SENATE PASSES FAIR PAY ACT WITHOUT PLA AMENDMENT:The U.S. Senate Jan. 22 voted 59-38 to pass the Lilly Ledbetter Fair Pay Act of 2009 (S. 181), which effectively eliminates the statute of limitations to sue an employer for pay discrimination, without an amendment supported by ABC that would have forbidden union-only project labor agreements (PLA) on federal or federally funded projects.  The Vitter Amendment, introduced by Sen. David Vitter (R-LA) and defeated in the Senate, would have codified former President Bush’s executive order 13202, which prohibits executive agencies from requiring bidders or contractors to adhere to PLAs, and from discriminating against bidders for declining to adhere to such agreements, into law. The vote marked the first straight PLA vote in Congress in over a decade.  

“Congress must ensure federal and federally funded infrastructure projects paid for by taxpayers are administered in a manner that is free from favoritism and discrimination while efficiently spending federal tax dollars,” ABC stated in a letter sent before the vote to members of the U.S. Senate expressing support for the amendment. “These interests would not be served if Congress were to require union-only requirements, commonly known as union-only PLAs, on federal construction projects. The Vitter Amendment would protect taxpayers from costly and discriminatory union-only PLA requirements on federal construction contracts.” 

The Lilly Ledbetter Fair Pay Act of 2009 establishes a six-month statute of limitations for individuals to sue their employers for pay discrimination. The six-month period dates from the time the employee receives their last paycheck, effectively resetting the clock on the statute of limitations with each paycheck.  Previously, the six-month period dated from the time the individual was first paid the employer.                                                                   

ABC URGES MORE CLARITY FURTHER REVISIONS TO PROPOSED CRANE SAFETY RULE:ABC Jan. 22 filed comments with the U.S. Occupational Safety and Health Administration (OSHA), expressing general support for a proposed rule that will update the existing 40-year-old safety standards for cranes and derricks in construction and offering improvements.  The proposed rule would take into account technological changes and updates to voluntary consensus standards that the industry has developed since the regulations were last revised.  ABC commended OSHA for beginning the process to update the safety standards but suggested that OSHA revise parts of the proposed rule and improve sections that are incomplete or confusing.

“ABC and its members are strong proponents of workplace safety, including crane and derrick safety,” the comments stated.  However, there are “a number of areas within the proposed regulatory text that are either incomplete or that fail to provide the level of clarity that is warranted and, as such, undermine the achievement of safety that the Notice of Proposed Rulemaking intends,” ABC pointed out.  Specifically, ABC disagreed with OSHA’s proposals on employer liability for non-compliance with the recommendations of equipment manufacturers, and the regulation of “controlling entities” on construction sites.  In addition, ABC suggested OSHA revise the operator certification requirements to be less broad.  ABC provided recommendations on how the existing regulatory text could be revised to better achieve OSHA’s objective of safe crane and derrick operations. 

OSHA UPDATE:On January 12, 2009, the new OSHA rule on personal protective equipment became effective.  The final rule was published in the Federal Register on December 12, 2008 and amends prior regulations to “make it unmistakably clear that each covered employee is required to receive PPE and training, and that each instance when an employee subject to a PPE or training requirement does not receive the required PPE or training may be considered a separate violation subject to a separate penalty.”  The rule is primarily the result of a decision by the OSHRC involving a Houston contractor who hired 11 undocumented Mexican workers to handle asbestos but failed to provide them with respirators.  The OSHRC and the United States Court of Appeals for the Fifth Circuit found that OSHA did not have the authority to charge employers with per-employee citations.  In issuing the new rule, the Secretary of Labor concludes that the OSHRC analysis is incorrect.  The proposed rule on PPE was opposed by the U.S. Chamber of Commerce, the National Association of Home Builders and ABC.  OSHA did make a change in the proposed rule proposed by the AFL-CIO which had complained that the proposed rule was too specific concerning respirators and that the language should be expanded to include other types of PPE such as foot, hand and eye protection.  OSHA added the words “and other types of PPE” after the word “respirators” in the final rule.  It is not clear at this point whether any industry associations will file a legal challenge to the final rule, but until the rule is rescinded or modified, construction industry employers can avoid any per-employee citations by taking steps to ensure that any covered employee receives PPE and training concerning the use of PPE.                            By Bill Harding, Chapter Attorney

