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Association & Industry News
The estimated ready mixed concrete produced in October 2021 is 36.2 million cubic yards, 1% lower than that in October 2020. The estimated production in the U.S. through October is 330 million cubic yards, approximately 3.5% higher than that during the same period in 2020. Ready mixed concrete production is estimated from cement shipments reported by the U.S. Geological Survey. More detail is available here for NRMCA members under “Production Statistics.” vCONcrete22 - A Virtual Symposium on Construction and Concrete Innovations will take place on Wednesday, January 26, from 10 a.m. to 6 p.m. Eastern time. A renowned group of international speakers are scheduled to discuss a wide range of innovations and alternative materials that can benefit the sustainability of concrete materials, mixtures and construction. New approaches to improve sustainability of cement-based materials, curb the environmental impact of concrete and reduce CO2 emissions to reach net-zero 2050 sustainability goals will be presented. The list of topics and speakers can be viewed here. There is no cost to attend. Register here to receive the zoom link for the event. 
Buildings
NRMCA is bringing the Concrete Design Center to the homebuilding community at the International Builders Show to be held in Orlando from February 8 through 10. The center, a feature of NRMCA’s Build With Strength initiative, offers free design recommendations on how to build with concrete. The NRMCA booth S2800 is right inside the South Hall of the convention center. It is with much sadness that NRMCA notes the recent death of former employee and longtime industry colleague John Wilson. Mr. Wilson died at the age of 91 on January 10. He was the oldest NRMCA ex-employee still active in the ready mixed concrete industry. Mr. Wilson was a staff engineer for NRMCA in the late 1950's when Association headquarters was in downtown Washington, DC. He received his master’s degree from the University of Maryland through the NRMCA Fellowship Program. He had an engineering consulting business for the last 30 years. Many local ready mixed concrete companies used his services, especially for NRMCA plant certifications. While at NRMCA he was awarded numerous honors from ASTM and ACI for his research. Mr. Wilson is predeceased by his parents, brother, and sister. He is survived by his wife, three children, seven grandchildren and nine great grandchildren. A celebration of life is being planned for a future date. Click here to read the full obituary. 
Government Affairs
The Coalition for a Democratic Workplace (CDW), of which NRMCA is an active member, has taken action on a number of significant labor policy issues. Last week, CDW sent a letter to the National Labor Relations Board (NLRB) objecting to Members Prouty and Wilcox participating in cases involving their former employer (the SEIU) and legal proceedings or rulemakings on the joint-employer standard. CDW also submitted an amicus brief in a pending NLRB case relating to make-whole remedies for employees and plans to file amicus briefs in cases relating to micro-unions, independent contractor status and employer work rules. The Biden Administration and a Democrat-controlled NLRB are reviving Obama-era labor policies that will negatively impact the ready mixed concrete industry. Last year, NRMCA led an industry grassroots effort to defeat the PRO Act, legislation that would effectively stack the deck against employers and inhibit their opportunity to respond to an organizing drive. For more information, contact Andrew Tyrrell at atyrrell@nrmca.org. NRMCA has joined dozens of business groups in sending a letter to Congress opposing the tax increases included in the Build Back Better Act. The letter cites recent estimates that show that more than $500 billion of the Build Back Better Act’s cost will fall on family businesses. The letter further urged Congress to reconsider significant spending at a time of historic inflation and urges Congress to instead address rising prices, labor shortages and ongoing supply chain issues. The letter comes at a critical time as the White House is reportedly looking to slim down the $1.7 trillion package passed by the House in the face of continuing opposition from Senator Joe Manchin (D-WV). The revised package could drop a number of the social spending programs that Sen. Manchin opposed, including the child tax credit and paid leave. The White House has, however, denied these reports. For more information, contact Andrew Tyrrell at atyrrell@nrmca.org. SEO
Last week, the Supreme Court halted enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The ETS would have mandated employers with 100 or more employees require their employees to either get vaccinated against COVID-19 or be subject to weekly testing. The court voted 6-3 in favor of issuing a stay of the rule and thus prohibiting OSHA’s enforcement of the ETS. However, the court did rule to allow a similar regulation to proceed for the healthcare industry. The ETS is now sent back to the lower courts to decide if outstanding litigation should proceed.
