Mike Mattei - Construction Executive Magazine

S p e c i a l S e c t i o n : S a f e t y
Construction
EXECUTIVE
June 2007 t H e M a G a Z i n e f o R t H e B U S i n e S S o f c o n S t R U c t i o n
SucceSS
StorieS
in career
Development
Mike Mattei, Mattei, left,
and Gus Perea,
Adams-Bickel
Associates, Inc.
Mentors
at work

c o n t e n t s
J u n e 2 0 0 7
f e a t u r e s
18 a finely finished craftsman
Associated Builders and Contractors honors Pennsylvania
carpenter Mike Mattei with its Craft Professional of the
Year award.
24 a Professional Performance
The hands-on skills tested and celebrated at Associated
Builders and Contractors’ National Craft Championships
nurture industry talent.
30 a field of Dreams
Two new higher-ed construction schools in Florida and
Oregon are helping fill the industry’s pressing need for
experienced employees.
38 reducing employment risk
Contractors can diminish the risk of labor lawsuits by
improving the human resources component of their
operations.
44 Long Bay systems enable Large open spans
Requiring limited labor and resulting in faster occupancy
for the owner, cold-formed joist roof framing systems are a
cost-effective way to create wide open spaces.
special section: safety
48 osHa Inspections for consideration in 2007
52 Keep safety in Mind from the start
56 osHa Inspections and salts:
Minimizing Disruption
D e P a r t M e n t s
2 on the Level
4 Washington update
6 economic outlook
8 construction Headlines
10 Legally speaking
14 tech trends
16 onsite safety
60 risk Management
62 Workforce Development
66 around the nation
68 Product Gallery
COVER PHOTOGRAPHY BY JEFFREY PREHN
construction executive
18 30
24
44
JuLy PrevIeW
Look in next month’s issue for articles on sustainable
building and a special section on fleet management.
June 2007 Construction ExEcutivE |

JEFFREY PRENH ©
o n t h e L e v e L
B y K I r K P I c K e r e L
Time to Give Back
While the construction industry continues to become more cost effective and innovative
thanks to the use of technology, one challenge holds back many contractors across the
country. For the past 15 to 20 years, the construction industry’s workforce has dwindled
as its aging craft professionals retire in numbers greater than the young people entering
construction careers. The reasons:
• more career options exist today for high school and college graduates than ever
before;
• the computer world and other industries simply do a better job of promoting their
career options;
• the public perceives the construction industry as dirty and dangerous; and
• teachers, guidance counselors and parents often view construction as a worst-case
career choice and do not promote the industry as a viable career option.
But, what lies at the heart of the problem is the
fact many contractors choose to ignore the looming
crisis rather than taking the initiative to reach
out and tell their success stories to the younger
generation that has yet to choose a career path.
Too often, I hear contractors tell me, “well,
that’s your job.” Trade associations certainly play
a critical role in improving the industry’s image
and helping to ensure a future workforce exists.
For example, Associated Builders and Contractors
and its chapters establish relationships with
high schools, vocational/technical schools, colleges
and universities; provide state-of-the-art craft,
apprenticeship, safety and management training
programs; and highlight the high-tech skills
required of craft professionals through programs
like the National Craft Championships and the
Craft Professional of the Year.
These efforts and others, however, must be augmented by contractors taking the time
to share their personal experiences and how construction contributes to their lifelong
success. Whether your career as a construction executive just began or you are looking
forward to retirement in the near future, you should feel personally responsible to your
current employees, your company and the industry as a whole to spread the word that
construction has been good to you. After all, giving back is what life’s all about.
Kirk Pickerel
Publisher
| Construction ExEcutivE June 2007
tHe MaGazIne for tHe
BusIness of constructIon
P u b l i s h e r
M. Kirk Pickerel, CAE
President/CEO
e x e c u t i v e e d i t o r
Gail A. Raiman
Vice President, Public Affairs
e d i t o r - i n - c h i e f
Lisa A. Nardone
A s s i s t A n t e d i t o r
Lauren Pinch
s t A f f W r i t e r
Joanna Masterson
d e s i g n A n d P r o d u c t i o n
The Magazine Group
A d v e r t i s i n g A n d r e P r i n t s
Donald R. Berry,
National Sales Manager, (908) 852-7466
dberry@constructionexec.com
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Regional Sales Manager, (609) 654-4568
sdonohue@constructionexec.com
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and Contractors, Iowa Chapter

