On January 21, President Biden issued an executive order (EO) calling on Occupational Safety and Health Administration (OSHA) to issue revised COVID-19 guidance to employers by February 4. In addition to issuing revised guidance, OSHA must consider if an emergency temporary standard (ETS) is necessary, including the necessity for masks in the workplace. If an ETS is deemed necessary—which AGC expects OSHA to do—the agency must issue the standard by March 15. The EO further directs OSHA to launch a national emphasis program (NEP) to focus enforcement efforts on COVID-19 violations in workplaces that place large numbers of workers at risk and to respond to any retaliatory practices undertaken by employers, work with state OSHA plans to ensure that workers in those states are equally protected consistent with OSHA’s guidance and ETS, and to conduct outreach campaigns to inform workers of their rights. In addition, the EO puts forth a similar process for a COVID-19 ETS to be considered and issued by the Mine Safety and Health Administration (MSHA) as soon as practicable. AGC is engaging with these agencies to ensure the construction industries’ concerns are addressed.

Regulatory Implementation Will Not Occur Overnight

On Dec. 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized its penalty rule that increased the maximum civil penalties per violation of an environmental statute or agency regulation. These annual adjustments are required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. Below are the new penalty maximum levels to account for inflation. In practice, fines tend to track the perceived or actual economic benefit derived from the violation(s) – consistent with applicable EPA penalty policies.

Texas and Vermont Have Worst February-December Losses While Virginia and Alabama Add the Most; Arizona, Delaware Have Worst One-Month Job Losses As California, New Hampshire Top Other States

2020 was a rough year for networking events. After the CLC of Middle Tennessee’s “Ugly Christmas Mask” holiday event was cancelled due to city health regulations, they thought they were done for the year. But then the call came from the Ronald McDonald House of Nashville. The staff at the Ronald McDonald House of Nashville wanted to “Light up the House” for the holiday season. These families were under an extremely strict quarantine with their children in local hospitals. The staff wanted to bring some extra holiday cheer to their hearts. They immediately called the Construction Leadership Council and asked if volunteers would come out and decorate the main entrance of the House with family friendly holiday décor. CLC happily partnered with them, Lumenate, and the local News Channel 2 to help raise money and decorate the House.

Despite restrictions to in-person gatherings during the 2020 holiday season, the General Building Contractors Association’s (GBCA) Construction Leadership Council (CLC) still found a way to support Philadelphians in need and provide some much-needed holiday spirit. In 2020, the CLC moved its holiday fundraising activities predominantly online.

Jolsna Thomas has over 14 years of experience in the construction industry originally focused on the law and then she branched into the areas of business development, marketing, sales, and nonprofit work. Thomas serves as Business Development Manager for Rosendin Electric, Inc., one of the largest employee-owned electrical contractors in the United States. In addition to leading Business Development efforts in Texas, she serves on Rosendin’s Diversity, Equity, & Inclusion Committee and is President of The Rosendin Foundation, its 501(c)(3) charitable foundation. Thomas serves on the AGC of America Business Development Forum Steering Committee as well on the board of directors for the Real Estate Council of Austin, Austin Convention Enterprises, Inc., and South Asian Bar Association of Austin.

On January 20, President Biden signed several executive orders to start work on his campaign promises to take steps on climate change and environmental justice as well as heighten enforcement. The transition team circulated a list of regulations to review include many that AGC has advocated on in recent years, such as waters of the United States (WOTUS), species concerns, and streamlining of federal reviews and approvals. This review process will take time and in some cases years to occur; and AGC will continue to stay engaged. As is commonly done, the Biden Administration initiated an immediate freeze on all federal rulemakings that are underway and called for a delay of final rules that have not yet gone into effect.

On January 20, President Biden released a legislative proposal to reform the nation’s immigration system. The proposal is separate from presidential actions halting construction of the southern border wall or preserving and fortifying Deferred Action for Childhood Arrivals (DACA). The legislative reform proposal would create a path to citizenship for the estimated 11 million undocumented individuals through a multi-year process if individuals pay taxes, pass background checks, and meet other requirements. Other individuals, such as those in the Deferred Action for Childhood Arrivals (DACA) Program and Temporary Protected Status (TPS) holders, could receive permanent status immediately. Extending long-term legal certainty to DACA and TPS has long been a priority of AGC, as more than 100,000 individuals in those programs are estimated to be working in the construction industry today. Despite AGC and others advocating for comprehensive immigration reform over the past two decades, those efforts have been stymied under both Republican and Democratic administrations. AGC looks forward to working with Congress on immigration reform that strengthens national security, functions efficiently and fairly, and addresses future workforce needs.

Pres. Biden has revoked Pres. Trump’s controversial executive order on diversity and inclusion training. The order, Executive Order 13950, placed restrictions on the content that federal contractors, grantees, and agencies, as well as the military, could cover in employee training. AGC and other stakeholders in the business community called on Pres. Trump to withdraw the confusing order last October. In December, a federal court issued a nationwide preliminary injunction temporarily halting implementation of the restrictions on federal contractors and grantees.