Constructor - January/February 2018 - 20

cannot reasonably meet that standard
consistently. Complying with that PEL
is a challenge, and the only option is to
provide respiratory protection. Many of
our contractors have never had to deal
with that before."
AGC is seeking reform of another
aspect of the rule that concerns medical
testing and record-keeping. "If someone
wears a respirator for 30 days - for any
part of the day, 30 seconds or 24 hours
- you have to go through medical testing. The contractor has to provide that
medical testing, and has to keep those
employee records for 30 years."
AGC is currently in federal court challenging the rule, while continuing to
engage with OSHA to seek rescission
or revision of this rule. However, it is
currently the law, and contractors need
to comply with it. In a recent bulletin,
AGC warns, "construction contractors
should not rely on politicians' promises
when it comes to deciding how their
companies comply with the law. The
answer is simple; your company must
comply or otherwise risk the penalties
for violations."

2

believes that the lawful labor relations
policies and practices of private construction contractors should not be a
factor in a government agency's selection process.
AGC is asking the Trump administration to rescind the Obama administration's PLA executive order and replace it
with George W. Bush's executive order
on PLAs, which took a governmentneutral position.

3

In 2009, President Obama issued
an executive order encouraging federal agencies to solicit construction
projects of more than $25 million using
project labor agreements, agreements
between a union and the general contractor of terms for paying workers, nostrike clauses, and more. AGC opposes
government-mandated project labor
agreements that this executive order
encourages. That stated, the association is committed to free and open competition for publicly funded work, and

WATERS OF THE
UNITED STATES
Waters of the United States (WOTUS)
is an Obama-era rule that extends federal
control to some wetlands and waterways
previously not subject to federal jurisdiction. Construction near any waters
that fall under federal jurisdiction may
require a federal dredge-and-fill permit
(known as a 404 permit). The U.S. Army
Corps of Engineers (USACE) determines
if the project is near enough to require
a 404 permit.
According to Christianson, that can
sometimes delay a project for years. "The
average time it takes USACE to produce a
404 permit is 700 days." The new rules
even apply to some intermittent streams.
"Even if it's wet for two days a year,"
says Christianson, "it may fall under
federal jurisdiction under this rule."
AGC's advocacy on this issue dovetails with the organization's broader
push on reforming the environmental
review process (see #4).

PROJECT LABOR AGREEMENTS

4

suggests Christianson. "There are many
things that can be done in the existing
process that do not shortchange environmental review, but help get it done
in a more efficient manner."
For instance, a complete National
Environmental Protection Act (NEPA)
process - where multiple agencies have
to review a construction project - can
take over 1,600 days on average. The
NEPA process is merely one in a morass
of dozens of environmental laws that
require agencies to review the various
environmental impacts of a construction process. Many of these laws require
similar reviews and agency permissions, but are replicated throughout
the process.
"We're looking for opportunities to
remove duplication in those processes,"
says Christianson, "and have more concurrent review rather than sequential
review."
This includes asking for concurrent
NEPA review and 404 permitting under
WOTUS so that, when NEPA review is
complete, you also have you 404 permit
ready.

ENVIRONMENTAL REVIEW
AND STREAMLINING
"There are a lot of people in the federal government who want the federal
government to operate more efficiently,"

5

PAID SICK LEAVE
Under the current federal rule, workers may take up to seven days (56 hours)
of paid sick leave per year.
This rule presents a number of problems. State and local sick leave laws
vary widely, forcing some employers
to track three different sick leave calculations. "Contractors end up picking
the most onerous sick leave rule and
applying that across the board," relates
Christianson.
Moreover, he believes the rule is
widely abused. "You only need a doctor's

The association is committed to free and open competition for publicly funded
work, and believes that the lawful labor relations policies and practices of
private construction contractors should not be a factor in a government
agency's selection process.

