2023 RECAP Construction
2023 Recap
Heightened Emphasis on Workplace Safety Federal workplace safety officials recently announced they are seeking to revise the national Personal Protective Equipment (PPE) standard for the construction industry to explicitly state that PPE must fit each affected employee properly – a proposed change that would require many construction employers to ramp up their workplace safety efforts. OSHA’s proposed revision to the standard announced in July would align the PPE standard for construction with that of general industry and maritime standards, which already explicitly mandate that PPE properly fit workers. Read more about this proposal and the steps you should take to prepare. EEOC Turns Sights on Construction Industry Construction employers need be mindful of the federal government’s renewed focus on combatting discrimination and harassment in the industry. A 2023 report from the Equal Employment Opportunity Commission (EEOC) identified key issues and the steps it plans to take to address noncompliance with federal anti-bias laws. While the laws are not new, the agency’s recent focus on enforcement means you should review our overview of the EEOC’s findings and the six steps you should consider to prevent discrimination and harassment in the workplace. Federal Contractors Faced 3 Separate Challenges in 2023 It was a rough year to be a federal contractor in the construction industry this past year, as three separate federal agencies turned up the heat on your business. First, as discussed above, the EEOC’s report had a special focus on contractors – and we provided five steps you should take to respond to the heightened requirements. Second, the Office of Federal Contract Compliance Programs (OFCCP) released its Corporate Scheduling Announcement List (CSAL) specifically for construction contractors in June, providing notice to those construction contractors and subcontractors that were selected for an audit (and we offered a seven-step plan for employers). Third, the Department of Labor released new Davis-Bacon Act regulations in August that significantly altered the methodology for setting prevailing wage rates for contractors and subcontractors working on federally funded construction projects. The new rules also significantly enhance the DOL’s enforcement capabilities under the Act, giving the agency more tools to punish employers it believes are violating the Act or its related regulations.
Todd Fredrickson Partner Denver tfredrickson@fisherphillips.com
Collin Cook Partner San Francisco/Irvine ccook@fisherphillips.com
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