OffIcIAl PublIcAtIOn Of the AssOcIAteD generAl cOntrActOrs Of … AGC Fall Constructor.pdf ·...

OffIcIAl PublIcAtIOn Of the AssOcIAteD generAl cOntrActOrs Of western KentucKy, Inc.

A Chapter of the Associated General Contractors of America

FALL 2010

Article on page 3

AGC of Western Kentucky is an EPA-Accredited Training Provider for Lead Paint Renovation Worker Certification

PCM INC.

Designers * Contractors * Plumbing Industrial Piping * Heating *

Air Conditioning

24 Hour Plumbing & HVAC Service Residential & Commercial

Mailing Address P.O. Box 96

Paducah, Kentucky 42002 1928 N. 8th

Paducah, Kentucky 42001

Bruce Chester President David Chester Vice President Steve Dew Vice President Mc Spillman Treasurer Keith Byerly Service Manager

270–442-4383 Fax 270-443-3473

E-mails:

Bruce [email protected] David: [email protected] Steve [email protected] Mc: [email protected] Keith [email protected]

Build * Design * Contract Sheet Metal Fabrication *

Comfort Air * Mechanical *

Controls * HVAC * Duct *

Residential & Commercial Mailing Address P.O. Box 2908

Paducah, Kentucky 42002 Address 627 Park Ave.

Paducah, Kentucky 42001

Owner: Bill Ingram

Project Manager: Chris Kelley E-mail: [email protected]

Service Manager: Anna Copeland

[email protected]

Office Manager: Cheryl Holley Email: [email protected]

270 442-1313 Fax 270 442-9811

FALL 2010

Contents:Executive Vice President’s Message ......................................2

EPA Lead-Safe Training ....................................................3

AGC Scholarships ..............................................................4

Mobile Project Management with the iPad ..........................5

AGC – “You Did A Good Thing” .......................................7

Defective Work Is No “Accident’ ........................................8

Day At The Races ............................................................ 11

AGC Members – Building Our Communities ................... 13

AGCA Convention .......................................................... 13

Important Changes from OSHA, EPA, DOT .................... 14

FREE Labor Law Posters ................................................. 15

Christmas Party .............................................................. 15

Spring Golf Outing .......................................................... 16

Published byAssociated General Contractors of Western KY, Inc.

AGC of America Award-Winning Chapter2201 McCracken BoulevardPaducah, Kentucky 42001

Phone: (270) 744-6261, (800) 599-6261Fax: (270) 744-9522

Email: [email protected]

Printed by Innovative Printing & Graphics, Inc. · Murray, KY

Executive Vice President ..................... Mike Gerescher

Safety & Education Director .................. Chris Nelson

Communications Director ................ Cindy Robertson

Membership Director ............................. Teresa Dawes

Safety Consultant ....................................... Alan Loyd

A Chapter of the Associated General Contractors of America

OFFICIAL PUBLICATION OF THE AssOCIATEd gENErAL CONTrACTOrs OF wEsTErN kENTUCky, INC.

2 CONSTRUCTOR FALL 2010

Thank You Ray Carlson for AGC/SIF Service

By Michael B. Gerescher

The story of the Kentucky AGC Self-Insurers’ Fund begins in 1975 when the rates for workers’ compensation insurance were soaring, coverage was virtually unavailable, and carriers were leaving the state. Some AGC members

from various parts of the state, representing the three AGC Chapters, started the process to establish their own workers’ compensation insurance fund. In 1979, the Kentucky AGC/SIF was formed by the three AGC Chapters. Ray Carlson signed the Fund charter as President of the Western Kentucky Construction Association. The AGC Chapters soon welcomed the Builders Exchange of Louisville and the Kentucky Highway Contractors Association as partners. Over the years, the three AGC Chapters became two, and the Fund added the Kentucky Crushed Stone Association, Home Builders Association of Kentucky, and Kentucky Association of Plumbing, Heating & Cooling Contractors to total the current seven associations that make up the Fund.

In January 1992, the WKCA Board appointed Ray Carlson, with B.H. Green & Son, as a trustee on the Fund to represent the WKCA Fund members. During the almost 20 years as a Fund trustee, Ray served as chairman of the Board several times, worked on a number of committees, and almost never missed a quarterly Board meeting. For the years Ray served on the Fund Board, there were many accomplishments:

• Participating companies went from 400 to 5,400;• Premium was $3.4 million and peaked at $70 million;• Assets were $11 million and now are $335 million;• $88 million have been returned to members as

dividends; • The Fund achieved and maintains an AM Best

excellent rating.Through Ray’s leadership and the teamwork of the

trustees, they continued to identify member needs and establish workable policies for the Fund. During his tenure on the AGC/SIF Board, Ray always exemplified the AGC motto of Skill, Responsibility and Integrity as he tried to make the best decisions for the AGC members and the Fund. Ray will retire from the AGC/SIF Board effective October 1, 2010.

