Industry Unemployment Hits Highest November Level since 2012 as Sluggish Nonresidential Building and Infrastructure Construction Lags, While Residential Employment Nears Pre-Pandemic Peak
Aerosol Cans, Lead Paint (English and Spanish), and Process Wastewater
The Construction Industry Compliance Assistance Center (the CICA Center) has updated its information on the Aerosol Can Universal Waste rule, the Lead Renovation, Repair and Painting program, and process water. Supported by the U.S. Environmental Protection Agency, the CICA Center provides “plain language” resources on federal and state environmental requirements pertaining to construction activities. ԹϺ recommends the center as a resource for members and has contributed content to the site. Check out the recent changes below.
On November 23, the U.S. Department of Transportation (U.S. DOT) issued a proposal to update its procedures for implementing the National Environmental Policy Act (NEPA). ԹϺ is currently reviewing the proposal to prepare a response ahead of the December 23, 2020 deadline for public comment. The revision to U.S. DOT’s implementing rules is necessary to align with the new, over-arching NEPA regulation that took effect in September of this year. Furthermore, the proposal incorporates environmental review requirements from recent bipartisan infrastructure legislation: SAFETEA-LU, MAP-21, and the FAST Act.
On November 27, the U.S. Fish and Wildlife Service released for 30 day public comment the final Environmental Impact Statement (EIS) associated with the new Migratory Bird Treaty Act (MBTA) rulemaking. The final EIS is available for public review for 30 days, after which the Service will issue a Record of Decision. The new, ԹϺ-supported MBTA rule is undergoing review at the Office of Management and Budget and is expected to be final around the new year. Contractors employ multiple strategies to avoid migratory birds on projects; however, following the law does not reduce risk should an "incidental take" occur.
On November 13, 2020, ԹϺ submitted comments generally supportive of recently proposed revisions to the Nationwide Permits (NWP). The U.S. Army Corps of Engineers proposal included revisions to several NWPs, including modifications to the thresholds for streambed loss for certain permits, establishment of a new mitigation requirement, and clarifications to the pre-construction notification process. The Corps also intends to reissue the entire suite of NWPs for a new five-year cycle on an earlier timeframe (they are currently set to expire in 2022).
As of November 30, contractors working in the state of California are required to have a written COVID-19 Prevention Plan. Modeled off the Injury and Illness Prevention Program required of all California employers, the emergency temporary standard requires a written plan that addresses hazard identification, evaluation and correction, investigation, training, physical distancing, face coverings, and other engineering and administrative controls.
On December 3, ԹϺ, along with 564 trade associations, called on Congress to pass legislation reversing IRS policy that turns promised, tax-free PPP loan forgiveness into a taxable event. The effect of this is to tax a business’s PPP loan forgiveness up to 37 percent. ԹϺ is very engaged in exhorting Congress to include legislation to overturn the IRS Notice in any end of year tax or spending package, and we will continue to provide updates to members.
OFCCP recently announce the release of its new technical assistance guide for small contractors. The guide provides compliance assistance regarding equal employment opportunity obligations for small federal supply and service, construction contractors and subcontractors, as well as and federally assisted construction contractors and subcontractors. The agency considers contractors’ sizes when developing its requirements to consider the burdens on small contractors.
Houston-The Woodlands-Sugar Land and Brockton-Bridgewater-Easton, Mass. Have Worst 12-Month Losses, While Dallas-Plano-Irving, Texas and Walla Walla, Wash. Lead in Construction Job Increases