On August 21, ż raised concerns with proposed changes to rules that govern the implementation of the Endangered Species Act (ESA) such as the designation of critical habitat (ż comment letter) and the interagency consultations (ż comment letter) that are part of the approval process for projects that involve federal permits or funding. The proposed revisions reverse reforms made by the prior administration to streamline the process, change key definitions and concepts, and introduce additional requirements, for example to offset any impacts that cannot be avoided through the “reasonable and prudent measures” (RPMs) that project proponents currently employ.
A growing number of state and local governments have adopted wage theft laws that aim to ensure employees receive full compensation by creating severe penalties. These laws often target the construction industry and impose significant penalties for employers who “misclassify” workers or fail to comply with expanded recordkeeping and notice requirements. Wage theft laws can make general contractors liable for their subcontractors’ or temporary labor brokers’ violations, even if these violations were not reasonably discoverable by the general contractor. Consequences for violating wage theft law can be severe, including fines and even criminal penalties in extreme cases. Some states have upstream liability provisions that can make the project owner liable for wage theft violations. Also, some wage theft laws negate the enforceability of specific contract provisions, while others require certain provisions to be included in contracts.
According to the Bureau of Labor Statistics (BLS), over the past 10 years, at least, an average of 346 workers were killed from falls, slips, and trips, and nonfatal injuries and illnesses that resulted from falls, slips, and trips occurred at a rate of 31.4 per 10,000 full-time workers in 2020. Moreover, fall protection violations continue to be among the most cited standards in the construction industry, consistently topping the list of OSHA’s most frequently cited violations.
Every year, during September — National Suicide Prevention Month — the construction industry dedicates a week to raising awareness about the high number of suicides in the industry, and to provide resources to help prevent those deaths.
On August 30, the Occupational Safety and Health Administration (OSHA) issued a proposal to amend its regulation authorizing which individuals can serve as representatives of employees and employers during the physical inspection of a workplace. OSHA’s stated purpose is to clarify the right of workers and certified bargaining units to specify a worker or union representative regardless of whether the representative is an employee of the employer, even in the absence of a recognized collective bargaining agreement.
ż’s volunteers are valued members who work to address industry issues, exchange ideas, and lead change to advance the industry. You and your colleagues are invited to take the next step in your ż journey and join the volunteer pool. Complete or update the volunteer tab in your member profile by October 1 to let us know what volunteer opportunities you are interested in—such as ż’s Environmental Committee. Beginning in 2024, there are both longer-term committee volunteer positions and shorter-term volunteer opportunities available. Make the time commitment that works for you.
Revised rule continues to follow principles rejected by the U.S. Supreme Court