Contractor Community – June 2022

Foundation Software, LLC Acquires Construction Safety Software Provider Harness

Foundation Software announced the acquisition of construction safety software provider, Harness Software. With this acquisition, Foundation adds a much-asked-for piece to their ever-growing software platform.

Creators of The Harness Safety App, Harness offers easy-to-use safety tools for specialty contractors, including those in the roofing, electrical and mechanical trades. With Harness, contractors can easily track toolbox talks, inspections, training, certifications and more — increasing jobsite safety and allowing for better management of company health and safety programs.

“When we started Harness Software, our goal was to help as many contractors as possible to improve their health and safety programs,” said Tom Whitaker, CEO of Harness Software. “By joining with a large, successful company like Foundation Software, we’re able to expand our reach to better achieve this goal.”

Harness will join Foundation’s expanding construction management platform, which currently features accounting, project management, estimating and takeoff software for specialty contractors, and a construction-specific payroll service.

Mike Ode, CEO of Foundation Software, elaborated on what the addition of Harness to Foundation means for the industry as a whole. “We’re thrilled to add Harness to our family of companies,” Ode said. “In talking with contractors over the years, a dedicated safety application was always one of the top-requested features. With Harness, we’re able to offer our customers another industry-specific tool to help run their business.”

Visit Foundation Software and Harness Software to learn more about their products.

Safety Month Focus on Fall Prevention

Take a look at the Resources on ASA-Houston’s website on fall prevention. In both English and Spanish, various videos and sheets discuss fall rescues, ladder safety, stilts training, lanyards and harness inspections. 

Biden Administration Announce Talent Pipeline Challenge

On June 17, the Biden Administration announced the “Talent Pipeline Challenge,” that would connect employers to organizations that offer job training, such as unions, industry associations, and community colleges. The effort also encourages state and local governments to use funding from the infrastructure law and the American Rescue Plan to invest in opportunities to provide workers with training to support industries that will see increased demand under new infrastructure investment and workers acutely affected by the pandemic. 

The initiative will be focused on working with employers and training providers in broadband, construction, and electrification, including electric vehicle charging stations, and battery manufacturing to ensure there is an inclusive pipeline of workers to fill future infrastructure jobs. The effort will also encourage employers who participate in the challenge to recruit women and workers of color, and to provide services like childcare and transportation assistance. The Administration plans to hold several upcoming events touting the workforce training investments made under the American Rescue Plan and future projects under the Bipartisan Infrastructure Law that collectively are aimed at filling essential jobs in the public sector and the new private-sector jobs created under the infrastructure investments.

ASA Supports the Strengthening Small Business Subcontracting Act

In the beginning of June, the House passed ASA supported legislation (H.R. 7694), the “Strengthening Small Business Subcontracting Act,” which was unanimously passed and reported out of the U.S. House Committee on Small Business. This bipartisan legislation authored by Reps. Mfume (D-MD) and Stauber (R-MN) revises the language of the Small Business Act to reward prime contractors who have a better history of working with small businesses and abiding by their subcontracting plans submitted to federal agencies when bidding on contracts. This legislation shields small businesses in the contracting space and incentivizes larger federal contractors to honor their commitments to small business subcontractors by making past performance on subcontracting plans a factor in whether a company is awarded future work. Rep. Stauber is the co-chair of the Construction Procurement House Caucus and he stated “with each passing year, it’s getting more and more difficult for small businesses to compete for federal contracts. Small businesses are the engine of our economy. In Congress it’s our duty to not only support small businesses, but also to ensure that they have a chance to participate in federal projects. At a time when small businesses are struggling with inflation, a supply chain crisis, and a labor shortage, this legislation will provide them an opportunity for success.” 

Our thanks goes out to  Reps. Mfume (D-MD) and Stauber (R-MN) for their prodigious work on this important legislation to the construction subcontractor community.

DOL Reviews Independent Contractor Rule

On June 3, 2022, the Department of Labor’s Wage and Hour Division announced that it is reviewing regulations addressing the distinction between an employee and an independent contractor under the Fair Labor Standards Act (FLSA). Independent contractors are not guaranteed the federal minimum wage and overtime pay that covered employees receive under the FLSA. DOL published a final rule on this issue on January 7, 2021. The rule adopted an economic reality test that considers whether a worker operates their own business or is economically dependent on an employer for work. DOL delayed that rule on March 4, 2021, and then withdrew it on May 6, 2021, but on March 14, 2022, a district court vacated DOL’s decision to delay and withdraw the rule, and the 2021 final rule remains in effect. DOL plans to engage in new rulemaking on this issue and seeks public feedback. There was a forum for employers on June 24. A separate forum for workers is scheduled for June 29.    

2022 ASA National Board Meeting

This year’s June ASA national board meeting headed to the U.S. heartland, St. Louis, MO. While board members discussed industry challenges, Association budgets and other business, they did take time to check out Busch Stadium, the Cardinals’ 46,000-seat retro-style ballpark.

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