Transportation Project Safety Certification Earns ... · AECOM Safety Certification Program is...

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PROPRIETARY PRODUCTS RULE REPEAL | SAFETY LEADERS: ALLAN MYERS & AUSTIN INDUSTRIES | MAY-JUNE 2018 Transportation Project Safety Certification Earns International Accreditation Annual “Safety Source” ®

Transcript of Transportation Project Safety Certification Earns ... · AECOM Safety Certification Program is...

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P R O P R I E TA R Y P R O D U C T S R U L E R E P E A L | S A F E T Y L E A D E R S : A L L A N M Y E R S & A U S T I N I N D U S T R I E S | M AY- J U N E 2 0 1 8

Transportation Project Safety Certification Earns

International Accreditation

Annual “Safety Source”

®

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May/June 20182 | www.transportationbuilder.org

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IN EVERY ISSUE

ON THE COVER

From the Chairmen, p.6

From the President’s Desk, p.10

AEM Corner, p.39

The Last Turn, p.42

26 Meet D.C.'s DOT Director

30 1916 Federal Rule Stifles Use of Innovative Products on State Highway Programs

36 ARTBA Foundation News 40 Another Industry Regulatory Win

MAY-JUNE 2018 / VOLUME 30, ISSUE 3

FEATURES

Annual "Safety Source"12

12

30

18

• Profiles in Safety Leadership• SCTPP Earns ANSI Accreditation• ARTBA-AECOM Partnership• A Sphere of Safety• ARTBA's Safety Team

36

The 2016-2018 Transportation Development Hall of Fame classes.

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May/June 20184 | www.transportationbuilder.org

STAFF

PUBLISHERT. Peter [email protected]

DEPUTY PUBLISHER Matt [email protected]

EDITORIAL DIRECTOR Mark [email protected]

DIRECTOR OF SALESPeter [email protected]

CONTRIBUTORSNick GoldsteinARTBA Vice President of Regulatory & Legal Issues

Mark HolanARTBA Editorial Director

Eileen HoulihanARTBA Senior Writer/Editor

Brad SantARTBA Senior Vice President of Safety & Education

“Transportation Builder”(TB) is the official publication of the American Road & Transportation Builders Association (ARTBA), a federation whose primary goal is to aggressively grow and protect transportation infrastructure investment to meet the public and business demand for safe and efficient travel. In support of this mission, ARTBA also provides programs and services designed to give its members a global competitive edge. TB is the primary source of business, legislative, regulatory, safety and economic news that matters most to transportation development professionals.

Transportation Builder® (ISSN 1043-4054) is published bi-monthly by the American Road & Transportation Builders Association (ARTBA). Postmaster: Send change of address to Transportation Builder®, c/o ARTBA, 250 E. Street, S.W., Suite 900, Washington, D.C. 20024. Phone: 202-289-4434, Fax: 202-289-4435, www.artba.org; [email protected]. Periodicals postage paid at Washington, D.C., and additional mailing offices. Subscriptions are $105/year for ARTBA members, which is included in the dues; $120/year for non-members; and $200/year non-U.S. mailing addresses. Copyright ©2018 ARTBA. All rights reserved. Material may not be reproduced in any form without written permission from the publisher. Reg. U.S. Patent & Trademark Office.

Visit us: www.transportationbuilder.org

EXECUTIVE COMMITTEE Chairman: Matt CummingsAECOM, Philadelphia, Pa.

Senior Vice Chairman: Bob Alger Lane Industries, Cheshire, Conn.

First Vice Chairman: Steve McGoughHCSS, Sugar Land, Texas

Northeastern Region Vice Chairman: David HarwoodTerracon, Olathe, Kan.

Southern Region Vice Chairman: Jeff Nelson David Nelson Construction Co., Palm Harbor, Fla.

Central Region Vice Chairman: Jim FehsenfeldHeritage Construction & Materials, Indianapolis, Ind.

Western Region Vice Chairman: Jeff ClydeW.W. Clyde & Co., Springville, Utah

Vice Chairman At-Large: Rob Charter Caterpillar Inc., Peoria, Ill.

Vice Chairman At-Large: Tim Duit Duit Construction, Edmond, Okla.

Vice Chairman At-Large: Don GraulParsons Construction Group, Westminster, Colo.

Vice Chairman At-Large: Randy LakeOldcastle Materials, Inc., Atlanta, Ga.

Vice Chairman At-Large: Ward Nye Martin Marietta Materials, Inc., Raleigh, N.C.

Vice Chairman At-Large: Melissa TooleySouthwest Region University Transportation Center, Texas A&M Transportation Institute,

College Station, Texas

Treasurer: Tom HillSummit Materials, LLC, Denver, Colo.

Secretary: Pete RuaneARTBA, Washington, D.C.

ARTBA-TDF Board of Trustees Chairman: Paul YarossiHNTB, New York, N.Y.

AASHTO-AGC-ARTBA Joint Committee Co-Chair: Tim Creson Webber, LLC, The Woodlands, Texas

Contractors Division President: John BoyleSource Contractors, Kingwood, W. Va

Contractors Division First Vice President: Dave Zanetell Kraemer North America, Denver, Colo.

AEM Representative: Ron DeFeoKennametal, Pittsburgh, Pa.

Research & Education Division President: Dr. José Holguín-VerasRensselaer Polytechnic Institute, Troy, N.Y.

Materials & Services Divison: Jeff SternerHigh Industries, Lancaster, Pa.

Planning & Design Division President: Susan MartinovichJacobs, Reno, Nev.

Public-Private Partnerships Division President: Simon Santiago Nossaman LLP, Washington, D.C.

Traffic Safety Industry Division President: Kevin Goforth Potters Industries, LLC, Chester Springs, Pa.

Transportation Officials Division President: Carl SchoedelKane County Divison of Transportation, Saint Charles, Ill.

Council of State Executives Chair: Mike SturinoIllinois Road & Transportation Builders Association, Itasca, Ill.

Immediate Past ARTBA Chairman: David Zachry Zachry Corporation, San Antonio, Texas

Past Chairman’s Council Chairman: Jim MadaraGannett Fleming, Allentown, Pa.

Industry Leader Development Council Chair: Jihane FazioAECOM, Philadelphia, Pa.

Promote your company’s products and services in “Transportation Builder!” Contact ARTBA’s Peter Embrey at 202.683.1026 or [email protected]. Check out our rates in the 2018 Media Kit available at www.artba.org.

“ARTBA reserves the right, at its discretion and without liability of any nature whatsoever, to reject, cancel or suspend any advertising in whole or in part, in which case any fees paid in advance shall be refunded to the advertiser on a pro-rata basis.”

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HIGHWAY CONSTRUCTION PRODUCTS & RESOURCES

Wirtgen America, p. 2

Weiler, Inc., p. 8 CASE, p. 16

John Deere, p. 29

GOMACO, p. 43

HIGHWAY SAFETY PRODUCTS & RESOURCES

Lindsay, p. 5

Brite Line Technologies, p. 7

Flagger Joe, p. 11

Transpo, p. 18

FHWA Safety Training, p. 22

National Work Zone Safety Information Clearinghouse, p. 23

Hill & Smith, p. 27

ORAFOL Americas, p. 33

Gregory Industries, p. 34

Traffix Devices, p. 37

Safety Certification for Transportation Project ProfessionalsTM, p. 41

Trinity, p. 44

SOFTWARE

B2W Software, p. 31

HCSS, p. 38

TRAINING

Avoiding Runovers and Backovers, p. 28

ARTBA

Transportation Construction Safety Center, p. 9

2018 National Convention, p. 32

Integrated Communications, p. 35

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A ndy Warhol was right: “In the future everyone will be

world-famous for 15 minutes,” the white-haired pop artist said 50 years ago.Today, we live in a celebrity culture, often fueled by social media.Too often, however, fame is for selfish and notorious reasons, rather than doing what is best for our communities and the common good.Allan Myers’ Ross Myers and Austin Industries’ David Walls are exceptions to this unfortunate phenomenon.They are not celebrities in the Warhol sense, though both men are well-known and highly-regarded transportation construction industry executives and safety leaders.Their companies and people build great projects.They have leadership roles on important boards and foundations.They have been on the cover of Transportation Builder and featured in other construction industry publications and mainstream media.Most importantly, however, Myers and Walls have each dedicated their long careers to the unselfish mission of saving lives and preventing injuries in our industry workforce and the public at large.In May, I interviewed both men, along with several of their key safety executives, for the annual “Safety Source” in this issue.I’ve met a lot of CEOs during my 30-year journalism career. I can’t think of any who were as sincere and serious about a topic as Myers and Walls were while discussing transportation project safety.They weighed their words thoughtfully.They understand the human consequences if safety isn’t a constant, focused priority.For them, safety is not a reality show, it’s a reality.It’s not about celebrity, it’s about commitment.It’s not fleeting re-tweets and “Likes” of social media, which disappear from the screen in less than 15 minutes. For Walls and Myers, safety is about a sustained effort to reduce construction fatalities and injuries to zero.That goal achieved still might not make them celebrities.But it would make all of us celebrate.

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Meeting Industry Safety Leaders

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May/June 20186 | www.transportationbuilder.org

MATT CUMMINGS Executive Vice President AECOM

Safety Certification Program is Latest Example in Long Line of ARTBA Leadership Initiatives

Y ou’ve been hearing a lot about safety on the highways. You should hear a great deal more.

This is one subject which cannot be over emphasized… It is a grave national situation and one in which we all have a part. It is not an overstatement to say that your life may depend on it.”

Doesn’t this sound like a statement you might have heard recently from an ARTBA volunteer or senior staff? Think again.

It’s from a 1945 column in “Road Builder’s News” by then American Road Builders Association (ARBA) Engineer-Director Charles M. Upham. He explains further the association “for more than 20 years has stressed the need for greater safety on our highways and has worked to bring it about.”

Upham’s column makes clear at least three things. First, ARTBA’s leadership and commitment to improving roadway safety for motorists and workers has been a key part of the mission since the association’s 1902 founding. Second, as an advocacy organization, the quest for “better and safer roads” truly never ends. Third, all of the association’s safety initiatives wouldn’t happen without the intellectual and financial contributions, and personal involvement of its volunteer leaders.