washington
e updater
According to the latest federal data,
the rate of U.S. workplace fatalities is
down to four deaths per 100,000 workers,
and the injury and illness rate is down to
4.6 per 100 workers. Both of these rates
are the lowest in the history of the Occupational
Safety and Health Administration
(OSHA).
Despite these improvements in workplace
safety, and the fact that Congress
has held few hearings on the issue, Sen.
Edward Kennedy (D-Mass.) and Rep.
Lynn Woolsey (D-Calif.) recently introduced
comprehensive legislation that
would make several significant changes to
the Occupational Safety and Health Act,
the law that governs OSHA.
| Construction ExEcutivE June 2007
G u L a t o r y a n D L e G I s L a t I v e n e W s
B y s P e n c e r r I t c H I e
Congress to Consider
Sweeping OSHA Changes
Among the many proposed changes,
the Protecting America’s Workers Act
(S.1244 and H.R.2049) would: significantly
increase penalties, including instituting
a minimum and maximum penalty
of $50,000 and $250,000, and raise the
criminal penalty from a misdemeanor to a
felony for violations deemed “willful” that
result in a “serious bodily injury” or death;
require employers to provide all personal
protective equipment (PPE) to their
employees; and prevent the dismissal of
employees for refusing to perform duties
they perceive as dangerous.
By increasing monetary and criminal
penalties, the bill mistakenly takes an
adversarial, citation-focused approach to
improving workplace safety. This approach
would seriously damage the collaborative
relationship OSHA has developed in
recent years with the construction industry
through the use of strategic partnerships
and alliances.
For example, the increased criminal
penalty from a misdemeanor to a felony
for certain violations would cause routine
settlements between OSHA and employers
to become highly contentious, potentially
forcing OSHA to secure search
warrants to conduct simple investigations.
This would hamper OSHA’s ability to get
employers to address hazards and drain
much-needed resources and time defending
citations.
While many employers already provide
most PPE used in the workplace as a result
of routine employer-employee negotia-
tions, the bill would leave the door open
for employers to provide a virtually limitless,
undefined supply of personal protective
equipment.
Finally, the provision in the legislation
that would prohibit an employer from
dismissing an employee for refusing to
perform a duty the employee perceives as
dangerous, while well-intentioned, invites
abuse by employees whose sole purpose
is to force recognition of a union by disrupting
business operations, a malicious
practice commonly known as salting.
Some of the other changes in the bill
include: expanding OSHA coverage to
government employees; providing new
participation rights to accident victims
and their representatives during investigations
and settlement negotiations
regarding serious injuries or deaths;
requiring OSHA to investigate any
workplace incident that results in a serious
injury or death; and updating whistleblower
protections.
While any effort to improve workplace
safety is commendable, the legislation SOURCE
introduced by Sen. Kennedy and Rep.
Woolsey would create more problems
than it intends to solve. In order to further
reduce workplace accidents, OSHA must ILLUSTRATION
continue to work with the construction
industry, not against it. The focus should
be on how to prevent accidents, not how
to respond to them.
SANFORD/STOCK
ritchie is director of legislative affairs for
LEE
Associated Builders and contractors. IVAN

economic
outlook
More Jobs, Fewer Workers:
Construction’s Critical Challenge
EvEn though thE construction industry
has generated nearly one million jobs during
the past five years and 2.2 million jobs
since 1997, most companies are finding it
increasingly difficult to recruit and retain
qualified employees. In fact, a recent survey
by the consulting firm ZweigWhite states
that attracting qualified employees is the
most critical challenge facing the construction
industry today. The survey results also
indicate that the lack of qualified employees,
particularly managers and experienced
craft professionals, is viewed as the largest
impediment to sustaining the future
growth of the construction industry.
Concern about the workforce shortage
is heightened by the robust growth of both
construction spending and employment.
| Construction ExEcutivE June 2007
B y J e f f r y T a y l o r
Between 2002 and March 2007, total construction
spending increased from $895 billion
to $1.2 trillion, according to the Department
of Commerce. Following that increase,
total construction employment rose nearly
one million to 7.7 million employees.
Commercial and other non-residential
construction is especially on the rise, and
a new study by George Mason University
professor Stephen Fuller illustrates the
ripple effect this is having on the industry.
The report determined non-residential
construction in 2005 added $148 billion
in direct benefits to the economy and created
4.2 million full-time jobs. Fuller also
reported that every million dollars spent
on non-residential construction generates
28.5 full-time jobs. This is great news for
the economy, but only if people start filling
the open positions.
Government and private sector estimates
indicate the construction industry
will need to recruit between 115,000 and
200,000 employees each year between
now and 2015 to fill anticipated vacancies
created by new openings, retirement
and career path decisions. The crafts have
been especially hard hit, and various studies
suggest the craft professionals most in
demand during the next 10 years will be
carpenters, electricians, pipefitters, plumbers
and steamfitters.
The U.S. Department of Labor’s
Bureau of Labor Statistics (BLS) estimates
construction jobs will grow approximately
1.5 percent during each of the next 10
years, while the rest of the workforce’s job
growth will be about 1.1 percent annually.
During the past several years, however,
construction employment increased
much more rapidly than BLS estimates.
This is likely to result in an increasingly
tight labor market, particularly for nonresidential
construction.
The lack of qualified employees coupled
with the high demand for these individuals
has led to the significant acceleration of
labor costs, and not just salaries—incentive
and benefit costs continue to rise as well.
According to BLS, average hourly earnings
rose to an all-time high of $20.60 in February
2007, up nearly 5 percent from the previous
year and up 13 percent over the past
five years. This trend is expected to continue
as demand for labor is likely to remain
biased toward higher paid, highly skilled
non-residential construction employees.