Ray Carlson - Thanks for Your Years of Service!

TRI-TURF Sod Farms, Inc.

CALL TODAY! 1-800-643-8873

First Class Turf Grass Dirt Cheap✓ Pickup✓ Delivery✓ Installation✓ Hydro Seeding

Let us help you with an instant lawn.

Producers of HighQuality Turf Grasses

• Tifway 419 Bermuda• Tifway II Bermuda• Meyer Zoysia• Fescue

Residential &Commercial

www.triturfsod.com

FALL 2010 CONSTRUCTOR 3

A new rule by the Environmental Protection Agency (EPA) mandates that all renovation and repair contractors working in pre-1978 homes, schools, and day care centers who disrupt more than six square feet of lead paint are required to become EPA certified in lead-safe work practices. Contractors are required to take a one-day training course, and firms must send an application to the EPA. If not, they could face tens of thousands of dollars in fines in the future.

Many contractors think the issue of lead paint poisoning went away years ago, or that they are doing all that needs to be done to avoid it; but lead paint poisoning isn’t just about eating paint chips, and even contractors who think they are doing a good job may not be working in a lead-safe manner. New research shows that contractors like plumbers, electricians, painters and window replacement experts can inadvertently expose children to harmful levels

of lead from invisible dust disturbed during jobs they perform every day.

• Firms must register with the EPA and pay a fee;• Individuals must take a one-day training course

from an EPA-accredited training provider to become a certified renovator;

• Certification is good for five years.

AGC of Western Kentucky has completed the requirements to become an EPA-Accredited Training Provider for Lead Paint Renovation Worker Certification. As soon as our training provider ID number is received, our class schedules, details, and registration information will be available at www.wkca.org (home page, under Education/Training). More information is available at epa.gov/getleadsafe or 1-800-424-LEAD.

If You’re Not Lead-Safe Certified, Lead Paint Could Cost You Big Time!

Think lead paint doesn’t affect your business? Think again.

Old National Bank Bldg. • 300 Broadway • Paducah, KY270-443-4516 • www.whitlow-law.com

At to r neys a t L aw

Gary B. HoustonMark C. WhitlowE. Frederick Straub, Jr.R. Christion HutsonJames A. SiglerC. Thomas Miller

Joe H. Kimmel, IIIJ. Duncan PitchfordJames R. Coltharp, Jr.Jonathan R. OliverSharlott K. ThompsonElizabeth A.W. Clymer

Of counsel, Richard C. Roberts


Bryan Brinly of Paducah, a Senior Construction Engineering Technology major at Murray State University, was recently awarded the $2,500 Kressenberg Scholarship through AGC of America.

The AGC Foundation offers undergraduate and graduate level scholarships to students enrolled in ABET or ACCE-accredited construction management or construction-related engineering programs.

Who’s eligible?Undergraduate Scholarships: College sophomores

and juniors enrolled or planning to enroll in a full-time, four or five-year ABET or ACCE-accredited construction management or construction-related engineering program are eligible to apply. High school seniors and college freshmen are not eligible.

Graduate Scholarships: College seniors enrolled in an undergraduate construction management or construction-related engineering degree program, or others possessing an undergraduate degree in construction management or construction-related engineering, are eligible to apply. The applicant must be enrolled, or planning to enroll, in a graduate level construction management or construction-related engineering degree program as a full-time student.

How much money is available?AGC’s renewable undergraduate scholarships are worth

$2,500 per year for each year of undergraduate study, up to a maximum of $7,500. Over 100 new scholarships are awarded each year. Best of all, there is no application fee.

The Saul Horowitz, Jr. Memorial Graduate Award and the Heffner Scholarships for Graduate Students are worth $7,500 each, paid in two installments of $3,750.

How do you apply?Applications will ONLY be accepted online. Apply

online at scholarship.agc.org.

What is the deadline to enter?All scholarship applications must to be postmarked by

November 1st to be considered for the upcoming year.

When will scholarship recipients receive their money?

All scholarship semi-finalists will be notified in February. Upon completion of a personal interview with an AGC contractor and final recommendation by the contractor, your scholarship check will be mailed to you in August, just prior to the Fall term.

Greg McKeel-Chair AGC Education & Training Committee; Mike Gerescher-AGC EVP; Bryan Brinly; Barry McDonald-AGC President; Kevin Perry-MSU Faculty Representative.

AGC Scholarships

FALL 2010 CONSTRUCTOR 5 FALL 2010 CONSTRUCTOR 5

Some say a trade as steeped in tradition and craftsmanship as the construction industry is slow to embrace new technology. With a new product from Apple, the maker of the iPhone and iPod, you don’t have to be a teenager to find a productive use in construction; Apple’s new iPad may turn out to be a device that could revolutionize the construction site and do much more than just gaming and social networking.

