ABC CONCERNED PROPOSED DISCRIMINATION RULE GOES TOO FAR: ABC, along with five other organizations, May 1 filed comments with the Equal Employment Opportunity Commission on a proposed rule implementing provisions of the “Genetic Information Nondiscrimination Act of 2008” (GINA), a federal law that prohibits discrimination in health coverage and employment based on genetic information. The comments expressed overall support for the proposed rule and offered suggestions on how to achieve the goals of the legislation without unnecessarily burdening employers.
GINA aims to prevent employers from using genetic information for hiring, firing or promotion decisions, in addition to preventing health insurers from using genetic information for decisions about coverage or rates. The law goes into effect for employers Nov. 21.
“We strongly support genetic nondiscrimination and confidentiality and believe that employment decisions should be based on an individual’s qualifications and ability to perform a job, not on characteristics that have no bearing on job performance,” the comments stated. “While many improvements were made to GINA through the legislative process over the years, we remain concerned that an overly broad GINA regulatory framework will result in serious, negative, albeit unintended, consequences. We are particularly concerned that employers and employees will struggle to discern genetic information from general medical information about health status, disability and manifested disease.”
Specifically, the comments noted the need for a clear definition of what constitutes a manifested disease so GINA doesn’t hinder existing provisions that allow an employer to use post-offer examinations of employees to determine an applicant’s current ability to perform a job. In addition, the comments pointed out the lack of a concrete definition for family medical history and the need to clarify that the term only refers to inheritable conditions. “We do not believe that Congress intended non-inheritable conditions, such as colds and the flu, upset stomachs, chicken pox, etc., in family members to be part of the family medical history,” the comments stated.
The groups also raised concern in the comments about the general prohibition on the acquisition of genetic information which appears to suggest that passive or inadvertent acquisition of genetic information by an employer would be seen as equivalent to actively requesting such information, which is prohibited and punishable under GINA. GINA defines genetic information as: an individual’s genetic tests; genetic tests of an individual’s family members; genetic tests of any fetus of an individual or family member, and any genetic tests of an embryo legally held by an individual or family member; the manifestation of a disease or disorder in an individual’s family members; or any request for, or receipt of, genetic services by an individual or their family members. It generally does not apply to employers with fewer than 15 employees and it protects against discrimination for health coverage and employment only. Other groups that signed the comments include the U.S. Chamber of Commerce, the Society for Human Resource Management, the College and University Professional Association for Human Resources, the National Public Employer Labor Relations Association, and the National Federation of Retailers.
CONSTRUCTION SPENDING UNEXPECTEDLY RISES IN MARCH:Private nonresidential construction spending unexpectedly increased 2.7 percent in March and is up 1.2 percent compared to last year, according to a May 4 report by the U.S. Census Bureau. Overall, total nonresidential construction spending increased 2 percent in March to $703.8 billion, up 1.7 percent from a year ago.
“Searching for ‘green shoots’ has become a major preoccupation for economists in recent weeks,” said ABC Chief Economist Anirban Basu. “The term was used by Federal Reserve Chairman Ben Bernanke and refers to early indications of economic stabilization. Since that time, economists have identified a number of ‘green shoots,’ including consumer spending, durable goods orders and financial market performance. “The latest data regarding total nonresidential construction spending represents another ‘green shoot,’ Basu continued. “It shows movement consistent with capital market thawing and a re-expansion of credit availability, at least for certain types of construction activities.”
GREEN JOBS, CARD CHECK AND PLAS TO BE DISCUSSED AT LEGISLATIVE CONFERENCE: During ABC’s 2009 Legislative Conference, June 23-25 in Washington D.C., ABC members will have the chance to connect with hundreds of colleagues and get updates on a range of issues including the Employee Free Choice Act, or “card check;” business tax increases; energy policy; green jobs; health care costs; and union-only project labor agreements.
Participants will hear from special guest speaker Brit Hume, senior political analyst for FOX News Channel, who will discuss the current political landscape and how the changes with the new administration may affect the outcome of critical issues for the construction industry. After learning about the most recent legislative developments from Hume, attendees will have the opportunity to make their voices heard during visits to Capitol Hill and federal agencies.
Register by May 27 and take advantage of the early-bird discount. Visit www.abc.org/legcon for more information or to register.
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SPRING/SUMMER TRAINING SCHEDULE
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
¨ May 27, 2009 – 7:00 – 11:00 a.m. – LINCOLN
¨ June 2, 2009 – 7:00 – 11:00 a.m. – OMAHA
¨ June 25, 2009 – 7:00 – 11:00 a.m. – LINCOLN
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
¨ May 14, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA
¨ May 21, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ June 17, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ June 24, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA
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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
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Return Registration Form and Check Payable to Associated Builders & Contractors
830 Westgate Blvd., Lincoln, NE 68528 FAX 402-477-4522
Email-debh@abcnebraska.org