Renewed Davis-Bacon support permeates White House, Capitol Hill

Sources: U.S. Department of Labor, Ironworker Management Progressive Action Cooperative Trust, Washington, D.C.; CP staff A White House Spring 2021 regulatory update, coupled with a U.S. Senate vote on a Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act amendment, illustrate administrative and legislative branch underpinnings for contentious statutes affecting construction: the Davis-Bacon and Related Acts (Davis-Bacon or DBRA). 

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EPA rule clears traditional opaqueness in science justifying regulatory actions

Source: U.S. Environmental Protection Agency; CP staff A new rule establishes that when promulgating significant regulatory actions or developing influential scientific information, the Environmental Protection Agency will give greater consideration to studies where the underlying dose-response data are available in a manner sufficient for independent validation. The rule does not require the release of personally identifiable information or confidential business…

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FHWA sunsets rule restricting proprietary product procurement

Sources: Federal Highway Administration; CP staff

Effective October 28, Federal Highway Administration is lifting U.S. Department of Transportation regulations greatly limiting state contracting agencies from using federal dollars to acquire patented or proprietary materials, products or services for road and bridge work. 

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EPA, Corps’ Waters rule withdrawal signals clear regulatory scheme

Source: National Ready Mixed Concrete Association, Alexandria, Va.

NRMCA Compliance & Operations staff calls the Environmental Protection Agency and Army Corps of Engineers’ full withdrawal of the Obama Administration’s Waters of the U.S. (WOTUS) rule “another win for the concrete industry” and “a welcome step toward finalizing a balanced, consistent and clear regulatory scheme for determining federal jurisdiction” over natural resources. 

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Eyeing new standard, OSHA solicits lift truck fleet census, operating metrics

Source: Occupational Safety and Health Administration

Ahead of a prospective rulemaking to revise standards nearing their 50-year mark, OSHA is requesting information on the types, age, and usage of powered industrial trucks; vehicle maintenance and retrofitting; how to regulate older powered industrial trucks; types of accidents and injuries associated with operating such machines; plus, costs and benefits of retrofitting the machines with safety features. The agency adopted a powered industrial truck standard, now categorized CFR 1910.178, in 1971 and used an American National Standards Institute document issued two years prior as the basis. 

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EPA enlists cement, concrete, construction interests in partnership premier

Sources: U.S. Environmental Protection Agency; CP staff

The EPA has designated cement and concrete, construction, and iron and steel among 13 regulated industries chartering Smart Sectors, a partnership program whose collaborative approach, agency officials contend, provides an opportunity to pinpoint more forward-thinking ways to protect the environment.

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NRMCA publishes 2017 Hours of Service guide

Source: National Ready Mixed Concrete Association, Silver Spring, Md.

NRMCA’s updated Compliance Guide for the Federal Drivers’ Hours of Service (HOS) addresses key aspects of new Federal Motor Carriers Safety Administration rules, especially in light of ready mixed producer exemptions from 30-minute break and driver logging requirement extension to 14 hours.

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