GCA Construction News Bulletin January 2023

FEDERAL WAGE RATES

THETEAM THEDIRECTORS THEEDITORIALS

PRESIDENT James Martinez Guam Contractors’ Association

CHAIRMAN & PAST CHAIRMAN

Bill Beery Tutujan Hill Group

VICE CHAIRMAN

Joe Roberto East Island Tinting

SECRETARY/TREASURER

Matthew Hunter Dylan Mechanical Construction Services

CONTRACTOR

DIRECTORS:

Don McCann Black Construction Corporation

Kathleen David Pacific Rim Constructors

Brian Holm Hensel Phelps

Albert Smith

SmithBridge Guam Soraya Vongjalorn Vertex Guam

AJ Perez Hawaiian Rock Products

Guam Contractor’s Association (GCA) in conjunction with Adztech and Public Relations, Inc. publishes the Construction News Bulletin (CNB) monthly. Reproduction of materials appearing in this publication is strictly forbidden without written permission by GCA.

While we always strive for accuracy, we will from time to time overlook mistakes. In order to help us improve the quality and accuracy of this publication, we ask that you take the time to look at the information provided and notify GCA or Adztech of any corrections as needed. Opinions and editorial content of this publication may not necessarily be those of the publisher, production team, staff, GCA members, GCA Board of Directors and advertisers.

For more information about advertising in the GCA Construction News Bulletin contact the advertising department at (671) 477-1239/2239 or email at adztech@teleguam.net.

Distributed to GCA members or can be obtained by stopping by the Guam Contractors’ Association office located at 506 Mariner Ave., Barrigada, Guam 96913

PUBLISHER: James Martinez

PRODUCTION TEAM

LEAD: Geri Leon Guerrero

AD SALES: Jaceth Duenas Alyssa Roces

PRODUCTION: Alyssa Roces

Jason Davis

Christopher “Taco” Rowland

EDITOR: Adztech

CONTRIBUTING WRITERS: Joanna Rupley Sablan

R.D. Gibson Rodney “RJ” Ricarte Lucia Wood

GCA STAFF: Desiree Lizama Elaine Gogue Francine Taitague Trevor Cruz

ASSOCIATE

DIRECTORS: Mark Cruz MidPac Far East

Jose Garcia First Hawaiian Bank

Camilo Lorenzo Matson Navigation

Geri Leon Guerrero

Adztech Advertising and PR

To find out more about how you can become a GCA member contact Guam Contractors’ Association at Tel: (671) 647-4840/41 Fax: (671) 647-4866 or Email: gca@teleguam.net. www.guamcontractors.org

Postmaster. Send address changes to Guam Contractors’ Association, located at 506 Mariner Ave., Barrigada, Guam 96913

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PRESIDENT’S LETTER

Hafa Adai GCA Members:

I hope you enjoyed the holidays with family and friends and I wish you and your family a happy (and successful) new year. The Guam Contractors Association looks forward to 2023 being a year of growth and new challenges. It is our intention to lead our association to many new accomplishments and stronger relationships within the construction industry and the community.

On December 13, 2022, 30 GCA members attended a meeting with a delegation from the Philippines’ House of Representatives and the business community at Adelup. This meeting was arranged by the GCA at the invitation of Guam Governor Lou Leon Guerrero's office and the Guam Department of Labor. At the meeting, the Philippine representatives listened to concerns from the construction community about the Philippine overseas labor office in Los Angeles. The representatives shared with the GCA members their thoughts, and possible plans, to streamline the administration of the office. It was agreed by all in the meeting that the process to obtain Philippine construction labor needs to be more streamlined and efficient. We look forward to updates from the Philippine government on how the new streamlined process will work.

This month, several GCA board members will be meeting with Delegate James Moylan concerning Guam construction issues that need to be addressed in the United States Congress. Matters such at the Defense Base Act, H2B workforce, and potential issues concerning Project Labor Agreements, are on our agenda to discuss with Moylan. I’ll be updating the membership as we work with the congressman throughout the year.

A continuing issue is GCA’s work with the Department of Public Works to update the weight restriction rules and regulations. Working with truckers and the wholesale distributor community on Guam, the law was updated in 2022 to allow for increased weights on newly designated haul roads, after the roads are reconstructed for additional weights. These haul roads (starting with Marine Corps Drive from the commercial port to Harmon) should begin reconstruction in 2024. The rules and regulations are being drafted and will be ready for legislative review in 2023.

