Before the Congress left for their August recess, House lawmakers passed its first appropriations bill of twelve total that funds the federal government. The House passed (219 – 211) the Military Construction/Veterans Affairs appropriations bill, H.R. 4366. The bill provides $17.47 billion for military construction and $1.6 billion for major and minor VA construction. Meanwhile, the Senate has finished voting the bills out of committee but has yet to pass any appropriations bills on the floor. The Senate is considered more bipartisan in spending levels and policies. Lawmakers will need to pass all twelve appropriations bills by September 30th, or else pass a continuing resolution, a stopgap measure that buys time. Given the short amount of time left, Congress will end up needing to pass one or more continuing resolutions.

On July 13, the House Subcommittee on Economic Development, Public Buildings, and Emergency Management held a hearing to discuss the recent government report that found high vacancy rates in 23 federal agency headquarters in Washington, D.C. Representatives from the General Services Administration and General Accountability Office, the agency responsible for the report, testified at the hearing. The GAO report found that 17 of 24 agencies surveyed, using keycard entrance among other metrics, averaged 25% or less occupancy in their headquarters building capacity. The hearing discussed the challenges and future needs of federal agencies as telework becomes increasingly permanent. Some solutions presented at the hearing were real property disposal and consolidation where multiple agencies are headquartered out of a single building.

Termination for cause on a construction project is the equivalent of “going nuclear.” Construction is riddled with claims and litigation, and termination for cause litigation may be the costliest.[i] Construction professionals need to be familiar with the termination clauses in their contracts. This article examines the importance of writing an effective termination for cause provision and how the American Institute of Architects (AIA) and ConsensusDocs standard construction contracts differ on this issue.

Please join 鶹Ƶof America on August 16, 2023, from 2:00pm ET to 3:00pm ET for a virtual townhall update on its climate change initiatives and discussion on carbon reporting and the construction industry. This virtual townhall will be open to all 鶹Ƶmembers and chapters. There is no charge, but you must register to reserve a seat—click here.

On July 19, the Occupational Safety and Health Administration (OSHA) issued a notice of proposed rulemaking to require employers to provide employees with proper-fitting PPE to protect them from occupational hazards. This move would align the construction, general industry, and maritime standards related to PPE and further emphasize the need for PPE that properly fits the variety of body types represented in construction while providing the intended protection.

On July 13, the Mine Safety and Health Administration (MSHA) issued a proposal to update its existing standards to better protect miners against occupational exposure to respirable crystalline silica, and to improve respiratory protection for all airborne hazards. MSHA’s proposal would cut the current permissible exposure limit (PEL) of respirable crystalline silica by half to 50 micrograms per cubic meter (mg/m3). The proposal would also include other requirements, such as exposure sampling, corrective actions to be taken when miner exposure exceeds the permissible exposure limit, and medical surveillance. Additionally, the proposal would replace existing requirements for respiratory protection.

On July 17, the Occupational Safety and Health Administration (OSHA) announced a final rule that expands the current recordkeeping requirements, and goes into effect on January 1, 2024, to mandate the submission of Form 300-Log of Work-Related Injuries and Illnesses and Form 301-Injury and Illness Incident Report in addition to Form 300A-Summary of Work-Related Injuries and Illnesses data from construction establishments with 100 or more employees. Establishments with 20 to 99 employees continue to be required to submit only Form 300A-Summary of Work-Related Injuries and Illnesses data.

Come Learn More at AGC’s Construction HR & Workforce Conference