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Learn more at July 20-22 virtual conference, free to �鶹��ý members The U.S. Environmental Protection Agency (EPA) has proposed an update to its National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) covering stormwater discharges from construction activities. EPA has also released a proposed 2022 CGP Fact Sheet, which includes a summary table of some of the changes. Forty-seven states use EPA’s permit as a model for their own permits, so its impact extends beyond the three states (New Hampshire, New Mexico, and Massachusetts), territories and other areas that use it exclusively.

Texas and Louisiana Have Worst Job Losses Since February 2020, While Utah and Idaho Top Gainers; Illinois and New Hampshire Add the Most in April, as Texas and Iowa Posts Biggest Monthly Losses

On May 20, the Federal Highway Administration (FHWA) released a new initiative to permit, on an experimental basis, contractors to utilize geographic, economic, or other hiring preferences on federal-aid highway projects. This “local hire” initiative will be carried out as a pilot program for a period of 4 years (unless extended) under FHWA’s existing experimental contracting authority. �鶹��ý is broadly opposed to local hire preference policies. After yesterday’s pilot program release, �鶹��ý CEO Steve Sandherr stated, in part: “[T]he problem with local hire programs, however, is that they solve the symptom and not the problem...too many communities have defunded their career and technical education programs and as a result there are often too few local workers with any interest in construction careers or basic skills that would make them qualified to be hired.”

In late April, the Occupational Safety and Health Administration (OSHA) issued updated COVID-19 FAQs related to contractor vaccine policies. Consistent with the Center for Disease Control and Prevention (CDC) messaging, contractors have been recommending—and in some instances mandating—employees receive the vaccine. OSHA’s new interpretation of recordability stemming from adverse reactions to the COVID-19 vaccine when contractors mandate employees take the vaccine, or simply recommend it, has the potential to deter vaccination efforts. �鶹��ý is not opposing the requirement for contractors that—at their own discretion—mandate employee vaccination to record adverse reactions on their OSHA 300 Log. However, �鶹��ý is concerned when construction owners or clients pass the mandate down to contractors to vaccinate their employees.

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) finalized its recent proposal to officially withdraw a Trump administration final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The previous final rule originally was to be effective on March 8, 2021. However, a recent proposal delayed that date to allow the agency “the opportunity to review and consider the questions of law, policy, and fact raised by the rule[s]."

Government- Mandated Project Labor Agreements & Local Hire Requirements

U.S. Treasury Outlines How States Can Spend $350 Billion State & Local Government COVID-Relief

On May 10, �鶹��ý filed a Freedom of Information Act request in response to SBA’s delayed decision-making process of the Paycheck Protection Program (PPP) loans as �鶹��ý members report they have already waited many months for SBA to act on forgiveness applications for loans over $2 million. SBA continues to hide the difference in the time it requires to process applications for the forgiveness of loans over and under $2M. �鶹��ý has learned that SBA has a third-party vendor playing an apparently significant but uncertain role in the processing these applications. While SBA has clarified that it will base its decisions on a “multi-factor analysis” of the “totality of [each] borrower’s circumstances,” the agency has yet to publicly disclose the particulars of that analysis, such as the factors that it weighs, or how it weighs them. As �鶹��ý waits for SBA’s response, the association will continue to talk to the agency about the potential for a settlement of its lawsuit filed last December.

Earlier this week, �鶹��ý filed a Freedom of Information Act (FOIA), in response to SBA’s delayed decision-making process of the PPP loans as members report they have already waited many months for SBA to act on their applications for the forgiveness of loans over $2M. SBA continues to hide the difference in the time it requires to process applications for the forgiveness of loans over and under $2M. �鶹��ý has learned that a private company is playing an apparently significant but uncertain role in the processing of applications for the forgiveness of loans over $2M.