OSHA ETS Vaccine Mandate Released
Here are the Top Ten Takeaways for employers (100 or more employees):
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Effective: Employers need to comply in thirty days for all requirements except testing. Testing compliance is in sixty days.
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Policy: Employers must create a vaccination policy that applies the mandate to its workforce and inform employees.
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Noncompliance: Employees who do not comply are subject to adverse action. Employers who do not comply can be fined by OSHA, perhaps as much as $14k per employee.
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Covers: Covers employers who have 100 or more employees at any time while the ETS is in effect. 29 C.F.R. § 1910.501(b). Although some employees may not need to comply if, for instance, they exclusively work remotely or outdoors, these employees still count toward the 100.
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Definitions: There are definitions on what it means to be vaccinated, what tests qualify, face coverings and facemask. 29 C.F.R. § 1910.501(c).
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Testing: There is a testing option and details what tests and testing procedures qualify. 29 C.F.R. § 1910.501(g). The employee must be tested every seven days. An employee who is unable to get tested in time must be excluded from the worksite.
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Records: Employer must maintain two kinds of records and maintain the confidentiality of those records like medical records under 29 C.F.R. § 1910.1020:
- a roster of that lists all employees and clearly indicates for each one whether the employee is fully vaccinated, partially (not fully) vaccinated, not fully vaccinated because of a medical or religious accommodation, or not fully vaccinated because they have not provided acceptable proof of their vaccination status. The roster also might indicate if the employee is not covered by the mandate. Any employee that has not provided acceptable proof of their vaccination status must be treated as not fully vaccinated.
- a copy of the proof of vaccination that documents employee’s proof of vaccination reviewed, date of shots, vaccine manufacturer, and who administered the vaccine. 29 C.F.R. § 1910.501(e)(2) & (4)
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Compensate: Employers must compensate employees for the time to receive a vaccination shot (up to four hours) and pay reasonable sick leave time if the employee suffers side effects from the vaccine. 29 C.F.R. § 1910.501(f)(1)-(2).
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Not Compensate: Employers do not need to pay for testing time or cost under the OSHA ETS, although there may be another basis requiring payment. See this article.
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More resources: A copy of the ETS is posted on our website here. A summary can be found here. In addition, AGC member Phyllis Karasov with Larkin Hoffman provides further advice here.
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MnDOT to Issue Addenda for November/December Lettings regarding COVID Policy
Some language regarding COVID vaccination and testing requirements was erroneously included in projects MnDOT advertised for November and December. This language issued months ago primarily affects state employees under an HR Policy issued by the MN Management and Budget, not highway/heavy contractors. MnDOT is in the process of issuing addenda to remove the language from those affected lettings.
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Upcoming Meetings:
AGC Legislative Committee
Thursday, November 18 at 1:00 P.M. via Zoom
Agenda is focused on making legislative policy recommendations to the Board of Directors.
MNDOT/AGC Bridge Committee
Monday, December 13 from 9:00 A.M. to 11:30 AM
Online Meeting
Email Laura Ziegler, Director of Highway/Heavy and Government Affairs at lziegler@agcmn.org for the Zoom link(s). For the technical committees, please contact Laura Ziegler with agenda items.
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Leadership Blueprint Kicks Off a New Year
The 2021-2022 Leadership Blueprint program began this week! Pictured above are this year's participants, representing Adolfson & Peterson Construction, Advanced Masonry Restoration, Bituminous Roadways, Cemstone Companies, Doran Construction, Frattalone Companies, IUOE Local 49 Training Center, J. Benson Construction, Knutson Construction, Kraemer North America, Kraus-Anderson Construction, Landwehr Construction, LS Black Constructors, Lunda Construction, M.G. McGrath, Molin Concrete Products, O'Neill Electric, Rachel Contracting, Ryan Companies US, Shaw-Lundquist Associates, Swanson & Youngdale, and Veit. |
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2021 AGC Business Meeting and Holiday Reception
Join us on December 7 at the 2021 AGC Holiday Reception at the Metropolitan Ballroom and Clubroom! This annual event is our chance to celebrate another wonderful year with our peers in the commercial construction industry. Register here for the holiday reception, and come a half hour early to participate in the annual business meeting!
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Annual Business Meeting Notice
Notice is given to the voting members of Associated General Contractors of Minnesota, a Minnesota cooperative organization (the "Association"), that the December 2021 annual meeting of the voting members will be held at the Metropolitan Ballroom and Clubhouse (5418 Wayzata Blvd, Golden Valley, MN 55416), at 4:00 pm on Tuesday, December 7, 2021, for the following purposes:
- To approve the December 1, 2020 Annual Meeting Minutes.
- To ratify and approve the acts of the Association's Officers and Directors.
- To approve the Treasurer's Report.
- To receive the Nominating Committee's Report and elect Directors of the Association.
- To transact such other business as may properly come before the meeting or any adjournment(s) thereof.
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Give and Receive!
When you come to the holiday reception, bring an unwrapped toy to donate to Toys for Tots! Everyone who donates will be entered into a drawing for a $100 American Express gift card.
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THANK YOU TO OUR SPONSORS! |
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AGC Form Construction Contracts
AGC’s Contracts Committee will begin meeting this month to review and update our form construction contracts for changes in the law and better clarity, balancing the interests in continuity and improvements. Contact Mike if you are interested in joining the committee. |
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Salary Survey is Open
The biennial AGC of Minnesota-sponsored Specialty and General Contractor Executive and Staff Salary Survey is now open. This survey provides important information regarding previous and anticipated compensation increases, bonuses, fringe benefits, etc. Participants can determine how their compensation practices compare to peer firms of similar size and type. Most non-craft job classifications are covered.
This survey is administered on a confidential basis by PAS (nationally recognized construction industry compensation analysts) as a service to AGC of Minnesota specialty and general contractor members. The survey is entirely between the contractor and PAS. Complete confidentiality is guaranteed. Only one survey should be submitted per firm, so please coordinate this within your team.
Please note:
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Survey results are available free of charge and are limited to respondents only.
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Contractors who do not participate will not receive a report.
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Copies will not be made available for purchase.
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Deadline for submission: November 30, 2021.
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Construction is a relationship-based business.
We are in the people business.
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GSOC Fall/Winter Hours and Upcoming Holiday Notice
From November 1 to March 31, Gopher State One Call business hours are 7 AM to 5 PM Monday through Friday. Emergency calls are exempt from business hours and are always accepted. All non-emergency locate requests can be submitted 24 hours a day, 7 days a week online—but are processed only during GSOC’s business hours.
On Thursday, November 11, Gopher State One Call will observe Veterans Day. Keep in mind that this day will not count toward the standard 48-hour notice needed when filing a locate request. Please also remember that only emergency locate request calls will be accepted through the call center this day.
Plan ahead and submit your locate requests early to account for the holiday.
Remaining 2021 holidays observed by GSOC:
- Veterans Day – Thursday, November 11, 2021
- Thanksgiving Day – Thursday, November 25, 2021
- Friday after Thanksgiving – Friday, November 26, 2021
- Christmas Eve (Observed) – Thursday, December 23, 2021
- Christmas Day (Observed) – Friday, December 24, 2021
- New Year’s Day (Observed) – Friday, December 31, 2021
Please remember: The holidays listed above will not count toward the standard 48-hour notice period when filing locate requests. Contact Barbara with questions.
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Now is the time to become an AGC Annual Partner for 2022!
or contact Jennifer to create partnership customized to your needs.
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Your Trusted Resource
Associated General Contractors of Minnesota
525 Park Street, Suite 110 | St. Paul, MN 55103
651-632-8929
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