Operating Engineer - Spring 2013

i n t e r n at i o n a l
Operating Engineer
www.iuoe.org • spring 2013
38 th GENERAL CONVENTION

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international operating engineer

i n t e r n at i o n a l
Operating Engineer
Spring 2013 • Volume 156, No. 2
Brian E. Hickey, Editor
Jay Lederer, Managing Editor
08 Our Work: World Trade Center
Operators cap off country’s newest landmark
10 Member Spotlight
Tweeting from atop Canada’s tallest crane
12 Battle to Build Keystone Heats Up
International, multi-front campaign underway
16 38th General Convention
“Honor the Past, Shape the Future”
Departments
05 From the General President
06 Education & Training
12 Politics & Legislation
20 Canadian News
22 HAZMAT
23 Health & Safety
24 GEB Minutes
28 In Memorium
[left] A spire is hoisted to the top of One World Trade
Center bringing the tower to its full height of 1,776 feet.
[photo] Mark Lennihan/AP
spring 2013 3

International Operating Engineer
(ISSN 0020-8159) is published by the:
International Union of
Operating Engineers, AFL-CIO
1125 17 th Street, NW
Washington, DC 20036
Subscription Terms - $5 per year
Change of Address - Requests must
be submitted in writing to the IUOE
Membership Department (address
above). Include your new address,
registration and local union number.
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Printed in the U.S.A.
International Union of Operating Engineers
AFL-CIO
general officers
James T. Callahan, General President
Brian E. Hickey, General Secretary-Treasurer
William C. Waggoner, First Vice President
Patrick L. Sink, Second Vice President
Jerry Kalmar, Third Vice President
Russell E. Burns, Fourth Vice President
Rodger Kaminska, Fifth Vice President
James M. Sweeney, Sixth Vice President
Robert T. Heenan, Seventh Vice President
Daniel J. McGraw, Eighth Vice President
Daren Konopaski, Ninth Vice President
Michael Gallagher, Tenth Vice President
Greg Lalevee, Eleventh Vice President
Terrance E. McGowan, Twelfth Vice President
Louis G. Rasetta, Thirteenth Vice President
Mark Maierle, Fourteenth Vice President
trustees
John T. Ahern, Chairman
Kuba J. Brown, Trustee
Bruce Moffatt, Trustee
James T. Kunz, Jr., Trustee
Joseph F. Shanahan, Trustee
engineers action resPonse netWorK
Because elections matter
Make your voice heard • Register for EARN today
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international operating engineer

From the General President
[James T. Callahan]
Shaping the Future Together
Strength in unity propels us forward
As General President, my
guiding principle each and every
day has been “the members are the
union.” Along with General Secretary-
Treasurer Hickey and the Executive
Board, we work with purpose to grow
and secure opportunities for all our
members and to build inroads for
the next generation of Operating
Engineers.
I was honored to receive the
unanimous support by the delegates to
the 38th General Convention to serve
as General President for a full term.
The delegates in attendance—over
600 strong—took to heart our theme
“Honor the Past, Shape the Future”
and conducted the important work of
our union diligently.
There is an old saying, “May you live
in interesting times.” Some say it’s a
curse, but like it or not, we do live in very
interesting times. In the five years since
the last convention, our union, our two
nations and the entire world, witnessed
significant changes—a global financial
crisis not seen since the Great
Depression; soaring unemployment in
the construction industry; the winding
down of two very long and costly wars;
and two presidential elections marked
by extreme political polarization – to
name just a few.
Make no mistake, like many unions,
we took our hits and many members
have faced difficult times. But despite
these challenges, the state of our union
remains strong and is growing stronger
every day. More jobs are being created,
membership is climbing and our
pension funds are realizing concrete
gains with an improving stock market.
The improving economy is
welcome news, but serious threats
remain to our union and the broader
labor movement. These attacks come
disguised in the cleverly deceptive turn
of phrase: “Right-to-Work.”
Let’s be clear. So called “right-towork”
is a lie. Under these laws workers
lose rights and no work gets created—
it’s a political trick to cripple unions
and dismantle collective bargaining.
These laws drive down wages for every
worker, union and non-union, and
damage the overall economy.
What started in Wisconsin quickly
spread to Indiana and Michigan last
year, where we fought alongside our
allies to defend collective bargaining
rights. Today, this “right-to-work” virus
continues to spread through other
states and some Canadian provinces as
well.
I pledged then and I pledge
again now—we will spend whatever
resources are necessary to confront and
combat these attacks wherever they
occur. We didn’t ask for this fight, but
you can be sure we will bring the fight
to them! We will educate and we will
mobilize. We will never surrender to
collectively bargain for our members.
Our best defense against the
increased anti-labor activity we are
seeing is to have a better offense—
and organizing is a major part of that
strategy. We must re-double our efforts
to educate, motivate and organize new
members at every turn.
We have instituted a more aggressive
organizing model to increase and
enhance our market share within both
H&P and Stationary. We are leveraging
technology and strategic research to
undertake comprehensive campaigns.
We are building density and beginning
to organize our core jurisdictions in less
labor friendly markets. These efforts
are finding success—from stationary
engineers on the Las Vegas Strip, to
petro-chemical workers in Texas, to
crane operators in Florida.
Right now, as our economy begins
to grow again and as we welcome
home thousands of military veterans,
we must seize the opportunity to reintroduce
the Operating Engineers to a
new generation. One way to do this is
by showcasing our training programs.
Training is what sets us apart and
enables our members to stand out as
the most productive and safest workers
in both H&P and Stationary. Our
training programs have set the gold
standard within the crafts we work
and, moving forward, we will continue
to prioritize training throughout every
level of our union.
Each time we gather together,
whether at a local membership
meeting or a general convention, we
are reminded that our strength as a
union lies in our unity. We have found
that no matter where we come from or
what work we dedicate our lives to, we
have a common bond. And that bond
will propel us forward in the years
ahead.
Our union has been tested under
extremely difficult circumstances.
However, by working together, we
have shown that our union can turn
challenges into opportunities and
advance the interests of our members
and their families.
Moving forward, we will shape a
better future for Operating Engineers
and we will do it together. Of that, I
have no doubt.
spring 2013 5

