ABC CALLS HEALTH CARE BILL AMENDMENT IRRESPONSIBLE AND DISASTROUS: ABC Dec. 22 opposed the Patient Protection and Affordable Care Act (H.R. 3590) which contains an amendment proposed by Sen. Jeff Merkley (D-Ore.) that excludes construction firms from small business exemptions. The U.S. Senate Dec. 24 voted 60-39 to pass the bill. Language in the Merkley amendment(submitted only hours before final passage) singles out the construction industry by requiring firms with an average of five or more employees during the previous year and whose annual payroll expenses exceed $250,000 to pay for health insurance for their workers or be subject to a federally imposed fine of $750 per employee. Comparatively, H.R. 3590 generally exempts other small businesses with fewer than 50 employees from the fines.
“Excluding small construction firms from the small business exemptions in the health care bill is irresponsible and economically disastrous,” said ABC President and CEO Kirk Pickerel. “At a time when our industry is facing the worst construction economy in decades, the last thing contractors need are vast new mandates from the federal government dictating to them how they will run their businesses.” In a letter sent to all Senators before the vote, ABC expressed opposition to the amendment and regret that most Senators were unaware of the provision before the final vote on the health care package. ABC also noted that the construction industry’s unemployment rate is more than 18 percent and that this will be another bill small contractors cannot afford to pay. “We are unaware of any data or evidence that suggests that the needs and struggles of a construction contractor with fewer than 50 employees are so different from those of small business owners in other industries, and absent such convincing evidence, we are left to assume that this specific provision is merely a political payoff to satisfy the desires of a small constituency,” (editor note: the Unions) ABC stated in the letter.
CHANGES TO CONTRACTOR DATABASE EFFECTIVE JANUARY 1, 2010:Beginning January 1, 2010, the Nebraska Department of Labor and the Nebraska Department of Revenue will combine their separate contractor databases. The Department of Labor will manage the new database. All contractors are required to be registered on the database. Payments made by contractors to contractors who are not registered in the database are required to withhold 5%.
If you are already registered with the Department of Labor database and the Department of Revenue database, no action is necessary.
If you are unsure if you are registered with both databases, click here to access the Department of Revenue website and click hereto access the Department of Labor website to search for your business name
If you are not registered or only registered with one database, please click here to determine your application requirements.
TIPS TO PROTECT WORKERS IN COLD ENVIRONMENTS: Working in cold environments can be dangerous. More than 700 people die of hypothermia each year in the United States. To help protect workers in cold environments, employers should encourage employees to take simple precautions.
How To Protect Your Employees:
Ø Learn the signs and symptoms of cold-induced illnesses/injuries and what to do to help workers.
Ø Train workers about cold-induced illnesses and injuries.
Ø Encourage workers to wear proper clothing for cold, wet and windy conditions. Layer clothing to adjust changing environmental temperatures Wear a hat and gloves, in addition to underwear that will keep water away from the skin (polypropylene).
Ø Avoid exhaustion or fatigue because energy is needed to keep muscles warm.
Ø Use the buddy system – work in pairs so that one worker can recognize danger signs.
As with most weather related hazards, workers face increased risks when they take certain medications, are in poor physical condition nor suffer from illnesses such as diabetes, hypertension or cardiovascular disease.
2010 STEP APPLICATIONS NOW AVAILABLE ONLINE:The 2010 Safety Training Evaluation Process (STEP) applications are now available for submission online at www.abc.org/stepapp. In addition, STEP applications have been mailed out to all ABC chapters and contractor members. STEP applications are accepted year-round by ABC; however, in order participate in ABC chapter safety events, applicants should submit a completed application package to their local ABC chapters by March 5.
The 2010 STEP application process has undergone changes, and all STEP applicants are now required to submit a copy of their OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) and STEP Platinum applicants will also be required to submit the Form 300 (Log of Work-Related Injuries and Illnesses) with employee names redacted. Changes have also been made to the qualifying criteria for STEP Gold and Platinum levels. STEP Gold applicants now must have an incidence rate less than 1.5 times the national average for their North American Industry Classification System (NAICS) code, as listed in the 2010 STEP application. STEP Platinum applicants must have an incidence rate at least 25 percent below their NAICS code average. Both levels now also have Experience Modification Rate (EMR) requirements in addition to the traditional 20 Key Components minimum score.
For more information about the updated applications, visit www.abc.org/step or contact Chris at abcsafetychris@aol.com or abcsafetyjosh@aol.com or call them at 402-477-4451. To fill out an application online, visit www.abc.org/stepapp.com.
ABC’S ASK A LAWYER:
Question: Did Congress recently pass some changes to the COBRA premium subsidy program?
Answer: Yes, the premium subsidy program has been extended. On December 19, 2009, the Department of Defense Appropriations Act was passed, extending the eligibility period and the duration of the premium subsidy for COBRA participants.
Originally, employees who were involuntarily terminated between September 1, 2008 and December 31, 2009 were eligible for a COBRA premium subsidy. The Act extended the eligibility period for an additional two months – through February 28, 2010. The Act also extended the maximum period for receiving the subsidy by six months (from nine months to fifteen months).
What this means for employers: You must provide notification of these changes to individuals who, on or after October 31, 2009, either are assistance eligible individuals or are terminated from employment. The Act also includes special rules for terminated employees who exhausted their full nine months of premium assistance before the subsidy period was extended to fifteen months. This includes those who dropped COBRA after their original nine month subsidy period ended and those who paid an unsubsidized premium after the subsidy ended. Those that dropped coverage will be able to retroactively reinstate their coverage by paying the subsidized premium and those that paid in full will receive a credit or refund of premium.
COBRA participants must be provided notice of these changes within 60 days—by February 17, 2010, unless their termination occurred after December 19, 2009. If the employee was terminated after December 19, 2009, the notice must be provided within 44 days.
We anticipate that the new notices will be published by the Department of Labor before January 19, 2010.
If you have any questions about these COBRA changes, feel free to contact Craig Martin, Lamson Dugan and Murray, cmartin@ldmlaw.com or Tim Engler, Harding & Shultz, tengler@hslegalfirm.com.
Training Classes
Management & Safety Class Schedule
JANUARY & FEBRUARY 2010
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
¨ January 19, 2010 - 7:00 a.m. – 5:30 p.m. – OMAHA
¨ January 27, 2010 - 7:00 a.m. – 5:30 p.m. – LINCOLN
¨ February 18, 2010 – 7:00 a.m. – 5:30 p.m. – KEARNEY
¨ February 23, 2010 – 7:00 a.m. – 5:30 p.m. – OMAHA
¨ February 25, 2010 – 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.
¨ February 2, 9, 16, 2010 – 7:00 – 5:30 p.m. - OMAHA
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
¨ January 12, 2010 – 7:00 – 11:00 a.m. – LINCOLN
¨ January 13, 2010 - 1:00 - 5:00 p.m. – OMAHA
¨ January 28, 2010 – 7:00 – 11:00 a.m. - OMAHA
¨ January 29, 2010 – 1:00 – 5:00 p.m. – LINCOLN
¨ February 9, 2010 – 1:00 -5:00 p.m. - LINCOLN
¨ February 10, 2010 – 1:00 – 5:00 p.m. - OMAHA
¨ February 17, 2010 – 1:00 – 5:00 p.m. – KEARNEY
¨ February 24, 2010 – 7:00 – 11:00 a.m. – LINCOLN
¨ February 25, 2010 – 7:00 – 11:00 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
¨ January 20 & 21, 2010 - 7:00 a.m. – 11:00 a.m. – OMAHA