If you don’t have an iPhone, you at least know someone who does and the iPad is basically a much larger version of the popular phone. The iPad has the same intuitive interface but a much larger screen and more computing power. Imagine having access to all the drawings and specifications for a project on a roughly 8”x10” pad weighing less than 2 pounds. With the touch screen, all the drawings can be scaled and enlarged at ease to get a better view of specific areas and details. Additionally, like the iPhone, the user would have instant access to emails, calendars, photos and contacts from anywhere on the site. The GPS capabilities of the device are worth consideration as well. With this device, a company has the potential of tracking its technicians’ location and using the information to strategically allocate resources in real time.

Uses for the iPad in construction are wide-ranging. The iPad could be used as a mobile filing cabinet. You could keep important documents like insurance and bonding certificates, licenses, permits, etc. on site and with the project superintendent at all times. Imagine the marketability of a device such as the iPad to potential clients. With one paper sized device

you can show clients photos and videos of past projects, letters or video testimonials from satisfied customers, the apps you use for project and document management and on and on. The iPad could really help you stand-out from your competitors and show how in-touch your company is with current technology.

Even more applicable are some of the industry specific apps (applications) for the iPad. There are construction calculator apps, time tracking apps, project management apps, estimating apps, and even punch-list apps. Here is a short summary of some of the uses and more pertinent apps for construction:

Portable DrawingsIn addition to the iPad’s built-

in PDF viewer there are apps for maintaining project documents offsite in a single location that are accessible to all team members. The Mobile Plan Room app uses Builditlive.com’s

website to house all plans, specs, notes, contracts, addenda and other related documents where they can be viewed. With this app drawings are updated in a single location and ensures your field personnel are not using out of date documents and it also saves on printing costs.

There is even an app to view real-time 3D BIM models in the field. The goBIM app allows users to navigate through 3D models created by a BIM application and view all their associated data.

Construction CalculatorCalculated Industries, the

company behind the handheld, Construction Master calculator, has developed an app with the same functionality for use on the iPad or iPhone, the Construction Master Pro. It has powerful built-in solutions for completing layouts, plans, bids and estimates and has built-in right angle functions to simplify rafters, slopes and more. Just like the handheld it allows users to convert between dimension formats including feet-inch-fractions, yards and decimal feet.

Codes and RegulationsThe OSHA Mobile app includes

full text of the most used CFRs from OSHA and provides news on products and services and includes an office locator for state, federal and regional offices including addresses and phone numbers.

The UL Connect free app from Underwriters Laboratories provides fast easy access to product certification directories and has answers to the most common code questions received by UL.

Mobile Project Management with the iPadby Kevin Perry

Continued on page 6


Multieducator Inc. has numerous apps for the AEC industry including Builder Pro and Architect’s Formulator. The apps include full text of the International Building Code and parts of the IMC and NEC in addition to ADA information and a wealth of formulas and data used by designers and builders.

Project ManagementVela Mobile, created by Vela Systems, enables

construction team members to execute key field processes including QA/QC, Safety and Commissioning checklists anywhere on the building site. Using the internet connectivity you can connect to the web based Vela Field Manager and give your whole team insight into what companies and locations of your project need the most attention. You can track issues until they are resolved, email reports to update other team members and maintain a paper trial of what you and other users have done.

The Procore app gives access to a centralized project portal to track and manage construction project

information. With Procore’s cloud-based software, your construction project team can always access the information they need to keep projects on schedule and on budget. Procore manages schedules, RFIs, submittals, bids, change orders, contracts, budgets, directories, documents, photos and more. In addition you can create daily note logs, create and manage punch-lists, add audio to punch

list items and log time card entries for your projects.With such a unique device there are some limitations.

The iPad needs either a 3G or Wi-Fi connection to be able to access the internet, send/receive email and run some apps. The device comes with two different connection options, the 3G model which requires a separate data plan through AT&T or the Wi-Fi only model which would require a nearby “hot spot” for wireless access.

The other obvious limitation is carrying around a rather delicate device in what can be a harsh environment. There are covers and cases available for the iPad that offer a great deal of protection from minor bumps and scratches. These range from thin, clear overlays to metal clip-board type covers. One of the best I’ve seen is the rugged Defender by Otterbox. This case covers the device in a silicone sleeve with a clear screen cover. Most cases still do not protect

the iPad from water damage though, and care must be taken to keep the electronics dry.

Companies may take a wait and see approach, or some may see its marketability with tech savvy owners and give it a trial. An iPad fully loaded with construction related apps could really be an organizational and time saving asset for Project Managers and Superintendents. There are apps being developed almost daily and by the time this article runs, there will likely be several new ones for construction professionals. Whether you just use the built-in functionality, download some of the above apps, or just use it to listen to AGC podcasts, judge for yourself if the iPad is a device that could make your projects more efficient, profitable, or just more marketable.

