U.S. Department of Labor’s Semiannual Agenda Prioritizes Workers and Businesses
T he U.S. Department of Labor (DOL) has announced its latest Unified Agenda of Regulatory and Deregulatory Actions, a semiannual report that details the Trump administration’s planned regulatory changes. The agenda includes nearly 150 proposals aimed at reducing burdens on businesses and workers, aligning with the administration’s goal to prioritize American jobs and economic growth.
Key proposals from the DOL’s agenda include:
- Employee and independent contractor classification: Reviewing the criteria used to determine if a worker is an employee or an independent contractor under federal wage and hour laws.
- Joint employer status: Examining the conditions under which a business can be held liable as a joint employer.
Overtime and minimum wage exemptions: Considering updates to the salary thresholds for certain employees to be exempt from minimum wage and overtime pay requirements. - Retirement plan investments: Scrutinizing the role of environmental, social and governance (ESG) factors in retirement plan investment decisions by fiduciaries.
- Transparency in health-care costs: Proposing new rules to improve transparency around the fees collected by pharmacy benefit managers (PBMs) and to provide consumers with clearer pricing information for medical services.
- H-2A agricultural worker program: Rescinding certain requirements for employers who use the H-2A program for temporary agricultural workers.
- Heat injury and illness prevention: Continuing to explore the development of new standards to prevent heat-related injuries and illnesses for workers in indoor and outdoor settings.
The New Way to Pay for a Trade Career: Using Your 529
Recent changes to 529 savings accounts make them a powerful tool for those pursuing a career in construction, skilled trades or other licensed professions. These accounts, traditionally used for college tuition, can now fund a variety of post-secondary and professional development programs.
Here’s how you can use a 529 account for a career in the trades:
- Apprenticeship programs: You can now use 529 funds to pay for certificates from registered apprenticeship programs. These programs provide hands-on training and classroom instruction, a practical path to a gainful career.
- Professional licenses and credentials: The costs associated with obtaining or maintaining a professional license, which is often required for trades, are now eligible expenses. This also includes credentials from national organizations that set industry standards.
- Programs for veterans: The COOL (Credentialing Opportunities On-Line) program helps military personnel and veterans translate their service experience into civilian credentials, which frequently involve skilled trades.
The Challenge of Fire Resistance in Cold-Formed Steel Structures
A new white paper from the Steel Framing Industry Association (SFIA) addresses the challenge of maintaining continuity of fire resistance in cold-formed steel (CFS) construction while ensuring structural integrity.
The paper, titled “Frequently Asked Questions Regarding Continuity of Fire Resistance in Cold-Formed Steel Structures” (SFIA F101-25), written by Robert Grupe, focuses on how to meet the requirements of the International Building Code (IBC) for fire walls, fire barriers, and fire partitions.
Key points from the paper include:
- The Conflict: A literal reading of fire-resistance codes might require placing a layer of gypsum wallboard between steel elements, which would compromise the necessary steel-to-steel contact for structural load transfer. In such cases, structural requirements take precedence.
- Three Continuity Options: The IBC outlines three distinct conditions for continuity, each with its own structural implications for CFS framing:
- Fire Walls: Must run continuously from the foundation to or through the roof, creating two separate buildings. They are typically nonstructural, flanked by load-bearing walls.
- Fire Barriers: Extend through floor framing cavities, requiring solutions that maintain both structural load paths and fire continuity.
- Fire Partitions: May terminate at the underside of a floor/ceiling assembly, but the structural load path must still be established.
- Why It Matters: Understanding the nuances of these code requirements is crucial for designers and contractors to avoid costly redesigns and delays. Solutions must be acceptable to the authority having jurisdiction (AHJ).
- The full white paper provides detailed definitions, illustrations, and practical considerations to help the design, engineering, and inspection teams coordinate effectively.
Download the white paper here: https://buildsteel.org/report-faq-continuity-of-fire-resistance-in-cold-formed-steel-structures.
U.S. Department of Labor Updates Penalty Guidelines and Eliminate Workplace Hazards
The U.S. Department of Labor (DOL) has revised its penalty guidelines for the Occupational Safety and Health Administration (OSHA) to better support small businesses and encourage quicker resolution of workplace hazards. These changes aim to make it easier for small employers to comply with safety regulations and focus their resources on creating a safer work environment.
Key Changes to OSHA Penalty Guidelines
The updated policy, effective immediately, introduces several key adjustments to how penalties are assessed:
Increased Penalty Reductions for Small Businesses: The eligibility for a 70% penalty reduction, previously limited to businesses with 10 or fewer employees, now extends to companies with up to 25 employees. This change is designed to reduce the financial burden on small employers, allowing them to invest more in safety compliance and hazard abatement.
Credit for Prompt Hazard Correction: Employers who immediately take action to fix or address a hazard are now eligible for an additional 15% reduction in their penalty.
Expanded Reduction for Employers with Good Compliance Records: The policy expands penalty reductions for employers with no history of serious, willful, repeat or failure-to-abate OSHA violations.
- Employers who have never been inspected by federal OSHA or an OSHA State Plan are eligible for a 20% penalty reduction.
- Employers inspected within the last five years who had no serious, willful, or failure-to-abate violations are also eligible for this 20% reduction.
Deputy Secretary of Labor Keith Sonderling emphasized that these adjustments ensure small businesses are not penalized as severely as larger companies with more resources, supporting entrepreneurs while still holding them accountable for worker safety.
These new guidelines apply to open investigations where penalties haven’t been issued yet. However, penalties issued before July 14, 2025, will remain under the old structure. OSHA reserves the right to withhold penalty reductions if they don’t align with the goals of the Occupational Safety and Health Act.
Learn more at the www.osha.gov/news/newsreleases/osha-national-news-release/20250714.
Trump’s Tariffs: A Guide for the Construction Industry
President Donald Trump’s ever-changing tariff policies are projected to significantly impact the housing and construction markets. New tariffs on materials from Canada, Mexico, and China—including a 50% tariff on steel and copper and a 25-35% tariff on lumber—are expected to increase costs and decrease the number of new projects.
According to Calum Mair, commercial director North America for EPD, a supplier of machinery parts, businesses need to be proactive to survive this volatile market. Mair outlines several strategies for businesses to navigate these challenges:
Diversify the Supply Chain: Reduce dependence on foreign imports by sourcing materials domestically or from countries with lower tariff rates. Businesses should also consider stockpiling essential materials to prepare for potential price hikes and supply chain disruptions.
Master Cash Flow Management: With interest rates remaining uncertain, businesses should prioritize cash flow management and explore alternative funding options to reduce reliance on loans. Locking in favorable rates and staggering project timelines can also help mitigate financial risks.
Prioritize Equipment Maintenance: Proactive, preventative maintenance of machinery can help avoid costly breakdowns, project delays, and the need for expensive replacements. This practice helps control costs and keeps projects on schedule.
Mair emphasizes that by diversifying supply chains, practicing proactive financial planning, and prioritizing equipment longevity, construction businesses can combat the negative effects of these new tariffs and market uncertainties, ensuring the stability and success of future projects.