In January 2023, GCA membership dues will be increasing for many members. In order to streamline the association’s finances, the board of directors decided to consolidate the dues structure into just two categories. The new categories are: under $1 million in revenues, and $1 million in revenue and above. The GCA office is now sending members invoices for 2023. If you have any questions about your new membership dues, please contact the GCA office.

Lastly, GCA member Triple J Enterprises, Inc., has recently been appointed a Butler Builder for Butler Manufacturing in the region. As part of their outreach efforts they will be hosting mixers on Guam and Saipan to educate the construction community about their products and services

Scott Wilson with Butler Manufacturing, will be speaking at the GCA luncheon on Wednesday, January 18, to provide a brief overview of Butler, and highlight custom building ranges, existing building applications, and a wide range of building designs.

Additionally, Triple J and Butler will be hosting a GCA Membership Mixer in the main showroom in Upper Tumon, on Thursday, January, 19 from 6:00 to 8:00 p.m., with food and beverages.

GCA is in discussions to hold many mixers for our membership throughout 2023. This is just one example of the association increasing opportunities for members and community leaders to meet and build lasting relationships in order to strengthen and grow the construction industry on Guam.

Sincerely, James A. Martinez President

Guam Contractors Association

Kelly

2023 Charlie Corn

Scholarship Awards

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APPRENTICESHIP CORNER

By Francine Taitague Safety, Training and Education Coordinator, Guam Contractors Association

GCA MEMBERS: START AN APPRENTICESHIP PROGRAM

Construction companies needing a quality workforce, and those wanting to be employed on Guam, and should consider apprenticeship.

Simply put, apprenticeship is an industry-driven, high-quality career track. Employers develop their workforce, and individual employees obtain paid work experience, classroom instruction, mentorship, and a nationally-recognized NCCER credential.

For the construction company, the expenses to join the program can be paid for by the Manpower Development Fund. The Guam Registered Apprenticeship Program (GRAP) provides tax credit incentives to eligible companies that employ apprentices who are enrolled and registered in the Guam Department of Labor Apprenticeship Program. The Guam Contractors Association keeps track of hours worked and the education progress of the apprentice.

Employers benefit with a program that helps recruit, grow, and retain a highly-skilled workforce. The workforce benefits by receiving a skills-based education.

Looking to establish an apprenticeship program at your company? Getting started is easy. Come to the Guam Contractors Association office at the GCA Trades Academy in Tiyan. I can help your company sign up under our apprenticeship program with education standards and an education curriculum. Once hired by the company, your apprentice will go through the application process and will then receive a NCCER registration number. The apprentice will start classes, either at your company or at the GCA Trades Academy in the evening, on Saturdays or after work hours. During work hours, on-the-job training will be under the guidance of an experienced journeyman from the job site.

Apprenticeship in the construction industry can be an excellent career choice for high school graduates or individuals looking to change careers. On the job training provides a paycheck as the apprentice develops skills. No college debt. No waiting four years, or more, for a job in the chosen industry. They can start in your program and begin earning a paycheck.

GCA member companies are encouraged to join the growing list of construction companies with registered apprentices who are training on the job, increasing their skills, and adding value and quality craftsmanship to construction projects on Guam.

Interested in learning how to start an apprenticeship program at your company? Please contact me at (671) 647-4841 or francine.taitague@guamcontractors.org.

RAISING

By: R.D. Gibson

By: R.D. Gibson

Generations will always talk about what to call money. It can also be called ‘paper’, ‘cheddar’, ‘smackeroos’, ‘dinero’, or ‘coin’. We learned a new word while researching recently. “Emoluments” - a fancy shmancy word for pay or salary for employment or office according to Google. No matter what you call it, money - particularly wages - are always a hot topic - no matter the industry, always has and always will be if you think about it.

That might sound hyperbolic, but surely the prices at the supermarkets, gas stations, and utility bills are concerning to say the least. Heck, even streaming services are raising their prices!

The exchange of money for labor might be a tale as old as time, but it could be argued, the cost of living and commerce are worlds different now than the markets and services in biblical or medieval times. And, if we look at specialized industries, it is paramount to take into consideration the changes that seem to happen in seconds due to increases and emphasis in education and training, as well as the prevalence of technology in twenty-first century industries.