About the author:Kevin Perry is a Registered Architect and Professional

Engineer with over ten years of AEC experience in Kentucky and Tennessee. He is currently an Assistant Professor of Engineering Technology at Murray State University in the Department of Industrial and Engineering Technology and the Advisor for the AGC student chapter. His research interest are the in the areas of construction materials and emerging technologies for the construction and design industries. He can be reached by email at [email protected].

FREEESTIMATES

1035 US Hwy. 641 N • Benton, Ky., 42025

Alan Noles • 270-527-89005” and 6” Seamless Gutters

• Wide Variety of Colors • Sales & Repairs • Copper Available

Waterfalls Gutter Guard System & Gutter Guards

FULLYINSURED

Continued from page 5


“AGC! — You Did A Good Thing!”by Cindy Robertson

While checking out at Sam’s Club, I handed the cashier my membership card, and I heard the words, “AGC! You did a good thing!”

I was surprised and pleased at her comment, and VERY curious about what “good thing” she was referring to.

She explained to me that her daughter had attended AGC’s Girl Scout Badge Day. She was extremely appreciative of our efforts to introduce the girls to career opportunities available in the construction industry. She shared that her daughter had participated in the interior design/home improvement session, and was now seriously considering a career in this area.

AGC’s Merit Badge Days introduce Boy Scouts and Girl Scouts to the exciting world of construction by giving them the chance to earn badges in construction-related fields. AGC firmly believes in the value of reaching out to future workers long before they’re seriously thinking about career choices.

The 2010 Boy Scout Badge Day is scheduled for

November 6 at Murray State University. The next Girl Scout Badge day will be February 5, 2011. Details available on our website, www.wkca.org (Under Education/Training, Future Workforce).


Defective Work Is No “Accident”By C. Thomas Miller

Whitlow, Roberts, Houston & Straub, PLLC300 Broadway, Paducah, Kentucky 42001

www.whitlow-law.com

The Supreme Court of Kentucky has ruled that faulty construction-related workmanship, standing alone, is not an “occurrence” within the meaning of a standard Commercial General Liability insurance policy because it is not an “accident” within the standard policy definition. Cincinnati Ins. Co. v. Motorists Mut. Ins. Co., 306 S.W.3d 69 (Ky. 2010). Specifically, the court upheld the insurer’s denial of coverage for damages to a home that was “so poorly built that it was beyond repair and needed to be razed.” The Court explained that the doctrine of “fortuity” is inherent in the plain meaning of “accident,” and consists of two central aspects: Intent and control. The court acknowledged that the contractor did not likely intend to build a substandard house, but noted that to find coverage on this sole basis would convert insurance policies into performance bonds or guarantees. Therefore, the court focused on whether the building of the claimant’s house was a “chance event” beyond the control of the insured, meaning a fortuitous event beyond the power of any human being to bring to pass or within the control of third persons. The court concluded that the contractor had control over the construction either directly or through the subcontractors it chose, and therefore the allegedly substandard construction of the home was not a “fortuitous, truly accidental, event.”

The Court contrasted its prior holding in Bituminous Casualty Corp.

v. Kenway Contracting, Inc., 240 S.W.3d 633 (Ky. 2007), a contractor-friendly ruling in which the Court found a covered “accident” where the contractor’s employee mistakenly demolished part of a dwelling when only its carport was supposed to be taken down. The Court explained that “. . . the quick destruction of a residence is manifestly a completely different undertaking than the protracted improper construction of a residence. The home construction in the case at hand occurred over a period of weeks; the mistaken destruction of a carport in Bituminous Cas. Corp. occurred in a short flurry of activity on only one day.”

The Court acknowledged the general rule followed in many other states whereby a CGL policy would provide coverage if the faulty workmanship caused property damage to something other than the insured’s own faulty work product. The Court found it unnecessary to decide whether to adopt this rule in Kentucky as the facts did not present a claim that would fall within the rule, i.e. the faulty work in the Cincinnati case apparently comprised the entire structure.

Some have interpreted the Cincinnati case as merely confirming the validity of existing CGL policy provisions, which already exclude coverage for damage to the insured contractor’s own work as of result of that contractor’s work. Arguably, the Cincinnati opinion leaves open contractors’ traditional arguments that

collateral damage to non-defective portions of the property, such as damage below from a leaky roof, or damage to work installed in the same structure by a different contractor, is covered as fortuitous and beyond the contractor’s control. Certainly, the opinion invites contractors’ arguments that reading Cincinnati and Bituminous together, a wide variety of on-the-job incidents might be characterized as sudden and therefore accidental. The Court took care to qualify each reference to faulty workmanship with phrases such as “standing alone” or “in and of itself,” implying that some claims for “faulty workmanship” will indeed be covered.

