President Biden’s September 9 announcement was thunder, not a lightning strike. He did not require federal contractors or employers to mandate COVID vaccines or testing immediately. Here’s what is coming:

Federal Contractors. Biden ordered his Safer Workforce Task Force to write a new provision to include in federal contracts. This provision will apply to companies that contract with the federal government and their subcontractors, and will mandate all of their employees to be vaccinated. This contract term will be included in new, extended, and renewed contracts, and solicitations. The requirement will not apply to existing contracts or to contracts formed before the Task Force’s language is finalized and implemented. We will have time to review the new contract language and will update you. If you don’t do federal work, this provision does not apply to you.

Companies with 100 or More Employees.  Biden also ordered OSHA to write emergency binding safety regulations requiring employees of companies with more than 100 employees (not known whether 100 employees is measured by peak, average, or other method) to either be vaccinated or be tested weekly. Companies must pay the employee for time off to get vaccinated plus any side effects. If OSHA follows current federal guidance, this time may be limited to 4 hours per shot.

In sum, Biden’s speech was the thunder warning us to prepare. Much is unknown. We believe that the coming rules will continue DOL’s guidance requiring accommodations for disabilities and religious rights. Unknown are how to implement testing effectively, whether self-identification of vaccination status suffices, what document retention and confidentiality processes are appropriate, what potential risks and liabilities may be implicated, how these changes may affect union contracts, and what effects the mandates will have on worker availability.

The Minnesota State Bar Association Construction Section is hosting an education event (virtual) on Friday, 17 September, addressing the federal and other COVID mandates. More will be learned in the next 2-4 weeks. AGC will host an event (hybrid) on Friday, 22 October at 10 am.  Next week’s update will have registration information.

MnDOT is required by the Federal Highway Administration and Federal Transit Administration to set statewide goals for disadvantaged business participation in federally funded projects every three years. The new proposed statewide goals for federal fiscal years 2022-24 is 12.59 percent for FHWA and is 6.27 percent for FTA on all U.S. Department of Transportation-assisted contracts.

AGC of MN submitted comments to MnDOT regarding proposed statewide goals for Disadvantaged Business Enterprise participation in highway and transit contracts comments for the next three year cycle. Members can view comments here.

Not sure whether your diversity & inclusion efforts are moving the needle? Take the Diversity & Inclusion Assessment. Use this new Culture of CARE resource to measure and improve the management of your diversity & inclusion programs, policies, and practices.

CLICK HERE to watch a short video on how the D&I Assessment can help you progress in your D&I journey.

Visit AGC's Store to purchase access to the D&I Assessment today! 

The Minnesota Department of Revenue announced that unemployment insurance refunds will begin going out next week.

Over 2,000 returns impacted by Paycheck Protection Program changes filed at the corporate entity level have started to receive refunds. These will continue to go out through September. In mid-August letters were sent to less than 8,000 individual income tax payers who will need to file amended returns to get the benefits. 

Full results are posted here, including:

Click the image below for a comparison of answers from Minnesota vs. National.

MnDOT’s project team has posted a draft layout for the I494/35W project that will be let (as a Design-Build contract) in late 2022 or early 2023.

If you do not have credentials for the Sharepoint site, please contact Peter Davich to gain access.

Contractors who participate in excavation and use the services of their local 811 center are encouraged to take a moment to participate in this important 811 Safety and Utility Damage Prevention Process Survey.

This survey is intended to document the experience in the 811 safety and damage prevention process of AGC member contractors that work on heavy water/wastewater, highway heavy, telecom, gas transmission and distribution, or energy infrastructure projects.

Why should you check and adjust track tension on a compact track loader? This will help prolong the life of the tracks and avoid mishaps while operating a CTL. Watch to find out how often to check track tension, how to adjust the tension, and avoid a common and big mistake when adjusting track tension. Learn more

In response to media reports of hesitancy among construction workers to get vaccinated and the various vaccine mandates being imposed by a broad range of owners, AGC has compiled new resources that we are urging members to share with their employees, subcontractors, and partners about the benefits of vaccination.

Each year the AGC Education and Research Foundation offers undergraduate and graduate level scholarships to students enrolled in ABET or ACCE accredited construction management or construction related engineering programs. The application opened July 1, 2021 and closes November 1, 2021.

If you have any questions please contact Paige Packard, Program Director, AGC Education and Research Foundation.

Click the links below for more information and to register for fall Supervisory Training Program (STP) classes!

Join us on October 13 at International Market Square, as we honor the recipients of our annual safety awards, the Skill, Responsibility & Integrity (SRI) Award, and the Lifetime Achievement Award!

Register here.

Join us on December 7 at the Metropolitan Ballroom for our annual holiday reception!

Register here.

More details on attending, exhibiting, and sponsoring here!