AGC Meets with Office of the Attorney General 

AGC continues to meet on a regular basis with key staff in the Office of the Attorney General on several issues impacting the construction industry that were enacted in 2004  such as the interpretation of the definition of Independent Contractors and the enforcement of the OSHA 10–hour law. Two meetings occurred in November specifically to discuss a pending effort to more aggressively ensure compliance with  OSHA 10-hour training requirement for public projects.

November 5 a delegation from the construction industry met with Assistant Attorney General Kevin Conroy, Chief of the Business and Labor Bureau; Joanne Goldstein, Assistant Chief; and Deborah Anderson and Brian O’Donnell of the Bid Protest unit of the Fair Labor and Business Practices Division office issuing new guidelines on the OSHA 10-hour law enforcement. The focus of the OSHA 10 discussions was: 1.) What employees are exactly covered and by whom; 2.) What constitutes “proof of documentation” besides the actual OSHA wallet card; and 3.) How the OSHA 10-hour law impacts  truck drivers with respect to using the certified payroll process to furnish documentation.

AGC is opposed to having the OSHA wallet card as the sole documentation proof of successful completion of the 10-hour course. At the meetings, AGC has described its own  standard procedure for documenting attendance in the AGC database. Additional meetings and discussions are expected before an official advisory on OSHA enforcement is unveiled. Similar discussions are also occurring with respect to clarification on the Independent Contractor issue. For more information contact Bob Petrucelli @ petrucelli@agcmass.org .