However, the Cincinnati case appears to be more definitive with regard to another common coverage issue. Coverage for defective work done by the insured’s own subcontractor - whether “fortuitous” or not - has been previously available for a premium, as damage not intended by the insured contractor. This has been accomplished either through exceptions modifying the “your work” exclusion, or through endorsements to the same effect. Under the Cincinnati rationale, a court interpreting a CGL policy might never reach such subcontractor endorsements in analyzing coverage. The Court’s threshold definition of “accident” may exclude mere deficient workmanship of subcontractors (other than sudden incidents as in Bituminous) as events within the insured’s control, either by direct supervision or through the careful selection of qualified


All of Western Kentucky

Roll Off Box Services for Construction,

Commercial & Industrial Waste

15, 20, 24, 30, and 40

cubic yard boxes available

Servicing all of Western Kentucky and Southern

Illinois

Residential Service in selected areas of McCracken, Fulton,

and Livingston counties. All of Graves, Hickman and Calloway

Counties in Kentucky

Dumpster service in Marshall, McCracken, Graves and Calloway

Counties

Sizes 2, 4, 6, & 8 cubic yard

Once per week or

multi pickups per week

1637 Shar-Cal Road Calvert City, KY

subcontractors. This was the conclusion reached in Acuity v. Krumpelman Builders, Inc., 2010 WL 1434269 (E.D. Ky.), in which the court applied Cincinnati in denying coverage for a claim for defects caused by faulty foundation work performed by the insured’s subcontractors. Since the Cincinnati case likewise involved work done by subcontractors, it will be more difficult to argue that (absent special circumstances) a subcontractor’s defective work falls within the contractor’s coverage as an “accident” within the Cincinnati Court’s definition. Therefore, unless insurers amend their definition of “accident” in the standard CGL policies or by endorsements thereto, any contractor may find new uninsured exposure for faulty work done by their subcontractors, when they thought such coverage was part

of their insurance bargain. In other words, the contractor’s “reasonable expectation” of such coverage may be on a collision course with the courts’ new interpretation of “accident,” with results to be determined.

The Cincinnati court carefully noted the changed definition of “occurrence” in the current standard CGL policy, which now omits any specific reference to actions “intended by the insured.” When faced with a denial of coverage, the contractor should review the terms and definitions in its own applicable policy, as these may differ from the language before the Cincinnati court and may therefore achieve a different result.

In summary, contractors should be aware that the extent of their coverage may have changed due to these recent court rulings, even if their insurance policies have remained the same. This

limitation is not new in many other states. Some insurers have recognized the resulting “gap” and are allowing their policies to be amended to allow coverage to be triggered. However, such adjustments are not automatic. Therefore, contractors should consult with insurance professionals regarding available risk management options. Failure to do so could result in unexpected losses in some cases, based on the Cincinnati decision.

About the author: Tom Miller practices construction law, employment law, and business litigation in the Western Kentucky area. He was admitted to the Kentucky bar in 1991, and joined Whitlow, Roberts, Houston & Straub as a Member in 2000. He can be reached at 270-443-4516, or [email protected].

Pre-Employment Physicals • DOT Physicals •Return to Work Exams Workers’ Compensation Care • Physical Capacity Profile® Testing

Drug & Alcohol Screening Random Selection Programs DOT & Reasonable Suspicion • CPR & First Aid Training Classes

270 – 448 – WELL (9355) Monday – Friday 8:00am – 5:00pm

127 Alben Barkley Drive, Paducah, KY 42001

www.healthworksmedical.com

$50.00 per month can provide you with ALL your primary care needs!

HealthWorks Medical Membership Offers: Same Day Appointments

Physical & Yearly Lab Work Check-ups

Preventative, Urgent, Wellness, & Primary Care

Occupational Health Services

At HealthWorks Medical We are Re-Inventing Healthcare!

At HealthWorks Medical the bottom line is….. You become the focus, NOT the insurance company.

*Medicare/Medicaid patients not eligible *Narcotic prescriptions will not be prescribed


…And They’re Off! AGC Day At The RacesSocial events offer great networking opportunities. The AGC

Social Committee is always looking for new and exciting ways to give members access to AGC’s greatest resource….other members! The committee arranged a bus trip to Churchill Downs, where AGC members and guests enjoyed a day full of fun, food and horseracing.

The group watched the races in the comfort of the private Jockey Club Suites, with a balcony offering a panoramic view of the racetrack, and a delicious hot buffet and open bar.

The group also participated in a personal tour of the paddock and track, where they watched 2010 Kentucky Derby winning jockey, Calvin Borel, mount up for a race.