20 constructor | JAN U ARY/ FEBRU ARY 2018



Table of Contents for the Digital Edition of Constructor - January/February 2018

Editor’s Note
President’s Message
CEO’s Letter
Come for the Puppies, Stay for the Mission
Simonson Says
2018 Regulatory Update: AGC Leaves No Stone Unturned
De-Constructing Delays and Disruptions: Task Force Tackles an Ever-Increasing Problem
Workforce Development Is Priority One
Going Up
Technology Toolbox
Improving Safety With Building Information Modeling Technology
Book Shelf
The 99th Annual AGC Convention: Celebrating 100 Years of Construction
Member and Chapter News
Overcoming Permit Delays
2018 Service & Supply Buyers’ Guide – a Special Advertising Section
Products & Services Marketplace
Index to Advertisers
Constructor - January/February 2018 - Intro
Constructor - January/February 2018 - cover1
Constructor - January/February 2018 - cover2
Constructor - January/February 2018 - 3
Constructor - January/February 2018 - 4
Constructor - January/February 2018 - 5
Constructor - January/February 2018 - 6
Constructor - January/February 2018 - Editor’s Note
Constructor - January/February 2018 - 8
Constructor - January/February 2018 - President’s Message
Constructor - January/February 2018 - 10
Constructor - January/February 2018 - CEO’s Letter
Constructor - January/February 2018 - Come for the Puppies, Stay for the Mission
Constructor - January/February 2018 - 13
Constructor - January/February 2018 - 14
Constructor - January/February 2018 - 15
Constructor - January/February 2018 - 16
Constructor - January/February 2018 - Simonson Says
Constructor - January/February 2018 - 18
Constructor - January/February 2018 - 2018 Regulatory Update: AGC Leaves No Stone Unturned
Constructor - January/February 2018 - 20
Constructor - January/February 2018 - 21
Constructor - January/February 2018 - 22
Constructor - January/February 2018 - 23
Constructor - January/February 2018 - 24
Constructor - January/February 2018 - De-Constructing Delays and Disruptions: Task Force Tackles an Ever-Increasing Problem
Constructor - January/February 2018 - 26
Constructor - January/February 2018 - Workforce Development Is Priority One
Constructor - January/February 2018 - Going Up
Constructor - January/February 2018 - 29
Constructor - January/February 2018 - 30
Constructor - January/February 2018 - 31
Constructor - January/February 2018 - 32
Constructor - January/February 2018 - 33
Constructor - January/February 2018 - 34
Constructor - January/February 2018 - Technology Toolbox
Constructor - January/February 2018 - Improving Safety With Building Information Modeling Technology
Constructor - January/February 2018 - 37
Constructor - January/February 2018 - 38
Constructor - January/February 2018 - 39
Constructor - January/February 2018 - 40
Constructor - January/February 2018 - Book Shelf
Constructor - January/February 2018 - 42
Constructor - January/February 2018 - The 99th Annual AGC Convention: Celebrating 100 Years of Construction
Constructor - January/February 2018 - 44
Constructor - January/February 2018 - Member and Chapter News
Constructor - January/February 2018 - Overcoming Permit Delays
Constructor - January/February 2018 - 47
Constructor - January/February 2018 - 48
Constructor - January/February 2018 - 2018 Service & Supply Buyers’ Guide – a Special Advertising Section
Constructor - January/February 2018 - 50
Constructor - January/February 2018 - 51
Constructor - January/February 2018 - 52
Constructor - January/February 2018 - 53
Constructor - January/February 2018 - 54
Constructor - January/February 2018 - 55
Constructor - January/February 2018 - 56
Constructor - January/February 2018 - 57
Constructor - January/February 2018 - 58
Constructor - January/February 2018 - 59
Constructor - January/February 2018 - 60
Constructor - January/February 2018 - 61
Constructor - January/February 2018 - 62
Constructor - January/February 2018 - 63
Constructor - January/February 2018 - 64
Constructor - January/February 2018 - 65
Constructor - January/February 2018 - 66
Constructor - January/February 2018 - 67
Constructor - January/February 2018 - Products & Services Marketplace
Constructor - January/February 2018 - 69
Constructor - January/February 2018 - Index to Advertisers
Constructor - January/February 2018 - cover3
Constructor - January/February 2018 - cover4
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