Scholarship Information Current News:
Urgent - Must Read:
- OSHA's Severe Violator Enforcement Program (SVEP)
This Instruction establishes enforcement policies and procedures which concentrate resources on inspecting employers who have demonstrated indifference to their OSH Act obligations by willful, repeated, or failure-to-abate violations. This Instruction replaces OSHA’s Enhanced Enforcement Program (EEP). - Administrative Enhancements to OSHA's Penalty Policies Memo 4-22-10
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.
February 10, 2010
Submitted by Lauren Garzik
Administrative Assistant
More Frequent OSHA Inspections And More Severe Fines
Under the new Administration, OSHA has added hundreds of new inspectors even as the
economy and construction activity has slowed down. Much of their attention will be directed at Stimulus funded projects, but every project will be impacted. Based upon the increase in the number of OSHA inspectors and the fact that vertical construction in New England is near an all-time low, underground utility contractors can expect that 50% or more of all OSHA inspections will be directed at them. More than ever before, OSHA will be performing “follow-up” inspections to assure that any violation cited has been resolved.
UCANE members need to understand that their projects are in plain view of the public, and as such, OSHA inspectors are required to stop when an open trench is observed. In addition, there is a National Emphasis Enforcement Program on trenching and silica which places inspectors on heightened alert.
To minimize citations and fines, UCANE strongly recommends that each firm develop an OSHA compliance program, OSHA training programs, and, in particular, a company-wide OSHA inspection response protocol. Do your employees know their rights and your company’s rights when an OSHA inspector arrives on your project? Who on-site or in the company is responsible for answering an inspector’s questions.
All contractors need to be aware that the sole difference between a serious citation and a willful violation could be an off-the-cuff answer given to an inspector’s question. Every contractor needs to protect their employees’ health and safety. Every contractor must have all the OSHA compliance documentation and must have trained their employees. Sometimes weekly tool box meetings are not sufficient. In addition, some companies are having their own safety personnel perform unannounced “safety inspections” of their sites on a daily basis in order to reinforce and emphasize the company’s “work safely” policy.
UCANE urges every contractor member to be in compliance. Please call our office if you need safety manuals or want to learn about our Excavation & Trench Safety and Confined Space seminars. It makes good sense to have every employee trained initially before they start work and to re-train them each year. The cost of training is a fraction of the cost of a single OSHA fine.Ucane to Hold OSHA Update Seminar on February 24th
Before the Spring construction season starts, it is imperative that your key staff and employees (both contractors and suppliers) who work on, or visit, a worksite during their daily activities, attend this seminar being conducted by Richard Wayne, Hinckley Allen & Snyder, to learn their responsibilities and obligations when visited by an OSHA inspector.
This seminar will be held at Lantana, Route 28, Randolph, MA on Wednesday, February 24th from 3:00 PM to 6: 00 PM and is a “MUST ATTEND” Seminar. Call the UCANE office to make your reservation.
“Potential Agreement” Reached On Usa/Canada “Buy American” Rules
The “Buy American” provisions, approved in the original $787B (now revised to $862B) economic stimulus package, required that all the steel and manufactured goods purchased with Stimulus funds be made in the USA, or in countries with U.S. agreements on government procurement.
For the last year, the USA and Canada have been at odds over “Buy American” rules in the
Obama Administration’s Stimulus package.
Previously, Canada had provided the USA with supplies for water, wastewater and other building projects, but the Stimulus Program requirements were about to stop this flow.
A potential agreement is imminent which will allow Canadian products to be used in Stimulus projects. Canada may also get access beyond the Stimulus to supply 37 states in the World Trade Organization’s Government Procurement Pact.
In return, Canada promised that the USA can gain long-term access to their provincial markets,
as well as to some local markets through September 2011 when the Stimulus funding is expected to end.
EPA Expands Protection of Coastal Waters’ “No Discharge Area” to Maine Communities
The Maine coastal communities of Camden, Rockport, Rockland, and portions of Owls Head have joined several other Maine coastal towns by protecting their coastal water quality with a “No Discharge Area” designation.
This status prohibits the discharge of treated and untreated boat sewage in these areas. Boat
sewage can lead to health problems for swimmers, closed shellfish beds, and the overall
degradation of marine habitats.
“A clean environment is one of the bedrock foundations for vibrant, healthy and prosperous
communities,” said Curt Spalding, Regional Administrator of EPA’s New England office. “Clean
coastal water means more days when people can enjoy the beach in the summer, healthy
shellfisheries and a resilient tourist economy.”
Other coastal waters in New England designated as “No Discharge Areas” include:
- All state marine waters of Connecticut, Rhode Island and New Hampshire;
- In Maine: Boothbay Harbor and Casco Bay, marine waters off Mount Desert Island, Southwest Harbor, Cranberry Isles and portions of Tremont; coastal waters of Kennebunk, Kennebunkport, and Wells Beach;
- In Massachusetts: Harwich, Waquoit Bay, Nantucket Harbor, Wellfleet, Barnstable, and Buzzards Bay (including Wareham and Westport), Plymouth/Duxbury/Kingston, Scituate/Marshfield/Cohasset, Salem Sound, Boston Harbor, Cape Cod Bay and Revere/Saugus/Lynn/Nahant/Swampscott.