According to an article from CNN.com, “wages are rising at their fastest pace in decades,” as stated in its title, while the article states employers are having a hard time attracting and keeping employees. It continues by listing price hikes, discussing the housing market, and, overall, the tough choices workers are making to keep cash in their pocketbooks and food on the table, gas in the car, a roof over their heads, etcetera, etcetera, etcetera. This even as “inflation-adjusted wages” seem to be on the rise, as stated in another CNN.com article, dated nearly a year ago.

EXECUTIVE ORDER 14026

On April 27, 2021, President Joe Biden ratified Executive Order 14026 to increase the minimum wage of federal contractors to $15.00 an hour beginning on January 1, 2022. This wage increase applies to “workers performing on or in connection with covered federal contracts.” In between all of the jargon, the Executive Order “states that the Federal Government’s procurement interests in economy and efficiency are promoted when the Federal Government contracts with sources that adequately compensate their workers.” The wage rate applies to federal contracts entered into, renewed, or extended (pursuant to an option or otherwise) on or after January 30, 2022, and increases annually are determined by the Secretary of Labor.

The determination of the rate increase is based on three criteria as written in the Frequently Asked Questions section of the Wage and Hour Division’s website. The wage cannot be less than the amount in effect at the time of determination; the rate should be “increased from the rate in effect by the annual percentage increase in Consumer Price Index for Urban Wage Earners and Clerical Workers

(US city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and, it should also be rounded to the nearest multiple of $0.05.”

Furthermore, the website also announced on September 30, 2022, the wage rate would increase to $16.20 hourly. One of the key elements of this Executive Order (14026) is it mandates contractors who are covered by it ensure their workers receive no less than the minimum wage rate in effect during the calendar year in which the contract is being performed.

Eligible federal contracts fall under four types, which include procurement contracts for construction covered by the Davis-Bacon Act, and service contracts covered by the Service Contract Act, concessions contracts, and “contracts in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public”. Any contract in the above-mentioned categories falls under Executive Order 13658, under former-President Barack Obama, from 2014.

Fact Sheet #83B, also found on the Wages and Hours Division website, shares a list of eligible workers for the Executive Order, which include those eligible for Fair Labor Standards Act (FLSA) minimum wage, service employees and laborers and mechanics under the Service Contract Act (SCA) and Davis Bacon Acts (DBA), respectively, who are entitled to prevailing wages.

Moreover, if workers are entitled to higher wages than that of the Executive Order in accordance with another Federal, State, or local law, they must be paid the higher wage rate. However, there are limitations to who is covered, and these include employees who hold a ‘bona fide executive, administrative, or professional’ position, as they are also exempt from the FLSA minimum wage and overtime requirements.

Violators of the Executive Order can have contract funds withheld to have underpaid workers paid, contracts can be ended, contractors can also be held ‘liable for associated costs to the government’, and can also be excluded for three years from government contracts in the future.

LEGAL ISSUES

According to an article on Bloomberg Law.com, this could affect half a million companies throughout the United States and its territories. Additionally, the article outlines the legal challenges against the administration and how President Biden overstepped his authority under the Procurement Act.

The Executive Order itself states, “Raising the minimum wage enhances worker productivity and generates higher-quality work by boosting workers’ health, morale, and effort; reducing absenteeism and turnover; and lowering supervisory and training costs.” It continues by stating that, “ensuring that Federal contractors pay their workers an hourly wage of at least $15.00 will bolster economy and efficiency in Federal procurement.”

For Guam

For Lucia Wood, General Construction Manager of Relyant Global, the Executive Order provides an opportunity for better wages, “which is most certainly needed,” Wood stated. “I agree there are many who are working for wages that cannot sustain a household especially here on island.”

Wood hinted at the possibility that awareness of the Executive Order may be limited currently, and ‘the depth in which [the] contractor must maintain compliance.” She also pointed to the lengths a prime contractor might need to consider to guarantee their employees are being paid accordingly.

