PUMP Act expanded those rights to exempt employees, who are not entitled to minimum wage and overtime protections and are often paid on a salary basis.

Employers must communicate those rights to workers, and — assuming the information is posted or provided properly — DOL’s poster fulfills that notice requirement.

In addition, the department’s Family and Medical Leave Act poster also received minor updates, which clarifies that while FMLA leave is unpaid, an employee may choose or be required to use employer-provided paid leave at the same time, according to a blog post from law firm Atkinson, Andelson, Loya, Ruud & Romo.