As of Oct. 1, a record 2,196 ABC contractor members had applied to participate in the STEP program and more than 35 percent of those applications were for Platinum status – the highest level achievable in STEP.  ABC's STEP program evaluates applications based on safety performance and the applicant’s score on the “20 Key Components,” ABC’s innovative safety evaluation system and awards them either Bronze, Silver, Gold or Platinum status.  To complete a STEP application, a member company needs their current OSHA 300 and 300A forms.

In addition, by participating in the STEP program, ABC member companies become eligible to apply for Accredited Quality Contractor status and STEP Platinum recipients are eligible to apply for the prestigious National Safety Excellence Award, presented annually at the Excellence in Construction Awards ceremony in Washington, DC.

 OSHA ISSUES GUIDANCE FOR CONSTRUCTION WORKERS IN HIGHWAY WORK ZONES: The Occupational Health and Safety Administration (OSHA) Oct. 20 released a formal letter of interpretation that now requires workers in all highway and road construction zones to wear high-visibility garments in two specific circumstances: when working as flaggers and when exposed to public vehicular traffic in the vicinity of excavations.

“Road and construction traffic poses an obvious and well-recognized hazard to highway/road construction work zone employees,” said Richard Fairfax, OSHA’s acting director for the directorate of construction.  “[H]igh-visibility apparel is required under the [Occupational Safety and Health Act’s] General Duty Clause to protect employees exposed to the danger of being struck by public and construction traffic while working in highway/road construction work zones.”  The revision of the interpretation stems from an Occupational Safety and Health Review Commission ruling, which found that a 2004 interpretation letter stopped short of requiring that high-visibility garments be worn in all highway and road construction work zones.  With this revision, OSHA now more clearly requires construction workers in all highway/road construction work zones to be protected from road and construction traffic by wearing high-visibility garments.  

 DATA NOW AVAILABLE FOR STIMULUS-FUNDED PROJECTS: The Recovery Accountability and Transparency Board Oct. 15 posted data on projects funded through direct contracts from federal agencies under the American Recovery and Reinvestment Act of 2009 (ARRA).  Data for projects funded by grants, state-issued contractors, loans and other forms of assistance will be available on Oct. 30. 

Provisions in ARRA require that recipients of funding report the amounts received and spent and give project status updates.  In addition, ARRA requires that recipients report the number and type of jobs created or saved by the funding.  The posted information reflects data received from recipients of ARRA funding that were required to enter information about their projects on the federal stimulus tracking website by Oct. 10.   The reporting period covered data gathered between the date when the funding was awarded and Sept. 30.

To view the data, visit www.recovery.gov.

UNION ORGANIZING UPDATE: Recently, the United States Court of Appeals for the Ninth Circuit enforced a decision of the NLRB against a roofing supply company.  The Roofers Union won a December 2005 election to represent approximately 60 workers and was certified as the bargaining representative in August 2006.  The company refused to bargain in order to test the certification.  The union filed ULP charges before and after the election and one of the ULP charges claimed that the company illegally fired 20 workers because of their union activity.  The company entered into a formal settlement agreement calling for reinstatement of the fired workers and payment of specified amounts to each worker.  The company later refused to comply with the settlement claiming that some of the workers were unauthorized and that rehiring them would violate federal law.  The Circuit Court agreed that the company did not need to rehire illegal workers and that the NLRB must “absolve” the company from the “obligation to rehire that person” upon receiving “proper proof” from the company that the individual was an unauthorized alien.  However, the company was obligated to pay the back pay amounts specified in the settlement agreement.  This decision is a reminder to all construction industry employers that while federal law may prohibit the rehiring of workers fired during a union organizing drive if those workers are illegal aliens, the status of the worker as an illegal alien does not rescind the obligation of an employer to pay back pay if the termination was a violation of the NLRA.  Termination of workers during a union organizing drive should be carefully analyzed and documented and discussed with the company’s labor relations counsel before the termination is implemented.                         By Bill Harding, Chapter Attorney

FREE SEMINAR ON FAIR LABOR STANDARDS ACT (WAGE / HOUR): ABC member, Woods & Aitken LLP,  invites fellow ABC members to attend a free seminar on the Fair Labor Standards Act (Wage / Hour) at the Omaha Marriott, 10220 Regency Circle, Omaha, Nebraska on November 6, 2009.  Registration beings at 7:45, and the presentation will go from 8:15 to 10:30.

The seminar will provide an overview of issues under the FLSA, and it will also focus on compliance in challenging economic conditions where employers are looking at ways to reduce their payroll expenditures and potentially reduce the number of hours worked by employees.  Seating is limited, so please RSVP for the Seminar by calling Lyndsey at 402-898-7400 or emailing her at lreddish@woodsaitken.com.

Training Classes

Management & Safety Class Schedule

NOVEMBER & DECEMBER 2009

OSHA 10 Hour Class

OSHA requires a competent person on all job sites.  This course ensures that your people have the necessary training to comply with OSHA standards CFR 1926.32(f) for a competent person. Training includes OSHA Construction Standards CFR 29 1926, Scaffolds, Ladders and Stairways, Housekeeping, Personal Tools, Electrical Hazards, Fall Protection, Materials Handling, Hazardous Communications and much more!

**CFR 192 OSHA Regulations Book for the Construction Industry with new steel erection standards will be available for $25.00** each for class participants.

$135.00 each attendee – Member Price/$240.00 each attendee – Non-Member Price

¨  November 10, 2009 -  7:00 a.m. – 5:30 p.m. – OMAHA

¨  November 19, 2009 – 7:00 a.m. – 5:30 p.m. – NORFOLK

¨  December 3, 2009 – 7:00 a.m. – 5:30 p.m. – KEARNEY

¨  December 10, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA

¨  December 11, 2009 – 7:00 a.m. – 5:30 p.m. – LINCOLN

30 Hour OSHA Class

Federal Law requires each company have a designated trained safety coordinator.  This will give your foremen, supervisors, safety directors or safety coordinators the expertise to comply with all OSHA and State requirements.  This is an in-depth look at CFR 1926 and 1920 and NE 757 as they affect construction. Price includes study materials

$395.00 each attendee – Member Price / $595.00 each attendee –Non-Member price.

¨  November 24, December 1, 8,  2009 – 7:00 – 5:30 p.m. - LINCOLN

First Aid/CPR Classes

$50.00 each attendee – Member Price/$60.00 each attendee – Non-Member

Recertification only - $40.00 each attendee – Member Price/$50.00 each attendee – Non-Member Price

¨  November 4, 2009 – 7:00 – 11:00 a.m.. – LINCOLN

¨  November 6, 2009 – 1:00 – 5:00 p.m. – OMAHA

¨  November 17, 2009 - 7:00 – 1100 a.m. – OMAHA

¨  November 18, 2009 - 7:00 – 1100 a.m. – NORFOLK

¨  November 20, 2009 – 7:00 – 11:00 a.m. – LINCOLN

¨  December 2, 2009 – 7:00 – 11:00 a.m. – KEARNEY

¨  December 8, 2009 – 7:00 – 11:00 a.m. – LINCOLN

¨  December 9, 2009 - 7:00 – 1100 a.m. – OMAHA

Forklift Training

The OSHA standard 29CFR1926.602(d)requires employees who operate forklifts be trained in both the classroom and through a practical exercise on the type of equipment that they will be running in the field.

$125.00 each attendee – Member Price/$200.00 each attendee – Non-Member Price

¨  November 11 & 12, 2009 - 7:00 a.m. – 11:00 a.m. – OMAHA