Wood stated her concerns about contractors ending up in a predicament if there is not more awareness made available about the minimum wage increase for Federal contractors. “I also do not believe that the information is reaching the masses, which can place all contractors in a precarious situation,” she emphasized. Joe Roberto, Managing member of East Island Tinting, LLC, agreed with Wood, also sharing how more should be done to keep small business owners and contractors informed. Roberto, also added, the day-to-day tasks of small business leadership can be daunting, but insinuated at keeping on top of these types of mandates is important, as well.

In a nutshell, after sifting through all the legal jargon and vocabulary, it seems the Executive Order is trying to help all those involved in Federal contracts. In a time when the price of basic goods seems ridiculously astronomical, it wouldn’t hurt to have a little more in your bank account. It is also a good time to look at long-standing procedures and reevaluate compliance across the board, especially as we head into the new year!

For more information regarding Executive Order 14026, you can visit the following websites: EO 14026: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/27/executive-order-on-increasing-the-minimum-wage-for-federal-contractors/ Final Rule: EO 14026: https://www.dol.gov/agencies/whd/government-contracts/eo14026

Fact Sheet #83B RAISING THE MINIMUM WAGE FOR CONTRACTORS UNDER EXECUTIVE ORDER 14026: https://www.dol.gov/agencies/whd/fact-sheets/83b-Raising-The-Minimum-Wage-For-Contractors FAQ on the Wage and Hour Division’s website: https://www.dol.gov/agencies/whd/government-contracts/eo14026/frequently-asked-questions

Your Better Health Checklist for 2023

By Rodney “RJ” Ricarte

Living a balanced lifestyle can be challenging. Many responsibilities and distractions can keep us from living the Balanced Lifestyle of being active, eating right, relaxing and unwinding, and staying socially connected.

Here is your checklist to maximize your TakeCare GCA health insurance employee benefit in 2023. Stay focused on your goals and learn more about each below item.

#1.) Free health education classes

TakeCare employee members can access no-cost health education classes to learn about better nutrition, prevent heart disease, quit smoking, and control diabetes.

TakeCare’s diabetes prevention program - T2 - is the only program fully recognized in the region by the Centers for Disease Control and Prevention (CDC). TakeCare members can improve health through health education classes, cancer prevention campaigns, and fitness programs. Ernest Aquino, TakeCare’s wellness team lead, provides educational and coaching services to help you get started. To contact Ernest visit https://wellnesscenter.takecareasia.com

#2.) Free technology answers your questions and keeps you informed

The MyTakeCare Member Portal allows members access to medical and health plan information, as well as wellness resources, 24 hours a day, 7 days a week. Access the web portal here: https://takecareasia.com/mytakecare-web-portal.

The TakeCare Mobile App conveniently provides alerts and notifications, insurance card access, plan information, fitness stamp cards, wellness & fitness programs and calendars, and Affinity Rewards Cards. Download the app at the Apple App Store or Google Play.

TakeCare’s Instant Virtual Assistant ( TIVA) is a convenient online virtual assistant that answers the most common questions. TIVA works on all browsers and devices. You can expect an immediate response. Access TIVA on your web browser here: https://takecareasia.com/tiva.

The Elixir Mobile App helps you save time and money on your prescriptions. The Elixir Member Portal provides you convenient, 24/7 access to your pharmacy benefits. Go to elixirsolutions.com and click “Register” in the top right-hand corner of the screen. Download the app at the Apple App Store or Google Play.

#3.) Earn fitness incentives

TakeCare offers fitness incentives up to $600 per eligible individual or $1,200 per eligible family per benefit period provided they meet the program’s incentive qualifying criteria.

TakeCare members have access to discounts at 19 fitness partners on Guam. Members can also earn TakeCare’s fitness incentive by self-reporting at least 30 minutes of an approved activity such as walking, jogging, running, rowing, swimming, and or biking. Track your activity using one of the approved fitness apps and upload information about the activity to earn the incentive.

For details about the above classes, technology and incentive programs, please refer to your Member Handbook or contact me.

Rodney “RJ” Ricarte is the TakeCare account executive for GCA. He can be contacted at (671) 487-7121 or rodney.ricarte@takecareasia.com.

NEW MEMBE R SPOTLIGHT

NAWIC is such an awesome network of Construction and Construction related fields. I think it is an amazing community to share the same passion and the the hardwork of all of the women in the industry. How our gender has evolved to be in the strong careerpaths that used to be unattainable to us. As a new member to NAWIC, I firmly believe that my position as Director of Sales and Marketing for The Product Solutions, an excellent fit for construction on Guam. I have just recently joined NAWIC and want to share that the Product Solutions is the Best Procurement Company for all your Construction Needs.