Education & Training
Celebrating 50 Years of Training, Local 39 Graduates 51 Apprentices
Local 39 celebrated a historic milestone this year
when the San Francisco based Stationary Engineer local held
their 50th Annual Apprentice Graduation. The affair was
well attended by the graduates, their family members and
co-workers. The Grand Ballroom of the world famous San
Francisco Hilton was the setting for this Golden Anniversary
event.
A sense of pride was evident to all who attended as the
evening’s host, Business Manager and IUOE Vice President
Jerry Kalmar introduced Local 39’s newest journeypersons.
They enter the next stage of their careers covering a broad
spectrum of industries represented by Stationary Engineers,
Local 39.
Each year, the local honors one individual with the
coveted Apprentice of the Year Award, aptly named the
“Richard Ganley Award” honoring long time member and
contributor to the Joint Apprenticeship Program, Richard
“Dick” Ganley. The criteria for receiving the award are the
overall achievements based on classroom grades, attendance
and work evaluations culminating in a “best of the best”
among a class of hard working and deserving candidates.
This year’s recipient of the Richard Ganley Apprentice of
the Year Award is Andrew DeCavia. Along with his new found
honor, Brother DeCavia received $1000 for his outstanding
performance throughout his four year apprenticeship.
The evening’s celebration was heightened when Business
Manager Kalmar proudly announced this year’s recipients
of the “Local 39 Educational Scholarship.” Three deserving
children of Local 39 members received four year college
scholarships of up to sixty thousand dollars each. With this
year’s awards, the local has raised over $1 million dollars
through its Scholarship Golf Tournament to provide college
scholarships to the children and/or grandchildren of Local
39 members.
This year’s proud recipients are Olivia Carreon, daughter
of Local 39 member Kerri Moore, Rachel Epling, daughter
of Local 39 member Michael Epling and Natasha Jones,
daughter of Local 39 member Mark Jones.
Local 926 Puts New Deere
Equipment to the Test
Tweleve Pieces of of new John Deere equpiment are
making their way around the country as part of NTF’s Lease
Program with the manufacturer. Recently, Local 926 utilized
a top of the line Deere backhoe at their training site in Rex,
Georgia. Contact NTF for program details.
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Local 926 backhoe class from L to R: Director of Training &
Safety Rich Shakespeare, Instructor Johnny Spann, George
Propes, Dakota Kabina, Wayne Rampley, Mark Parson,
Anthony Nash, Nick Lee, and Jonathon Hackett.
NTF Conducts First Basic Instructor Class of the Year
The National Training Fund presented the first
of two Basic Instructor Classes for 2013 at the Conference
Center at the Maritime Institute in Linthicum, Maryland
on April, 8-12. This 4 ½ day class helps new and recently
hired instructors develop excellent teaching techniques
in adult learning and meets the requirement set forth
by the Department of Labor’s Education and Training
Administration for Registered Apprenticeship. Below are the
latest members to attend and complete this class.
Front Row L to R: J. Forlenza (15), K. Kroeger (Inst), B. Hickey (399), L. Nagle (399), J. Blum (70), J. Machak, (99), M. Turner (Inst); Second
Row L to R: A. Johns (JC), J. Miller (137), S. Redden (99), G. Long (399), H. Skopik (501), B, McLaughlin (399), S. Meany (137), P. Peterson
(15), J. Welp (181), L. Titus (351), N. Ridgway (318); Last Row L to R: A. Luviano (501), S. Marsyla (70), R. White (399), M. Van Der Sluis (501)
R. Jones (407), C. Wilson (JC), G. Wilson (501), J. Rafferty (399), C. Mortensen (501).
spring 2013 7

