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Late last week, the 5th Circuit Court of Appeals upheld its stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to require their employees to either get vaccinated against COVID-19 or be subject to weekly testing. The court stated in its ruling that those challenging the ETS “show a great likelihood of success on the merits” of their case and that OSHA shall “take no steps to implement or enforce” the ETS. Since the release of OSHA’s ETS on November 4, numerous lawsuits have been filed challenging its legality. Due to the 5th Circuit Court of Appeals’ ruling and the other pending cases in different courts around the country, the U.S. Judicial Panel on Multidistrict Litigation is expected to issue a decision this week on consolidating all the cases into one case to be heard in one court. The court in which the consolidated case will be decided will determine the status of the current stay on the ETS. Should the case be heard by a court favorable to OSHA, the stay could be lifted next week. Conversely, if the case lands in a court sympathetic to the petitioners, the stay could likely remain. Regardless of outcome though, it is highly likely that whichever side loses, it will appeal to the Supreme Court for a final decision. A final decision is expected by the end of November. Further, in light of the fluid nature of the ETS litigation and should the ETS be upheld by the courts, NRMCA has continued its advocacy efforts to attain beneficial industry outcomes. To this end, earlier this week NRMCA filed comments with OSHA formally requesting an extension of the comment period on the ETS. The original comment period was only granted for 30 days, ending on December 6. NRMCA has asked OSHA for an additional 60 days to comment, which would put the comment deadline into early February 2022. NRMCA argued that, “such a rulemaking as extensive as this, in order for ETS stakeholders to comment comprehensively, an extension of the comment period is warranted. Additional time will allow covered employers to adequately assess any issues, points of concern and other problematic instances as they arise, while simultaneously attempting to implement the ETS.” NRMCA will continue to advocate on and monitor the ETS while updating the membership on its continual changing status. Click here for more information on how the ETS could impact the ready mixed concrete industry and here to review the specifics of the ETS. You may also contact Kevin Walgenbach at kwalgenbach@nrmca.org. Last week, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule adding rear impact guards on commercial motor vehicles (CMVs) to the list of items that must be inspected annually. The addition to the annual inspection list follows a petition filed by the Commercial Vehicle Safety Alliance and recommendations from the Government Accountability Office, and then the subsequent proposal for the change issued by FMCSA in late 2020. The final rule states that, “while the FMCSRs have required rear impact guards for more than 65 years, they have not been included on the list of components in Appendix G that must be inspected during the annual CMV inspection. This means that a vehicle can pass an annual inspection with a missing or damaged rear impact guard.” Motor carriers are required to inspect each of their CMVs annually, following a specific list of items to review as per Title 49 of the Code of Federal Regulations, Section 396.17 (49 CFR 369.17). The effective date for the final rule is Thursday, December 9. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.
Buildings
Last week, the East Valley Institute of Technology (EVIT), the Insulating Concrete Forms Manufacturers Association (ICF-MA) and the Arizona Rock Products Association hosted an insulated concrete forms (ICF) installation training event (seen here) on EVIT's Mesa campus, reports NRMCA Project Manager, Concrete Promotion, Derek Torres. The purpose of the training was to enhance the construction infrastructure to build with ICFs which are quickly becoming the method of choice for all forms of construction due to attributes such as speed and safe construction, operation maintenance and energy savings, resilience, sound control and building insurance discounts. These benefits are creating ICF project demand; this training session was aimed at delivering a knowledgeable contractor workforce that can augment its portfolio of construction services. Additionally, architects, engineers, concrete contractors and ready mix producers were in attendance and learned alongside the construction students of EVIT. Breakfast was sponsored by EVIT and lunch was sponsored by NRMCA Producer member CalPortland. Build With Strength has recently partnered with ICF-MA and launched ICF contractor training. The training is driven locally by NRMCA state affiliates and targets concrete contractors, framers, masons and other trades that