Scholarship Information < Archived News:
UCANE E-News
April 26, 2010
Submitted by Lauren Garzik
Administrative Assistant
Heads Up: OSHA Gunning To Jail Execs And Managers
Fines pale in comparison to handcuffs
Watch out! Legislation in congress to boost osha fines would also increase the likelihood of criminal prosecution for safety violations and put more managers at risk for being held criminally responsible – and even sent to jail.
Two short phrases are key to these big changes in osha law:
“any officer or director”
The protecting america’s workers act (pawa) would change who can be held liable for safety violations from “any responsible corporate officer” to “an officer or director.” Currently, only a corporation or sole proprietor can be held liable for criminal charges in connection with safety violations. The new language would enable prosecution of high-level managers as well. Penalties would include prison.
The coalition for workplace safety, a group of associations including the u.s. Chamber of commerce, the national association of manufacturers, and the associated builders and contractors, opposes the language. It says this proposed change would “have a chilling effect on how employers dedicate staff and resources that maintain safety programs.”
“willful” to “knowing”
Another change would ease the threshold for pursuing criminal penalties for workplace safety violations. Currently, violations must be “willful” to trigger criminal prosecution. Willful means the employer knew the actions were wrong and knew they were against the law. The act would change “willful” to “knowing.”
Knowing still means the company knew it was doing something wrong. However, it doesn’t necessarily require knowledge the action was also against the law. In other words, it would be much easier for federal prosecutors to file criminal charges against a company in situations where workers were killed or seriously injured.
In testimony before congress, osha administrator david michaels voiced support for the language change because it would ease the burden of proof for a criminal violation under the pawa act. The coalition opposes this language, saying it would increase litigation over osha fines and disrupt the cooperative approach between osha and employers.
Reprinted from safety compliance alert
Info: you can read the entire pawa at snipurl.com/hr2067, and for more information on the coalition, go to workingforsafety.com.
UCANE’s Three Bills Released Favorably
Ucane’s 2010 bills relative to cost adjustment, interest on retainage and dig safe were all favorably reported out of committee. This is only step one, with further action by the house and senate necessary for passage.
The cost adjustment bill basically acknowledges that some construction materials may vary over the life of a project at a price (higher or lower) for which the contractor has no control. This bill has many similar requirements that have already been approved for mass. Highway (mh) projects.
The interest on retainage bill is just a fairness issue. When a contractor satisfactorily completes a project and his retainage is held by the owner, the contractor is owed interest on the money retained.
Dig safe bill would clarify emergency excavations, hand excavations, and dispute resolution measures.
REO Requirements In Local Contracts
Massachusetts public construction projects will cost more after some municipalities impose restrictive and costly requirements. These ordinances assuredly will raise the project costs as a result of new administrative requirements and by reducing competition as fewer companies will be able to meet the requirements.
Apparently nothing, has stopped some municipalities from trying another “end-run,” including UCANE’s successful Summary Judgment against the Cities of Worcester and Lowell “Residency Requirement” on public works projects…(including the payment by the City of Worcester of UCANE’s legal fees.)
Recently the Cities of Taunton and Springfield imposed Responsible Employer Ordinances (REOs) on their public works projects, which are funded by federal, state and local monies. UCANE has sent letters to city officials opposing the ordinances which carry fines, payment withholding terms, contractor debarment, and compensatory damages for non-compliance.
A quick review of Springfield’s REO shows the following minimum requirements of the total project hours worked by the “contractor”…35% Springfield residents; 20% minorities; 5% women; 5% apprentice.
New Bedford and Freetown were set to impose REOs, but after learning about the strong opposition to these requirements, they both postponed implementation until further discussion. In addition, Fall River and Somerset are discussing, or will try to impose their own REO requirements. UCANE and others have sent letters to municipal officials informing them of our opposition. UCANE’s position remains that REOs are illegal and unconstitutional.
UCANE Requests Clarification Of Apprentice Wage Rates
UCANE’s legal team, headed by Richard Wayne, (Hinckley, Allen & Snyder) is in discussions with the Massachusetts Division of Occupational Safety, Executive Office of Labor & Workforce Development regarding the calculation of prevailing wage rates for apprentices.
The Stimulus (ARRA) funds allocated to the states requires that an aggressive Apprentice Employment Program be established when Stimulus monies fund a project. The issue being discussed is the present language which “does not segregate wages from benefit contributions on schedules issued by the Commissioner”.
MA DEP Asbestos Pipe Regulations (310 CMR 7.15)
UCANE is reviewing a draft of the MassDEP’s Asbestos Cement Pipe (ACP) Guidance document with the intent of clarifying suggested regulations. Presently there is a notification period of 10 working days, and it is a violation to remove any ACP prior to the end of the 10 day period unless a waiver is received. In general, the current language is based on vertical construction…UCANE is working with the DOS and DEP to seek more realistic regulations for horizontal construction.
CWCC WASHINGTON, DC FLY-IN
The Clean Water Construction Coalition, of which UCANE is a founding member, now includes 26 of the most powerful and prominent Underground Construction Associations from across the Country, representing more than 10,000 companies. Members from each Association will fly into our nation’s Capital on May 25th and 26th to hold meetings with key Senators and Reps to discuss the nation’s water and sewer infrastructure needs, and plan a strategy for increasing the federal contribution to the State Revolving Fund (SRF) Program for 2011 and beyond. This includes efforts to pass S.1005, (the Clean Water Act Reauthorization), and the Federal 2011 FY SRF Appropriations Bill. The five UCANE members who will attend the Washington, D.C. meetings include, Joe Pacella, Marco Gioioso, Chris Walsh, Vin Barletta, and Phil Jasset.
Western Mass – Site Of UCANE’s April Board Meeting
At the request of UCANE Board member Jerry Gagliarducci, our April Board of Directors Meeting was held in Ludlow, MA so that members, guests and prospective members could attend and hear, first-hand, the full agenda of construction-related items that are discussed.
In total, fifteen UCANE members attended along with our lobbyists Anne Lynch and Mark Molloy of Lynch Associates, and Attorney Richard Wayne, UCANE’s legal counsel from Hinckley, Allen & Snyder. The meeting resulted in two companies joining the UCANE family and at least two more companies expressing their intent to join.
UCANE…MHA…NBM, and Worcester County Share Mutual Interests
As more and more UCANE members have the opportunity to meet and talk with members from Mass. Highway Assn., Norfolk/Bristol/Middlesex Assn. (comprised of 102 cities and towns), and Worcester County Highway Assn. (comprised of 66 cities and towns, many of whom are the DPW Directors responsible for water, sewer and highway projects for their towns); and many of our critical legislative issues overlap, all of the Associations believe that it would be beneficial to work together in an effort to get to know each sides position on issues of mutual interest.
While UCANE maintains a working relationship with MHA, NBM, and WCA, we would suggest that UCANE members consider joining one or more of these groups, and attending their meetings in an effort to meet and discuss issues that affect everyone involved. The annual membership fee is $100 for each Association. (If you would like a membership application, please call Lauren at the UCANE office.)
Scholarship Awards Night
On Thursday evening May 20th, UCANE will hold its Annual Scholarship Awards Night at the Four Points by Sheraton Hotel in Norwood, MA. New England Patriots All-Star Wide Receiver, David Patten, who recently resigned with the team, will be our keynote speaker.
This year there were over 60 High School seniors who applied for scholarships. A total of ten $2000 scholarships will be awarded to college bound seniors, who are the sons and daughters of our members and their employees.
Tel: (617) 471-9955 • Fax: (617) 471-8939 • 300 Congress Street, Suite 101 • Quincy, MA 02169