Our Work: World Trade Center
Gleaming Spire Tops Off New World Trade Center Tower
As spectators and construction workers applauded
below, Local 14 crane operator John Schaffner set a silver
spire atop New York City’s One World Trade Center on May
10, bringing the structure to its full 1,776 height.
The 408-foot spire, which weighs 758 tons and includes a
broadcast antenna and light that will be visible from up to 50
miles away, is a permanent signal of triumph that restores a
key part of the city skyline shattered by the 9/11 terror attacks.
“This really is a symbolic moment because this building
really represents the resiliency of this country,” Port Authority
Vice Chair Scott Rechler told TODAY’s Matt Lauer, who was
perched on the 104th floor with other Operating Engineers to
witness the process. “These people, the thousand men and
women who have worked here tirelessly, really as a tribute for
the people that perished on 9/11 right on this site.”
The needle will be held in place by a temporary structure
until iron workers finish off the permanent base in the
coming weeks.
The 1,776 feet — or 541 meters — is symbolic of the year
1776, when the U.S. declared its independence.
The building is rising at the northwest corner of the site
where the twin towers were destroyed. The area is well on
its way to reconstruction with the 72-story Four World Trade
Center and other buildings.
The elegant spire gives the building the extra height
needed to claim the status as the tallest structure in the U.S.
and the third-tallest in the world, although building experts
dispute whether the spire is actually an antenna — a crucial
distinction in measuring the building’s height.
The Council on Tall Buildings and Urban Habitat, a
Chicago-based organization considered an authority on
such records, says an antenna is something simply added to
the top of a tower that can be removed. By contrast, a spire is
something that is part of the building’s architectural design.
Video of the event can be seen at www.iuoe.org
Local 14 crane operator John Schaffner is ready
to make the historic lift. [photo] Bill Farrell
[right, photo] September 11 Families Association
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spring 2013 9

Member Spotlight
Operator Tweets Atop Canada’s Tallest Crane
Local 793 member Robert McFarlane chronicles
Toronto from on high
[above] One of the hundreds of photos that Local 793 member Robert MacFarlane has shot from the cab of his crane 702 feet above Toronto
and posted on Twitter. [right] MacFarlane on ground level in front of the L Tower. [photo] Jordan Chittley/Yahoo! Canada News
[story by] Curtis Rush, The Toronto Star
Follow Robert MacFarlane on Twitter: @SkyJacked793
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FROM HIS DAILY perch high in the sky in Toronto, crane
operator Robert MacFarlane can see Niagara Falls out one
window and Canada’s Wonderland out another.
As the L Tower rises to 58 stories on The Esplanade,
MacFarlane is blessed with some of the most stunning views
in the city as he hoists construction materials to the top of the
condo development.
It’s in those quiet moments, sitting in his solitary seat 702
feet up in his crane operator’s cab, that MacFarlane is struck
by the beauty of a sunrise over Lake Ontario, or the majesty of
a hawk or falcon swooping among the tall buildings.
Those are the scenes he wants preserved. So, with no
previous photography experience, he comes to work each
day equipped with two point-and-shoot cameras and a
smartphone.
“I’ve even stopped the crane and said,
‘Boys, hang on a minute … . They’re
amused by that.’”
In any kind of weather, whether it’s blazing sun, cool
mist or wicked winds, MacFarlane snaps hundreds of
photos, making him something of a skyscraper shutterbug
extraordinaire.
Many of those photos end up on his new Twitter account
@SkyJacked793.
His Twitter handle comes from the fact that the vernacular
for raising a crane is “jacking it up,” and 793 is his union local.
Inspired by Canadian astronaut Chris Hadfield’s tweets
from the International Space Station, MacFarlane opened the
Twitter account recently and began posting photos from his
high vantage point.
“It’s pretty cool,” the 54-year-old Scarborough father of
three says, standing at ground level outside the L Tower.
“The bank towers are taller, but not everybody can go
outside, like I can. It’s not the same. I can open my window
and just lean over and take a shot if I get one. I love taking
Humber Bay pictures. I can’t get enough of those.”
The crane he works in, he’s been told, is the highest freestanding
crane erected in Canada right now, affording him a
360-degree unobstructed view.
Sometimes he takes photos from inside the cab, and other
times, the 6-foot-5 MacFarlane will lumber out onto the
platform to get that perfect shot.
Rarely will a big event below escape his photographic eye.
He has seen accidents on the Gardiner Expressway and
recently a fire evacuation from a building along Queens Quay.
The native of New Brunswick has been a crane operator
for 20 years and currently earns about $40 an hour.
He’s not expecting to become a social media star among
crane operators, although he suggests he’s the only crane
operator in the world doing what he’s doing. Taking photos
from his crane operator’s cab will remain a hobby.
He fully realizes that this is a rare moment in a crane
operator’s career.
Once the L Tower is completed, MacFarlane will have to
wait years to get to this level again — if ever.
“You only get a shot at this once,” he said. “Every day
there is beauty on the lake, and little swaths of the city that
will light up while everything else is in shade, and one chunk
in Mississauga will be glowing in the sun. I just gotta get that
picture.”
Sometimes, an early-morning scene with the sun streaking
the sky purple or orange is too beautiful to miss.
“I’ve even stopped the crane and said, ‘Boys, hang on a
minute … . They’re amused by that.’”
spring 2013 11