*******************EXCELLENCE IN CONSTRUCTION*****************

February 10, 2009

Embassy Suites Hotel

1040 P Street

Lincoln, NE

If you haven’t made your reservations to attend the premier event of the year, do so today by calling

 402-477-4451.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Training Classes

Management & Safety Class Schedule

First Aid/CPR Classes

$50.00 each attendee – Member Price/$60.00 each attendee – Non-Member

Recertification only - $40.00 each attendee – Member Price/$50.00 each attendee – Non-Member Price

¨  February 11, 2009 – 1:00 – 5:00 p.m. – LINCOLN

¨  February 25, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  February 26, 2009 – 7:00 – 11:00 a.m. – LINCOLN

¨  March 5, 2009 – 1:00 – 5:00p.m. – LINCOLN

¨  March 12, 2009 – 1:00 – 5:00 p.m. – OMAHA

¨  March 18, 2009 – 1:00 – 5:00 p.m. – KEARNEY

¨  March 24, 2009 – 7:00 – 11:00 a.m. – LINCOLN

¨  March 26, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  April 1, 2009 – 7:00 – 11:00 a.m. - OMAHA 

OSHA 10 Hour Class

OSHA requires a competent person on all job sites.  This course ensures that your people have the necessary training to comply with OSHA standards CFR 1926.32(f) for a competent person. Training includes OSHA Construction Standards CFR 29 1926, Scaffolds, Ladders and Stairways, Housekeeping, Personal Tools, Electrical Hazards, Fall Protection, Materials Handling, Hazardous Communications and much more!

**CFR 192 OSHA Regulations Book for the Construction Industry with new steel erection standards will be available for $25.00** each for class participants.

$135.00 each attendee – Member Price/$240.00 each attendee – Non-Member Price

¨  February 17, 2009 – 7:00 – 5:30 p.m. - OMAHA

¨  February 20, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN

¨  February 24, 2009 -  7:00 a.m. – 5:30 p.m. – LINCOLN

¨  March 10, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA

¨  March 12, 2009 – 7:00 a.m. – 5:30 p.m. – LINCOLN

¨  March 19, 2009 – 7:00 a.m. – 5:30 p.m. – KEARNEY

¨  March 25, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA

¨  March 26, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN

¨  April 1, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA

Forklift/All Terrain Training

The OSHA standard 29CFR1926.602(d) requires employees who operate forklifts be trained in both the classroom and through a practical exercise on the type of equipment that they will be running in the field.

$125.00 each attendee – Member Price/$200.00 each attendee – Non-Member Price

¨  March 4, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  March 5, 2009 – 1:00 – 5:00 p.m. - LINCOLN

30 Hour OSHA Class

Federal Law requires each company have a designated trained safety coordinator.  This will give your foremen, supervisors, safety directors or safety coordinators the expertise to comply with all OSHA and State requirements.  This is an in-depth look at CFR 1926 and 1920 and NE 757 as they affect construction. Price includes study materials

$395.00 each attendee – Member Price / $595.00 each attendee –Non-Member price.

¨  April 2, 9, 15, 2009 -7:00 a.m. – 5:30 p.m. – LINCOLN

-------------------------------------------------------------------------------------------------------------------------------------

Omaha Classes are held at the Education Center, 2602 Harney Street, Omaha

Lincoln Classes are held at the Training Center, 830 Westgate Blvd., Lincoln

PLEASE DUPLICATE THIS FORM FOR MULTIPLE CLASSES

Company:                                          Address:                                Phone:                        Fax:                

Names (please print):                                                                       Class/Date:                           Cost:                

                                                                                                          Class/Date:                           Cost:              

                                                                                                           Class/Date:                           Cost:              

Return Registration Form and Check Payable to Associated Builders & Contractors

830 Westgate Blvd., Lincoln, NE  68528    FAX 402-477-4522

Email-debh@abcnebraska.org