MA House Eyes Jobless Insurance Rate Freeze
The Herald News – Posted Feb 10, 2010
Now three years old, the recession continues to wreak havoc on the local and national economies, forcing many businesses to close their doors, pushing countless others to the brink of collapse and rocketing the unemployment rate into double digits.
Some reports indicate the economy has hit rock bottom and recovery is slowly under way. Tell that to the small businesses that make up the backbone of the economy. Small companies, lacking the robust reserve accounts larger corporations may amass during the good times, are always hit hardest when the economy declines. Many have been forced to lay off employees as they deal with reductions in sales, the ever-increasing cost of utilities and overhead, and the inaccessibility of credit that’s so critical to maintaining their operations.
As of Jan. 1st, Massachusetts companies are facing yet another fiscal challenge, one that, for many, could just be the tipping point.
“It’s like, what else?” said Linda Baker, owner of Baker Sign Works on Pleasant Street. What if businesses go out of business because of this? It seems like they’re working the wrong way.”
Indeed, a steep increase in the fee businesses must pay when they’re forced to lay off workers seems to run counter to the very goal of laying workers off: To save money and prevent the company from going under. Yet on Jan. 1st, the tax companies must pay into the commonwealth’s unemployment fund increased by more than 40 percent. That’s an average increase of $252 per laid-off employee, for a total of $852 per layoff, a sum that can increase quickly, particularly for a company forced to significantly reduce its work force.
Not only does the increased tax threaten the employment of remaining workers at struggling companies, it mitigates the savings realized from layoffs, prolonging the fiscal pain and pushing the financial recovery further into the future.
Fortunately, a proposal making its way through the Legislature recognizes that making it even harder for companies to do business is not in anyone’s best interest. The bill, approved by the State House last week, would freeze the unemployment tax rate at 2009 levels and would take effect immediately, before businesses are scheduled to make a quarterly payment. To make up for the $300 million the increase would have generated, the bill calls for the Commonwealth to borrow interest-free from the federal unemployment fund. The Senate and Gov. Deval Patrick now must sign off on the legislation, which they both should quickly complete.
While borrowing isn’t ideal either, it’s better than further burdening small businesses that are already struggling. And the notion that the tax increase could write the epitaph on companies’ gravestones is not mere rhetoric, according to the Fall River Area Chamber of Commerce and Industry. Particularly in cities like Fall River and New Bedford – where the unemployment rates have soared to nearly 17 and 16 percent, respectively – companies have been forced to lay off significant portions of their work forces and would be subject to an exorbitant – perhaps backbreaking – increase. “Businesses are scared out of their wits,” said Chamber President Robert Mellion, noting that 50 Chamber member businesses shut their doors last year.
More are likely to follow unless banks release some financing and the government adopts more business-friendly practices. Freezing the unemployment tax rate is a good place to start.
Gloucester Readies for Treatment Plant Upgrade and CSO Work
Gloucester appears to be a City that has prioritized the needs of its residents and has made clean drinking water and sewage pollution control a top priority.
Much water and sewer infrastructure work is on-going, with $8M in drinking water projects and $5M in Combined Sewer Overflow (CSO) work and more than $20 million in new work awaiting city approval.
The EPA has mandated that the City make $13M in improvements to its primary sewage treatment facility, the George P. Riley Wastewater Treatment Plant, as it has been plagued by equipment failures and occasional sewage overflows into the Annisquam River. The Plant also provides some sewage treatment for the Towns of Essex and Rockport.
In addition, the EPA is requiring the City to spend $7M on their CSO system which is currently undergoing improvements. The new CSO work will concentrate on the inner harbor from St. Peter’s Park to Harbor Loop and the West End of downtown.
DEP’s Recently Promulgated Regulations
Name & Citation of Regulation(s): Massachusetts Drinking Water Regulations – 310 CMR 22.00
Brief Explanation and Rationale for Changes: The major focus of these revisions was to incorporate Federal Safe Drinking Water Act amendments into the Massachusetts Drinking Water Regulations. These amendments include one new rule, the Ground Water Rule (GWR), and minor revisions and corrections to the Lead and Copper Rule (LCR). The GWR is intended to increase protection against potential viral contamination in public water systems (PWS). The majority of PWSs will be required to test their source water and if necessary install or increase treatment. LCR revisions include changes to content and delivery of public education materials, compliance calculations, and monitoring and reporting requirement. The GWR applies to all public water systems using groundwater sources (1,400 PWSs) and the LCR applies to all community and non-transient non-community systems (800 PWSs).
Framingham Sewer Approval Helps $150m Tech Park Development
Just how important an operating sewer system is to the future economic development in Framingham was answered as residents at Town Meeting voted to fund a $1.4M sewer project. Their votes in the affirmative allowed a large and still controversial development project to proceed over what had been an important hurdle towards its final approval.
Developers of the $150M Tech Park development have promised residents that the project will create over 1,200 jobs and significantly more in additional tax revenue over the next few years than the cost of the sewer work. The Tech Park area is plagued by sewer problems and the sewer system handling the flow is near, or at capacity from the existing customers.
Tel: (617) 471-9955 • Fax: (617) 471-8939 • 300 Congress Street, Suite 101 • Quincy, MA 02169