The Administration announced Tuesday that David Michaels has been selected as the nominee for the Assistant Secretary of Labor for the Occupational Safety and Health Administration.  This position requires a Senate confirmation, which has not yet been set.

Michaels is an epidemiologist, research professor and associate chairman in the Department of Environmental and Occupational Health at the George Washington University School of Public Health and Health Services.  He directs the department's doctoral program.  For more on Michaels, click here.

This week, over 125 contractors traveled to Washington, D.C. to attend the 2009 AGC Safety and Health Committee Meeting.  In addition to the networking opportunities and forums with federal agencies, attendees received updates on legislative issues that directly affect the safety and health professionals in the construction industry and visited their congressional delegations.

During the congressional visits, the safety and health professionals addressed the industry and AGC's strong and lasting commitment to safety, while also stressing the importance of taking a cooperative approach to safety. Cooperative relationships between the construction industry and OSHA help promote safe and healthy work environments. The attendees also advocated for improving highway work zone safety programs.

Attend AGC's Safety & Health meeting July 22-24 in Washington, D.C., and get the latest updates on congressional activity that directly effects construction safety and health. Join more than 150 industry professionals to discuss the latest concerns facing the construction industry and network with seasoned safety experts.  

Participants will assist in the development of regulatory and legislative activity on a national and local level as well as new safety training programs and products.  Attendees will hear the latest initiatives from OSHA and other industry experts while also making visits to Capitol Hill.

The hotel deadline is June 22.  Register at www.agc.org/safetymeeting.

This week Congress held three hearings focusing on the Occupational Safety and Health Administration (OSHA). In particular, the hearings evaluated OSHA's enforcement efforts and the effectiveness of its penalties in deterring violations. The hearings were a chance for the Democrats on the House Education and Labor Committee and the Senate Health, Education, Labor, and Pension Committee to talk about their goals to expand OSHA's reach and increase enforcement efforts.

These hearings were scheduled to highlight legislation introduced on April 23, 2009, called the Protecting America's Workers Act, H.R. 2067. This bill would make changes to the OSH Act by increasing enforcement efforts, greatly increasing penalties and making serious OSHA violations felonies subject to criminal penalties including prison time of not more than ten years.

Among those testifying before the House Committee was Acting Assistant Secretary for Occupational Safety and Health, Jordan Barab. In Mr. Barab's written testimony, he mentioned that the Secretary of Labor "has emphasized that strong, vigorous enforcement of the OSH Act is among her top priorities." In addition, Mr. Barab has informed field staff that OSHA "will suspend the previous administration's practice of establishing goals for new Voluntary Protection Program sites and Alliances."

Next week there will be three hearings in both the House and Senate on workplace safety and enforcement efforts by the Occupational Safety and Health Administration. It is expected that Congress and the Obama Administration will seek various ways of expanding the role of OSHA as well as increase enforcement efforts during the next few years. The hearings next week are expected to be the start of these efforts.

AGC anticipates that OSHA to begin taking a much different approach towards employers than in the previous administration, with the focus moving away from working with employers to increased enforcement. AGC supports common-sense OSHA reform legislation that provides protection for small business while promoting a safe and healthy work environment. AGC is keeping close watch on these efforts and will continue to provide updates on any developments.

House and Senate Budget Committees this week passed their respective budget resolutions providing a non-binding blueprint for FY 2010 federal spending and tax policy.  The House and Senate will consider the resolutions next week, with final passage votes expected by the weekend.  Although leaders in both chambers decided against using the budget resolution to “fast track” controversial legislation to address climate change, the House version proposes this tactic to expedite health care reform. 

Both resolutions provide for level funding for surface transportation programs, but provide room for more spending if sufficient resources are made available in subsequent legislation (i.e., SAFETEA-LU reauthorization).

The resolutions also follow President Obama’s proposals to extend the 2001 and 2003 Bush tax cuts for couples with incomes under $250,000 and singles under $200,000.  The resolutions also continue the estate tax parameters for 2009, with an exemption of $3.5 million ($7 million for a couple) indexed to inflation and a top rate of 45 percent.  Without this change, the estate tax is scheduled to phase out completely in 2010, only to be reinstated at a top rate of 55 percent and $1 million exemption in 2011. 

Transportation and Infrastructure Reserve Funds

The House budget resolution includes a “reserve fund” for surface transportation reauthorization that allows Congress to revise spending for surface transportation programs upward if Congress writes legislation that “establishes or maintains a solvent Highway Trust Fund over the period of fiscal years 2009 through 2015.”  The provision leaves open the option of a transfer of general fund revenues to the Highway Trust Fund, “as long as the transfer of Federal funds is fully offset.”

The Senate budget resolution includes a reserve fund for a broader array of infrastructure projects, including energy, water, and public housing.  It also allows for more spending on surface transportation if the “solvency of the Highway Trust Fund will be maintained for the length of the surface transportation authorization.” 

Both resolutions reject the Administration’s proposal to change the budgetary treatment of “contract authority,” which would have treated surface transportation programs like any other federal program.

Senate Estate Tax Amendment

During Senate consideration of the budget resolution next week, Senators Blanche Lincoln (D-Ark.) and Jon Kyl (R-Ariz.) are planning to offer an amendment that would provide greater estate tax relief.  The Senators’ amendment is expected to propose a top rate of 35 percent with an exemption of $5 million indexed to inflation.  AGC supports efforts to provide a permanent reduction in the estate tax.

Tax Increases for High-Income Individuals

Both resolutions follow President Obama’s proposal to increase taxes for higher-income individuals.  Since approximately two-thirds of construction firms are organized as subchapter S corporations and their taxes are paid on their shareholders’ individual tax returns, these tax hikes would be damaging to the construction industry. 

AGC opposes President Obama’s proposed tax hikes in the budget and his use of the budget resolution to push through controversial legislation such as health care reform and climate change.  To view more about AGC’s concerns and to voice your opinion to your Senators and Representatives, use AGC’s Legislative Action Center.

On March 17-20, the Occupational Safety and Health Administration (OSHA) held a series of public hearings on Crane and Derricks in Construction.

Several AGC members provided testimony on March 19, including Art Daniel (AR Daniel Construction Services, Inc.), Mitch White (Manson Construction) and Randy Rogers (Williams Brothers Construction). Richard Voorhees (Weeks Marine, Inc.) will testify tomorrow.

For more information on the history of the Crane and Derricks in Construction proposed rule and AGC's comments during the C-DAC process or the SBREFA panel, click here. Also, visit AGC Advocacy to review regulations and comments submitted by AGC on Safety and Health regulations throughout the year.

Previous AGC Safety and Health Newsletter articles related to the same topic:

• AGC Comments and Requests Public Hearings on Proposed Crane and Derricks Standard
• OSHA Grants Extension for Public Comments on Crane and Derricks
• OSHA Publishes Crane and Derricks Proposal

AGC submitted public comments January 22 to the Occupational Safety and Health Administration and also requested that public hearings be held nationwide on the proposed Crane and Derricks in Construction standard. OSHA is tentatively scheduling public hearings for mid-March 2009 and the locations are yet to be determined. Crane operator qualification and certification is still AGC’s primary concern with the proposal.  AGC also commented on several other areas for clarification, such as the scope, definitions, fall protection, inspections and assembly/disassembly requirements.  AGC’s comments were derived from conference calls with members and chapters who reviewed and commented on the proposal.

For more information on the history of the Crane and Derricks in Construction proposed rule and AGC’s comments during the C-DAC process or the SBREFA panel, click here.