10. Official Strategies / Guidelines // Rules / Regulations
Return to March 2021 update
90% of employers could look to require vaccines for office return.[104] Contractors consider COVID-19 vaccine incentives for hesitant workers. Not many construction firms are considering making vaccination a requirement, with the exception of those contractors that work in the healthcare industry. The Equal Employment Opportunity Commission’s position has generally been that employers can mandate that their employees get the vaccine, but the commission also acknowledges that such a rule would require them to navigate federal laws. Most contractors, though, are opting for a soft-yet-firm approach to the issue with policy phrasing that includes language such as “we expect you to” get a vaccination. Contractors should consider consulting with an attorney before implementing an incentive program to ensure that it does not violate regulations.[205] CDC has updated its checklist for construction employers during the COVID-19 pandemic, and has asked contractors to consider the mental health and wellbeing of their workers. [393] Supply chain issues brought attention to a lack of regulatory mechanisms to protecting the public from those who attempt to exacerbate and profit from the current situation. [188][394] Nashville lawmakers propose bill to make construction safer. [204] On-site workers are at increased risk for COVID-19 because the Occupational Safety and Health Administration (OSHA) is not providing the level of oversight needed to keep them safe - compared to 2019, OSHA received 15% more complaints overall but conducted 50% fewer inspections, primarily to reduce the level of person-to-person contact during the pandemic. Establishment an infectious disease-specific emergency temporary standard is discussed to help control the spread of COVID-19 on worksites. [395][396] OSHA launches COVID-19 National Emphasis Program, prioritizes onsite inspections. [397][398] NYC pilots video inspection program. The International Code Council published a series of guidelines and recommendations for agencies to follow and rapidly adopt the practice of virtual inspections of construction sites while maintaining COVID-19 guidelines. [256] Virginia becomes 9th state to create a worker protection unit - imposed regulations that make general contractors liable for subcontractor employee wages and require employers to issue standardized pay statements to their workers. [234]
The need for global cybersecurity standards is discussed. Specifically, for AEC, cybersecurity for OT/IT should be regulated. “If there were more best practices and self- policing, less regulations would be needed”. [203][299] Based on Schrems II ruling, the European Data Protection Board (EDPB), the cooperation forum for European data-protection regulators, recently issued a draft guidance for companies, and the European Commission published a draft update of the standard contractual clauses to be used in personal-data-transfer situations to recipients outside the European Union. Organizations have a year after the final adoption of the European Commission’s decision to come into compliance, or they risk fines of up to 4% of worldwide revenue, in line with provisions of the General Data Protection Regulation (GDPR). The issue has strategic implications affecting business operations, IT infrastructure, marketing, HR, research and development, and other functions. [307] Quick adoption of AI is bringing debate surrounding ethics, governance and regulations. [271]