WILLIS CONSTRUCTION RISK MANAGEMENT CONFERENCE STEPHEN SANDHERR CEO SEPTEMBER 12, 2013
Dec 31, 2015
WHO/WHAT IS AGC?
• Nation’s largest commercial construction assn.
• 95 chapters in 50 states/DC/PR• Staff of 65 in Arlington, VA
• Capitol Hill townhouse• 25 engaged in public policy issues• 7 attorneys
• Broadest policy portfolio in the industry
OVERVIEW
• Divided government yielding few results• Partisanship at toxic levels/easy work is
hard• Administration aggressive in regulatory
area• Assuming statutory authority (employer
mandate/exempting Congress from exchanges/ DREAM Act)
• Environment/labor areas of concern• Upcoming budget battles: debt ceiling &
continuing resolution
IMMIGRATION REFORM
• AGC principles:• Earned legalization for existing workers (10
YRS)• Workable guest worker program/future flow• No vicarious liability• Maintain “knowing” standard• Limit debarment as penalty/keep FAR stds• Federal preemption• E-verify for new hires
• Senate bill meets most except guest workers
GUEST WORKER PROVISION
• Negotiated between AFL-CIO & US Chamber
• BCTD: exhaust hiring hall before guest workers
• Proposed program:• Caps workers @ 15,000 per year• 0 if unemployment rate >8.5% in MSA• Other industries using construction
occupation (i.e. welder) would count against cap
• Woefully inadequate to meet future needs
POLITICS OF IMMIGRATION REFORM
• Senate: 14 GOP votes• Recognition that system broken• Demographics not favorable• GOP rhetoric unwelcoming
• House• GOP doesn’t trust Obama• Amnesty• Not issue in majority of GOP districts• Fear of primary competition
IMMIGRATION PROSPECTS
• 68 votes in Senate not impressing House GOP
• House taking piecemeal approach• Border security• “DREAM” Act• E-verify/employer violations• Visas for tech, investors
• Can any or all of these get to conference?
• Political balancing act for Boehner
INFRASTRUCTURE
• Federal investment subject to budget pressures
• MAP-21 good on policy; bad on $• HTF hits cliff 9/30/14; CBO says “broke”
• Advancing “all of the above” scenarios• PPP’s• Repatriation of foreign profits• Oil royalty fees• Transition to VMTs• Gas tax
INFRASTRUCTURE
• Seeking Clean Water Trust Fund• WRDA passed Senate
• WIFIA• House introduced bipartisan bill yesterday
• Counting lower tier subs• Passed House as amendment to defense bill• Lining up Senate co-sponsors
ENVIRONMENTAL REGULATIONS
• EPA stormwater rule: significant AGC victory• Withdrew nationwide numeric discharge limit• No need to monitor/control turbidity of runoff
• Post construction runoff• Lead paint removal in public/commercial
bldgs• Follow existing guidelines for bldgs inhabited
by kids• Training, certification, dust control, ventilation,
etc.• AGC working with real estate groups: EPA
needs to establish hazard not cured by existing practices
LABOR/HR
• PLA’s• AGC has thwarted over 60 PLA’s directly and
countless others indirectly• “efficiencies and economies” in federal
contracting• MULTI-EMPLOYER PENSION REFORM
• AGC represented on NCCMP Reform Commission
• Report provides tools/including benefit cuts• Working w/BCTD on lobbying/PR campaign• Legislative effort this year and next
OSHA SILICA RULE
• 8/23 OSHA released highly anticipated rule
• New PEL of 50 micrograms/m3 (current is 100)
• Employers conduct initial/periodic exposure assessments of workers/air sampling
• Engineering/work practice controls/PPE• No cost medical surveillance for
employees exposed to levels >PEL for 30+ days/year
• Potential duty of care to employees/public
OFCCP DISABILITY & VETS REGS
• Forced AGC to object to measures whose goals we support and objectives already meet
• Disability rule: 7% goal (2% “severe” removed)• No apparent concern for impact on safety• Employer can identify disability
• Veterans ideal candidates for construction but it is the economy that is discriminating not employers: vets unemployment rate lower than construction rate
OFCCP DISABILITY & VETS RULE
• Demonstrate GFE in hiring/promotion• Written affirmative action program• Periodic review of job descriptions (not
annual)• Maintain records for 3 years (not 5)• Training for all mgrs who hire/discipline
(not annual meeting of all employees)• No need to provide written
documentation of hiring/promotion decision
OFCCP DISABILITY & VETS REGS
• AGC response:• OFCCP has not shown need: veterans and
disabled unemployment rates < national rate
• OFCCP has not shown discrimination: their own audits show < 0.02% “claims”
• Costs: OFCCP says $500 per employer; $2.2 B appears to be more accurate
• Met w/ OIRA: OFCCP needs rational basis
DOT DBE REGS
• AGC & 15 chapters submitted comments 12/24
• DBE’s submitted in bid w/ $ amount & scope w/ written confirmation by DBE or no pay
• State DOT must give written consent to change • GFE (detailed in writing) to replace w/ DBE• Price not determinative of goal
• GFE documentation submitted w/bid if goal short (include all sub quotes)
DOT DBE REGS
• States must include in contracts that failure to carry out DBE commitments=material breach
• DOT now considers this “significant” rule
• AGC met w/DOT• Make program work• Reduce/eliminate inconsistencies• Permit mentoring
DOES 2014 ELECTION OFFER HOPE?
• Barring something unforeseen GOP keeps House
• For 3rd straight cycle, Senate map favors GOP• Dems defending 20 seats/GOP 15 seats• 7 Dem seats in states won by Romney: SD,
MT, WV, AR, NC, LA, AK• GOP needs net gain of 6 seats for majority