September 30th marked the deadline for the Governor to act on measures sent to him in 2018. On the final day, the Governor signed the remaining two bills from NECA’s 2018 legislative package. In all, Governor Brown signed four of five NECA priority sponsored/co-sponsored/supported measures. Our continued success in improving the industry through pushing issues in Sacramento reflects your supports. Click here to view a brief summary of each new law (and the one bill that was vetoed).

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has updated the National Emphasis Program (NEP) on preventing trenching and excavation collapses in response to a recent spike in trenching fatalities. OSHA’s NEP will increase education efforts wile its inspectors will record trenching and excavation inspections in a national reporting system, and each area OSHA office will develop outreach programs.

The emphasis program began October 1st, with a three-month period of education and prevention outreach. During this period, OSHA will continue to respond to complaints, referrals, hospitalizations and fatalities. Enforcement activities will begin after the outreach period and remain in effect until canceled. OSHA-approved State Plans are expected to have enforcement procedures that are at least as effective as those in this instruction.

OSHA has developed a series of compliance assistance resources to help keep workers safe from trenching and excavation hazards. The trenching and excavation webpage provides information on trenching hazards and solutions.

With over 100 years of active support in the National Electrical Code (NEC) development process, NECA continues to be recognized as the leading voice of electrical contractors in the development of industry codes and standards. Because our members turn to us for these important updates, NECA has launched the first edition of its new digital subscription, the Codes & Standards Update.

This monthly update provides NECA member contractors and industry professionals with an email containing recent happenings in codes and standards and important announcements relating to job site rules and regulations, the NEC and NECA’s National Electrical Installation Standards (NEIS).

In a major victory for the union construction industry, Governor Brown has signed AB 1654 which we were strongly supportive of. This measure waives the California Private Attorney’s General Act (PAGA) within the construction industry for employees and employers covered by a valid Collective Bargaining Agreement (CBA) who agree to waive PAGA in the CBA.

Paga provides employees with a private right of action against a California employer in order to collect penalties on behalf of the state’s Labor and Workforce Development Agency (LWDA) for labor code violations.

Specifically, AB 1654 waives PAGA claims (authorized under California Labor Code Section 2698-2699.5) related to the Construction Industry for employers and employees that engaged in a CBA that expressly provides for:

• Wages, hours of work, working conditions, premium wage rates for overtime, and provides an hourly wage of not less than 30% more than the minimum wage.
• A grievance and binding arbitration procedure to redress violations.
• A waiver that addresses the requirements of PAGA in clear and unambiguous terms and authorizes the arbitrator to award any and all remedies otherwise available under PAGA (paying penalties to the state is specifically banned under the new law).

On Friday, September 14th, the San Joaquin Area Apprenticeship Coordinators Association held its 14th annual Construction Trades Fair at the NECA/IBEW Local 595 Training Center. Following months of planning, the event witnessed over 700 high school students from multiple Central Valley schools, receiving hands-on demonstrations in various crafts represented by the Building Trades. The students also received a presentation from our Local 595E Training Coordinator Garrett Greer on expectations of establishing a career in the trades.

In the electrical industry, counterfeits are estimated to be a multi-million-dollar problem. From circuit breakers that do not trip when they should to batteries without vents for built-up gases to grounding rods with only a fraction of the required copper coating, counterfeit electrical products fail to meet standards and pose risks of injury and even death. Furthermore, contractors may be liable if they install a counterfeit product, and for year, manufacturers have considered contractors the men and women on the front lines in the battle against counterfeiters.

On September 19th, join ELECTRICAL CONTRACTOR and Eaton in an investigation of counterfeit electrical products. Attendees will learn how to quickly identify at-risk and suspect packaging, extraneous marks and labeling, product modification, and how counterfeit products are sold. Attendees will also learn how today’s technology is being used to help contractors easily detect counterfeits in the marketplace, along with intuitive digital tools to assist contractors in the field. Click here to learn more and register today!

NECA will host a Student/Contractor Meet-and-Greet on Saturday, September 29th, at 3:00 PM during the 2018 NECA Convention in Philadelphia. Designed to meet your recruitment needs, this event will connect you with students and faculty from across the country to establish new relationships in an effort to build a pipeline of future electrical contracting industry workers. Please click here to register for this Meet-and-Greet by Tuesday, September 12th.

Last week, the NECA-supported National Defense Authorization Act of 2019 (NDAA), which includes a key provision requiring federal agencies to provide a notification to prospective bidders regarding their policies on change orders, was signed into law by President Donald Trump. Under the new law, federal agencies will be required to make public their payment practices and history of payment on past change order work. Click here to watch a video highlighting NECA’s legislative action on this bill.

The Occupational Safety and Health Administration (OSHA) released a set of 53 Frequently Asked Questions (FAQs) to provide guidance to employers and employees regarding the Respirable Crystalline Silica Standard for Construction.

NECA was involved in the formulation of these FAQs through its participation in the Construction Industry Safety Coalition (CISC), an organization made up of 25 trade associations that represents associations from all sectors of the construction industry committed to helping create safety construction job-sites for workers.

The development of the FAQs stemmed from litigation filed against OSHA by numerous construction industry trade associations challenging the legality of OSHA’s rule. OSHA has agreed to issue a Request for Information on Table 1 to revise the table to improve its utility. NECA will continue to look for ways to work with OSHA to improve workability of this significant rule.

NECA’s latest Value Added Service (VAS) opportunity with KEEN Utility, a safety footwear brand, is available to NECA Members, Chapters and Staff. The company produces job site and PPE-rated footwear, including over 20 styles made in America using materials sourced from around the world. NECA Member-Contractors will receive special offers on KEEN Utility safety footwear, plus free ground shipping! Visit www.necanet.org/KEEN to take advantage of this offer.

You can also visit www.necanet.org/vas to learn more about the discounts and services that NECA offers.