Take advantage of AGC social events – make new business contacts, and enjoy the fun! 2010 Kentucky Derby Winning Jockey, Calvin Borel


AGC Members – Building Our Communitiesby Teresa Dawes

AGC’s 2011 Annual Convention returns to the Bellagio Hotel in Las Vegas, Nevada. This convention provides the best opportunity for contractors to get all the latest information on economic forecasts, rules and regulations, and best practices, and to take part in a host of professional development opportunities.

Plan now to join the thousands of general and specialty contractors from across the country for this important event!

CONEXPO-CON/AGG 2011AGC is once again proud to co-sponsor CONEXPO-CON/AGG. Featuring over 2.1 million square feet of

indoor and outdoor exhibit space, CONEXPO-CON/AGG is THE place to find the latest equipment, products, services and technologies.

More details and registration information available at www.agc.org. Build your knowledge of the construction industry – make plans to attend!

AGC’s 92nd Annual ConventionBellagio Hotel | Las Vegas, Nevada | March 21-25

Sitting at a stoplight early one morning as the city began to come to life, I was amazed at what I realized—AGC members everywhere! In less than sixty seconds, I saw three mechanical contractors, a concrete supplier, a trucking company, an electrical contractor, and a pest control company, all on their way to start the day building and servicing the community in which they live and work. Any city in the region I am sure would have a similar scene.

AGC of Western Kentucky has over 400 members each day marching out into the area like worker ants. That is what we are all about—individuals working together to build the community. We are virtually EVERYWHERE. Look around. AGC members repair, replace, renovate and build all over the region.

Your chapter is a strong chapter—a chapter full

of members providing services to the building industry. AGC of Western Kentucky is here for that pest control company, as well as the general contractor. No matter the trade or service, AGC is working just as hard for our members as the members work for the community.

Take the time, look around, see the vital part AGC members hold in your community.

Do you display the AGC logo on your vehicles or office door?

If you are a member of AGC of Western Kentucky, show your support by proudly displaying the AGC logo. Call or come by the AGC office for your logo today.


Important Changes from OSHA, EPA and DOTby Chris Nelson, AGC Safety and Education Director

Since the start of 2010, significant changes have been occurring within some of the key regulatory agencies which oversee the construction industry. The following is a brief synopsis of those changes within each regulatory group.

OSHA • Policy changes from a three-year look-back to a

current five-year look-back period for companies who have prior violations. Companies will be more open to repeat serious and willful violations.

• Penalty amount increases from an average of $1,000 for a serious violation to a starting penalty of $3,000.

• Severe Violator Enforcement Program for those companies who have a history with OSHA and are currently or have been previously cited for repeat/willful violations in high hazard areas like fall protection. Companies placed on this list will face mandatory follow-up inspections at that site and will be required to provide worksite locations where they are performing similar activities (in-state or out-of-state). These sites can be targeted for OSHA inspections as well.

• Revised Crane & Derrick standard set forth on July 28, 2010. Changes include:1) Crane operators must be certified by 2014. Proof

of certification must be issued by a government entity, military, accredited agency or audited employer program.

2) Riggers must be qualified by November 8, 2010. Proof of training can include a recognized degree, certificate, professional standing or extensive knowledge and experience.

3) Signalperson must be qualified by November 8, 2010. Testing must be done by a third-party qualified evaluator or the employer’s qualified evaluator and must cover basic crane functions.

• Special Emphasis Programs which involve specific areas OSHA will target during inspection will include proper recordkeeping of the 300 Log for company accidents and injuries. Particular focus will be on “under-reporting” or not recording accidents/illnesses properly. Second, providing adequate safety and health training to employees, particularly non-English speaking workers. Companies will need to show that information is communicated effectively.What can companies do to keep up with these changes?

First, review and update your company Safety and Health policies. This includes establishing a discipline policy for both company employees and subcontractor employees

under the multi-employer OSHA policy to confirm to OSHA you are enforcing your rules (documentation of disciplinary actions is the key!). Second, perform self-audits or utilize third-party groups (AGC, insurance companies, or consultants) to conduct site safety and health inspections on a regular basis (document!). Third, be sure to train all new employees before they get on site in the following: Hazard Communication, Bloodborne Pathogens, Fire Prevention/Extinguisher use and, for specific job hazards, fall protection, personal protective equipment, excavation, scaffolding, electrical, and equipment use such as operating a forklift. Fourth, review your current and existing 300 Logs for any “under-reporting” or “over-reporting” workplace accidents, injuries and illnesses. Look for a recordkeeping class to be offered through the AGC in January 2011.

EPA• Lead-Based Paint - New Renovation, Repair and

Painting Program (RRP) rule implemented on April 22, 2010. Contractors (painters, carpenters, plumbers, electricians) who perform renovations, repairs and/or painting projects in pre-1978 housing, child-care facilities and schools (that have or are assumed to have lead-based paint) must comply with federal accreditation, training, certification and recordkeeping requirements, or risk fines up to $32,500 per day.

