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ODOT Posts DBE Commitments on Website
In order to increase transparency, OCA’s DBE Committee requested that ODOT post all bidders DBE Utilization Plans after their awards committee meeting. A new report has been developed and posted on ODOT’s website at the following webpage:
http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Commitments/Forms/AllItems.aspx.
Both primes and DBEs have requested this information – DBEs want to be assured that ODOT is not waiving goals, and prime contractors want to make sure they are aware of all possibilities that exist in order to meet the goals. If you have any questions or suggestions, please contact Chris Engle.
OSHA Delays Silica Enforcement
On April 6, the U.S. Occupational Safety and Health Administration (OSHA) announced that it will delay enforcement of the respirable crystalline standard for construction for three months—until Sept. 23, 2017. In its announcement, OSHA explained that the construction silica standard has a number of unique features warranting development of additional guidance and educational materials before enforcement begins. OCA’s national affiliate, AGC continues to believe that implementation of this standard is technically infeasible and continues to challenge it in court.
Although OSHA enforcement of the standard is delayed, the notice does not alter the compliance date of June 23, 2017. OSHA will not take enforcement action against contractors that fail to meet the standard on their sites between June 23, 2017 and Sept. 22, 2017, but legally, the standard will still be in effect.
While an interested group could file a lawsuit challenging the three month delay, that appears to be unlikely given the short duration of the delay and the broad enforcement discretion federal agencies—like OSHA—have traditionally enjoyed. OCA will keep its membership advised on any status change in the federal court challenge.
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