FEBRUARY 25, 2010 (02/24/2010)

STEP APPLICATIONS: STEP Applications for the Cornhusker Chapter are due by MARCH 1.  The link to the online application is www.abc.org/stepapp.  If you need assistance with your STEP Application please call Chris or Josh at 402-477-4451.  

ABC URGES HEALTH CARE REFORM STRATEGIES THAT LOWER COSTS:ABC Feb. 22 urged President Obama in an open letter to consider solutions to the health care debate that will lower costs without burdening taxpayers or impairing economic recovery.  The letter was sent in response to Obama’s health care proposal and in advance of the bipartisan health care summit to be held Feb. 26.

 

In the letter, ABC along with the nine other organizations that make up the Start Over coalition, listed seven strategies to create meaningful health are reform and urged solutions that are equitable and do not favor one group or constituency over another.  “We hope that this week’s bipartisan summit meeting will enable a fresh approach that can conquer the partisan divide and regain the confidence of the American public,” the letter stated.

The strategies listed by the Start Over coalition include insurance market reform to address the cost and availability of coverage; wellness/preventative incentives to encourage healthier behaviors; changing how we reimburse providers from a piecemeal approach to pay-for-service methods to increase accountability and decrease costs; adopting a health information technology infrastructure to reduce waste and fragmentation of care;  implementing comparable tax treatment for plans regardless of who purchases them; allowing greater competition across state boundaries through exchanges or multi-state purchasing; and reforming medical malpractice laws.  

OSHA PROPOSED RULE TO REQUIRE REPORTING OF MUSCULOSKELETAL INJURIES:The Occupational Safety and Health Administration (OSHA) Jan. 29 issued a notice of proposed rulemaking that would revise the OSHA Form 300 to include a reporting requirement for musculoskeletal disorders (MSD).  The proposed rule would amend OSHA’s recordkeeping regulation and, according to OSHA, would not require employers to implement any controls in the work place. 

Musculoskeletal disorders were first placed on the Form 300 by a rule issued in 2001.  It was subsequently rescinded in 2003 before it could become effective, as a result of a settlement between OSHA and employer groups.  The new proposed rule would implement requirements identical to the 2001 rule.  There is concern among employer groups that the data collected through this rule will eventually lead to mandatory ergonomics standards, although OSHA has insisted that the rule is not a precursor to eventual ergonomics regulations, and that the agency is merely restoring the provisions of the 2001 rule.  OSHA leadership has publicly stated that it has no plans to regulate ergonomics, citing its inability to explicitly regulate ergonomics without congressional approval.  However, OSHA is allowed to cite employers for ergonomics violations under the General Duty Clause of the Occupational Safety and Health Act, and the current administration has voiced an interest in doing so.  

SENATE PASSES BILL THAT INCLUDES PAYROLL TAX BREAK: The U.S. Senate Feb. 24 voted 70-28 to pass a $15 billion jobs bill that includes a one-year holiday from the Social Security payroll tax for hiring workers that have been unemployed for at least 60 days.  The vote came two days after five Republican Senators joined Democrats in voting to stop debate and move the bill toward a final vote.   

In a letter sent to all members of the Senate Feb. 19, ABC urged Senators to vote against cloture saying the provisions contained in the measure “will do nothing to create significant job growth in the construction industry or any other industry.”  ABC pointed out that simply providing tax incentives to hire new employees does not address the true problem in the construction industry – a lack of projects – and suggested improvements that could help create more work, including fostering a more business-friendly environment.

In the letter, ABC also called for the freeze on lending to be lifted and for development of a comprehensive energy plan to create jobs in upgrading and building new facilities and to create a stable, less expensive energy supply.  In addition, ABC noted that Davis-Bacon Act prevailing wage requirements should be lifted and project labor agreements should be prohibited.  “Any effort to stimulate the construction industry must use taxpayer dollars efficiently, and must award projects based solely on merit,” the letter stated.  The bill will now be considered in the U.S. House of Representatives. 

ABC’S ASK THE ATTORNEY:

Question:        What is the new Employer Medicaid Notice requirement?

Answer:          As a result of a law signed by President Obama in February 2009, the U.S. Department of Labor issued on February 4, 2010, a model notice for employers to provide required information on eligibility for premium assistance under Medicaid or the Children’s Health Insurance Program (CHIP).  The model notice is available at http://www.dol.gov/ebsa.

