On Dec. 1, 蜜桔直播 raised concerns with the Interim Draft of the National Ordinary High Water Mark (OHWM) Field Delineation Manual for Rivers and Streams that federal agencies are using to identify tributaries and assert federal jurisdiction. (See coalition letters here and here.) The OHWM defines the boundaries of federal jurisdictional over a water and plays a role in calculating any required mitigation under the Clean Water Act. The manual takes an overly broad approach that could sweep in more water features as jurisdictional waters of the United States (WOTUS).
On November 22, the Federal Highway Administration (FHWA) released its Greenhouse Gas (GHG) Performance Measure final rule. You might recall, 蜜桔直播 issued this action alert, filed comments with FHWA, and supported congressional efforts to block the rule.
Please join 蜜桔直播 of America on January 11, 2024, from 2:00pm ET to 3:00pm ET for a virtual townhall staff update on federal environmental regulatory initiatives and 蜜桔直播鈥檚 advocacy efforts. Open to all 蜜桔直播 members and Chapters, the meeting also provides an opportunity for industry professionals from various sectors to share best practices, discuss federal or state environmental and sustainability trends, and collaborate on ways to improve performance across the entire construction industry. There is no charge, but you must register to reserve a seat鈥攃lick here.
蜜桔直播 of America is now accepting session proposals for 蜜桔直播鈥檚 2024 Construction Safety, Health & Environmental Conference (July 16-18, 2024, in St. Louis, MO). This notice is a call for presentations for a limited number of speaking opportunities.
Together, 蜜桔直播 of America and its Illinois Chapters have achieved a major breakthrough as to commercial general liability insurance (CGL) coverage for construction defects under Illinois law. The Illinois Supreme Court issued its opinion in Acuity v. M/I Homes of Chicago, LLC, Docket No. 129087 on Nov. 30, 2023. The case involved CGL coverage for construction defects resulting in water damage to a townhome project. In that context, the Supreme Court clarified the law to agree with many state supreme courts that such property damage is an 鈥渙ccurrence鈥 in Illinois. The Supreme Court鈥檚 clarification is extremely favorable to the construction industry and was supported by an amici curiae brief sponsored by 蜜桔直播 of America, National Association of Home Builders, American Subcontractors Association and local chapters in Illinois.
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. 蜜桔直播 communicated our concerns with the rule to OSHA during the rulemaking process.
On September 20, the Federal Highway Administration (FHWA) released a notice for proposed rulemaking addressing a variety of work zone safety issues near highways. Many of the proposed changes aim to modernize standards that had last been updated in the early 2000s, but substantial changes were proposed for topics such as measuring safety standards, reviews of state DOT鈥檚 safety programs, and the use cases for positive protection devices.
蜜桔直播 of America will hold the next Union Contactors Forum quarterly meeting on December 13, 2023, at 11:00 a.m. ET. All interested 蜜桔直播 members and chapter staff are invited. The meeting is not open to nonmembers. The agenda will include updates from 蜜桔直播 staff and an open discussion of labor relations matters.