ABC Supports Joint Employer Bill:

Last week, ABC joined 65 organizations in support of legislation introduced by Sen. Marshall and Rep. Comer, the Save Local Business Act, that would clarify the joint employer standard. ABC was also quoted in the press release for the bill, stating:

“Efforts by Democrats in Congress and the White House to redefine and expand the joint employer standard under the dangerous PRO Act (S. 420/H.R. 842) would disrupt hundreds of thousands of business operations throughout the country and threaten the ability of America’s workers to achieve the American dream of owning their own business. ABC thanks Senator Marshall and Rep. Comer for introducing this critical legislation to ensure stability in the economy and help contractors and subcontractors across the country recover from the COVID-19 pandemic. We support the Save Local Business Act and urge Congress to act swiftly to pass it,” said Kristen Swearingen, Vice President of Legislative & Political Affairs, Associated Builders and Contractors.

DOL Seeks Nominees for Re-established Apprenticeship Committee

On May 4, the U.S. Department of Labor issued a notice re-establishing the Advisory Committee on Apprenticeship and calling for membership nominations. According to a DOL news release, the ACA will include a diverse set of stakeholders from across the nation – including unions, employers, apprentices, community colleges and other institutions – to build a Registered Apprenticeship Program that works in all communities. The deadline to submit nominations is June 3, 2021. ABC National will nominate Vice President of Health, Safety, Environment and Workforce Development Greg Sizemore to serve on the committee.

Additionally, the DOL will host a public webinar on May 20 from 11-12 p.m. ET to provide stakeholders and interested parties with an overview of the structure and work of the ACA, the Departmental goals around diversity and balance for the Committee, and to answer questions from individuals interesting in applying, or nominating someone to serve on the ACA.

Interested parties can register for the webinar here; registration for this event is limited and seating is on a first-come, first-served basis.


ABC Urges Revisions to OSHA’s Latest FAQs Regarding COVID-19 Vaccine Adverse Reactions

On May 10, ABC, as a steering committee member of the Construction Industry Safety Coalition, wrote to the U.S. Department of Labor’s Occupational Safety and Health Administration urging it to review and revise its recently issued Frequently Asked Questions on whether employers must record adverse reactions caused by COVID-19 vaccinations that are required and/or recommended by employers. Read more.

Update on ABC Lawsuit Against DOL for Withdrawal of Trump-era Independent Contractor Rule

On May 14,  the Coalition for Workforce Innovation, ABC, ABCSETX  and the Financial Services Institute filed an Amended Complaint challenging the U.S. Department of Labor’s unlawful withdrawal of the Independent Contractor Rule. The Department’s hasty and unjustified action violates the Administrative Procedure Act, compounding a violation that began when the Department improperly delayed the effective date of the Rule in March. Read the joint statement.


OSHA Draft COVID-19 Emergency Temporary Standard Still at OMB for Review

On April 27, the U.S. Department of Labor’s Occupational Health and Safety Administration sent a draft OSHA COVID-19 Emergency Temporary Standard to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The review at OIRA is usually the final step in the process before a rule is officially published. At this time, neither OIRA nor DOL have made the content of the ETS public. Stakeholder meetings at OMB are now scheduled through May 24, so ABC staff does not expect the ETS to be officially published before that date.