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From JPCL November 2016


OSHA Retaliation Rule Postponed Again

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©iStockphoto.com/s-c-s
Implementation of a controversial new rule regarding workplace health and retaliation has again been postponed by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).
 
The rescheduling affects portions of the “Improve Tracking of Workplace Injuries and Illnesses Rule.” Originally set for enforcement Aug. 10, and later delayed until Nov. 10, the provisions which, in part, prohibit employers from using drug testing or the threat of drug testing as a form of retaliation, have been delayed a second time. 
 
The anti-retaliation measures are now to go into effect Dec. 1, OSHA has announced. However, the reporting provisions of the rule, which require employers to make all injury and illness data public, are still to take effect Jan. 1, 2017.
 
The delays follow a federal lawsuit, filed by the Associated Builders and Contractors, the National Association of Manufacturers and other groups challenging the provisions and seeking to enjoin the rule’s implementation.
 
OSHA says the second delay was issued at the request of the U.S. District Court for the Northern District of Texas to allow additional time to consider the motion challenging the rule. The previous delay was issued to “allow time for outreach to the regulated community,” OSHA said.
 
“Under the rule, employers are required to inform workers of their right to report work-related injuries and illnesses without fear of retaliation; implement procedures for reporting injuries and illnesses that are reasonable and do not deter workers from reporting; and incorporate the existing statutory prohibition on retaliating against workers for reporting injuries and illnesses,” according to OSHA.
 
One of the main challenges to the rule is that it includes language that restricts some forms of post-accident drug testing. “The final rule does prohibit employers from using drug testing (or the threat of drug testing) as a form of adverse action against employees who report injuries or illnesses,” according to OSHA. “To strike the appropriate balance here, drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.”
 
The language has raised questions as to the types of situations where post-incident drug tests would be unreasonable, as well as how to test for “impairment,” as most current testing methods are unable to test for impairment by alcohol, marijuana and other drugs but rather indicate whether levels are present in the employee’s system at the time of testing, according to an analysis by The National Law Review.
 
Further, those groups challenging the rule’s anti-retaliation provisions say the measures will likely impact an employer’s ability to operate and maintain a safe construction jobsite. The groups also take issue with the agency’s “attempt to restrict or eliminate programs that recognize workers for helping to establish a high-performance safety culture,” said Greg Sizemore, ABC vice president of Health, Safety, Environment and Workforce Development. While the rule does not prohibit incentive programs, OSHA believes programs, such as bonuses or drawings for prizes offered in an effort to encourage workplace safety, result in the significant underreporting of recordable injuries and could be viewed as an act of retaliation. 
“Incentive programs should encourage safe work practices and promote worker participation in safety-related activities,” the agency wrote on its FAQ website.
 
 

Construction Forecast Predicts Lift for 2017

Public works construction, along with most U.S. building sectors, can expect to see a boost in business in the coming year, according to a major new construction forecast that sees a $713 billion year ahead.
Although electric utilities/gas plant projects are expected to decline and multifamily housing will level off, single-family housing, commercial, institutional and public works sectors are in for a positive year, according to the 2017 Dodge Construction Outlook, from Dodge Data & Analytics (formerly McGraw Hill Construction).
 
All told, total U.S. construction starts will advance 5 percent in the coming year, following gains of 11 percent in 2015 and an estimated 1 percent in 2016, the forecast says.
 
“The U.S. construction industry has witnessed signs of deceleration in 2016, following several years of steady growth,” Robert Murray, chief economist for Dodge Data & Analytics said in an announcement. “Total construction starts during the first half of this year lagged behind what was reported in 2015, raising some concern that the current construction expansion may have run its course.” However, Murray notes that the early 2016 shortfall reflected the comparison to “unusually elevated activity” during the first half of 2015, boosted by 13 very large projects valued each at $1 billion or more, such as a $9 billion liquefied natural gas export terminal in Texas and a $2.5 billion office tower in New York City.
 
Public works construction is expected to improve 6 percent, regaining momentum after falling 3 percent in 2016, according to the forecast. Highway and bridge construction are expected to derive support from the new federal transportation bill, while environmental works should benefit from the expected passage of the Water Resources Development Act. Natural gas and oil pipeline projects are expected to stay close to 2016 levels.
 
Following steep declines in 2015 and 2016, manufacturing plant construction will increase 6 percent, according to the forecast. New starts in electric utilities will fall another 29 percent after dropping 26 percent in 2016. The lift that had been present in 2015 from new liquefied natural gas expert terminals continues to dissipate. “Power plant construction, which was supported in 2016 by the extension of investment tax credits, will ease back as new generating capacity comes on line,” said Dodge.
 
“[T]he construction industry has now entered a more mature phase of its expansion, one that is characterized by slower rates of growth than what took place during the 2012-2015 period, but still growth,” Murray said. “Since the construction start statistics will lead the pattern of construction spending, this means that construction spending can be expected to see moderate gains through 2017 and beyond.”
 
 

Williamson Trade School Holds Career Fair; Next Set for Feb. 2017

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Photo courtesy of the Williamson College of Trades.
The Williamson College of the Trades held the first of its two annual career fairs at its Media, Pa. campus on Nov. 9. The next career fair will take place at the school’s Restall Sports Center on Feb. 15, 2017.
 
These events provide opportunities for companies to present information to Williamson students, including those from the school’s Glenn E. Stevick Paint and Coatings Technology Program. This program is designed to teach students the basic knowledge and proper application of protective coating systems, protection of various surfaces and the prevention of corrosion and other surface deterioration.
 
Registration for Williamson’s second career fair is open now until Feb. 1, 2017. Registration costs between $150 and $1,500, depending upon your company’s desired sponsorship level. 
 
Register online at www.williamson.edu/careerfairs. For more information, contact Margaret Kingham, Williamson’s placement director, at mkingham@williamson.edu or 610-566-1776, ext. 247.
 

Tagged categories: Construction; OSHA; OSHA; Regulations; Top of the News


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