New Walking-Working Surfaces and Fall Protection Requirements

Source: U.S. Department of Labor, November 17, 2016

OSHA issues final rule updating walking-working surfaces standards and establishing personal fall protection systems requirements

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration today issued a final rule updating its general industry Walking-Working Surfaces standards specific to slip, trip, and fall hazards. The rule also includes a new section under the general industry Personal Protective Equipment standards that establishes employer requirements for using personal fall protection systems.

“The final rule will increase workplace protection from those hazards, especially fall hazards, which are a leading cause of worker deaths and injuries,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “OSHA believes advances in technology and greater flexibility will reduce worker deaths and injuries from falls.” The final rule also increases consistency between general and construction industries, which will help employers and workers that work in both industries.

OSHA estimates the final standard will prevent 29 fatalities and more than 5,842 injuries annually. The rule becomes effective on Jan. 17, 2017, and will affect approximately 112 million workers at seven million worksites.

The final rule’s most significant update is allowing employers to select the fall protection system that works best for them, choosing from a range of accepted options including personal fall protection systems. OSHA has permitted the use of personal fall protection systems in construction since 1994 and the final rule adopts similar requirements for general industry. Other changes include allowing employers to use rope descent systems up to 300 feet above a lower level; prohibiting the use of body belts as part of a personal fall arrest system; and requiring worker training on personal fall protection systems and fall equipment.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit www.osha.gov.

Federal Court Temporarily Halts Overtime Rule

Source: AGC of America

On November 22, a federal judge issued a nationwide injunction against the U.S. Department of Labor’s (DOL) overtime rule, which was scheduled to take effect on December 1, 2016. As a result of this court order, implementation of the rule is effectively halted. However, the injunction is a temporary measure that suspends the regulation until litigation comes to a close. DOL has said that it is currently “considering all of [its] legal options.” At this time, it is unclear if or when the rule will take effect.

The most significant change under rule is a doubling of the standard salary threshold for exempt employees – from $455 per week ($23,660 per year) to $913 per week ($47,476 per year). Many AGC contractors had already taken steps to implement this rule, such as by reducing employee hours or notifying employees of salary increases. Given the uncertain path ahead, those contractors may want to re-evaluate the overall impact of the changes made and either roll-back or keep those implementation efforts in place, considering both the impact on the company’s bottom line as well as employee morale.

It is not clear how President Trump will proceed as this is a rule that pits Trump, the populist, against Trump, the businessman.  On the campaign trail, he did not clearly oppose or support the rule. Nevertheless, AGC has and will continue to support legislation and regulatory changes to lower the overtime threshold and gradually phase in the requirement over several years.

For more AGC information on this rule, click here. For more AGC information on the regulatory road between now and Inauguration Day, click here.

Overtime rule doubles salary threshold; increases burden

AGC plays vital role in attempting to limit burden – will continue to pursue corrective action

On May 18, the U.S. Department of Labor released its final rule implementing changes to the Fair Labor Standards Act (FLSA) overtime regulations.  The most significant change is a doubling of the standard salary threshold for exempt employees – from $455 per week ($23,660 per year) to $913 per week ($47,476 per year).  The rule takes effect on Dec. 1, 2016. In 2015, AGC sent both individual comments and signed onto coalition comments on the proposed rule. Read more on AGC.org.

AGC Advocates for Contractors in Paid Leave Mandate

AGC of America submitted extensive comments on the U.S. Department of Labor (DOL) Wage and Hour Division’s proposed rule implementing Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, on April 12. The Executive Order and proposed rule require contractors with direct federal contracts and their subcontractors under such contracts to provide employees working on or in connection with such contracts up to seven days of paid leave annually for sickness and other covered purposes. A final rule is expected by September 30. AGC will continue to monitor the rulemaking and initiatives to curtail it, and will report on significant developments. Learn more here.