Politics & Legislation
International, Multi-Front Campaign to Build Keystone XL Pipeline
The battle to build the 1,200-
mile Keystone XL Pipeline is being
waged on several different fronts –
in Congress, in regulatory agencies,
and on the ground. The campaign
rages while the 500-mile Gulf Coast
segment of the crude-oil pipeline from
Cushing, OK, to Port Arthur, TX, which
was originally part of the Keystone
XL, is currently under construction,
employing over one-thousand
Operating Engineers.
Because the project crosses the
U.S.-Canadian border, the project
requires a Presidential Permit, which
is issued by the State Department. In
November 2011, President Obama
halted consideration of the permit
for Keystone XL, saying that the State
of Nebraska needed more time to
consider alternative routes around
the sensitive Sand Hills area. Instead
of losing precious time on the portion
of the pipeline that does not cross the
border, TransCanada secured permits
for the Gulf Coast project that would
help eliminate the immediate supply
glut in Cushing, OK, and move crude
oil to refineries in Port Arthur, TX.
Members of Local 178, 450, and 627 are
building the project in their jurisdiction
now.
After the President delayed the
project, Nebraska moved forward
with its environmental review of
the pipeline, ultimately rerouting
the Keystone XL completely around
sensitive area. Nebraska Governor
Dave Heineman said in his January
22, 2013 letter to President Obama and
then-Secretary Clinton that the state
had “completed its evaluation” and
that the project “...would have minimal
environmental impacts in Nebraska.”
The State Department incorporated
Nebraska’s new reroute into its
review and recently released an
Environmental Impact Statement (EIS)
for the project seeking public comment.
The International Union joined the
other pipeline crafts in sending a letter
to the State Department, which called
for the project’s expedited approval.
Members of the Operating Engineers
filed thousands of comments
supporting the project in that part of
the process. The project awaits its Final
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Environmental Impact Statement, one
of the last key steps in the nearly fiveyear
effort to secure a permit. While
uncertainty and bureaucratic delay has
plagued the process, a final decision is
likely to come in the Fall.
On the ground, the fight continues
to win the hearts and minds of decisionmakers
on this critical North American
energy project. Operating Engineers
are leading rallies in state capitals
across the Midwest to rally support
for the project. Local 49 in Minnesota,
Local 324 in Iowa, and Local 513
in Missouri mobilized hundreds of
members and community leaders
to get involved in the environmental
review and let the Administration know
just how important it is to the lives
and livelihoods of union construction
workers. Glen Johnson, Business
Manager of Local 49, led a rally on
the steps of Minnesota State Capitol,
where he said a pipeline is the “best
transportation system for oil.”
On April 18, members of Local
513 helped organize an event with
community and industry leaders in
St. Louis to support the critical energy
infrastructure project. Joining the
Missouri Attorney General Chris Koster
joined union members at the rally,
where he said, “We’re talking about
good jobs, good jobs for skilled trades
men and women in manufacturing,
transportation and construction, jobs
for welders and electricians, pipefitters
and carpenters, teamsters and
engineers. And where there are new
jobs for skilled labor, there are going
to be jobs for other Missourians…It’s
good for all of us.”
Keystone XL advocates in Congress
are looking for ways to advance the
project. During consideration of the
budget, Senators John Hoeven (R-NE)
and Max Baucus (D-MT) offered an
amendment in support of the Keystone
XL. The vote received a filibuster-proof
62 votes in the United States Senate,
overcoming that key 60-vote threshold
in the chamber. Seventeen Democratic
Senators supported the project.
In the House of Representatives,
legislation is moving to directly approve
the permit in Congress, much like what
was done in the 1970s to approve the
Trans-Alaska Pipeline (TAPS), the 800-
mile pipeline that brings crude oil from
Prudhoe Bay, Alaska to port in Valdez.
The Northern Route Approval Act, H.R.
3, is making its way through the process,
with support from the IUOE, which
testified before the House Committee
on Natural Resources in support of the
legislation. General President Callahan
said, “After almost five years of review,
it’s time to unlock the jobs this massive
private investment will create and put
Operating Engineers to work.”
left] Members of IUOE Local 234 turned out in force at the state capitol in Des Moines to support the Keystone XL pipeline. [above] IUOE
Local 49 joined the Laborers and other Minnesota construction unions outside the Minnesota State Capitol. [above, right] Operating
Engineers are busy building the Southern leg of the Keystone XL pipeline in Texas and Oklahoma.
spring 2013 13

