The construction industry gained 22,000 jobs between August and September as nonresidential construction firms added employees for the first time in six months, according to an analysis by the Associated General Contractors of America of government data released today. Association officials said nonresidential construction has been affected by the widespread supply chain problems, which are causing owners already uncertain about future demand for commercial space to delay or even cancel some projects.

The construction industry gained 22,000 jobs between August and September as nonresidential construction firms added employees for the first time in six months, according to an analysis by the Associated General Contractors of America of government data released today. Association officials said nonresidential construction has been affected by the widespread supply chain problems, which are causing owners already uncertain about future demand for commercial space to delay or even cancel some projects.

Updates, AGC Survey, and AGC WebEd

Atmore’s Rolin Construction was named as the 2021 Diverse Business of the Year award winner by the Associated General Contractors of America, association officials announced today. The association also awarded Diversity and Inclusion Excellence Awards, sponsored by Willis Towers Watson, to Austin Commercial, Gilbane Building Company, KAI Enterprises, Trinity Subsurface, LLC, Hilti North America, and the Nevada Contractors Association.

Total construction spending was flat between July and August, as a decrease in nonresidential projects offset continuing gains in residential construction, according to a new analysis of federal construction spending data the Associated General Contractors of America released today. Officials urged the House of Representatives to promptly approve the bipartisan infrastructure bill that passed in the Senate earlier this year, noting that spending on infrastructure in the first eight months of 2021 declined from year-earlier levels.

The US Department of Labor, Wage and Hour Division published a new resource for stakeholders in the construction contracting community: the Davis-Bacon Wage Determination Conformance Request Guide. The guide details the information and construction types contained in wage determinations and provides additional clarity regarding the limited circumstances in which contractors and contracting agencies may need to request a new class of laborer or mechanic be added to a published wage determination for a specific contract. For AGC DBRA resources, visit AGC’s Labor & HR Topical Resources library and select “Wages and Benefits” as the main category and “Davis-Bacon Act” as the subcategory. You must be logged in as an AGC member to access the materials.

AGC continues to wait for more information from OSHA on an emergency temporary standard (ETS) expected to require employers with 100 or more employees to ensure their workers are fully vaccinated against COVID-19 or tested for infection on least a weekly basis. There is little clarity as to exactly when agency will formally issue this ETS testing mandate or when it will take effect. AGC has also retained outside legal counsel—and is asking some of the brightest legal minds within the industry—to help it review its legal options. Previously, AGC conveyed its serious reservations about such an ETS. The association 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.

On Sept. 24, the Safer Federal Workplace Task Force issued guidance on the president’s executive order calling for a broad vaccination mandate for direct federal contractors. The guidance raises many questions without clear answers, including but not limited to how the mandate will be enforced and employer liabilities stemming from the mandate; the precise (but clearly broad) applicability of the mandate to federal contractors’ employees (whether or not they are working directly on a federal project); and whether there will be provisions for testing employees who do not receive exemptions for medical or religious reasons. AGC has retained outside legal counsel—and is asking some of the brightest legal minds within the industry—to help it review its legal options. AGC cannot, however, complete its review until the FAR Council issues a contract clause, which would, unlike recent guidance, be legally binding. The association has directly spoken with the White House Office of Management and Budget, and key federal construction owner agencies to explain the significant disruptions this mandate will cause the construction of federal projects, among other things.

Linbeck Group was honored for having the nation’s best construction safety and wellness plan in 2020 by the Associated General Contractors of America. The association, which oversees the Willis Towers Watson Construction Safety Excellence Awards, an annual ranking of construction safety programs, noted that 43 other companies were also selected as winners for the quality of their safety programs.