NRMCA has opened its annual member survey to measure regulatory action within the industry. The survey is used to determine regulatory trends on specific issues, issue types and in geographic regions. This year’s survey also includes specific sections related to COVID-19 regulatory enforcement. This information, while strictly confidential, will help NRMCA better tailor its actions to address and combat any such issues, and to keep a finger on the pulse of when, where, how and why regulatory agencies are targeting and levying enforcement actions against the industry. NRMCA urges you to take the survey at your earliest convenience; it will be open until 5 p.m. Eastern time on February 25. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org. Due to the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015, in August 2016 federal agencies were required to institute upfront “catch up” amounts to bring civil monetary penalties up to present day adjustments, since many penalties had been at levels set in 1990. The new law also requires those agencies moving forward to tie the penalty amounts to “inflation each year based on the Consumer Price Index.” Effective as of January 15, 2022, the Occupational Safety and Health Administration’s (OSHA) maximum civil monetary penalty increases are as follows:
Click here for OSHA’s penalties website. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org. Remember that starting February 1 employers must display their OSHA 300A log where employees have access to it. The summary log needs to stay posted until April 30, 2022. Click here for more information on OSHA recordkeeping requirements, here to access OSHA 300A forms and here for more information on required electronic submissions by March 2, 2022. For more information, contact Gary Mullings at gmullings@nrmca.org or Kevin Walgenbach at kwalgenbach@nrmca.org. The Emergency Planning and Community Right-to-Know Act (EPCRA) put into law in 1986 requires industries to report on the “storage, use and releases of hazardous chemicals (and materials) to federal, state, and local governments.” This specific reporting requirement under EPCRA is commonly referred to as Community Right-to-Know (CRTK) reporting, Tier II reporting and/or Section 311/312 reporting. The reporting deadline is March 1. Click here to learn more about EPCRA, chemical/material thresholds and how to report. For more information, contact Gary Mullings at gmullings@nrmca.org or Kevin Walgenbach at kwalgenbach@nrmca.org. 
Calendar
Please note that e-mail and direct links to each event listed below can be accessed from NRMCA's Web site. January 31 - February 2, San Antonio, TX *Sold Out January 31 - February 4, Linthicum Heights, MD February 8 - 11, Phoenix *Sold Out February 14 - 18, Online Course February 15 - 17, Online Course March 15 - 18, San Antonio, TX March 22 - 24, Smyrna, TN March 22 - 25, Boston April 4 - 8, Online Course April 19 - 21, Smyrna, TN April 19 - 21, Online Course September 29 - October 3, Aurora, CO 
On February 7, 2022, the rules to earn a CDL change; they could positively affect producers’ mixer driver operations. NRMCA conducted an hour-long webinar with the Federal Motor Carrier Safety Administration’s (FMCSA) two primary lead specialists about the initiative. The webinar starts with a deep dive into the key provisions of the 2016 ELDT final rule, including who is subject to it and what must done to comply with the rule. Equally important, it includes an in-depth overview of the ELDT Training Provider Registry (TPR). This new federal information technology (I/T) system allows driving schools as well as companies that have their own internal CDL schools to sign up as registered providers. As a registered providers, they will be able to submit their students’ proof of training. For more information, contact Eileen Dickson at edickson@nrmca.org. NRMCA will hold its Plant Manger Certification class in Boston on March 24 - 25. This course is industry-specific and concentrates on issues that challenge plant managers all across the county. The intense learning course 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 supervision and training of industry personnel. The NRMCA Plant Manager Certification is required for all Army Corps of Engineer and FAA jobs and is considered the industry gold standard of training for all ready mixed concrete plant managers. Click here for more course information and registration options. You may also contact Shawnita Dickens at sdickens@nrmca.org. 
Business Advancement
With COVID and subsequent variants still causing concern, Fundamentals of RMC Accounting, Finance, and Business Law: CCSP Module III, Business Knowledge will be held online February 14 - 18. This class stresses profitability when costing a job, including how to use break-even analysis, fundamentals, cash flow, fundamentals of contract law, collections and antitrust regulation. Each is critical for a producer to assure sales staff sell every cubic yard at the biggest, competitive margin. CCSP III is a required class in the STEPS Sales and Promotion program. The curriculum stands alone; attendees do not have to attend CCSP I or II before taking CCSP III. Click here for more course information, staff contact and registration options. 
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