Road safety topics and products were part of the program in 1909 when the American Road Makers (ARM) launched the “Road Show”—the forerunner to today’s CONEXPO-CONN/AGG. ARBA was a key participant in the 1940s-era “President’s Highway Safety Conferences,” hosted by former association member Harry S. Truman.

In the 1960s, the association supported establishment of the U.S. Department of Transportation and its oversight

on safety matters. In 1979, industry leaders launched ARTBA’s Traffic Safety Industry Division to provide a home for manufacturers of roadway safety hardware, including barricades and barriers, signage, pavement markings, crash cushions, and other temporary traffic control devices. Creation of the Transportation Safety Advisory Council, and Safety & Insurance Committee soon followed.

In 1985, ARTBA hosted the first National Conference on Highway Work Zone Safety in partnership with FHWA and the American Association of State Highway & Transportation Officials (AASHTO). This led to a second conference in 1994, and out of its proceedings, emerged the idea of a National Work Zone Safety Information Clearinghouse (www.workzonesafety.org) to serve as a centralized information resource aimed at improving motorist and worker safety in these sites.

The ARTBA Foundation won the FHWA contract to create such a facility in 1997. More than 20 years later, the Clearinghouse has become the world’s largest online resource on road construction safety, with helpful materials available in seven languages. Along the way, under contracts from FHWA and OSHA, the ARTBA Foundation has also provided safety training for more than 100,000 industry professionals.

The latest example of innovative leadership is found in the 2016 launch of the ARTBA Foundation’s Safety Certification for Transportation Project ProfessionalsTM

(SCTPP) program, which you will learn more about in the pages of this issue’s annual “Safety Source.”

This certification exam tests knowledge of industry-established core competencies necessary to recognize and mitigate potential hazards to those in and around transportation project sites. Most notably, in early May,

"

PAUL YAROSSI Executive Vice President HNTB

ARTBA CHAIRMAN ARTBA FOUNDATION CHAIRMAN

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FROM THE CHAIRMEN

the SCTPP program earned the “gold standard” of professional credentialing with international accreditation from the American National Standards Institute (ANSI). It’s a milestone achievement that we believe will help propel the program to the next level.

Everyone in our industry owes a huge debt of gratitude to three driving forces—David Walls (Austin Industries), Ross Myers (Allan Myers) and David Zachry (Zachry Corporation)—for providing the leadership “muscle” to get the certification launched. We also salute the safety experts and C-suite executives from the following organizations who shaped the program’s scope and created the exam questions:

• Arch Insurance Group • Ash Grove• Astec Industries• Barriere Construction • Cargo Transporters• CRH Americas• Granite Construction• HNTB• Kiewit Infrastructure Group • Laborers’ Health & Safety Fund of North America • Laborers’ Training & Education Fund• Lane Construction • Liberty Mutual Insurance • National Asphalt Pavement Association• National Institute for Occupational Safety & Health • Plastic Safety Systems• Superior Construction • Texas Department of Transportation• The Center for Construction Research & Training • The Vecellio Group • Virginia Tech • Wagman Heavy Civil • WSP USA

We strongly encourage you to engage your firm’s key employees in the certification program. Bolstering the number of “safety certified eyes and ears” on transportation project sites is the industry’s collective responsibility. As Charles Upham reminds us, “this is one subject which cannot be over emphasized.”

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www.artbasafetycenter.org

The Industry’s “Go To” Safety Resource

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May/June 201810 | www.transportationbuilder.org

T he U.S. transportation construction industry has a long history of positive safety results ... and

shortcomings. Construction of the famous Brooklyn Bridge, a generation before ARTBA’s 1902 founding, is an example. One late 1870s photo shows a sign on the cable walkway leading to one of the tower tops:

Safe For Only 25 Men at One Time. Do Not Walk Close Together, Nor Run, Jump, or Trot. Break Step! --- W.A. Roebling, engineer in chief

Roebling was clearly thinking about safety. But nearly 30 workers are estimated to have been killed on the job. Roebling himself suffered a debilitating case of “the bends” after ascending too quickly from an underwater caisson pumped with compressed air where men dug the river bottom. Hard hats didn’t exist on this project, and safety harnesses were rare, if used at all. Such now-common safety gear is also missing from many 20th century transportation construction photos. But, that’s not how we design and build today. ARTBA has been a transportation construction industry safety leader since its early days. The association’s safety programs can be viewed as a three-legged stool:

• Through ARTBA’s Transportation Development Foundation (TDF), we provide a wide variety of safety education programs that have trained more than 100,000 industry workers in recent years alone. The National Work Zone Safety Information Clearinghouse (www.workzonesafety.org), the world’s largest online resource devoted to the topic, annually fulfills 200,000 information requests.

• TDF also offers professional development and management training programs, and recognizes industry excellence through its safety awards.

• ARTBA’s legislative and regulatory advocacy—via the Traffic Safety Industry Division, the Transportation Safety Advisory Council, and Safety & Insurance Committee—helps ensure that Congress and federal agencies also keep safety top of mind.

There are many outstanding volunteer industry leaders, senior ARTBA staff and other outside expert consultants engaged in each of these three segments, and they all work to help underline one main point: safety is an ARTBA core competency. That’s why in the past year, we created the Transportation Construction Safety Center (www.artbasafetycenter.org) as a gateway to all these valuable programs and services. And it also explains why the Safety Certification for Transportation Project ProfessionalsTM program recently earned international accreditation from the American National Standards Institute (See story on page 18). Many ARTBA members and firms are equally dedicated to the safety of their employees. You can read about a few of them in this annual “Safety Source.” Joined by other industry partners and public agencies, we have made great strides in reducing work zone injuries and fatalities. I suppose we could pause here to slap high-fives and pat ourselves on the back. But I’m not ready for that, not now, and not until injuries and fatalities are reduced to zero. ARTBA’s vision for our industry is to reach the day when we don’t talk about “doing a job safely.” Rather, we look forward to when we simply say, “This is how the job is accomplished correctly.” There will be no special discussion about safety procedures because all aspects of project development and construction will incorporate the latest best practices to save lives and prevent injuries. Nobody will consider working any other way. It will simply be the only way we build. As an advocacy group, ARTBA is relentlessly committed to pursuing this goal. We know you are with us!

FROM THE PRESIDENT’S DESK

Doing It Right Means Doing It Safely

T. PETER RUANE

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May/June 201812 | www.transportationbuilder.org

SAFETYSOURCE

R oss Myers and David Walls are two of the U.S. transportation construction industry’s most passionate and articulate safety leaders.

For nearly 40 years each, they have ingrained into their respective companies key principles, processes and procedures aimed at reducing infrastructure project site injuries and fatalities. They have motivated their employees to execute these measures, which go beyond government regulations or industry standards.

Proof of their success is found in Occupational Safety & Health Administration (OSHA) recordable incident rates for their firms, which are far below the national average.

But Myers’ and Walls’ efforts haven’t stopped at the edge of their project sites or employee payrolls. They have encouraged their subcontractors and others in the industry to follow their example.

They are raising the bar for safety across the industry, both for colleagues and for competitors. Why? Because it’s the right thing to do.

One of the most visible ways they are doing so is as co-chairs of the program they played a critical role in launching back in October 2016: the Safety Certification for Transportation Project Professionals™ (SCTPP). In May, SCTPP earned American National Standards Institute (ANSI) accreditation, the gold standard in credentialing. (See story on page 18)

On the following pages, Myers, chairman and CEO of Pennsylvania-based Allan Myers, and Walls, president and CEO of Austin Industries, joined by key executives at their firms, share their views about building a world-class safety culture. The interviews were conducted in May 2018 at Austin’s headquarters in Dallas, and an Allan Myers project site near Ocean City, Maryland.

Profiles in Safety Leadership

Austin safety meeting at Dallas/Fort Worth International Airport. Photo courtesy of Austin Bridge & Road.

By Mark [email protected]

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DAVID WALLS: Keeping Safety Simple and Effective

S afety is a very complicated subject,” said DavidWalls, president and CEO of Dallas-based Austin

Industries, parent company of Austin Bridge & Road, Austin Commercial and Austin Industrial.

Some government safety programs and manuals are as thick as old-fashioned telephone directories, he noted. Walls even wrote his own book on the subject, World Class Safety Program, which supplements the narrative about life-saving leadership and processes with sophisticated diagrams and charts.

“But you’ve got to get this information to the craftsman’s level,” Walls added. “What are the things you must do, or cannot do.”

All three Austin companies adopted “Life Critical Rules” to prevent injuries and fatalities. These “absolute rules” fit on an index card, one side in English, the other in Spanish.

Austin employees and subcontractors are required to abide by them.

“There were some growing pains,” Michael Morris, Austin’s vice president of safety, said of the initiative’s launch nearly a decade ago.

The company released a 30-year veteran for breaking one of the rules.

R espect your hourly workers.”

Ross Myers said he learned this valuable lesson from his late grandfather, Allan A. Myers.

“They are really the heart and soul of the organization. They do the work,” Ross Myers said. “And the number one way we respect our workers is to send them home safe to their families.”

The company’s “care and concern” culture has evolved since Allan A. Myers and his son, Allan C. Myers, Ross’ father, co-founded their hauling business in 1939. Three years ago, the Myers firm, American Infrastructure and Independence Construction Materials consolidated under one name “Allan Myers,” with Ross as chairman and CEO.

Earlier in his career, Myers said he struggled with getting workers to wear hard hats. Today, the Pennsylvania-based construction firm, which also provides asphalt and aggregate in the Mid-Atlantic region, has adopted a progressive approach to improve employee safety.

“Every year we work to get better,” said Senior Vice President of Corporate Services Bob Herbein, formerly the firm’s safety director. “What’s changed in our culture over the last 10 years is that we have really worked at

ROSS MYERS: Care and Concern for Workers

David Walls, President and CEO

Austin Industries

Founded 1918

Dallas, Texas

Austin Bridge & Road; Austin Commercial and Austin Industrial

Employees: 7,000

Annual Revenue: $2 billion

OSHA Recordable Incident Rate*: 0.69,companywide; 1.44, Bridge & Road. Includes subcontractors.