millions
25
20
15
10
5
0
Age 15–24
Entering the
Workforce
20.4
16
4.4
Compounding the labor shortage is
the diminishing number of younger people
entering the construction workforce.
According to the Construction Industry
Institute, the number of younger employees
(15 to 24 years old) compared to those
Age 50–59
Leaving the
Workforce
22 21.5
19.3
2.7
Potential
Construction
Workers
20.6
2002–2007 2007–2012 2012–2017
0.9
employees likely to retire (50 to 59 years
old) will decline from the current level of
2.7 million to just under one million by
2017. Increased focus on training, both at
the university and apprenticeship levels, is
critical for the future of the industry.
Though reaching younger generations is
a challenge, the construction industry is taking
steps toward diversifying its workforce.
Female employment increased from 830,000
in 2002 to 951,000 in 2006, and African
Americans now comprise approximately
7 percent of the construction workforce.
Hispanic employment in the construction
industry has increased significantly during
the past five years, with 15 percent of all
Hispanic workers currently employed in
construction, according to the Pew Hispanic
Center. Reaching out and remaining open
to all types of potential employees, while
upholding immigration laws, is critical to a
contractor’s recruitment success.
Overall, the construction industry appears
to be headed into an era in which everything
is on the way up—construction spending,
demand for skilled craft professionals, workplace
diversity, wages, insurance premiums—
except for the number of employees entering
the workforce. These increased costs and the
tightening of the labor market inevitably will
intensify the burden on construction firms,
particularly smaller construction firms.
taylor is chief economist for Associated
Builders and Contractors.
June 2007 Construction ExEcutivE |

construction
headlines B y J o a n n a M a s t e r s o n
Senate, HouSe ConSider
oSHa reform LegiSLation
SEN. TED KENNEDY (D-Mass.) and Rep.
Lynn Woolsey (D-Calif.) recently introduced
identical Occupational Safety and Health
Administration (OSHA) reform bills that
propose sweeping changes to the Occupational
Safety and Health Act of 1970.
Among other provisions, the Protecting
America’s Workers Act (S. 1244 and H.R.
2049) would:
• institute minimum penalties of $50,000
per violation for fatalities or serious
injuries, with maximum penalties up to
$250,000;
[ I n d u s t r y E v E n t s C a l E n d a r]
Associated Builders
and Contractors
Excellence in
Construction and
National Safety
Excellence Awards
Celebration
June 12
Washington, D.C.
| Construction ExEcutivE June 2007
Associated Builders
and Contractors
National Legislative
Conference
June 13–14
Washington, D.C.
senator Introduces
secret Ballot Legislation
SEN. JIM DEMINT (R-S.C.) recently
introduced the Secret Ballot Protection Act
(S. 1312), a measure that would ensure
employees’ right to a private, secret-ballot
election conducted by the National Labor
Relations Board (NLRB) when deciding
whether to be represented by a labor
organization.
The bill would prohibit a union from
being recognized based on a card-check
campaign, in which union officials gather
• change criminal sanctions for willful
violations that lead to a worker’s death or
serious injury from a misdemeanor to a
felony;
• offer new participation rights to accident
victims and their representatives during
investigations and negotiations;
• require OSHA to investigate all covered
workers’ deaths or serious injuries;
• cover more workers, including state
employees, in OSHA’s jurisdiction; and
• update whistleblower protections.
CongreSS examineS nLra
definition of SuperviSor
BOTH THE SENATE and the House
of Representatives are reviewing legislation
that would rewrite the definition of
National Association
of Women in
Construction Annual
Convention
Sept. 5–8
Orlando, Fla.
“authorization cards” signed by workers
expressing their desire for the union to
represent them. Under current law, employers
are not required to recognize unions
based on these card checks, but may do
so voluntarily.
The late U.S. Rep. Charlie Norwood
(R-Ga.), who died Feb. 13 after a long fight
against cancer and lung disease, introduced
companion legislation (H.R. 866) in the U.S.
House of Representatives earlier this year.
“supervisor” in the National Labor Rela-
tions Act (NLRA). The Re-empowerment
of Skilled and Professional Employees
and Construction Tradeworkers Act comes
as a response to three decisions issued
by the National Labor Relations Board
(NLRB) last fall that define supervisors
differently.
Sen. Christopher Dodd (D-Conn.) and
Rep. Robert Andrews (D-N.J.) introduced
the measure, which would overturn more
than 50 years of NLRB and U.S. Supreme
Court precedent defining supervisory status
under the NLRA. The union-supported
bill would sharply reduce the number of
employees who would qualify as part of
management in many industries, including
construction.