• Companies who perform or have oversight of such projects, such as general contractors and/or construction managers, must apply to the EPA and become a certified firm under the RRP rule. An individual(s) within the certified firm must complete the certified renovator training course.

• Individuals performing work that disturbs potential lead-based paint surfaces need to be a certified renovator or be trained by someone who is a certified renovator.

• To become a certified renovator, an individual must successfully complete an eight-hour initial renovator training course offered by an EPA accredited training provider.

• Those seeking to become a Certified Renovator and complete the eight-hour course must be enrolled in a class before September 30, 2010 and complete the training by December 31, 2010.


• Storm water requirements involving construction sites that disturb one or more acres must use best management practices (silt fence, rock aprons, sediment traps, etc.) to ensure that soil disturbed during construction activity does not pollute nearby water bodies.

• Construction firms who conduct such work will be required to have and implement a Storm Water Pollution Plan (SWPP) that includes the use of best management practices.

• KY EPA will require that firms who construct (excavation, landscaping contractors) or have oversight on projects (general contractor, construction manager) with an EPA permit and SWWP will need to have an individual(s) officially trained through the Kentucky Erosion Prevention and Sediment Control (KEPSC) Inspector Qualification

course. • EPA will require that all erosion

and sediment control practices are properly in place at the jobsite and inspected weekly or after a recordable rainfall (1/2 inch rain) by a KEPSC certified inspector. AGC of Western Kentucky is

in the final phase of becoming an EPA-Approved Training Provider for the Certified Renovator course. Check the website at www.wkca.org for further information. Storm Water training to become a certified Kentucky Erosion Prevention and Sediment Control Inspector will be offered on a periodic basis by the chapter. Keep abreast of this training through our website.

DOT• CSA 2010 will cover any

interstate (traveling over state lines) carrier that has a US DOT number, no matter what type of carrier they are (for-hire, private,

flatbed, van, utility, construction, etc.), what size carrier they are, or what type of vehicles they operate (CDL-required versus non-CDL required vehicles).

• A Safety Measurement System will be used to collect data and provide an evaluation system for all those operating these vehicles. Recent roadside inspection data will be used to determine the need to target specific drivers or companies for inspections.

• Carriers or drivers with previous deficiencies, such as vehicles with defective tires, required light not operating, cargo not secured, driving a CDL while disqualified, falsifying logs, etc. will be targeted for continued roadside or recordkeeping inspections. The AGC will conduct a DOT

CSA 2010 seminar this fall specifically addressing these new requirements. Look for information on the website or upcoming issues of the Blueprint.

AGC Christmas Party “New and Improved”

All AGC members and their guests are invited to attend the association’s Christmas party on Friday, December 3 at Harrah’s Hotel, Metropolis.

Last year’s party was a great success, with over 300 AGC members and guests in attendance. Those present were pleasantly surprised at the new format. Several members remarked that it was the best AGC party they’ve ever attended. Along with the usual great food and fellowship, a rapt audience enjoyed the

evening’s program combined with a professional audio/visual presentation.

The admission price of $55 per person covers food and beverages. Enjoy an evening of dancing and entertainment by the David Ivey Band. There will be 50 hotel rooms blocked off for AGC party-goers, so contact Harrah’s and make your room reservations early to ensure availability. The room rate at Harrah’s is $129, code is S12WKCA, and the

cutoff date is November 19.Save the date — you won’t want to miss it!!

Labor Law Posters FREE

to AGC MembersKentucky and Federal Labor

Law Posters are available for FREE to all AGC of Western Kentucky members.

The posters should be located in a spot where employees can view them, such as an office, shop or jobsite. If all your employees normally report to an office, shop, etc., you only need one set of posters; but, if your employees report directly to different jobsites, you need posters at each site. Just come by the AGC office and pick up a set, or call and we will get the posters to you.

FREE Labor Law Posters are just one of the many benefits of membership in AGC of Western Kentucky!

16 CONSTRUCTOR FALL 2010 16 CONSTRUCTOR FALL 2010

Fabricators & Erectors ofStructural & Misc. SteelGeneral Construction

Millwright & Machinery MovingCrane Service

Dozer & Excavator WorkDemolition

Chris DarnellPhone: 270-354-9464

Fax: 270-354-9467Mobile: 270-703-1806


836 Olive Hamlett RoadP.O. Box 606

Benton, KY 42025Phone: 270-759-5850Cell: 270-205-0385

D & R Salvagedba

Murray Recycling

Open Monday - Friday8:00 a.m. - 4:00 p.m.

New roll-off container division with a variety of sizesfor construction, industrial, and residential accounts.

We buy iron, copper, aluminum cans, junk cars, allscrap.