" "

(Continued on page 14)

Ross Myers, Chairman and CEO

Allan Myers

Founded 1939

Worcester, Pa.

Transportation and other construction; paving; site development; quarries and asphalt plants

Employees: 2,000

Annual Revenue: $800 million

OSHA Recordable Incident Rate*: 0.67 over the last 12 months.

(Continued on page 15)

*The OSHA Recordable Incident Rate is calculated by multiplying the number of recordable cases by200,000, and then dividing that number by the number of labor hours at the company. The nationalrate for “highway, street and bridge construction” was 3.5 in 2016, the most recent year available.

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SAFETYSOURCE

“We’d much rather do that then meet with his widow,” Walls said.

Individual subcontractors can’t be fired, but they have been prohibited from returning to an Austin job site.

“We took a little beef over that when we started it,” Walls continued.

Getting Results

There’s no beef about “Life Critical” results. Austin had its safest year ever in 2017. As Transportation Builder went to press in mid-June, all three companies had maintained five months of no lost time incidents.

“We are changing the whole industry because of our rule with subcontractors,” Walls said.

Like a growing number of construction firms, Austin goes “above and beyond” federal and state safety standards “because it is the right thing to do,” Morris said. One example is the requirement to use personal fall protection when operating scissor lifts.

Morris said he would like to see more cooperation between private industry and regulatory agencies about standardization of traffic control plans, especially in rural areas.

“I think we can take some lessons learned from the big cities and apply them in our rural communities,” Morris said. “We need a more concerted effort on that matter.”

Having a great safety record reduces business insurance premiums, and it keeps the work zone running smoothly and efficiently, which also saves money.

“Obviously, there is a financial incentive to do that, but if that is all you talk about it sends the wrong message to the craftsmen,” Walls said. “If we never address safety, then why would we expect safety to be a value?”

Whether dealing with subcontractors, or a firm’s own employees, following safety processes and procedures is only half the story, Walls said. The other critical component is leadership.

Safety Leadership

“It’s got to start at the top,” Walls said. “If safety is not important to the senior leadership of the company, it is not going to be important to the rest of the company.”

Walls said he learned an important lesson as a father: “You get the behavior that you tolerate from people. If you tolerate bad behavior, who is at fault? It’s the employer.”

Early in his career, Walls was leading a project where a fatality occurred. Soon after, the victim’s father confronted him with the unanswerable question: “Why did you kill my son?”

“It really shook me foundationally,” Walls said. “I just sat there and took it, because what can you say? It changed my whole perspective of safety. It was a defining moment for me.”

Decades later, it still motivates him.

“I realized that I am in a position of authority, and what am I doing about it,” he said. “Leaders also have to keep asking what they are not doing that they could be doing to make their company world class in safety.”

Walls frequently delivers his safety message to his company, and through ARTBA and other industry groups.

“When I give a safety talk, I always ask: ‘How many people have been involved in a fatality on a job site?’ My goal is to have nobody raise their hand. It’s never happened yet, but that’s the goal.”

Austin Bridge & Road "Life Critical Rules"

1) Use fall protection when working at heights of 6 feet or greater.

2) Check safety devices before using a crane.

3) Verify control of energy source before starting work on equipment and plants.

4) Have authorization before entering a confined space.

5) Have an approved plan before making a critical lift.

6) Ensure protection before working in failure zone of an excavation.

7) Maintain minimum clearance from power line while operating equipment.

8) Stay within traffic control limits.

(Walls, continued from page 13)

US 75 Anna, Texas. Photo courtesy of Austin Bridge & Road.

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embedding that attitude of care and concern into all of the leaders in the company. It can’t be just Ross.”

Housekeeping & Stretching

For example, in what sounds like it could be a new reality television show, but is totally serious, Allan Myers this year launched a companywide “Extreme Housekeeping” program.

Whether at an office or a construction trailer “our people deserve to be in a clean, well-lit place,” said company Vice President of Safety Paul Ziegler. Providing employees with a dignified workplace, and insisting they help to maintain it, he said, translates into more safety benefits.

Another measure is the company’s April overhaul of its five-year-old “stretch and flex” initiative. The new “dynamic stretching” program is intended to reduce the strains and sprains that cause 60 percent of workplace injuries.

“These workers are athletes,” Myers said. “But they are not just athletes for six years, they are athletes for decades. The repetitive motion in construction can take a toll. That’s why we’ve been taking soft tissue injuries seriously.”

The company provides athletic trainers and wellness coaches for its employees. The idea is to incorporate safe and healthy practices not only on the job, but also away from the workplace. The approach has resulted in a range of benefits, from some workers improving their diet and losing weight, to a reduction in risk associated with sprains and strain injuries.

Subcontractors, too

Allan Myers applies its approach to subcontractors.

“We have two-day workshops with the subs’ owners to talk about zero injuries and our philosophy of care and concern,” Ross Myers said. “I think we have changed some attitudes. A lot start to adopt our safety program and means/

(Myers, continued from page 13)

Photo courtesy of Allan Myers.

methods. But it’s got to start with their owners and leadership.”

On a project site, employees and subcontractors all attend the same ‘Safe Start Orientation.’ Workers are told that safety expectations are above and beyond Occupational Safety & Health Administration regulations and state government standards.

“They see and realize that things are going to be different,” said Laurie Bryan, an Allan Myers project manager. “You often hear them say, ‘Nobody else makes us do that.’ ”

Workers are told to speak up if they see a near-miss safety incident or notice violations, even if it stops the project or costs money.

“That’s how people know that you do care,” Bryan said.

Myers added: “It’s not all about rules and regulations, and policies and procedures, though that is certainly necessary and part of it. It’s really all about leadership.”

Allan Myers has 2,000 employees, with 40 full-time Health, Safety & Environmental professionals. They also have a Safe Operations Leadership Team which is comprised of Operational and HSE leaders that develop, influence and lead the direction of the company’s safety program and culture. But Myers has a different number in mind when asked how many people are responsible for safety.

“Everyone,” he said.

Mark Holan is ARTBA's editorial director.

Route 202 project near Philadelphia.

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Dire States is an advocacy effort created and supported by CASE Construction Equipment, a brand of CNH Industrial America LLC. ©2018 CNH Industrial America LLC. All rights reserved. CASE is a trademark registered in the United States and many other countries, owned by or licensed to CNH Industrial N.V., its subsidiaries or af�liates.

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“Dire States 2018 Grant”4/C Bleed Full Page9.25” x 11.25”9” x 10.75”8” x 10”

ARTBA, Roads & Bridges Insertion Date: February 2018

CASE Construction Equipment is pleased to award $25,000 in

equipment support to Surrey, North Dakota to help with much-needed

road drainage revitalization and � ood control projects throughout

the community. This grant will provide machinery, along with local

dealer support. Congratulations Surrey, let’s get the job done!

Read more about their story at: DireStates.com

SURREYWINS!

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SAFETYSOURCE

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4-17-2018 1:52 PMCASE-134_06_K5_DireStates2018_Recipient_ARTBA_RB.indd DATE:FILE NAME:CLIENT: FAS

Dire States is an advocacy effort created and supported by CASE Construction Equipment, a brand of CNH Industrial America LLC. ©2018 CNH Industrial America LLC. All rights reserved. CASE is a trademark registered in the United States and many other countries, owned by or licensed to CNH Industrial N.V., its subsidiaries or af�liates.

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Media:

“Dire States 2018 Grant”4/C Bleed Full Page9.25” x 11.25”9” x 10.75”8” x 10”

ARTBA, Roads & Bridges Insertion Date: February 2018

CASE Construction Equipment is pleased to award $25,000 in

equipment support to Surrey, North Dakota to help with much-needed

road drainage revitalization and � ood control projects throughout

the community. This grant will provide machinery, along with local

dealer support. Congratulations Surrey, let’s get the job done!

Read more about their story at: DireStates.com

SURREYWINS!

Ross Myers and David Walls are co-chairs of the ARTBA Foundation’s Safety Certification for Transportation Project ProfessionalsTM (SCTPP) Certification Commission. The independent body was established in 2016 by the ARTBA Foundation for sole governance of the certification program and related certification decisions.

Walls and Myers are joined by 10 other industry leaders. Other commissioners come from the public and private sectors of the transportation construction industry, organized labor, and the trucking industry.

In May, SCTPP received American National Standards Institute (ANSI) accreditation under the ISO/IEC 17024:2012 international standard. (See story on page 18)

“It really adds to the credibility of the program,” Walls said. “I think it will be a tremendous thing for state DOTs and other project owners to start to specify how many people on the job should have the SCTPP credential. It will continue to change the industry.”

Myers noted that ANSI accreditation means engineers can use the SCTPP certification as part of their continuing education credits. “That’s the pull instead of the push,” he said.

Dozens of employees at both Austin Industries and Allan Myers have obtained the safety certification credential. More of their workers continue to enroll in the program.

“We are using SCTPP, and it does work,” Myers said. “I strongly encourage others to participate and get people through the program.

Allan Myers’ “Dynamic Stretching”

These stretching exercises help reduce “sprains and strains,” which account for over 60 percent of workplace injuries.

1) Arm circles: Arms extended in T shape, small circle increase to larger circles.

2) Side lunges: Shift one foot and lower body toward the ground with the leading leg.

3) Reach and touch: Spread feet slightly beyond shoulder width and bend to touch toes.

4) Squats: Feet at shoulder width, bend at knees and hips, keeping back straight.

5) Toe raises: Rock forward on toes keeping knees straight, lifting heels off the ground.

6) Side bends: To each side, extending opposite arm overhead.

Laurie Bryan is already putting her Safety Certification for Transportation Project ProfessionalsTM (SCTPP) credential to work.

Bryan is an Allan Myers project manager on the $51.4 million U.S. 113 design-build widening near Ocean City, Maryland. The company is partnering on the project with Virginia-based civil engineering firm Wallace Montgomery, another ARTBA member.

“Design-build is a really unique opportunity,” Bryan said. “We can eliminate safety hazards at the beginning.”