Politics & Legislation
Ports, Harbors, Waterways Legislation Passes Senate
On May 15, the United States
Senate overwhelmingly passed the
nation’s Water Resources Development
Act of 2013, which governs investments
on the nation’s inland waterways, locks
and dams, ports, harbors, and floodcontrol
projects, ensuring competitive
maritime transshipment of agricultural
products, fuel shipments, and much
more.
Barbara Boxer (D-CA), Chairman
of the Senate Environment and Public
Works Committee, was able to forge a
compromise with Republicans on her
committee, which led to unanimous
support for the bill when it passed out
of her committee. That show of support
built momentum as the legislation
moved to the Senate floor, where 83
Senators supported it on final passage.
“Getting 83 votes in favor when
bipartisanship is missing in the Senate
is very important. Now is the time for
the House to act so we can ensure that
the benefits of the bill are realized,” Sen.
Boxer said in a statement following the
vote.
IUOE General President Callahan
joined the call for quick passage of the
bill in the House of Representatives.
“Now is the time to quickly move this
bipartisan legislation in the House
to create jobs and put Operating
Engineers to work,” said President
Callahan.
A billion dollars invested in water
projects creates about 10,000 jobs in
the construction industry, including
hundreds of IUOE jobs. It is estimated
that the bill will create or sustain about
500,000 jobs across the United States in
all sectors of the economy.
The bipartisan legislation will
authorize critical water-resources
investments and speed the projectdelivery
process at the Army Corps
of Engineers. The bill would also help
ensure that the nation’s harbor and
port navigation channels are fully
maintained by expending Harbor
Maintenance Trust Fund revenues for
their authorized and intended purpose.
The Harbor Maintenance Trust Fund,
before these changes, collected
revenue from freight shipments to
maintain the nation’s harbors, but past
Administrations, both Democratic and
Republican, refused to spend all of
the money raised for that purpose on
harbor maintenance. The International
Union of Operating Engineers, working
closely with other industry allies, has
been trying to resolve this issue for
years.
Another section of the bill, S. 601,
would create an innovative financing
program to leverage government funds
for water infrastructure projects. This
program is modeled after one that exists
in the highway and transit law, and is
designed to provide low-cost financing
to public-private partnerships, as well
as ports, states, and local governments.
[photo] Brant Sanderlin/Atlanta Journal-Constitution
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spring 2013 15

38th General Convention of the International Union
Delegates elect Callahan General President, issues call to action to defend
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Feature
of Operating Engineers
rights and grow membership
Delegates to the IUOE’s 38th General Convention,
held in Hollywood, Florida from April 28 to May 1, took to
heart the convention theme, “Honor the Past, Shape the
Future,” by adopting 17 constitutional amendments and 27
resolutions that establish the priorities and positions of the
union going forward.
The delegates unanimously elected James T. Callahan
as General President and Brian E. Hickey as Secretary-
Treasurer to their first full terms. All current International
Vice Presidents and Trustees were also unanimously elected.
“I am proud to lead a union of dedicated and skilled trade
unionists who build and maintain North America every day,”
said Callahan. “Once again, our union is called to action.
We must stand up against powerful interests who want to
silence workers, kill private and public sector unions, and
marginalize working families.
“Now, more than ever, we need to make bold investments
and find innovative solutions that will create jobs, pay a fair
wage – a union wage– and support middle class families.”
Resolutions dealing with organizing, training,
occupational health and safety, prevailing wage, economic
and labor issues, and pension and healthcare benefits also
were passed unanimously, as were other resolutions dealing
with various issues.
Featured speakers at this year’s convention included
U.S. Senator Dick Durbin (D-IL); Ambassador Gary Doer,
Canadian Ambassador to the United States; Richard L.
Trumka, President AFL-CIO; Douglas McCarron, General
President - United Brotherhood of Carpenters; D. Taylor,
President - UNITE-HERE; and Stephen Lindauer, CEO -
Association of Union Constructors.
The convention theme was prevalent throughout the
four-day event and delegates returned home energized and
unified for the challenges and opportunities that lie ahead.
More information about the 38th General Convention,
including the video presentations that were shown, can be
found at the International’s website: www.iuoe.org
[left] Former General President Vincent J. Giblin administered
the oath of office to the newly elected General Officers and
International Trustees.
[following pages] Scenes from the 38th General Convention that
was held in Hollywood, Florida where over 600 delegates from
104 locals took part.
spring 2013 17

