LEGAL

The Associated General Contractors of America

Meets With White House on OSHA COVID-19 Testing Mandate

By Subcontractors USA News Provider

Recently, The Associated General Contractors of America (AGC) met with the White House Office of Management and Budget (OMB) to share a host of concerns about the U.S. Occupational Safety & Health Administration’s (OSHA) draft emergency temporary standard (ETS).

OSHA sent the draft ETS—the details of which remain unknown—to OMB for review on October 12, a signal that a final ETS could be issued within a matter of days or weeks. The OSHA ETS will require employers with 100 or more employees to ensure their workers are fully vaccinated against COVID-19 or tested for infection on at least a weekly basis. It should be noted, however, that AGC engaged outside legal counsel weeks ago to provide a legal memorandum that identifies the standards OSHA must meet to justify using the ETS process instead of the normal administrative procedures typically employed. After AGC reviews the final ETS, the association will measure it against its legal memorandum to determine whether a court challenge is warranted and evaluate our chances for success. No legal challenge can be successfully mounted until the ETS is released in final form.

AGC and its members have encouraged voluntary COVID-19 vaccination for their employees since the vaccines became available. The construction industry has proven throughout the pandemic that it can work in a safe and essential manner. OSHA has previously deemed many construction activities as low exposure risks.

For more information and updates, please visit agc.org.

Source: Associated General Contractors of America

LEGAL Progressives and Conservatives Chose Partisanship Over Progress in Decision To Delay Passage of Much-needed Infrastructure Bill

By Subcontractors USA News Provider

The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, issued the following statement in reaction to another delayed vote on the Bipartisan Infrastructure measure in the U.S. House of Representatives:

“It is extremely disappointing that some progressive Democrats and the Republican leadership would again delay passage of a much-needed infrastructure bill. This legislation will provide investments that will make our fragile supply chains more efficient while providing a needed boost to economic growth and employment levels.

“The Republican leadership chose to urge its members to oppose a bill that President Trump would have proudly signed into law. This bill provided the kind of transportation funding the former president championed. As significant, it would have made permanent his One Federal Decision executive order that significantly accelerates federal permitting reviews.

“At the same time, many progressive Democrats opted to vote against the bill because of their ongoing desire to use the measure as leverage to pass a massive, partisan, spending measure that would significantly expand the role of the federal government in many aspects of the economy.

“The American people were counting on Congress to deliver legislation that will make our transportation networks more efficient, keep roads and bridges safe, and expand access to clean drinking water. Sadly, too many members of Congress opted to put partisan politics above the needs of their constituents. The short-term victim may be the President’s legislative agenda, but the longer-term victim is our economy, quality of life and ability to compete in the global marketplace.”

For more information, please visit agc.org.