will learn the techniques to expand their construction services portfolio and be more competitive in today’s construction environment. As part of the BWS campaign, NRMCA promotes sustainable concrete solutions for buildings. For more information, contact Derek Torres at dtorres@nrmca.org or 973-876-0938. NRMCA's Ready Mixed Concrete Delivery Professional Driver of the Year Award, now in its 26th year and sponsored by the Truck Mixer Manufacturers Bureau (TMMB), acknowledges the significant contribution of ready mixed concrete truck drivers to the growth and success of individual companies and the ready mixed concrete industry. As a salute to these key members of the concrete production and delivery team, the award recognizes the driver’s career achievement, safety, professionalism, competence and customer service skills in a manner that will enhance the industry and public image of the career of Ready Mixed Concrete Delivery Professional. The 2022 Ready Mixed Concrete Truck Driver of the Year Award winner will be honored at an awards presentation ceremony at NRMCA’s Annual Convention in San Antonio, TX, in March 2022. Applications must be e-mailed to DOY@nrmca.org by Friday, December 31. Click here to download the nomination form, more information and staff contact. NRMCA’s once-a-year Dispatcher Training Forum will be held in San Antonio, TX, Monday, January 31 - Wednesday, February 2. Schedulers and dispatchers focus on how to make the order system flow seamlessly and productively in your company. Key skills covered are: • ASTM-C94 and other technical knowledge that assure the order’s materials are correct; Check here for detailed information and the online registration link. For registration help, e-mail Jessica Walgenbach at jwalgenbach@nrmca.org. With the December Plant Manager Certification Course sold out, NRMCA has opened registration for the next class, to be held in Phoenix from February 8 - 12. This 4-day course is industry-specific and concentrates on immediately applicable skill development related to the challenges faced by plant managers all across the county. The intense learning curriculum includes the latest on product knowledge and technical standards, safety culture and OSHA-based regulations, operational and maintenance skills, current environmental issues and regulations from EPA as well as labor law issues and the challenges of front line supervision. Please note the Army Corps of Engineers requires batchmen to pass NRMCA Plant Manager Certification BEFORE work commences. Additionally, the class is a required class for those working on their STEPS Operations and Production Certification. Check here for detailed information and the online registration link. For registration help, e-mail Jessica Walgenbach at jwalgenbach@nrmca.org. Government Affairs
Join NRMCA for a redistricting briefing with the National Republican Redistricting Trust tomorrow, Thursday, November 18, at 2 p.m. Eastern time, NRMCA's Government Affairs team will host Adam Kincaid, executive director for the National Republican Redistricting Trust, for an exclusive industry-specific briefing that will update national redistricting efforts, including information regarding maps, litigation and counter fundraising efforts. Click here to register. For more information, contact Andrew Tyrrell at atyrrell@nrmca.org or 321-229-1785. 2022 January 31 - February 2, San Antonio, TX February 8 - 11, Phoenix February 15 - 17, Dallas February 15 - 17, Online Course February 22 - 24, Smyrna, TN March 22 - 24, Smyrna, TN April 5 - 7, Dallas April 19 - 21, Smyrna, TN September 29 - October 3, Aurora, CO Learning & Development
With an unprecedented construction market coupled with supply shortage pressures, sales teams will be challenged to work within a contractor’s project management system. As a result, the Certified Concrete Sales Professional (CCSP), Module II content has been updated. The comprehensive class will be held online from 9 a.m. to 3 p.m. Eastern time on December 6 - 9. The curriculum ties directly to what a sales reps should know that impacts a producer’s business, including learning about a contractor’s estimating methods, bidding process, design, supply procurement, project planning and scheduling. The class is 75% full; Do NOT delay registering your appropriate staff. It’s time to set firm sales goals for 2022. This is one of the required classes in the Sales Track for STEPS Certification. Check here for detailed information and the online registration link. For registration help, e-mail Jessica Walgenbach at jwalgenbach@nrmca.org. Calendar
Please note that e-mail and direct links to each event listed below can be accessed from NRMCA's Web site. November 30 - December 2, Orlando, FL *Sold Out December 6 - 9, Online Course December 7 - 10, Orlando, FL *Sold Out Email: Jessica Walgenbach, 703-706-4852 December 15, Free Virtual Conference |
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