As a leading procurement company in the construction industry, we pride ourselves on our ability to deliver top-quality products and materials to our clients on time and on budget. But what sets us apart from the competition? Here are just a few reasons why we are the best choice for your construction project:

1. Extensive product offerings: We have a wide range of products available for all your construction needs, from tools and equipment to building materials and more. Our team is well-versed in the latest industry trends and can help you find the perfect products to suit your specific project requirements.

2. Competitive pricing: We are committed to offering competitive pricing on all of our products, so you can be sure you are getting the best value for your money. We also offer bulk discounts for larger orders, making it even more cost-effective to work with us.

Aileen de Dios Director of Sales and Marketing for the Saira Group of Companies

3. Reliable delivery: We understand the importance of timely delivery in the construction industry, which is why we have a strong track record of delivering products on schedule. We also offer flexible delivery options to meet your specific needs.

4. Expert customer service: Our team is knowledgeable and experienced, and we are always available to answer any questions or concerns you may have. We strive to provide the highest level of customer service to ensure your satisfaction with our products and services.

5. Quality assurance: We are committed to providing only the highest quality products to our customers. We carefully vet our suppliers and regularly inspect our products to ensure they meet our strict quality standards.

In summary, I know that I can help any company with our extensive product offerings, competitive pricing, reliable delivery, expert customer service, and commitment to quality I know that make us the best procurement company for the construction industry. I look forward to working with you on your next construction project.

JOIN NAWIC GUAM CHAPTER 381 TODAY!

Want to know more about NAWIC Guam or join our organization?

Contact us at nawicguam@gmail.com or DM us on Facebook (Nawic Guam) or Instagram (@nawicguam). www.nawic.org

On Jan. 4, the Biden administration released its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish in 2023. It also includes deadlines from 2022 that were missed. ABC has prepared a summary of the actions of interest to ABC members by agency.

On Jan. 4, the Biden administration released its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish in 2023. It also includes deadlines from 2022 that were missed. ABC has prepared a summary of the actions of interest to ABC members by agency.

U.S. Department of Labor

U.S. Department of Labor

Occupational Safety and Health Administration

Improve Tracking of Workplace Injuries and Illnesses

member of the Construction Industry Safety Coalition, submitted comments  on the ANPRM. CISC members feel strongly that a regulatory approach—if adopted—must be simple and should integrate the key concepts of “water, rest, shade.” According to the regulatory agenda, the agency plans to initiate a Small Business Regulatory Enforcement Fairness Act panel in January 2023.

member of the Construction Industry Safety Coalition, submitted comments  on the ANPRM. CISC members feel strongly that a regulatory approach—if adopted—must be simple and should integrate the key concepts of “water, rest, shade.” According to the regulatory agenda, the agency plans to initiate a Small Business Regulatory Enforcement Fairness Act panel in January 2023.

standard after having withdrawn the health care emergency temporary standard in December 2021. A final rule was slated for December 2022.

standard after having withdrawn the health care emergency temporary standard in December 2021. A final rule was slated for December 2022.

Welding in Construction Confined Spaces

Welding in Construction Confined Spaces

Powered Industrial Truck Design Standard Update

Occupational Safety and Health Administration

Improve Tracking of Workplace Injuries and Illnesses

On March 30, 2022, OSHA issued a  proposed rule to restore provisions of the Obama administration’s 2016 Improve Tracking of Workplace Injuries and Illnesses final rule. Under the new proposal, covered establishments with 100 or more employees in certain high-hazard industries—including construction—will be required to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year. In addition, the U.S. Department of Labor plans to share the information on a public website (although indicating it will remove individuals’ names and contact information). ABC submitted comments opposing the proposal on June 30. According to the regulatory agenda, OSHA intends to issue a final rule in March 2023.

On March 30, 2022, OSHA issued a  proposed rule to restore provisions of the Obama administration’s 2016 Improve Tracking of Workplace Injuries and Illnesses final rule. Under the new proposal, covered establishments with 100 or more employees in certain high-hazard industries—including construction—will be required to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year. In addition, the U.S. Department of Labor plans to share the information on a public website (although indicating it will remove individuals’ names and contact information). ABC submitted comments opposing the proposal on June 30. According to the regulatory agenda, OSHA intends to issue a final rule in March 2023.