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fall 2012
19

Canadian News
Local 793 Reaching out to First Nations Communities
IUOE Local 793 has embarked on
an aggressive campaign to recruit and
train more First Nations peoples for
careers as Operating Engineers.
The union and its training arm – the
Operating Engineers Training Institute
of Ontario (OETIO) – are reaching out
to First Nations, Inuit and Metis peoples
to fill the skills gap.
The goal is to get First Nations
peoples into apprenticeship programs,
train them, and then match them with
contractors across Ontario.
About $3.7-billion in work is
expected to come on stream in
northwestern Ontario in future years
– mainly roads and infrastructure to
support growth of the mining industry.
Much of that work is expected to be
near First Nations communities.
Local 793 wants to ensure that young
people from First Nations communities
are properly trained and ready for the
jobs.
Mike Gallagher, Local 793 Business
Manager and IUOE International Vice
President, has spoken repeatedly about
the importance of getting Aboriginals
into training.
He firmly believes that First Nations
peoples should be trained for jobs in
the construction industry instead of
bringing in temporary foreign workers
from abroad.
“We need to reach out to them,” he
told a general membership meeting of
Local 793 on March 24 in Oakville.
Gallagher also spoke about the issue
at a conference of Aboriginal leaders
and training officials in Thunder Bay on
March 26.
The conference brought together
First Nations skills and employment
training agencies to discuss a solution
to bridging the skills gap in Canada.
“One of the best things we can do
for our children is give them a career,
give them a skill, and an apprenticeship
offers them that,” Gallagher told
delegates at the conference.
He said unions like Local 793 will
bargain collective agreements that
protect workers and ensure First
Nations communities benefit from
developments that take place on their
lands.
“I want to encourage the elders and
the chiefs of the First Nations peoples
to work with organizations like mine
– the Operating Engineers – or other
groups out there because you have to
have some permanent benefit from
development that occurs on your land,”
he said.
Local 793 has been working with
First Nations communities for some
time now.
Ten years ago, the local negotiated a
collective agreement with Kiewit for a
road project known as the Garden River
Project in Sault Ste. Marie. The project
employed many First Nations workers.
Since 2006, the OETIO has trained
more than 700 First Nations, Inuit
and Metis people from Ontario,
Nunavut and Saskatchewan. Many
successful graduates are now working
in the mining, construction, roads and
pipeline sectors.
In the past two years, the OETIO has
trained at least eight First Nations crane
apprentices. One of those apprentices
is Tanya Uiselt, a 20-year-old member
of the Moose Cree First Nation who
is Local 793’s first Aboriginal female
tower crane apprentice. She is working
at the Lower Mattagami hydroelectric
generating project in northern Ontario.
In the last six months, though, Local
793 and the OETIO have stepped up
efforts to reach out to First Nations
communities.
Six staff members were appointed to
committees that support the Aboriginal
Apprenticeship Board of Ontario. The
OETIO has also developed a new IUOE
20
international operating engineer