Her team has questioned everything from the depth and location of pipes and utilities, to Maintenance of Traffic (MOT) schemes to reduce highway crossovers during the construction, all with an eye toward eliminating or mitigating safety hazards.

Bryan obtained her SCTPP credential in February. She is among more than 225 industry professionals who have earned

the credential since the program launched in late 2016. Myers has over 50 safety certified employees, including Bryan.

To prepare, Bryan used the SCTPP Study Guide & Exam Practice Questions to brush up on the P.E. credential she obtained three years ago. “The practice tests definitely helped,” she said.

The ARTBA Online Learning Center offers courses on a range of transportation construction topics. The courses, which offer Professional Development Hours (PDHs), are developed by industry experts and can be used for career advancement and to prepare for the SCTPP examination. They can be accessed in “Prep Courses” at www.puttingsafetyfirst.org.

“You better study,” Bryan said.

Myers and Walls Lead Safety Certification Commission

Safety Certified Credential Holder Laurie Bryan

Laurie Bryan

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SAFETYSOURCE

T he ARTBA Foundation’s certification program to test and recognize an individual’s knowledge of the core

competencies needed to recognize and mitigate safety hazards on transportation project sites in May earned the “gold standard” of professional credentialing.

The Safety Certification for Transportation Project Professionals™ (SCTPP) program, launched in late 2016 by then ARTBA Chairman David Zachry, CEO Zachry Corporation, received accreditation from the American National Standards Institute (ANSI) under the ISO/IEC 17024:2012 international standard.

ANSI accreditation signifies the certificate holder has completed a prescribed course of study designed specifically to meet pre-defined industry requirements and that the program’s sponsor has met, and continues to

meet, international standards for quality improvement. It distinguishes industry- or government-developed professional credentialing programs from “self-certified” certificate courses offered by organizations and private vendors.

“ANSI accreditation is significant because it means an independent, third party organization conducted a thorough evaluation of how our exam was developed, is administered and continuously improved, and determined we meet an international standard of excellence,” says ARTBA Senior Vice President of Safety & Education Brad Sant.

“Earning the certification credential brings additional benefits for both the employee and employer,” Sant says. “For employees, it shows their employer and their peers that they have the ability to identify common hazards found on transportation project sites and the competency to address them to prevent safety incidents that could result in deaths or injuries. For employers, it demonstrates a commitment to the health and safety of their employees and that project safety is the top priority.”

The approval by ANSI’s Professional Certification Accreditation Committee (PCAC) required the Foundation’s submission of a 550-page application, rigorous audits of its management systems and psychometric procedures, and detailed examination of the test’s development and administrative processes.

“This is a major development. Earning ANSI accreditation didn’t just happen,” said SCTPP Commission Co-Chair Ross Myers, the chairman & CEO of Pennsylvania-based Allan Myers. “It is the culmination of nearly five years of work by the industry’s best and brightest safety leaders from both the private and public sectors who shaped the program and developed the test under the ARTBA umbrella. This is an industry consensus program.”

David Walls, SCTPP Commission Co-Chair and the president & CEO of Dallas-based Austin Industries, added, “We believe ANSI’s stamp of approval will build momentum for industry firms and public agencies to accelerate the number of their employees who become safety certified.”

“Safety Certification” Program Earns ANSI AccreditationBy Eileen [email protected]

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“ANSI accreditation is significant because it means an independent, third party organization conducted a thorough evaluation of how our exam was developed, is administered and continuously improved.”

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Myers, Walls, and several other leaders from some of the nation’s top transportation infrastructure firms, the insurance industry, organized labor and government make up the Certification Commission. The group established operational policies in April 2016 and provides leadership, governance and ongoing oversight.

Commissioner Victor Mendez, former Deputy Secretary of the U.S. Department of Transportation said, “Achieving ANSI accreditation is a significant milestone for the program. Accreditation affirms the value and importance that SCTPP offers to all public and private sector players. SCTPP instills advanced safety business practices that will improve safety for our industry workers and the traveling public.”

Jerry Waddell, director of safety for Cargo Transporters, Inc. and an SCTPP commissioner, said the certification process assures a safe working environment for all workers at highway construction projects, and the overall protection of the motoring public.

“A tremendous amount of time and effort has been put forth by countless professionals to assure the SCTPP program met the highest standard of excellence without exception,” he said. “By having achieved the milestone of ANSI accreditation, ARTBA has a program in place where the process of certification is now clear, concise, and adequately measures the knowledge of the candidate.”

ANSI Senior Director of Credentialing Programs, Dr. Vijay Krishna, added, “ANSI commends ARTBA’s Foundation for achieving accreditation and demonstrating its commitment to the continual improvement of its certification program. Accreditation by ANSI demonstrates compliance to a rigorous internationally recognized accreditation process and creates a valuable market distinction for these credentials.”

The SCTPP is aimed at the thousands of project supervisors, foremen, inspectors, planners and designers who are in decision-making positions from a project’s inception through completion.

Learn more at www.puttingsafetyfirst.org.

Eileen Houlihan is ARTBA’s senior writer/editor.

AECOM-ARTBA Partnership Enhances Transportation Site SafetyBy Eileen Houlihan

ARTBA and member company AECOM have created a formal partnership to strengthen the infrastructure

firm’s position in the design, construction and management of safer transportation infrastructure projects.

The partnership will encourage and facilitate AECOM employees earning the American National Standards Institute (ANSI)-approved “Safety Certification for Transportation Project Professionals™” (SCTPP) designation. The certification exam tests knowledge of industry-established core competencies necessary to recognize and mitigate

potential hazards to those in and around transportation project sites.

“AECOM is committed to helping improve safety in and around all the transportation projects we design, build and manage,” said AECOM Executive Vice President and 2018 ARTBA Chairman Matt Cummings. “We are proud to be the first major international firm to fully integrate

the ANSI-accredited SCTPP program into its professional development portfolio. We are also delighted to partner with ARTBA, a true leader in the safety arena and the holder of the only transportation construction industry accredited program in safety.”

The ARTBA Foundation developed the SCTPP exam to meet the rigorous ANSI protocol with help from a panel of subject matter experts from leading U.S. transportation construction firms, state transportation departments, federal agencies and labor unions. The program earned ANSI accreditation in May. The exam is administered nationwide at Pearson VUE Test Centers.

The AECOM-ARTBA partnership also makes SCTPP prep courses and sample exam materials available to AECOM employees through the ARTBA Foundation’s online learning portal: www.puttingsafetyfirst.org. The transportation project-specific safety courses, which can be taken even if one is not pursuing the SCTPP certification, have been pre-approved for Professional Development Hours (PDH) to meet licensing requirements for engineers in Florida, North Carolina and New York. The PDHs are also accepted by the 38 states that follow the National Council of Examiners for Engineering and Surveying (NCEES) Model Rules for continual professional competency.

David Walls Ross Myers David Zachry

AECOM's Matt Cummings

Three driving forces behind creation of the SCTPP.

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SAFETYSOURCE

• Michael Barefoot, safety manager, Webber, LLC, North Richland Hills, Texas

• Andy Bates, project manager, Allan Myers, Schwenksville, Pa.

• Tim Beguin, corporate safety director, Wiregrass Construction Co., Inc., Decatur, Ala.

• Nicholas Benyovszky, field engineer, Allan Myers, New Britain, Pa.

• Jeffrey Bickel, field engineer, Allan Myers, Collegeville, Pa.

• Adam Bisher, project manager, Allan Myers, Yardley, Pa.

• John Breck, HSE specialist, Allan Myers, Blandon, Pa.

• John Bridge, project manager, Austin Bridge & Road, L.P., Keller, Texas

• Robert Brode, safety, Allan Myers, Pylesville, Md.

• Ethan Brown, project engineer, Wright Brothers Construction Co., Inc., Smyrna, Ga.

• Laurie Bryan, project manager, Allan Myers, North Beach, Md. (See story page 17)

• Bradley Bushey, senior project engineer, Allan Myers, Glen Allen, Va.

• William Colley, foreman, Austin Bridge & Road, L.P., North Richland Hills, Texas

• Kevin Colwell, Gallagher Asphalt, Channahon, Ill.

• Galen Cooter, SH&E manager, AECOM, Corona, Calif.

• Jeffrey Dremel, senior project engineer, Allan Myers, Worcester, Pa.

• Augustus Everhardt, field manager, Allan Myers, Fallston, Md.

• Nicholas Fenstermaker, project manager, Allan Myers, Emmaus, Pa.

• Brian Flynn, project manager, Allan Myers, Mertztown, Pa.

• Cody Fry, HSE specialist, Allan Myers, Mechanicsville, Va.

• David Gilinger, craft development trainer, Allan Myers, Phoenixville, Pa.

• Nicholas Giorgio, superintendent, Allan Myers, Surry, Va.

• Dawnica Hall, safety director, Siboney Contracting, Floresville, Texas

• Marshall Hartless, inspector II, MBP, Abingdon, Va.

• George Herceg III, project manager, Allan Myers, Midlothian, Va.

• Jeremy Hostetler, area safety manager, The Lane Construction Corporation, Deltona, Fla.

• David Houghton, Wright Brothers Construction Co., Inc., Charleston, Tenn.

These transportation construction industry professionals obtained the Safety Certification for Transportation Project Professionals™ (SCTPP) credential between January and May 2018, joining hundreds of others since the program was launched in late 2016. The certification is valid for three years. Learn more at www.puttingsafetyfirst.org.

2018 “Safety Certified” Transportation Project Professionals

• Ryan Houston, project manager, Wright Brothers Construction Co., Inc., Charleston, Tenn.

• Gene Howard, project manager, Superior Construction, Jacksonville, Fla.

• Christopher Hunara, field manager, Allan Myers, Lancaster, Pa.

• Zac Jourdan, estimator/project manager, Barriere Construction Co., LLC, Franklinton, La.

• Bob Kaiser, superintendent, Austin Bridge & Road, L.P., Irving, Texas

• Ryan Kaufmann, field engineer, Barriere Construction Co., LLC, Slidell, La.

• Justin Keller, project engineer, Allan Myers, Quakertown, Pa.