Heat Injury and Illness Prevention in Indoor and Outdoor Settings

On Oct. 27, 2021, OSHA issued an  advance notice of proposed rulemaking  on heat injury and illness prevention in indoor and outdoor settings, which  began the process to consider a heat-specific workplace rule. On Jan. 26, 2022, ABC, as a steering committee

Powered Industrial Truck Design Standard Update

On May 17, 2022, ABC, as a steering committee member of CISC submitted  comments to OSHA voicing compliance and cost concerns on the proposed rule on powered industrial trucks design standard update. According to the regulatory agenda, OSHA intended to analyze the comments from the NPRM through December 2022.

On May 17, 2022, ABC, as a steering committee member of CISC submitted  comments to OSHA voicing compliance and cost concerns on the proposed rule on powered industrial trucks design standard update. According to the regulatory agenda, OSHA intended to analyze the comments from the NPRM through December 2022.

In February 2023, OSHA intends to issue a proposed rule to amend the Welding an Cutting Standard in construction to eliminate any perceived ambiguity about the definition of “confined space” that applies to welding activities in construction.

In February 2023, OSHA intends to issue a proposed rule to amend the Welding an Cutting Standard in construction to eliminate any perceived ambiguity about the definition of “confined space” that applies to welding activities in construction.

Worker Walkaround Representative Designation Process

Worker Walkaround Representative Designation Process

Personal Protective Equipment in Construction

Personal Protective Equipment in Construction

The agency was expected to issue a  proposed rule clarifying the requirements for the fit of personal protective equipment in construction in December 2022.

The agency was expected to issue a  proposed rule clarifying the requirements for the fit of personal protective equipment in construction in December 2022.

A proposed rule is targeted for May 2023  to “clarify the right of workers and certified bargaining units to specify a worker or union representative to accompany an OSHA inspector during the inspection process/facility walkaround, regardless of whether the representative is an employee of the employer, if in the judgment of the Compliance Safety and Health Officer such person is reasonably necessary to an effective and thorough physical inspection.”

A proposed rule is targeted for May 2023  to “clarify the right of workers and certified bargaining units to specify a worker or union representative to accompany an OSHA inspector during the inspection process/facility walkaround, regardless of whether the representative is an employee of the employer, if in the judgment of the Compliance Safety and Health Officer such person is reasonably necessary to an effective and thorough physical inspection.”

Occupational Exposure to COVID-19 in Healthcare Settings

Occupational Exposure to COVID-19 in Healthcare Settings

Infectious Diseases

Infectious Diseases

Heat Injury and Illness Prevention in Indoor and Outdoor Settings

On Oct. 27, 2021, OSHA issued an  advance notice of proposed rulemaking  on heat injury and illness prevention in indoor and outdoor settings, which  began the process to consider a heat-specific workplace rule. On Jan. 26, 2022, ABC, as a steering committee

On April 22, 2022, ABC—as a steering committee member of CISC—submitted  comments in response to OSHA’s request for additional comment on its “potential provisions or approaches” to a  final Occupational Exposure to COVID-19 in Healthcare Settings rule. CISC opposes OSHA’s proposal to expand coverage under any promulgated final rule and include certain construction work in health care settings. ABC also submitted  comments on April 22 as a steering committee member of the Coalition for Workplace Safety. The CWS believes unequivocally that OSHA is not permitted to, and must not, issue a permanent

On April 22, 2022, ABC—as a steering committee member of CISC—submitted  comments in response to OSHA’s request for additional comment on its “potential provisions or approaches” to a  final Occupational Exposure to COVID-19 in Healthcare Settings rule. CISC opposes OSHA’s proposal to expand coverage under any promulgated final rule and include certain construction work in health care settings. ABC also submitted  comments on April 22 as a steering committee member of the Coalition for Workplace Safety. The CWS believes unequivocally that OSHA is not permitted to, and must not, issue a permanent

In September 2023, OSHA intends to issue a proposed rule on infectious diseases and examine regulatory alternatives for control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease. The agency listed several workplaces where these control measures might be necessary, including health care, emergency response, correctional facilities, homeless shelters, drug treatment programs and other occupational settings where employees can be at increased risk of exposure.