trade-entrance upgrading course for
crane and heavy equipment candidates.
This enhances the ability of First Nations
peoples to pass the IUOE trade entrance
exam.
The OETIO, meanwhile, has also
hired Brian Pelletier, an Ojibway and
member of the Serpent River First
Nation, for its outreach program.
Brian has worked with First Nations
communities across Canada for more
than 30 years.
The initiatives appear to be paying
off as training staff has noticed that
more First Nations funding agencies
are coming to the OETIO campuses
for two- or three-day site visits. More
First Nations funding agencies are also
sending their clients to the OETIO,
as agency representatives are more
aware of the training possibilities being
offered at the campuses.
Last December, 20 First Nations
peoples came to the OETIO in
Morrisburg for a four-day introduction
to heavy equipment program.
Eight of the 20 returned afterwards
to participate in a 10-week heavy
equipment program. In April, another
15 First Nations trainees attended the
same introduction to heavy equipment
course at the OETIO in Morrisburg.
As part of the effort, Local 793 and
the OETIO are also helping employers
hire First Nations peoples when a
project is undertaken near where
Aboriginals live. For example, the local
recently helped employer HP White
recruit several First Nations peoples for
work on the McLean’s Mountain Wind
Farm project on Manitoulin Island.
Getting First Nations peoples
into training opportunities is a winwin
situation for both the Operating
Engineers and First Nations
communities, as Local 793 needs people
to take up the trades and First Nations
communities have young people who
are eager to work.
Local 115 Efforts Result in Federal Reforms
to Worker Program
IUOE Local 115 says federal
government reforms to the Temporary
Foreign Worker Program are a very
positive first step in response to the
judicial review they pursued because
HD Mining was allowed to bring
201 Chinese coal miners to British
Columbia.
But they also warn that there are
many problems with the Temporary
Foreign Worker Program that must be
resolved to ensure qualified Canadians
are not losing jobs to imported workers
– and called on the federal government
to ensure the BC Building Trades are a
key part of meaningful consultation on
remedies.
The federal government changes
include removing an option that allowed
employers to pay 15% lower wages than
Canadian prevailing wage rates, ending
an Accelerated Labour Market Opinion
process to bring in Temporary Foreign
Workers, giving government increased
authority to suspend and revoke worker
Local 115 Business Manager Brian Cochrane
speaks from the floor of the IUOE General
Convention on a resolution pertaining to
temporary foreign workers in Canada.
permits for abusing the program and
ensuring foreign languages are not job
requirements.
“The BC Building Trades went
to Federal Court because qualified
Canadians were being excluded from
jobs they should have been hired to
fill and the evidence we produced
forced significant changes today,” said
Brian Cochrane, Business Manager of
the International Union of Operating
Engineers Local 115 – one of two unions
granted the judicial review.
“This is a great initial victory for
Canadians. We took an abused, flawed
and not well-understood program that
was undermining Canadian workers’
interests and shaped a better process
for the country,” Cochrane said.
The BC Building Trades are waiting
for Justice Russel Zinn’s decision on
the judicial review of the HD Mining
permits and believe it will come down
in the next few weeks.
spring 2013 21

HAZMAT
Local Union Instructors Achieve OSHA Master Trainer
and Safety and Health Specialist Certificates
Why would instructors pursue OSHA recognitions
that require a minimum of 160 hours of training? Because
these recognitions validate a high level of professional
development that enables instructors to meet changes in
workforce requirements and the needs of working safety
professionals. The OSHA Certificate program provides
instructors with a solid background in OSHA regulatory
compliance requirements and complex occupational safety
and health issues. This program has been designed by
experienced safety and health professionals and includes
training in key areas. Core courses give a strong foundation in
the fundamentals of occupational safety and health. Elective
courses enable instructors to focus on the specialized needs
of their workplace.
The IUOE NTF’s National HAZMAT Program
congratulates the following 20 IUOE instructors who
have recently achieved the OSHA Master Trainer
Status from West Virginia University’s National
Resource Center for OSHA Training.
• Joel Crooks, Local Union 542
• William Davis, Local Union 825
• Adam Ferguson, Local Union 302
• Harold Garrett, SAT
• Michael Gonoud, Local Union 14
• James Haitz, Local Union 66
• Mitchell Kealoha, Local Union 3
• Chris Kovacic, Local Union 501
• Timothy Manning, Local Union 280
• Gary Niedbalski, Local Union 571
• Ken Phillips, Fort Simcoe Job Corps
• James Presley, SAT
• Cheryl Reynolds, Local Union 841
• Thomas Spangler, Local Union 150
• Richard Spencer, Local Union 501
• Karen Stephens, Local Union 101
• Scott Swick, Local Union 478
• Chris Tomblin, Local Union 150
• Martin Turek, Local Union 150
• George Wallis, Local Union 825
The National HAZMAT Program also congratulates
the following 14 IUOE instructors who have recently
achieved the OSHA Safety and Health Specialist
Certificate from West Virginia University’s National
Resource Center for OSHA Training. These instructors
may now choose to attend the Teaching Techniques –
Beginner course, an additional 32 hours of training to
earn the OSHA Master Trainer Status.
• William Baggett, Local Union 953
• Scott Browning, Indiana Job Corps
• Mary Denes, Local Union 158
• Richard Dobie, Local Union 158
• Victor Esparza, Local Union 12
• Michael Holcomb, Local Union 302
• Pete Larramendy, Local Union 12
• Dennis Manown, Local Union 66
• Randy Norris, SAT
• Brian Prather, Local Union 3
• George Staley, Local Union 649
• Ira Summerhill, Local Union 66
• Scott Vieu, Local Union 143
• Jack White, Local Union 673
IUOE instructors may refer to the HAZMAT Health and Safety Community for instructors on Blackboard for more information
on the OSHA Safety and Health Specialist Certificate and the OSHA Master Trainer Status. Instructors may also contact the
National HAZMAT Program at (304) 253-8674 or hazmat@iuoehazmat.org with questions.
22
international operating engineer