• Joseph Kennedy, estimator/project manager, Barriere Construction Co., LLC, Franklinton, La.

• Christopher Kirby, director of risk management, Colas Inc., Morristown, N.J.

• Travis Kirchner, project manager, Allan Myers, Pottstown, Pa.

• Zachary Kollmann, project engineer, Allan Myers, Worcester, Pa.

• James Kuhland, superintendent, Allan Myers, Henrico, Va.

• Jason Kushner, senior project engineer, Allan Myers, Douglassville, Pa.

• Joseph Landino, safety director, Ajax Paving Industries, Inc., Troy, Mich.

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• Gregory Lobko, superintendent, Allan Myers, Lansdale, Pa.

• Corey Lovelace, cad tech, Wright Brothers Construction Co., Inc., Cleveland, Tenn.

• Matt Lunzman, superintendent, Hawkins Construction, Lincoln, Neb.

• Jacob Macheca, field engineer, Barriere Construction Co., LLC, Bush, La.

• Adam Maier, safety professional, Terracon Consultants, Olathe, Kan.

• David Malkowski Sr., corporate safety coordinator, JMT, Hunt Valley, Md.

• Jose Manzano, safety inspector, CW Roberts Contracting, Tallahassee, Fla.

• Domenic Marino, project manager, Allan Myers, Havertown, Pa.

• Edward Mays, field safety coordinator, Barriere Construction Co., LLC, Metairie, La.

• Tim McDermott, HSE manager, Allan Myers, Oreland, Pa.

• Russell McElroy, senior safety supervisor, The Lane Construction Corporation, Charlotte, N.C.

• Andrew Morris, field manager, Allan Myers, Gloucester, Va.

• Gawngmai Myitung, senior project engineer, Allan Myers, Charlottesville, Va.

• Robby Oliff, senior safety supervisor, The Lane Construction Corporation, Alexandria, Va.

• Sze Wun Ingrid Ngai, project engineer, Allan Myers, Worcester, Pa.

• Jacob Norris, shift safety representative, J.F. Shea Construction Inc., Indianapolis, Ind.

• Kyle Poss, project manager, Austin Bridge & Road, L.P., Frisco, Texas

• Mohammed Raoof, assistant project manager, Superior Construction, Jacksonville, Fla.

• David Reeve, foreman, Allan Myers, Audubon, N.J.

• Daniel Rieck, superintendent, Allan Myers, Williamsburg, Va.

• Doug Riley, safety director, Green Acres Contracting Co., Inc., Scottdale, Pa.

• Eric Samples, estimator, Wright Brothers Construction Co., Inc., Charleston, Tenn.

• John Savage, senior safety supervisor, The Lane Construction Corporation, Norfolk, Va.

• Doug Schultz, president, Herlihy Mid-Continent Company, Romeoville, Ill.

• Sean Seelbach, safety director, Webber, LLC, Montgomery, Texas

• Scott Shuey, operating group safety professional, Terracon Consultants, Inc., Platte City, Mo.

• Robert Snyder, HSE regional manager, Allan Myers, Worcester, Pa.

• Jeff Stephens, safety director, Emery Sapp & Sons, Inc., Columbia, Mo.

• Bryan Stone, safety director, Superior Construction Company, Jacksonville, Fla.

• Justin Taylor, senior field engineer, Barriere Construction Co., LLC, Franklinton, La.

• Justin Templet, safety and claims coordinator, Barriere Construction Co., LLC, Metairie, La.

• Jon Thomas, safety manager, Webber, LLC, Conroe, Texas

• Eric Tombaugh, general superintendent, Austin Bridge & Road, L.P., Irving, Texas

• Damien Vrontisis, senior project engineer, Allan Myers, East Norriton, Pa.

• Stephen Wargo, project manager, Allan Myers, Downingtown, Pa.

• Andrew Wilson, project manager, Barriere Construction Co., LLC, Metairie, La.

• Andrew Wingard, superintendent, Allan Myers, Glen Allen, Va.

• Christopher Woll, construction manager, Allan Myers, Perkasie, Pa.

• Jim Wright, director of safety and health, Terracon Engineering, Olathe, Kan.

• Stephen Young, EHS manager, RK&K, Morgantown, Pa.

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Safety Training at your site at

no cost

Safety Training for the Roadway Construction Industry

Roadway Safety+

Safety Training for the Roadway Construction Industry

ARTBA’s OSHA

10-Hour

Guideline Books

All materials can be found at www.workzonesafety.orgThis material is based upon work supported by the Federal Highway Administration under agreement DTFH61-II-H-00029. Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the Author(s) and do not necessarily reflect the views or policies of the U.S. Department of Transportation or the Federal Highway Administration.

#693JJ31750001 .

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National Work Zone Safety Information Clearinghouse

The World’s Largest Online Safety Information Resource

Crash Data

Research Library

Learning Opportunities

Flagger Information

Events & Conferences

Hot Topics

USE IT...SAVE LIVES!

Information provided bythe National Workzone Safety Information Clearinghouse, award #693JJ31750009, does not necessarily re�ect the views of the U.S. Highway Administration (FHWA) or the American Road & Transportation Builders Association-Transportation Development Foundation. References to speci�c products and services do not imply endorsement by the Clearinghouse or FHWA.

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May/June 201824 | www.transportationbuilder.org

S everal years ago, the ARTBA Foundation developed a training

program for spotters and drivers/operators to improve safety around large trucks and other heavy equipment through better communication. The course describes a “sphere of safety” that spotters and drivers need to visualize around their work.

This sphere requires vigilance for overhead hazards, underground dangers, and other surrounding risks. It is designed to protect both workers and the public, which pass through our project sites as motorists, cyclists, and pedestrians.

ARTBA considers this sphere in all its safety offerings, which are designed and tailored especially for the transportation construction industry. Our members face many of the same hazardous conditions as other construction sectors. They also frequently must work next to moving vehicles, including large earth moving and paving equipment, cranes and derricks, large trucks, and non-construction traffic moving at high speeds within inches of the project.

To help our members better meet these challenges, ARTBA launched in late 2017 the “Transportation Construction Safety Center” at www.artba.org/safety-center. It is the consolidated home for a suite of valuable programs, materials and services.

Available 24/7 Over 20 years ago, ARTBA established the National Work Zone Safety Information Clearinghouse. It has grown into the largest online transportation construction safety source in the world, fulfilling 200,000 information requests annually. Clearinghouse information is available whenever and wherever it’s needed at www.workzonesafety.org.

Over five years ago, ARTBA began offering online training in a “learning management system” environment. Nearly two dozen courses, from basic safety to advanced education, are available through our agreements with the U.S. Federal Highway Administration. The training is available through the Safety Center, or also can be accessed via the Clearinghouse.

Some of our offerings in the Online Learning Center (“Prep Course” at www.puttingsafetyfirst.org) are approved for Professional Development Hours (PDHs) by Florida, North Carolina, and New York. Another 38 states have adopted them for the National Council of Examiners for Engineering and Surveying (NCEES) Model Rules for continuing professional competency. The courses can also help people prepare for Safety Certification for Transportation Project Professionals™ (SCTPP) certification.

Live TrainingWhile online training is convenient and effective, sometimes there is no substitute for live instruction. ARTBA’s foundation has developed numerous industry-specific classes that are popular with workers and proven to improve safety. For example, runovers and back-overs remain the largest cause of death and injury in transportation construction. ARTBA’s training on preventing such incidents includes Internal Traffic Control, Safe Backing and Spotting, and Blind Spot Recognition. We also provide roadway-focused classes and information on fall prevention, working outdoors, and other safety topics.

ARTBA trains about 7,000 people every year in these face-to-face classes. And if we can’t get to your workers, we are developing more “Train-the-Trainer” classes so members can use our products to train their employees.

SAFETYSOURCE

A Sphere of SafetyBy Brad [email protected]

Safety CertifiedTraining is only helpful if it is remembered and used on the transportation project site. That’s why ARTBA spent over five years developing the SCTPP program. Now, industry leaders and workers can demonstrate that they understand and remember what they were taught by obtaining the certification after passing a comprehensive test. In May, SCTPP earned international accreditation by the American National Standards Institute (ANSI).

ANSI accreditation of the SCTPP program is a major development. Please take time to learn more about both beginning on page 18. It is aimed at a wide industry audience. More importantly, please make the commitment to enroll as many of your employees in the program as practicable.

ARTBA’s sphere of safety offerings continues to grow and evolve to meet the ever-changing needs of the transportation construction industry. We are committed to do all in our power to enable our members and their employees to have the information and resources necessary to work safely. We will not stop until we reach zero injuries and fatalities.

Brad Sant is ARTBA’s senior vice president of education and safety.

Photo courtesy of Allan Myers.

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May/June 2018 www.transportationbuilder.org | 25

ARTBA’s safety team has decades of combined experience, unmatched by any other transportation construction-related association. We have a commitment to hiring and retaining some of the best qualified safety professionals in the industry. Our multi-lingual team has served – and continues to serve – as advisors on government and private sector committees, work groups, councils and advocacy centers.

Bradley M. Sant, ARTBA senior vice president, safety and education, and the ARTBA Foundation’s executive director of safety, training and education programs, has over 25 years of experience in managing high-level safety and health, and adult training programs, including serving in senior safety positions with the Building and Construction Trades Department, AFL-CIO; the National Resource Center for OSHA Training; and the International Association of Fire Fighters. He has a bachelor’s from Utah State University with a double major in political science and Spanish, and a law degree from Georgetown University Law Center. He is an accredited OSHA instructor and former director of an OSHA outreach training center.

Beth MacNeil Stinson, vice president of education operations, designs, builds and administers online safety courses that support the Safety Certification for Transportation Project Professionals™ program, as well as safety initiatives from the National Asphalt Pavement Association and Federal Highway Administration. Stinson’s career in educational technology spans 30 years, with 15 years in software development as an instructional designer and product manager. She has a master’s in graphic arts and photography from the State University of New York at Albany and is a credentialed California Community College Instructor, a certified SCRUM Product Owner, and a certified Maryland Flagger.