In September 2023, OSHA intends to issue a proposed rule on infectious diseases and examine regulatory alternatives for control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease. The agency listed several workplaces where these control measures might be necessary, including health care, emergency response, correctional facilities, homeless shelters, drug treatment programs and other occupational settings where employees can be at increased risk of exposure.

NEWS LINE NEWSLINE www.guamcontractors.org JANUARY 2023 CONSTRUCTION NEWS BULLETIN

Wage and Hour Division

Wage and Hour Division

Updating the Davis-Bacon and Related Acts Regulations

Updating the Davis-Bacon and Related Acts Regulations

In February 2023, the DOL’s Wage and Hour Division is expected to issue a final rule “purporting” to update and modernize the regulations implementing the Davis-Bacon Act and Related Acts. On May 17, ABC filed nearly 70 pages of comments opposing the proposed rule, which would reverse prior reforms, expand Davis-Bacon requirements to new industries and activities and increase administrative burdens on federal contractors. ABC also surveyed contractor members to gather insight on the potentially harmful impacts of this proposal and utilized the data gathered in its comments.

In February 2023, the DOL’s Wage and Hour Division is expected to issue a final rule “purporting” to update and modernize the regulations implementing the Davis-Bacon Act and Related Acts. On May 17, ABC filed nearly 70 pages of comments opposing the proposed rule, which would reverse prior reforms, expand Davis-Bacon requirements to new industries and activities and increase administrative burdens on federal contractors. ABC also surveyed contractor members to gather insight on the potentially harmful impacts of this proposal and utilized the data gathered in its comments.

Independent Contractor

Independent Contractor

In May 2023, the WHD is expected to issue a final rule. On Dec. 13, 2022, ABC submitted comments opposing the DOL’s  independent contractor proposed rule, which eliminates the ABC-supported 2021 final rule’s emphasis on two “core” factors—a worker’s control over their work and their opportunity for profit or loss—both of which are paramount in making an independent contractor determination. Instead, the department’s

approach is to restore a “totality-of-the circumstances” analysis of the “economic reality test.” ABC urges the DOL to withdraw the new proposed rule and  retain the ABC-supported current 2021 final rule.

Overtime

approach is to restore a “totality-of-the circumstances” analysis of the “economic reality test.” ABC urges the DOL to withdraw the new proposed rule and  retain the ABC-supported current 2021 final rule.

Overtime

In May 2023, the WHD is expected to issue a proposed rule updating the “overtime” rule. WHD is reviewing the regulations that implement the exemption of bona fide executive, administrative and professional employees from the Fair Labor Standards Act’s minimum wage and overtime requirements. On May 11, ABC, as a steering committee member of the Partnership to Protect Workplace Opportunity, as well as 92 other organizations, sent a letter to Secretary of Labor Marty Walsh urging him to abandon or at least postpone issuing the announced proposed rulemaking.

In May 2023, the WHD is expected to issue a final rule. On Dec. 13, 2022, ABC submitted comments opposing the DOL’s  independent contractor proposed rule, which eliminates the ABC-supported 2021 final rule’s emphasis on two “core” factors—a worker’s control over their work and their opportunity for profit or loss—both of which are paramount in making an independent contractor determination. Instead, the department’s

In May 2023, the WHD is expected to issue a proposed rule updating the “overtime” rule. WHD is reviewing the regulations that implement the exemption of bona fide executive, administrative and professional employees from the Fair Labor Standards Act’s minimum wage and overtime requirements. On May 11, ABC, as a steering committee member of the Partnership to Protect Workplace Opportunity, as well as 92 other organizations, sent a letter to Secretary of Labor Marty Walsh urging him to abandon or at least postpone issuing the announced proposed rulemaking.

revisions to the LM-10 Employer Report form. Employers must file this form with the OLMS to disclose certain payments, expenditures, agreements and arrangements, including the hiring of outside labor relations consultants to help inform their employees regarding union organizing or collective bargaining, known as “persuader activities.” ABC opposed the proposed revision, which would add a checkbox to Form LM-10 requiring employers to report whether they were federal contractors or subcontractors in the prior fiscal year. The proposed revision would also require employers to provide their Unique Entity Identifier and contracting agency or agencies, if applicable.

revisions to the LM-10 Employer Report form. Employers must file this form with the OLMS to disclose certain payments, expenditures, agreements and arrangements, including the hiring of outside labor relations consultants to help inform their employees regarding union organizing or collective bargaining, known as “persuader activities.” ABC opposed the proposed revision, which would add a checkbox to Form LM-10 requiring employers to report whether they were federal contractors or subcontractors in the prior fiscal year. The proposed revision would also require employers to provide their Unique Entity Identifier and contracting agency or agencies, if applicable.