P.O. Box 705, 201 Woods DriveMurray, Kentucky 42071


Congratulations 2010 1st Place Team

Parkway Chrysler

9th Place TeamBass Maintenance #2

18th Place TeamFederal Materials

Longest Drive WinnersHole #2 – Jimmie Holder

Hole #9 – Derek RileyHole #10 – Tommy OwenHole #13 – Lee Childress

Closest to PinHole #5 – Jeff WilkinsHole #7 – Kevin RileyHole #17 – Eric Watts

1st Place – Parkway Chrysler Team


Metal Studs Drywall Insulation

Acoustical Ceilings EIFS Systems

Lath & Plaster Ceramic Tile

Mike Miller President

Ed DooleyLance Miller

Richard KramerEstimators

Phone: 573-264-4512Fax: 573-264-2490


MILLER DRYWALL OF KENTUCKY, INC.1318 Main StreetScott City, MO 63780

Steel, Aluminum, Stainless,Exotics, Plate, Sheet, Shapes,

Structurals, Burning, Shearing,Saw, Drilling, Punching, &

Press Braking

P.O. Box 1777 • 1455 Bloom AvenuePaducah, Kentucky 42002-1777

(270) 575-0308 • Fax (270) 575-9818

Toll Free 877-575-0308

Spring Golf Winners!Thanks to AGC Golf Outing Contributors

The following members helped make the 2010 Spring Golf Outing at Drake Creek Golf Club a great success!EVENT SPONSOR – Peel & Holland Financial GroupHoles in One Sponsor – Parkway ChryslerBeverage Sponsor – McKeel EquipmentBeverage Station & Cart Sponsors - Hilti, NES Rentals, Occunet Hole Sponsors - Bill Adams Construction, DK Construction, CESA Contractors, Occunet, Penn & Son Heating & Air, James Sanders Nursery, Vulcan MaterialsDoor Prize Contributors - Bass Maintenance, Hilti, Minter Roofing

Special thanks to volunteers who helpedPatty Freeman, Western Rivers; Leslie McKinney, Amy Bebout & Dana Bearden, Occunet; David Chester, Jarred Chester & Chad Spillman, Chester Mechanical; Barry McDonald, Bill Adams Construction; Kenny Freeman, Minter Roofing.

Specializing InBusiness Insurance and Bonds

For Contractors

David King orBrian Edwards270-753-8355

We Have

MovedNewLocation

1300 Johnson Blvd.1300 Johnson Blvd.1300 Johnson Blvd.1300 Johnson Blvd.1300 Johnson Blvd.Turn Right between Walter’s

and NewWave, go 1 block

Murray, KY 42071Phone 270-753-8355

703 Jefferson Street Paducah

800-599-2663

270-442-3533 or 270-443-SAIL

email: [email protected]

www.westernrivers.com

Call Western Rivers For

AGC Worker CompAGC Health

PropertyAuto

General LiabilityPollution Liability

Contractors EquipmentUmbrella

Workers CompHealth

BondingLife

Home About Us Member Benefits Member List Join AGC Education/Training Members Only

Welcome, [email protected] | Log Out

The key to success in the construction industry is

membership in the Associated General Contractors

of Western Kentucky, Inc., a chapter Of The Associated General Contractors Of America. AGC is

an organization of qualified construction contractors and industry-related companies

dedicated to skill, integrity and responsibility. The

association provides a full range of services satisfying the needs and concerns of its members,

thereby providing quality construction at a

competitive price. Building a better Western Kentucky

since 1953.

Become a Member! Most of our 400 members find that belonging to AGC-WKY doesn't cost - it pays. Why not join the leaders...today?

Member Login

Email

Password

Login Forget Password | Need help?

Home | About Us | Member Benefits | Member List | Join AGC | Education/Training | Members Only

© 2010 Western Kentucky Construction Association

website design: johnboyproductions.com

Visit www.wkca.org for:

The latest bidding information; Legislative Action Center;

Online registration for education and training courses; Safety information; Helpful links;

Minutes of AGC Board Meetings; Labor Contracts;

News of interest to the construction industry; List of AGC members;

and much more—available 24/7!

Western Kentucky CONSTRUCTOR2201 McCracken Blvd.Paducah, Kentucky 42001

Address Service Requested

PRSRT STDU.S. Postage

PAIDPaducah, KY

Permit No. 192

McKeel Equipment Co. 1939N.8thStreet 503WalnutStreet Paducah,KY42001 Murray,KY42071 (800)788-0461 (800)852-9736

www.mckeelequipment.com

OffIcIAl PublIcAtIOn Of the AssOcIAteD generAl cOntrActOrs Of … AGC Fall Constructor.pdf ·...

Documents

Transcript of OffIcIAl PublIcAtIOn Of the AssOcIAteD generAl cOntrActOrs Of … AGC Fall Constructor.pdf ·...