Who is Covered? 

            An employer providing benefits for medical care if that state provides medical assistance under a state Medicaid plan.  Nebraska is one of the 40 states that provides medical assistance under a state Medicaid plan.

 

Who Must Receive the Notice?

            The notice must be sent to each employee, regardless of enrollment status, of potential opportunities for premium assistance in the state in which the employee resides.

When Must the Notice be Given? 

            Employers are required to provide the notice by the date that is the later of (1) the first day of the first plan year after February 4, 2010; or (2) May 1, 2010.  For plan years beginning February 4, 2010 through April 30, 2010, the notice must be provided by May 1, 2010.  For employers whose next plan year begins on or after May 1, 2010, the notice must be provided by the first day of the plan year (January 1, 2011 for calendar year plans).  The notice may be provided by first-class mail.

What is the Penalty for Non-compliance?

            The Labor Secretary is authorized to fine employers as much as $100.00 a day for failing to comply with the notice requirement.  Each violation related to a single employee or beneficiary is treated as a separate violation. 

If you have any questions about the new employer Medicaid Notice, feel free to contact Jerry Pigsley of Harding & Shultz, ABC Chapter counsel, 434-3000, jpigsley@hslegalfirm.com.

  

Training Classes

Management & Safety Class Schedule

FEBRUARY & MARCH 2010

 

LEAD-SAFE PRACTICES TRAINING

After April 2010, a new federal law will require Contractors who perform renovation, repairs, and painting jobs in pre-1978 housing and child-occupied facilities to become EPA Lead Certified Renovators.  Lead safe work practices must be used during Lead Hazard Reduction, rehabilitation, and maintenancework that involves surfaces with presumed or identified lead-based paint.

ABC is pleased to announce that we are offering this training course that will enable Contractors and Renovators to satisfy the new Federal requirement:

When:       March 4, 2010

Time:         8:00 – 4:00 p.m.                                                

Where:      ABC Education Center

                   2602 Harney Street

                   Omaha, NE

Cost:        $175.00 per person

 

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

¨      March 4, 2010 - – 7:00 a.m. – 5:30 p.m. – LINCOLN

¨      March 11, 2010 -– 7:00 a.m. – 5:30 p.m. – NORFOLK

¨      March 18, 2010 - – 7:00 a.m. – 5:30 p.m. – OMAHA

¨      March 24, 2010 - – 7:00 a.m. – 5:30 p.m. – LINCOLN

¨      March 31, 2010 - – 7:00 a.m. – 5:30 p.m. – OMAHA

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.

¨  March 2, 9, 16, 2010 – 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

¨  March 10, 2010 – 7:00 – 11:00 a.m. – NORFOLK

¨  March 16, 2010 – 1:00 – 5:00 p.m. – OMAHA

¨  March 18, 2010 – 1:00 – 5:00 p.m. – LINCOLN

¨  March 30, 2010 – 7:00 – 11:00 a.m. – OMAHA

Mobile Crane Safety Training

A workshop for all managers, supervisors, operators and riggers – presented by the Crane Institute of America.  Participants will learn what the crane standards  consist of.  This five day class will involve classroom time and actual hands on operation.  At the completion of the five day class applicants will have the opportunity to be certified for all three cranes.

$895.00 for first person from ABC Member Company, $825.00 for each additional person from ABC Member Company

$1,300.00 for each person from Non-Member Company

$450 for each recertification

¨  March 22 – 26,  2010 – 8:00 a.m. – 4:30 p.m. - LINCOLN

 

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Omaha Classes are held at the Education Center, 2602 Harney Street, Omaha

Lincoln Classes are held at the Training Center, 830 Westgate Blvd., Lincoln

 

PLEASE DUPLICATE THIS FORM FOR MULTIPLE CLASSES

Company:                                                                                         Address:                                Phone:                                                                                              Fax:               

Names (please print):                                                                                               Class/Date:                                                                                                                                                               Cost:                                     

                                                                                                                                  Class/Date:                                                                                                                                                               Cost:                                     

Names (please print):                                                                                              Class/Date:                                                                                                                                                             Cost:                                    

Return Registration Form and Check Payable to Associated Builders & Contractors

830 Westgate Blvd., Lincoln, NE  68528    FAX 402-477-4522

Email-debh@abcnebraska.org

 


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