For more information on upcoming DOL rulemakings, see the department’s Fall 2022 Regulatory Agenda.

For more information on upcoming DOL rulemakings, see the department’s Fall 2022 Regulatory Agenda.

Federal Acquisition Regulation Council

Federal Acquisition Regulation Council

Office of Labor-Management Standards

Office of Labor-Management Standards

Form LM-10 Employer Report

Form LM-10 Employer Report

DOL intends to issue a final rule in February 2023. On Oct. 13, 2022, ABC submitted a comment letter to DOL’s Office of Management and Labor Standards regarding its proposed

DOL intends to issue a final rule in February 2023. On Oct. 13, 2022, ABC submitted a comment letter to DOL’s Office of Management and Labor Standards regarding its proposed

Use of Project Labor Agreement for Federal Construction Projects

Use of Project Labor Agreement for Federal Construction Projects

FAR intends to issue a final rule in March 2023. On Oct. 20, 2022, ABC submitted more than 40 pages of comments to the FAR calling on the Biden administration to withdraw a

FAR intends to issue a final rule in March 2023. On Oct. 20, 2022, ABC submitted more than 40 pages of comments to the FAR calling on the Biden administration to withdraw a

controversial proposed rule that would require anti-competitive and inflationary project labor agreements on federal construction contracts of $35 million or more.

ABC’s opposition is joined by more than  50 members of the U.S. Senate and House, 18 Republican governors and a  diverse coalition of construction industry, small business and taxpayer advocates urging the administration to withdraw President Biden’s Feb. 4  Executive Order 14063, the Aug. 19 proposed rule and additional policies promoting PLA mandates on federal and federally assisted construction projects. Government-mandated PLA schemes needlessly increase costs and exacerbate the construction industry’s skilled labor shortage of 650,000 because they exclude almost nine out of 10 of America’s construction workforce from participating in critical infrastructure projects.

Prohibition on the Use of Reverse Auctions for Complex, Specialized or Substantial Design and Construction Services

The U.S. Department of Defense, General Services Administration and NASA are

expected to issue a proposed rule by April 2023 to amend the FAR to implement policies addressing the prohibition on the use of a reverse auction for the award of a contract for complex, specialized or substantial design and construction services. These prohibitions are the result of Public Law 11728, which amended the Consolidated Appropriations Act of 2020, to correct a provision on the prohibition on the use of a reverse auction.

National Labor Relations Board

Joint Employer

A final rule is expected in August 2023.

On Dec. 7, ABC submitted comments to the NLRB urging the board to withdraw the new proposed joint employer rule and retain the current 2020 NLRB final rule,  which provides clear criteria for companies to apply when determining status. In the comments, ABC argued that the new proposed rule will cause great confusion and uncertainty among construction contractors, specifically small business owners. More than 11,000 comments were submitted to the docket. ABC also joined the comments submitted by the ABC-led Coalition for a Democratic Workplace.

Election Protection Rule

A final rule is slated for August 2023. On Nov. 22, the ABC-led CDW requested that the NLRB issue a 30-day extension to the comment period for the board’s new  notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. On Nov. 29, the  NLRB announced it is extending the comment deadline from Jan. 3 to Feb. 2, 2023. ABC will be filing comments opposing the proposed rule.

Additional Rules to Monitor Include:

Environmental Protection Agency

• Revised Definition of “Waters of the United States” Phase 2—Proposed rule, November 2023

Council on Environmental Quality

• National Environmental Policy Act

Implementing Regulations Revisions Phase 2—Proposed rule, January 2023

More information on these and other rulemakings can be found in the Fall 2022 Regulatory Agenda. ABC will continue to provide updates on these and other rulemakings in Newsline.