Robinson Vasquez, safety training & business development manager, is an experienced trainer and business manager, with responsibilities for a variety of safety training contracts and liaison with the Hispanic community. Prior to joining ARTBA, he served as an attorney, specializing in construction law, international business and labor relations in his native Peru. He graduated cum laude from the Pontifical Catholic University of Peru, where he earned his law degree. He holds a master’s in comparative law from Brigham Young University and an M.B.A. from the University of Utah. He is a qualified OSHA instructor, having completed both the OSHA 510 and 500 courses.

Melanie Laird, group program specialist, is responsible for assisting staff in the management of federal safety contracts. Her responsibilities included writing and editing safety materials, coordinating webinars, and providing administrative support to the Safety Team. She manages the daily operations of the Council of University Transportation Centers (CUTC), and is program manager for the Safety Certification for Transportation Project Professionals™ (SCTPP) program. She received her bachelor’s in history from George Mason University.

ARTBA’s Safety Team

Emmett Russell is a 48-year veteran of the construction industry and a member of the International Union of Operating Engineers.

Gary Fore is a retired executive from the National Asphalt Pavement Association, and a founding partner of the Roadway Construction Safety Consortium.

Bruce W. Drewes is a Safety Certified Transportation Project Professional™ and master instructor with 16 years of experience in transportation construction.

Van A. Howell has taught and developed curriculum for various OSHA Training Institute Education Centers for nearly 10 years.

Neal Carboneau is a registered professional engineer with 25 years of experience in the heavy and highway industries.

Safety Consultants

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J eff Marootian brought great credentials to the job of director of

the District Department of Transportation (DDOT), including his years as assistant secretary for administration at the U.S. Department of Transportation (USDOT), and as a White House liaison. The D.C. city council unanimously confirmed him to the job at the start of this year.

But Marootian’s personal passion for safety has most shaped his career path.

“My mom lost her brother in a traffic accident and it is something that I have always thought about,

especially from the prevention side because so many of these incidents are preventable,” he said.

In his DDOT job, Marootian is directing Vision Zero strategy, D.C. Mayor Muriel Bowser’s priority program to reduce to zero by 2024 traffic fatalities and serious injuries to travelers on the region’s transportation system.

“Vision Zero is extremely important because I carry each story with me,” Marootian said. “Last year, we lost a little boy and I carry his story. For me, there is a personal connection.”

The six-year old boy was struck and killed on his birthday in May 2017 while crossing a D.C. street.

The Vision Zero action plan is the result of ideas, feedback and input of transportation safety advocates, community organizations, and residents. Marootian said he meets weekly with his team to analyze data not only

SAFETYSOURCE

New D.C. DOT Director’s Personal Passion for SafetyBy Eileen [email protected]

from larger-scale, major infrastructure projects, but also smaller corridors and neighborhoods.

Because the team meets weekly it is easier to deploy basic commonsense measures more quickly to prevent bureaucratic backlogs. “We are making very strong progress on tactical safety improvements,” Marootian said.

More than three dozen U.S. cites are involved in the Vision Zero network, which began in Sweden in the 1990s. According to the latest data, more than 37,000 people are killed each year on American roads and streets, and thousands more are injured. Learning from other cities involved in Vision Zero helps the District’s efforts.

“We’re constantly sharing within the Vision Zero network, often at in-person meetings. Most of the solutions cities

pursue are the same, but how they navigated various obstacles are valuable lessons shared,” he said.

A lot of the District’s early program was borrowed from New York City. Those solutions include the four Es: education, engineering, evaluation & enforcement.

“These stories are heart-wrenching,” Marootian said. “A fatality’s impact never goes away on a family. That’s why these efforts are so important.”

Eileen Houlihan is ARTBA’s senior writer/editor.

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ZONEGUARD®

The Zoneguard® steel barrier system, manufactured by Hill & Smith Inc., has been extensively crash tested to the newest set of standards for roadside safety devices, MASH (Manual for Assessing Safety Hardware) and has received eligibility from the FHWA.

In addition to its industry-leading crash test performance, Zoneguard’s ability to reduce trucks, improve installation and relocation time, decrease dead load on bridges and withstand years of utilization, make it the wisest barrier choice on the market.

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“This material was produced under the grant SH-26339-14-60-F-11 from the Occupational Safety and Health Administration, U.S. Department of Labor. It does not necessarily reflect the views or policies of the U.S. Department of Labor nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.”

This training program, available in both two-hour and four-hour formats, is designed to keep roadway construction workers safe from being struck by construction trucks and equipment.

Now available from ARTBA with support from the Occupational Safety and Health Administration (OSHA).

The program is FREE to all participants. A course accreditation card will be provided by ARTBA.

AVOIDING RUNOVERSAND BACKOVERS

For information on attending or hosting this valuable course Contact Robinson Vasquez at 202.289.4434 or email him at [email protected].

SCHEDULE YOUR CLASS!

A comprehensive training program designed to keep roadway construction workers safe from being struck by construction trucks and equipment.

This three-hour training program is now available from ARTBA with support from the Occupational Safety and Health Administration (OSHA).

The program is FREE to all participants. A course accreditation card can be provided by ARTBA.

For information on attending or hosting this popular course, contract Robinson Vasquez at 202-683-1030 or email him at [email protected].

This material was produced under the grant SH-31185-SH7 from the Occupational Safety and Health Administration, U.S. Department of Labor. It does not necessarily reflect the views or policies of the U.S. Department of Labor nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

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May/June 201830 | www.transportationbuilder.org

W hen it comes to the nation’s defense, the federal government

typically seeks to employ the best available products and technology to accomplish the mission. We want our military and intelligence agencies equipped to have every advantage in their quest to protect the safety of our citizens and the men and women who defend us.

So why is it that when it comes to highway safety and construction a World War I-era federal rule is being allowed to stifle the use of federal tax dollars to purchase innovative products that also could save lives, prevent injuries and upgrade the nation’s transportation infrastructure?

There is no good reason.

That’s why in March, ARTBA formally petitioned the U.S. Department of Transportation (USDOT) to repeal a 1916 federal procurement rule that prohibits

state and local governments from using patented or proprietary products on highway and bridge projects that receive federal funding, unless those products qualify under limited exceptions.

ARTBA is being assisted in the petition action by the Washington, D.C., law firm, Venable, LLP. The Venable team is led by former U.S. Secretary of Transportation James Burnley.

The rule—23 CFR 635.411—was adopted by the U.S. Department of Agriculture, which then managed the nascent federal-aid highway program, over the strong objections of both the American Road Builders Association, as ARTBA was then known, and the American Association of State Highway Officials, now AASHTO.

Impeding InnovationIn its filing, ARTBA points out that since many new technologies—particularly those marking a significant advance

in quality, performance, or durability—incorporate intellectual property, the rule has inevitably impeded the development and deployment of many new products from the federally-aided market.

It cites examples including the use of composite materials and disc bearings for bridges, moveable traffic barriers, higher visibility signage and breakaway sign posts.

The association’s petition argues the rule was not directed by the governing statute, the 1916 Federal-Aid Road Act, nor was it ever subject to the Administrative Procedures Act’s rigorous public notice and comment requirements. It further says there does not appear to be any factual record or official federal proceedings to support an objective rationale for the rule.

ARTBA also noted other federal agencies, including the U.S. Department of Defense, the Coast Guard and the National Aeronautics and Space Administration, have set up procurement systems that allow for the appropriate use of sole source contracts for patented or proprietary products to accomplish their missions.

What’s NextAs mentioned, ARTBA has opposed the proprietary products rule since “Day One.” But the current initiative to repeal it wasn’t just hatched on a whim. The association ramped up activity to force change over the past decade.

In 2007, ARTBA organized an industry meeting at the USDOT headquarters in Washington with the FHWA administrator and top agency staff to discuss our concerns with 23 CFR 635.411. That led to agency “guidance” to its field offices and the states that proved ineffectual.

ARTBA Moves to End Federal Procurement Rule Stifling Use of Innovative Products on State Highway ProgramsBy Nick [email protected]

A World War I-era federal regulation is putting the brakes on the latest transportation safety and construction innovations.

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In 2008, ARTBA advanced a resolution through the AASHTO-AGC-ARTBA Joint Committee—which was subsequently approved by the boards of the three organizations—urging Congress to pass legislation that would direct the Secretary of Transportation to approve the use of patented and proprietary products certified by the states to provide significant benefits to the public.

At the 2015 Dr. J. Don Brock TransOvation™ Workshop, ARTBA members considered the issue in a session titled “Breaking Down Barriers: Accelerating Innovation in Transportation Construction.” The FHWA administrator, top agency staff, and several state DOT officials were present for the discussion.

It prompted the FHWA in 2016 to launch a national review of “Patented & Proprietary Products in Federal-Aid Projects.” ARTBA was asked to gather input on the issue. An ARTBA Task Force developed a white paper, which pointed out that deploying innovation, technology, and process improvements to deliver transportation projects in a safer, less costly, and faster manner has been a stated USDOT priority for more than 20 years.

ARTBA also participated in series of roundtable discussions on the topic as part of the federal agency’s “Every Day Counts” program.

In 2017, ARTBA included the proprietary products rule in its outline of regulatory reforms for the new Trump administration to consider. The administration has made the repeal of such rules a top priority.

If the USDOT accepts the ARTBA petition, the agency would formally propose to withdraw the rule, seeking public comment. At that time, ARTBA members and industry allies will be able to support the petition by creating a public record detailing the types of products the rule helps block from use in the federal-aid highway program and the benefits it thus denies taxpayers.

“This regulation is a relic of antiquated early 20th century thinking,” ARTBA President Pete Ruane says. “It is out of step with the Federal Highway Administration’s (FHWA) support for the development and procurement of the best products on the market. Repealing it would spur the use of new technology and materials that help save lives and upgrade the quality of our highways and bridges.”

Nick Goldstein is ARTBA’s vice president of regulatory and legal issues.

“This regulation is a relic of antiquated early 20th

century thinking.”

