Regulatory Round-Up: A Review of Emerging Issues Impacting A/E Firms
Judicial Thunder Out of Ohio
The Wall Street Journal takes a look at an Ohio case involving Professional Engineers and the definition of responsible charge. The Ohio State Board of Registration denied TWISM Enterprises a Certificate of Authority to perform engineering services within the state because their engineer in responsible charge was an independent contractor and not a W-2 employee. Following a series of court cases, the Ohio Supreme Court ruled 7-0 that the regulatory board had overstepped its bounds and rewritten state law in its denial. To find out more about this case, click here.
AGC Calls for Updated State Highway Work Zone Policies
Current highway construction safety measures may not be sufficient to protect workers from drivers who are increasingly distracted and aggressive. The Associated General Contractors of America surveyed over 900 construction firms and found that worksites are as dangerous or more dangerous than they were a year ago, Engineering News Record reports.
Travelers Insurance sues Chicago and Chicago MWRD
A massive 2-day storm dumped over 8 inches of rain on Chicago May 15-17, 2020. Travelers Property and Casualty Insurance is now suing the City of Chicago and the Chicago Metropolitan Water Reclamation District alleging they mishandled floodgates on the Chicago River causing the City’s sewer system to back up and resulting in over $26 million in damages to the Willis Tower. Engineering News Record has the story.
The Chicago Tribune takes a look at how the recently completed “Deep Tunnel” project handled recent heavy rains.
OSHA Focuses on Fall Protection at Worksites
The Occupational Safety and Health Administration announced in early May a new focus on fall safety procedures particularly at construction sites. OSHA states that falls accounted for 13 percent of fatal workplace injuries in 2021.
Design and Construction Spending Increases Year over Year
The U.S. Census Bureau released new construction data showing a 3.8% increase in design and construction spending between March 2022 – March 2023. ACEC has more details.
ACEC Convention Looks at National Economy, Infrastructure
The recent ACEC Annual Convention brought national experts to speak about US economic and infrastructure issues. World Economic Forum President Borge Brende and former CNBC Chief Economist Marci Rossell downplayed fears of an impending recession in the United States saying things are looking better than they were a year ago. Brende stated the U.S. economy still accounts for 25 percent of GDP despite being only 5 percent of world population. Rossell noted that inflation rates have declined compared to last year, but that consumer spending has not despite a series of interest rate hikes by the Federal Reserve. Transportation Secretary Pete Buttigieg told attendees that there are currently 70,000 road projects and 4,600 bridge projects underway as a result of the Infrastructure Investment and Jobs Act.
ACEC Senior Economist Tom Grogan reviews the economy from the perspective of A/E firms over the last quarter, and makes predictions about what lies ahead.
3M Looks to Settle PFAS Claims
Engineering News Record reports 3M is making moves to settle lawsuits over the use of PFAS and subsequent contamination of drinking water. The news site states the settlement could exceed $12 billion. ENR also reported in late June that the company settled a single site contamination case in New Jersey for $393 Million.
Turkish Earthquakes Demonstrate the Importance of Building Codes and Appropriate Design Standards
Two earthquakes in Turkey and Syria earlier this year resulted in millions of dollars in damage, at least 60,000 deaths, and the failure of supposedly “earthquake safe” structures. PBS takes a look at the role lax building codes and lack of enforcement, along with an acute housing crisis, contributed to the catastrophe.
Northeastern Dail News provides analysis of the structures that collapsed, showing the importance of appropriate design and construction codes.
Managing Risk
Engineering News Record interviews Ingrid Merriwether on “insuring” success for diverse contractors.
Predicting the weather is difficult. Last fall NOAA’s Climate Mapping for Resilience and Adaptation released an updated website to assist contractors, insurers, design professionals and others mitigate risks related to natural disasters.
After witnessing an increase in legislation designed to eliminate or dilute professional licensure, a number of national organizations banded together to create the Alliance for Responsible Professional Licensing. Since then, ARPL has published research and information demonstrating the safety and economic benefits of professional licensure.
The ACEC Research Institute has made available for free research analyzing the benefits of the Qualification Based Selection Process for public and private sector design projects. Click here to download a copy of the report.
Have a client facing an indemnification issue? ACEC provides information and tools to help engineering firms navigate this issue.
Supreme Court Admissions Case Could have Broader Impact
The U.S. Supreme Court struck down affirmative action policies at Harvard and the University of North Carolina in late June. While this ruling only impacts college admissions, many design firms are anticipating similar cases targeting government contracting preferences for minority and women owned businesses. There will certainly be more to come on this issue.
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