Health & Safety
AFL-CIO: Job Safety And Health Law Outdated, Enforcement Lagging
Saying the nation’s basic job
safety and health laws are outdated,
enforcement lags due to lack of
inspectors, fines are too small and its
criminal penalties when a worker dies
on the job are virtually non-existent,
the AFL-CIO is calling for a massive
overhaul and strengthening of federal
job safety legislation.
In its annual Death on the Job report,
released on May 6, a week after Workers
Memorial Day, the federation paints a
bleak picture of job safety enforcement.
It notes that prior improvements in job
death, injury and illness statistics since
the Occupational Safety and Health Act
was enacted in 1970 have stalled for the
last three years.
In 2011, the most recent figures
available, the report said, 4,693 workers
died on the job, or 3.5 per 100,000
workers. The injury and illness rate
also was unchanged for three years, at
3.5 per 100 workers.
“Workers in the United States need
more safety and health protection, not
less. Four decades after the passage of
OSHA, there is much more work to be
done,” the report declares.
“In 2013, it is unacceptable that so
many hardworking men and women
continue to die on the job,” said AFL-
CIO President Richard Trumka. “No
one should have to sacrifice his or
her life or health and safety to earn a
decent living.
“Yet, elected leaders, business
groups and employers have failed to
provide adequate health and safety
protections. At the same time, too many
politicians and business leaders are
actively working to dismantle working
people’s right to collectively bargain on
the job and speak out against unsafe,
unjust working conditions. This is a
disgrace to all those who have died.
America’s workers deserve better.”
In the report, the federation makes
the case that “the Occupational
Safety and Health Act is now more
than 40 years old and is out of date.
Congress should pass the Protecting
America’s Workers Act to extend the
law’s coverage to workers currently
excluded, strengthen civil and criminal
penalties for violations, enhance
anti-discrimination protections and
strengthen the rights of workers,
unions and victims.”
But the report also admits such
reforms are unlikely, and it blames both
political parties and business pressure.
It notes the Democratic Obama
Administration has sat for more than
two years on needed rules to protect
workers against safety hazards, such
as silica. And the GOP-run Congress is
intent on cutting job safety funding.
Other key points in the report
include:
• Workplace safety suffers from lack
of inspectors. There is one job
safety inspector for every 66,000
workplaces nationwide. At that rate,
a workplace would get a visit from
a federal inspector once every 131
years. States which run their own
OSHA programs are better, but not
by much: One visit every 76 years.
• The most-dangerous state for workers
is North Dakota, where 12.4 workers
died for every 100,000 in the labor
force. Next came Wyoming (11.6),
Montana (11.2), Alaska (11.1) and
Arkansas (8.0). The least-dangerous
state was New Hampshire, again
(1.2 per 100,000), followed by Rhode
Island (1.5), Washington (1.9),
Connecticut (2.2) and Massachusetts
(2.2).
• The national death rate on the job
was 3.5 deaths per 100,000 workers.
And though the report did not say
so, four of the worst five states in
fatality rates – all but Alaska – are socalled
“right to work” states with low
unionization rates and, when unions
exist, high numbers of “free riders”:
who do not have to pay for union
efforts at protecting workers on the
job.
• OSHA’s fines are too small and don’t
deter employers. If a worker dies on
the job due to company negligence,
action or inaction, the most the
company can face is a misdemeanor,
good for six months in jail for the
responsible company officer. As
a result, there have been only 84
prosecutions in worker death cases
in 42 years.
“The average penalty for a serious
violation of the law in FY 2012 was
$2,156 for federal OSHA and $974
for the state plans. For FY 2012, the
median initial total penalty in fatality
cases investigated by federal OSHA,
after settlement of $5,175.” The state
median was even lower, $4,900.
[article] Press Associates Union News Service
spring 2013 23

International Union of Operating Engineers
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24 international operating engineer