Senator
propoSeS
BiLL Banning
aSBeStoS
SEN. PATTY MURRAY
(D-Wash.) introduced the Ban
Asbestos in America Act of 2007 in
the U.S. Senate, calling for a stop to the
importation, manufacture and distribution
of products containing asbestos. More than
40 other countries have already banned
asbestos.
The bill would create a $50 million network
of 10 research and treatment centers
for finding treatment options and seeking
early detection and prevention of asbestosrelated
diseases. Other components of the
bill include: expanding an existing registry
of patients to include all patients with
asbestos-related diseases; requiring
the Environmental Protection Agency to
conduct a public education campaign to
increase asbestos awareness; and requiring
the Department of Defense and the
National Institute for Occupational Safety
and Health to conduct research on the
health effects and measurement methods
of asbestos.
DESPITE A RECORD 18 percent growth since 2003, the Portland
Cement Association (PCA) projects cement consumption
will decline by 1.5 percent this year. PCA anticipates gradual
gains throughout the second half of 2007, but not large enough
to offset the year’s first-half weaknesses. However, the increased
construction activity should carry over to 2008 and contribute an
estimated 3.9 percent growth in consumption.
American Public Works
Association Congress
Sept. 9–12
San Antonio, Texas
HiSpaniCS reportedLy
fiLL majority of new
ConStruCtion joBS
A FACT SHEET released by the Pew
Hispanic Center reported Hispanic workers
landed two out of every three new construction
jobs in 2006, with the majority of
jobs filled by foreign-born Latinos.
According to the nonpartisan research
organization, which works to chronicle
Latinos’ impact on the nation, total employment
in the construction industry grew by
559,000 last year, with Hispanic workers
accounting for 372,000, or 66.5 percent, of
that increase.
Most jobs were located in the South and
West, which the center said is consistent
with the overall distribution of the Hispanic
workforce.
pCa expeCtS Cement ConSumption to deCLine
American Road &
Transportation Builders
Association National
Convention
Oct. 9–12
Ft. Lauderdale, Fla.
International Risk
Management Institute
Construction Risk
Conference
Oct. 29–Nov. 1
Orlando, Fla.
JON LOvE/GETTy IMAGES
foreign SaLeS
of u.S. ConStruCtion
equipment riSe
U.S. EXPORTS OF construction machinery
gained 34 percent in 2006 for a total
of $13.7 billion worth of equipment sold
worldwide, according to the Association
of Equipment Manufacturers. Exports to
Central America rose 40.5 percent to
$1.3 billion; Africa increased 34 percent to
$640 million; Australia/Oceania increased
26 percent to $1.4 billion; Canada increased
22 percent to $5 billion; and South
America increased almost 17 percent to
$1.9 billion. Machinery exports in Asia
and Europe declined 11 percent and
12 percent, respectively.
PCA’s forecast reflects a nearly 6 million metric ton decline
in residential cement consumption levels compared to 2006.
Even with the overall decline in consumption, PCA predicts a
1.5 percent increase in cement intensity this year—meaning more
tons of cement and concrete will be used per dollar of construction
activity.
www.abc.org/newsline
Want a weekly review of the most up-
to-date construction headlines, including
legal, regulatory and political news affect-
ing the construction industry?
Visit Newsline, the online newsletter
published by Associated Builders and
Contractors, at www.abc.org/newsline.
June 2007 Construction ExEcutivE |

