ASA Supports Continued Investment in Surface Transportation Funding

ASA joined the Transportation Construction Coalition (TCC) in applauding the House Committee on Transportation & Infrastructure’s work last year on the $1.5 trillion Moving Forward Act, H.R. 2. This legislation marked the broadest and most robust proposed levels of federal investment in the nation’s transportation infrastructure ever passed by a body of Congress. With the current extension of the Fixing America’s Surface Transportation (FAST) Act set to expire on September 30th, ASA and the TCCare ready to work with Congress to heed President Biden’s call for action on infrastructure legislation. Any broad infrastructure package should include, like last year’s H.R. 2, a new, five-year, robustly-funded highway and public transportation investment law. 

American Rescue Plan

The Biden administration will begin distributing the $350 billion, provided by the American Rescue Plan (ARP), to states and local governments in May. The Treasury Department said that states that were hit the hardest economically by the pandemic would be the first to receive the funds. The states that have a net increase in unemployment of more than 2 percentage points since February 2020 will get their total funds right away, and local governments will generally receive half of the money this month and the rest next year. The Treasury Department has also issued guidance to states explaining how it will determine if the money is being used properly. If the funds have been used to offset tax cuts, the Treasury would require those funds to be paid back to the Department.

U.S. House Requests $14.9 Billion in Earmarks

Members of the U.S. House have requested $14.9 billion in spending on earmarked projects for a transportation bill that will be the vehicle for President Biden’s economic agenda. Republicans joined Democrats in making use of the new earmark process, inaugurated after the practice was effectively banned for a decade by Congress. On Tuesday, May 11^th, the House Transportation and Infrastructure Committee released the list of requested projects and in all, 318 House members requested earmarks, including 213 Democrats and 105 Republicans.  The largest request was from Rep. Graves (LA), a Republican member of the transportation committee, who is asking for $945 million for a highway connector. Rep. Schrier (D-WA) requested $665 million to widen State Route 18 in her district and Speaker Pelosi requested four earmarks totaling $32.5 million.  The House Republican Leadership did not make requests, but Republican Whip Scalise (LA) did make some in a separate Appropriations Committee process. Rep. Stefanik (R-NY), who replaced Rep. Cheney as Republican Conference Chairwoman, requested seven earmarks totaling $72 million.  There is no cap on the amount of earmarks in the bill, unlike the 1% cap being used for the annual appropriations bills.

OSHA’s New Enforcement Guidance on Beryllium Dust

On Tuesday, May 4, 2021, OSHA issued new enforcement guidance for inspectors looking into potential cases of workers exposed to beryllium dust.  The guidance applies to all types of beryllium inspections, including checks of manufacturers using beryllium as well as shipyards and construction sites where trace amounts of beryllium are found in sand-blasting materials. While the directions are intended for inspectors, the guidance also lets employers and workers know what inspectors will be looking for.  The guidance includes instructions for how inspectors should set up air sampling devices to measure airborne beryllium and how to determine if a violation merits the “serious” designation.  Beryllium is a metal valued by aerospace and nuclear weapons manufacturers for its light weight and high strength. Workers who are exposed to airborne beryllium particles are at risk of contracting lung disease. Skin contact with beryllium may increase a worker’s sensitivity and likelihood of becoming ill.

DOL Rescinds President Trump’s Independent Contractor Rule

On May 6, 2021, The U.S. Department of Labor issued a final rule rescinding the independent contractor regulation without replacing it with a new interpretation of when workers can function as independent contractors and when they must be classified as employees under federal law, who are entitled to minimum wage and overtime pay. In deciding questions of employee status, the Biden administration will now rely on a longstanding multi-factor test established by judicial precedent. Per DOL Secretary Walsh, “by withdrawing the Independent Contractor Rule, we will help preserve essential worker rights and stop the erosion of worker protections that would have occurred had the rule gone into effect.” This rule under the Trump Administration would have allowed companies to use an updated economic realities test to settle classification questions. It included five factors, but two were given far greater weight: the nature and degree of the worker’s control over the work, and the worker’s opportunity for profit or loss based on personal initiative or investment.

ConsensusDocs and Document Crunch announce Strategic Technology Collaboration Partnership

Washington D.C. –Today, ConsensusDocs and Document Crunch are announcing a strategic collaboration that will benefit users of both platforms.

ConsensusDocs contracts are developed by a coalition of 41 leading industry associations representing owners, contractors, subcontractors, designers, and sureties. ConsensusDocs contracts further the best interests of the project rather than a singular party, yielding better project results and fewer disputes.  Document Crunch, curated by legal professionals and risk management experts in the construction industry, harnesses state of-the-art artificial intelligence/machine learning technology to quickly identify what curators believe are the most important provisions in contract documents, and to also provide key insights and rationale, as well as sample contract provisions and other language. The context gained from using Document Crunch empowers users in the construction industry to better understand risks during bidding, make better decisions as to risk during negotiations, and to better administrate day to day issues on construction projects.

CDC Guidelines on Mask Wearing – May 13, 2021

• If you are fully vaccinated, you can resume activities that you did prior to the pandemic.
• Fully vaccinated people can resume activities without wearing a mask or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.
• If you haven’t been vaccinated yet, find a vaccine.

In general, people are considered fully vaccinated: ^±

• 2 weeks after their second dose in a 2-dose series, such as the Pfizer or Moderna vaccines, or
• 2 weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine

If you don’t meet these requirements, regardless of your age, you are NOT fully vaccinated. Keep taking all precautions until you are fully vaccinated.

If you have a condition or are taking medications that weaken your immune system, you may NOT be fully protected even if you are fully vaccinated. Talk to your healthcare provider. Even after vaccination, you may need to continue taking all precautions.