March 2, 2019, is the deadline for employers to electronically report OSHA Form 300A data, which summarizes job-related injuries and illnesses logged during calendar year 2018. Not all establishments are covered by this requirement. Visit OSHA's Injury Tracking Application webpage for information about which establishments are covered by this requirement and to submit data.
Last week, the Bureau of Pipefitters, Refrigeration Technicians and Sprinklerfitters hosted a listening session to solicit comments from members of the public on the current regulations. ABC provided comments on a number of issues including creating a separate welding license, reducing the 18-year age requirement for refrigeration apprentices, applicable credit for educational and on-the-job training hours required to become a journeyman, and eliminating prohibitive apprentice ratios.
For a copy of the comments, please click here.
On February 5th, the Metropolitan Area Planning Council (MAPC) conducted a focus group on climate resiliency with our members to learn about their experiences and perspectives on climate change. Over the past few years there have been a number of extreme weather events and trends that brought MAPC to this topic, such as:
MAPC solicited our members on-the-ground knowledge and expertise to build an understanding of climate change impacts on construction in New England. This will help inform regional planning and state policy efforts to bolster its resilience. Such inquiries were whether our contractors have experienced delays, work interruptions or extension of work schedules due to weather; damage to equipment, change in insurance rates, or change in prices of raw materials; and changes in regulations and design standards in response to climate change projections.
MAPC intends to conduct several more of these discussions with different industry and occupation groups. After all of the groups are done, they will be writing a summary report that will provide general information on their findings.
On February 21, 2018, the Eighth Circuit Court of Appeals issued new guidance regarding when and how the National Labor Relations Act (“NLRA”) protects union “salting” campaigns. A “salting” campaign involves union members, known as “salts,” who seek to secure jobs at non-union work sites to recruit additional union members and organize the site.
In Aerotek Inc. v. National Labor Relations Board, four members of the International Brotherhood of Electrical Workers Union (“IBEW”) applied for positions with Aerotek, Inc. (“Aerotek”) to attempt to recruit new members and organize the company’s non-union sites. In this case, the four “salts” were transparent about their intentions to organize the site; one stated he would accept any available position because he wanted to expose more electricians to the IBEW. Aerotek refused to hire any of the four salts, and the IBEW filed unfair labor practice charges.
The Administrative Law Judge determined that Aerotek violated Sections 8(a)(1) and 8(a)(3) of the NLRA by refusing to hire or place the salts because of their background as union activists. The National Labor Relations Board (“NLRB”) affirmed the decision, which Aerotek appealed to the Eighth Circuit.
On appeal, the Eighth Circuit affirmed the NLRB’s decision and provided new guidance regarding when an employer violates the NLRA during a “salting” campaign. Specifically, the Eighth Circuit stated that an employer violates the NLRA only if the NLRB’s General Counsel shows the following:
(1) The salt’s genuine interest in obtaining employment with the employer;
(2) the employer was hiring or had concrete plans to hire (or place);
(3) the salt had the requisite experience or training for the position; and
(4) anti-labor animus contributed to the decision not to hire (or place) the salt.
Aerotek serves as a reminder to employers that salting campaigns may be protected activity under the NLRA, and attempts to circumvent or quash salting campaigns can result in steep penalties. Employers that are approached by applicants who express a desire to organize or further the efforts of a union should consult with labor counsel to ensure compliance with the NLRA.
Attorney General Maura Healy’s Fair Labor Division
The Massachusetts prevailing wage laws require that covered employees on public works projects be paid a minimum hourly rate set by the Department of Labor Standards (DLS). The prevailing wage laws apply to both union and non-union employers/employees. See G.L. c. 149, §§ 26-27H.
Continue reading for a list of some basic prevailing wage requirements. The list is not exhaustive, and failure to comply with these laws can result in significant civil penalties or potential criminal enforcement. It is important that you understand your obligations before you decide to perform work on a public works project.
This message is sent to help clarify radon control methods for existing building additions. Radon requirements were first introduced into the state building code (780 CMR) via amendment on January 2, 2015 under Appendix F.
780 CMR Section AF101.1 states that "This appendix contains minimum passive radon control requirements for all new construction. . .". Neither the International Building Code (IBC) nor the International Residential Code (IRC), or Massachusetts amendments thereto, provide a definition for new construction.
Some have questioned whether or not an addition to an existing building constitutes new construction; therefore requiring radon control methods to be incorporated into the addition. During their September, 2017 meeting, members of the Board of Building Regulations and Standards (BBRS) determined that the answer to this question is no; radon control methods are not required for the addition or existing portion of the building. Radon control is only required for ground-up, new construction in areas of high radon concentration as established by Appendix F and accompanying Radon Zone Map.
News Release: U.S. Department of Labor OSHA Extends Compliance Date for Electronically Submitting Injury, Illness Reports to December 15, 2017
WASHINGTON, DC – To allow affected employers additional time to become familiar with a new electronic reporting system launched on August 1, 2017, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has extended the date by which employers must electronically report injury and illness data through the Injury Tracking Application (ITA) to December 15, 2017.
OSHA’s final rule to Improve Tracking of Workplace Injuries and Illnesses sets December 15, 2017, as the date for compliance (a two-week extension from the December 1, 2017, compliance date in the proposed rule). The rule requires certain employers to electronically submit injury and illness information they are already required to keep under existing OSHA regulations.
Recently, the Occupational Safety and Health Administration (OSHA) published a final rule, Cranes and Derricks in Construction: Operator Certification Extension, which delays its deadline for employers to ensure that crane operators are certified by one year, from Nov. 10, 2017, to Nov. 10, 2018. OSHA is also delaying its employer duty to ensure that crane operators are competent to operate a crane safely for the same one-year period. The final rule is effective on Nov. 9, 2017.
As you are aware, enforcement of the Occupational Safety and Health Administration’s (OSHA) silica standard as it applies to the construction industry began on Sept. 23.
Recently, the U.S. Department of Labor’s Acting Deputy Assistant Secretary Thomas Galassi issued a memorandum on Interim Enforcement Guidance for the Respirable Crystalline Silica in Construction Standard. The memo to regional administrators provides interim enforcement guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the standard, stating: “Effective Oct. 23, 2017, OSHA will fully enforce all appropriate provisions of the Silica in Construction standard. This memorandum will serve as interim enforcement guidance while the standard’s companion compliance directive is proceeding through the review process. It will expire when the compliance directive becomes effective and available to the field.”
Please review the Oct. 19 memorandum and attachments here.
The ninth edition building code was filed with the Secretary of State and is effective on October 20, 2017.
On Tuesday, October 10th, members of the Board of Building Regulations and Standards (BBRS) debated whether or not to modify the full force and effect date based on a shortened concurrency period, but decided to hold firm with the January 1, 2018 date.
Therefore, building permit applications for projects utilizing eighth edition code provisions will need to be filed on or before December 31, 2017. Applications received on or after January 1, 2018, where the project has been designed to the eighth edition, shall be returned to the applicant. The applicant will either need to revise construction documents to comply with ninth edition standards or seek relief through the Building Code Appeals Board (BCAB).
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