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May/June 201834 | www.transportationbuilder.org

Washington Newsline | www.newsline.artba.orgThe definitive and most-widely read information resource on issues impacting transportation development, and upcoming ARTBA or industry events. www.artba.orgYour gateway to transportation infrastructure investment and policy matters, construction safety and economics.

Transportation Builder Magazine | transportationbuilder.orgA bimonthly source of business, legislative, regulatory, safety, and economic news, and other available ARTBA member services that matter most to transportation infrastructure professionals.

Transportation Construction Advocate AppThe mobile solution that puts state and local transportation data at your fingertips, and speeds communications with your elected officials.

Leadership Directory & Buyers’ GuideThe annual “who’s who” in transportation construction, and showcase of products and services.

For more information about advertising and branding opportunities, contact ARTBA’s Peter Embrey: [email protected] or 202.683.1026.

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GUARDIAN 5 (G5)MASH TL-5 Longitudinal Barrier

Strong. Flexible. Safe. There’s a safer and more economical alternative to concrete barriers: The all-steel Guardian 5 (G5) MASH TL-5 longitudinal barrier.

It is the only MASH steel barrier in the market capable of redirecting a fully loaded 80,000-pound vehicle. Where can the G5 make the most impact? In areas with high truck volumes, heavy congestion, narrow medians and the protection of bridge piers.

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Washington Newsline | www.newsline.artba.orgThe definitive and most-widely read information resource on issues impacting transportation development, and upcoming ARTBA or industry events. www.artba.orgYour gateway to transportation infrastructure investment and policy matters, construction safety and economics.

Transportation Builder Magazine | transportationbuilder.orgA bimonthly source of business, legislative, regulatory, safety, and economic news, and other available ARTBA member services that matter most to transportation infrastructure professionals.

Transportation Construction Advocate AppThe mobile solution that puts state and local transportation data at your fingertips, and speeds communications with your elected officials.

Leadership Directory & Buyers’ GuideThe annual “who’s who” in transportation construction, and showcase of products and services.

For more information about advertising and branding opportunities, contact ARTBA’s Peter Embrey: [email protected] or 202.683.1026.

An Integrated Communications Program

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GUARDIAN 5 (G5)MASH TL-5 Longitudinal Barrier

Strong. Flexible. Safe. There’s a safer and more economical alternative to concrete barriers: The all-steel Guardian 5 (G5) MASH TL-5 longitudinal barrier.

It is the only MASH steel barrier in the market capable of redirecting a fully loaded 80,000-pound vehicle. Where can the G5 make the most impact? In areas with high truck volumes, heavy congestion, narrow medians and the protection of bridge piers.

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May/June 201836 | www.transportationbuilder.org

T he ARTBA Foundation bestowed several awards, scholarships, and

other honors during the 2018 Federal Issues Program (FIP) & Transportation Construction Coalition (TCC) Fly-In, May 14-16 in Washington, D.C. These included:

• Transportation Development Hall of Fame Inductees

• Lanford Family Highway Worker Memorial Scholarships

• Contractor Safety Awards• Helping Hand Awards

Hall of FameLaunched in 2010, the Hall “honors individuals or families from the public and private sectors who have made extraordinary contributions to U.S. transportation development during their careers.” Honorees are recognized as “Industry Innovators” or “Industry Leaders.”

A May 14 gala dinner recognized 2016, 2017 and 2018 inductees. The 2018 honorees, all in the “Leaders” category, were:

• The Vecellio Family, of West Palm Beach, Fla., and owners of diversified contractor, aggregates production and energy services companies.

• Charles F. Potts, chairman of the board of Indianapolis-based Heritage Construction & Materials.

• Thomas N. Iovino, founder of New York-based Judlau Contracting.

The 2016 class featured Leaders President Dwight D. Eisenhower, the “father” of the U.S. Interstate Highway System and long-time Federal Highway Administrator (FHWA) Francis C. Turner. Industry innovators included Caterpillar Inc. founders Benjamin Leroy Holt and Clarence “C.L” Best.

Among the 2017 class Leaders: former AECOM Senior Vice President Max Sproles (posthumously), Massachusetts-based contractor Kenneth R. Rezendes, and Thomas MacDonald, the head of the Bureau of Public Roads—today’s FHWA—under seven U.S. presidents.

Learn more about the 2018 class at www.artbahalloffame.org.

Highway Worker Memorial ScholarshipsThirteen children of highway workers who were killed or permanently disabled on the job will receive post-high school financial assistance for the 2018-19 school year from the ARTBA Foundation’s “Lanford Family Highway Worker Memorial Scholarship” fund.

Over the past 18 years, more than 160 scholarships have been given to students from 28 states. The scholarships help pay for undergraduate and graduate courses, as well as technical training.

The 2018 class includes:

• Caitlyn Rains, Proctor, Ark., Arkansas State University

• Stan Jones, Jr., Gaston, S.C., Clemson University

• Willie Blevins, Athens, Ga., University of Georgia

• Amy McNeil Graves, Lumberton, Texas, Lamar State College Port Arthur

• Misty McNeil, Lumberton, Texas, Lamar Institute of Technology

• Victoria Markle, Port Charlotte, Fla., Florida Gulf Coast University

• Kristen Jares, West, Texas, University of Mary Hardin-Baylor

• Hadley Voudrie, Trussville, Ala., Jefferson State Community College

• Carolyn Lillis, Philomath, Ore., George Fox University

• Mashawn Blubaugh, Howard, Ohio, Kent State University

Awards and Scholarships Announced at Federal Issues ProgramBy Eileen [email protected]

2016-2018 Hall of Fame honorees, left to right, David Wemer, the Eisenhower Institute on behalf of the family of President Dwight D. Eisenhower; Kathryn Karol, Caterpillar Inc., on behalf of the company’s founders; Matt Cummings, ARTBA chair; Chris Boylan, General Contractors Association of New York, on behalf of Thomas Iovino; Kenneth Rezendes; Charles Potts; Wanda Sproles, on behalf of Max Sproles; Michael Vecellio; Leo Vecillio, Jr.; Kathryn Vecellio; and Paul Yarossi, ARTBA Foundation chair.

ARTBA Foundation News

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• Jacob Schwarz, Monee, Ill., Columbia College Chicago

• Kaitlyn Henry, Dennison, Ohio, Ball State University

• Andrea Pair, Spiro, Okla., Harding University College of Pharmacy.

The ARTBA-TDF is interested in receiving contact leads on students who could benefit from the scholarship program. Please contact me at [email protected] or 202-683-1019.

Contractor Safety AwardsThe awards were created to promote worker safety and health as core values of the transportation design and construction industry. Award winners demonstrated a low “OSHA Recordable

Rate” as measured against benchmark metrics established by the Bureau of Labor Statistics.

Finalists were selected based on their achievements, as evidenced by recordable rates below the industry average. Representatives from each company made presentations during a webinar to a panel of industry professionals.

Awards were presented in two categories, based on the number of employee hours worked during the previous year:

500,000 to 1 million hours:First Place, W.W. Clyde & Co., Orem, Utah

Second Place, F.H. Paschen, Chicago, Ill.

More than 1 million hours:First Place – Tie – Granite Construction, Watsonville, Calif., and Barriere Construction Co., LLC, Metairie, La.

Helping Hand AwardsThe awards “recognize extraordinary programs—outside the scope of normal business operations—that demonstrably benefit and help improve the quality of life in the community where the company is based or conducts business.”

Terracon Consultants, Inc., of Olathe, Kan. was named the first-place winner. Through the Terracon Foundation, the company’s employee-owners give back to the communities they serve by delivering safe, quality facilities and infrastructure projects that support strong, vibrant communities.

Sugar Land, Texas-based HCSS was the second-place winner.

Eileen Houlihan is ARTBA's senior writer/editor.

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I t has been said, “We are what we repeatedly do.”

Workers do not purposely disregard safety rules and warnings, but it is easy to get distracted, or become complacent, even with training. Technology aids are helpful, and product engineers work hard to design out hazards, but safety awareness is the greatest protection against accidents.

Making safety a habit, every day, requires self-discipline. Know the hazards involved. Be disciplined about using the equipment correctly, and understanding and following all safety requirements, all the time.

Following good safety practices protects not only equipment operators, but also everyone who works nearby, so everyone can go home safe at the end of the day.

While operator safety is paramount, a safe jobsite is also a more efficient and productive one: less downtime from accidents and fewer repair costs from improper machine usage and maintenance.

These five safety guidelines may seem basic, but they help ensure safe operating practices every day:

1. Follow your company's safety program.Never operate machinery under the influence of drugs or alcohol. Be aware and alert to any potential hazards in your specific working condition. Participate in all required training.

2. Know important safety alerts and signal words posted in your work area or on the equipment you operate.The following words have significant differences in their meaning for safety: Danger. Warning. Caution. Notice. If you’re not sure of what a certain safety alert or signal means, ask a supervisor or safety professional.

3. Protect yourself.Wear all necessary personal protective equipment (PPE). Hard hats, gloves, safety glasses and boots may be required in order to operate machinery safely.

4. Know the rules.Most employers have rules governing equipment use and maintenance. Before you start work, check with your supervisor or safety coordinator and be sure about the rules you'll be expected to obey.

5. Know the equipment.Make sure you understand the capabilities and hazards of the equipment you'll be operating. Read the owner's manuals, safety literature and any other resources made available to you.

AEM Can Help: Manufacturer-Developed Resources

The Association of Equipment Manufacturers (AEM) has developed a number of resources with manufacturer-consensus content to help educate workers and reduce risk. Many are available at no charge.

AEM offers more than 50 safety manuals that offer equipment-specific guidelines across all brands to complement manufacturer manuals. Safety videos and training materials are also available.

Additional end-user safety resources cover topics including:• Ultra Low Sulfur Diesel (It’s not your same old diesel fuel;

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• Equipment Safety Reference Guide (Poster and infographic size, highlighting important words and signals, with practice-safety sections.)

• Fuel Quality (Keep your fuel and Tier 4 engines clean.)• Pictorial Database (Safety pictorials that promote

consistent safety messaging for improved clarity.) Find out more at https://www.aem.org/safety-and-technical/.

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N early two years of regulatory and legislative advocacy by ARTBA has resulted in the repeal of a greenhouse gas

rule that would have choked transportation construction.

