Constructor - January/February 2018 - 21

note when you hit three days of sick leave.
A lot of people can get sick the day before
the fourth of July. If you're a construction
company with subcontractors on the job
and you're trying to hit a schedule, you
have to assume that a certain percentage
of your employees are going to be sick
before a holiday weekend."
"At federa l level," ex pla ins
Christianson, "we want the Trump
administration to rescind the Obama
executive order, or at minimum, exempt
the construction industry because it is
unique and has a different structure than
traditional office work. However, the
administration is moving forward with
cementing the rule, and from all indications, has no interest in rolling it back.
There are also discussions of federally
pre-empting all the municipal and state
rules to simplify sick leave procedures."

6

DRUG TESTING
As part of the electronic injury and
illness record-keeping rule finalized in
May 2016, OSHA implemented what they
call anti-retaliatory provisions. Some

@Constr uctor
832146_International.indd
1 Ma g

employers had a policy of drug and
alcohol testing anyone who reported a
workplace injury. The administration was
concerned that employers were using
drug testing to retaliate against injured
employees, or scare them out of reporting injuries.
AGC opposes this rule, and has laid
out the contractors' position to OSHA.
According to Cannon, the agency's position is that drug tests reveal the use of
drugs, but do not measure a level of
impairment, so they cannot prove that the
individual was impaired. "Our position,"
he says, "is that we strongly support a
drug- and alcohol-free workplace."
"It's an unfortunate reality," adds
Christianson, "that there are people in
the construction industry that use or
abuse drugs or alcohol. If you're operating a crane and you're high on PCP, you
might drop a load and kill people. There
is a legitimate need for employers to be
able to use drug testing to determine if
drugs or alcohol may have played a role,
but also to discourage the use of drugs
and alcohol."

J A N U4:20
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07/09/16

This anti-retaliation provision is in
effect. "We're trying to work through the
guidance," says Christianson, "to make
it clearer as to when contractor can test
post-injury and when they cannot."
Cannon adds that while AGC is not currently engaged in efforts to modify this
rule, OSHA has suggested that there will
be a future proposal to revise the rule,
and AGC will engage in that next round
of discussion.

THE FUTURE
Should contractors worry about more
regulations coming from the federal government? Christianson thinks not. "Fear of
anything new coming out now is very low."
AGC continues to work with all three
branches of the federal government on
behalf of its members. "We've testified
before Senate and House at least half
a dozen times this year," Christianson
continues. "AGC utilizes all the avenues to
fight for its members on these issues: on
Capitol Hill, with the agencies of the executive branch, and in the courts, because
you can't leave any stone unturned." ◆

2 0 1 8 | www.constructormagazine.com
09/11/1721
1:37 am


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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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