The Federal Highway Administration’s (FHWA) May 22 decision to repeal the proposed rule is a big win for ARTBA's membership.

The saga began in August 2016 when FHWA included a provision relating to greenhouse gas measurements into the regulatory requirements of the 2012 “Moving Ahead for Progress in the 21st Century” (MAP-21) surface transportation reauthorization law. MAP-21 required FHWA to produce rules on performance measures, but the statute said nothing about greenhouse gas regulations.

ARTBA recognized this immediately. In the association’s first comments to the agency, we warned the proposal “exceeds both the authority of the FHWA and the intent of MAP-21.”

As far back as 2013, ARTBA urged the U.S. Department of Transportation (U.S. DOT) not to jeopardize the broad bipartisan congressional support for MAP-21 by including extraneous issues—such as climate change—in the law’s implementation.

An ARTBA task force cautioned:“Focus on the goals enumerated in the law. The authors of MAP-21 had the opportunity to include a host of external goals such as livability, reduction of transportation-related greenhouse gas emissions, reduction of reliance on foreign oil, adaptation to the effects of climate change, public health, housing, land-use patterns and air quality in the planning and performance process... the U.S. Department of Transportation should focus on implementing the goals and standards as spelled out in MAP-21.”

Over the next two years, in follow-up regulatory comments, as well as multiple meetings with congressional and administration officials, ARTBA noted that neither Congress nor the administration sought emission measurements in the

MAP-21 performance management process. We noted that such proposals were also not included in the “Fixing America’s Surface Transportation” (FAST) Act reauthorization law passed in December 2015.

ARTBA was not alone in this fight. We organized a coalition letter signed by more than 30 trade associations urging FHWA to repeal the measure.

ARTBA raised a variety of concerns about the proposed measurement system. We warned that the proposal could lead to a cumbersome regulatory process that undercuts progress from both MAP-21 and the FAST Act on expediting transportation project delivery and delay transportation improvements.

FHWA’s decision is just the latest example of how ARTBA’s aggressive regulatory advocacy is helping to protect the industry. We won't let up. We will continue to ensure the voice of the transportation construction industry is heard in Congress and within the Trump administration.

Nick Goldstein is ARTBA’s vice president of regulatory and legal issues.

Another Industry Regulatory Win By Nick [email protected]

Social Cost of Carbon (SCC): An annual estimate of the monetized damages associated with an incremental increase in carbon developed by 13 federal agencies.

National Environmental Policy Act (NEPA) Greenhouse Gas (GHG) Reviews: In 2016, the Obama Council on Environmental Quality (CEQ) issued guidance requiring all NEPA reviews to consider GHG emissions. ARTBA argued that any such reviews would be open-ended and speculative while also exceeding the scope of NEPA.

President Trump signed an EO March 28 prohibiting the use of SCC in the regulatory process.

President Trump signed an EO March 28 repealing the Obama CEQ guidance.

WIN!

Estate Planning Regulations: A 2016 IRS proposal would have restricted small and family-owned businesses from discounting shareholder stock for estate tax purposes for interests, including “lack of control” or “lack of marketability.”

Oct. 20 the IRS withdrew the proposal.

WIN!

Waters of the U.S (WOTUS): A 2015 rule from EPA and the U.S. Army Corps of Engineers (Corps) would expand the Clean Water Act (CWA) to make roadside ditches subject to federal jurisdiction.

EPA is currently accepting comments on the withdrawal of the WOTUS rule as well as what a revised rule could look like. Both the withdrawal and revision of WOTUS are expected to spur litigation. Further, ARTBA and its coalition allies are involved in a separate lawsuit before the Supreme Court concerning proper jurisdiction over CWA disputes. That case was heard Oct. 11. The WOTUS repeal process is expected to last at least two years.

Greenhouse Gas Emissions (MAP-21 performance standard): The Obama administration’s FHWA proposed to evaluate new transportation projects based in part on greenhouse gas (GHG) emissions.

Corporate Average Fuel Economy (CAFE) Standards: 1970s-era regulation to improve the average fuel economy of cars and light trucks produced for sale in the U.S.

DOT May 19 withdrew this requirement. However, in response to litigation filed by anti-growth groups DOT reinstated the rule on Sept. 25. On Oct. 6, DOT published a Federal Register notice taking comments on the rule’s proposed withdrawal.

ARTBA remains concerned proposals to increase fuel efficiency without compensating the Highway Trust Fund for accompanying revenue loss would exacerbate the HTF’s structural revenue deficit and create even bigger investment obstacles to transportation infrastructure improvements. President Trump ordered the U.S. Environmental Protection Agency (EPA) to review the latest round of CAFE standards on March 22.

“Fair Play and Safe Workplaces”: Direct federal contractors bidding on solicitations of $50 million or more would be required to disclose their violations of 14 different federal workplace health and safety laws.

EEO-1 Form Revisions: Equal Employment Opportunity Commission (EEOC) Feb. 1, 2016, proposed requiring businesses with 100 or more workers to report salary data.

President Trump March 27 signed ARTBA-supported legislation striking down the “Fair Play and Safe Workplaces” Obama administration EO.

Aug. 29: The Office of Management & Budget announced it would stay the new EEO-1 changes.

WIN!

WIN!

PENDING

PENDING

WIN!

PENDING

Sue and Settle: This term refers to when anti-growth groups file litigation against a federal agency, then quickly reach a settlement where new, often cumbersome, regulations are initiated on an expedited timeframe. Often, the businesses and industries regulated the new rules are not given a voice in crafting the settlement.

In an Oct. 16 memorandum, EPA Administrator E. Scott Pruitt stated that “sue and settle” arrangements “excluded intervenors, interested stakeholders, and affected states” from settlement discussions directly impacting them. He asserted that “[t]he days of this regulation through litigation, or ‘sue and settle’ are terminated. WIN!

Trump Administration: Ripe for Regulatory Reform

By Nick Goldstein, ARTBA vice president for regulatory affairs

Regulatory Roundup

Geographic-Based Hiring Preferences:

U.S. Department of Transportation (U.S. DOT)

proposal to allow local hiring preferences.

Hours of Service: The rule limits on-duty time

for motor carrier drivers to address fatigue. It

applies to transportation construction drivers

although they typically don’t spend as many

hours per day on the road.

U.S. DOT repealed the rule change and pilot program on Oct. 6.

Electronic monitoring device (ELD) requirements are scheduled to

take effect in 2018. ARTBA is supporting exemptions for the industry

from this and other segments of the Hours of Service rule.

There’s been a lot of activity on the regulatory front since Donald Trump took office in January. This scorecard tracks more than

a dozen rules and proposals, and what action is being taken by ARTBA, the administration, federal agencies and the courts.

PENDING

PENDING

Buy America: In late 2016, FHWA proposed

a nationwide exemption from Buy America

regulations for certain, commercially available,

off-the-shelf products.

This exemption was not finalized before the Obama administration left

office. On April 18, President Trump signed the “Buy American, Hire

American” EO directing all agency heads to examine their use of Buy

America waivers. ARTBA continues to encourage FHWA to finalize

and implement the 2016 proposal.

Overtime Revisions: In 2016, the Obama

administration changed the manner in

which workers qualify for overtime pay by

more than doubling the salary threshold for

exempt employees.

June 27: the Department of Labor (DOL) announced it would review

the revisions. On Aug. 29, a federal court struck down the Obama

administration revisions. ARTBA submitted comments Sept. 25

advocating for a rule that will allow employers the flexibility to pay

salaries appropriate for their geographic locations (i.e. account

for differences in the cost of living between New York, N.Y., and

Cheyenne, Wyo., for example).

WIN!

Silica Exposure: In March 2016, the

Occupational Safety and Health Administration

(OSHA) proposed to significantly tighten

existing federal standard for allowable worker

exposure to crystalline silica dust.

ARTBA and partners sued OSHA over the rule. Arguments were

heard Sept. 25. The groups are also in the process of requesting

OSHA re-open the rule for further study. OSHA began enforcing the

silica rule in full on Oct. 23.

PENDING

November 2017 Update

WIN!

Check the regulatory page of www.artba.org for more updates.

Recordkeeping: The “Volks Rule” would

extend the period that OSHA can cite

companies for recordkeeping violations from

six months to five years.

President Trump signed ARTBA-supported legislation striking down

the “Volks Rule” on April 3. OSHA May 17 also suspended new

recordkeeping requirements until further notice.

WIN!

Keep track of ARTBA’s regulatory activity by

downloading our scorecard at: www.artba.org.

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Another Industry Regulatory Win

Nearly 50,000 people die or are injured in and around U.S. transportation infrastructure projects each year.

The cost of these tragic incidences to families and employers is staggering.

Certify Your Employees. Save Lives.

We must do better. Austin Industries President & CEO David Walls helped create and launch the Safety Certification for Transportation Project Professionals™program. His goal: significantly boost the hazard awareness and risk management skills of all transportation project professionals who are inpositions of influence—from project inception through completion—to cause a decline in safety incidents.

www.puttingsafetyfirst.org

David Walls Believes Status Quo Safety Performance

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Page 42: Transportation Project Safety Certification Earns ... · AECOM Safety Certification Program is Latest Example in Long Line of ARTBA Leadership Initiatives Y ou’ve been hearing a

May/June 201842 | www.transportationbuilder.org

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T H E L A S T T U R NCompiled by ARTBA’s Transportation Investment Advocacy Center

2016 Motor Vehicle Fatalities NationwideNot in Work Zone: 36,697

In Work Zone: 764Total: 37,461

Fatal Motor Vehicle Crashes By Year

2016 Fatalities in Work Zones

Source: The National Work Zone Safety Information Clearinghouse. www.workzonesafety.orgMost recent available data.

Year In Work Zone Total2012 555 31,0062013 536 30,2022014 607 30,0562015 653 32,5392016 682 34,439

Page 43: Transportation Project Safety Certification Earns ... · AECOM Safety Certification Program is Latest Example in Long Line of ARTBA Leadership Initiatives Y ou’ve been hearing a

May/June 2018 www.transportationbuilder.org | 43

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