l e g a l ly s p e a k i n g
B y R a n d o l p h s . s e R g e n t
Contractors that hire subcontractors
often want to ensure they can
arbitrate disputes rather than face litigation.
When a contractor issues a payment
bond, however, a subcontractor can choose
payment sources directly from the contractor
or from the surety that issued the contractor’s
payment bond. It may be difficult
to compel a subcontractor to proceed in
arbitration if it chooses to file suit under
a bond, but a contractor can take certain
actions to make arbitration more likely.
Arbitrating construction disputes provides
a number of benefits. Parties in arbitration
follow streamlined procedures, such
as those set forth in the American Arbitration
Association’s rules for construction
industry disputes, and can seek an arbitrator
with relevant expertise in a particular field,
rather than a judge or jury without knowledge
of construction issues. Fewer discoveries
occur in arbitration—in terms of both
quantity and total length of time.
Arbitration hearings are shorter than
court trials, particularly jury trials, and a
case is more likely to end after an arbitrator’s
decision because it is very difficult to
appeal an arbitration award. Done properly,
the streamlined procedures, limited
discovery and shorter hearings lead to a
quicker and less expensive result.
A contractor that wants to preserve its
right to arbitrate with a subcontractor must
include an arbitration provision in its subcontract.
An arbitration provision in the
subcontract, however, does not always mean
arbitration is required when a subcontractor
makes a claim on the contractor’s payment
bond. Formally, the subcontractor’s
claim would be against the surety, not the
10 | Construction ExEcutivE June 2007
Payment Bonds,
Subcontractors and Protecting
The Right to Arbitrate
contractor, and would be based on a different
contract—the bond—which may or
may not contain an arbitration clause. If the
subcontractor can litigate claims under the
bond in court, the contractor may lose the
benefit of its arbitration clause.
If the subcontractor files suit under the
bond, and the surety tenders the defense
SourCe
to the contractor, the contractor may wind
illuStration
up litigating the same dispute in court that
it sought to place in arbitration.
The problem is compounded by the
fact that an individual contractor has little laird/StoCk
ability to change the payment bond’s form
language, as opposed to having control of
the contents of its own subcontract. Campbell

l e g a l ly s p e a k i n g
Two approaches can compel subcontractors
to arbitrate claims under a bond, when
those claims are based on an underlying subcontract
that contains an arbitration clause.
The first approach, incorporation,
requires an express term in the payment
bond stating that it incorporates the terms
of the subcontract. In such a case, the arbitration
clause in the subcontract is part of
the bond as if it were set forth in the bond
itself. If the bond expressly incorporates
the subcontract, the contractor or surety
can argue the arbitration clause is also
a term in the bond, and that arbitration
should be compelled under the bond.
There are some caveats to this approach.
First, while most courts find that arbitration
is required when a bond incorporates a
contract with an arbitration clause, not all
jurisdictions agree. The Maryland courts,
for example, have rejected this argument.
Second, the incorporation term in
the payment bond must incorporate the
subcontract, not just the contractor’s contractual
obligations. A payment bond that
guarantees all of a contractor’s payment
obligations on a project will commonly
incorporate the contract between the con-
12 | Construction ExEcutivE June 2007
tractor and the party that hired the contractor
(whether it’s a general contractor
or an owner). This does not mean that any
subcontracts issued by the contractor also
are incorporated into the bond.
If the arbitration clause is not broad
enough (e.g., if it is limited only to disputes
between specified entities), the courts may
not read the clause as requiring arbitration
under the bond, even if arbitration is incorporated
into the bond.
The second approach is based on a
legal doctrine called estoppel, which
requires the subcontract to contain a
broad arbitration clause. Such a broad
clause may require the subcontractor to
arbitrate any or all disputes that relate
to or arise from the subcontract, without
any limitations on the type of claim or the
parties involved. The clause should not be
limited to disputes between the contractor
and subcontractor.
If the subcontract contains a broad
clause, the contractor or surety can argue
the subcontractor’s promise in the subcontract
should extend to the bond because
any claims for payment under the bond
would be based on the subcontractor’s
work under the subcontract, and the subcontract
would govern whether any payments
to the subcontractor are due.
This argument is relatively new,
although a line of federal cases has recognized
estoppel in similar situations and the
courts have found it essentially fair to hold
the subcontractor to its broad promise.
To maximize the application of estoppel,
the contractor should first make sure the
clause applies to “any and all disputes arising
from or relating to this subcontract,”
or similar language. Second, the clause
should not expressly refer only to disputes
between the contractor and subcontractor.
Third, it may be advisable to insert language
such as “including but not limited
to any claims under any bond” to make the
parties’ intentions clear.
Without control over the language in
the payment bond, drawing a broad arbitration
clause provides the best chance of
compelling subcontractors to proceed with
arbitration.
Sergent is a partner at Venable, LLP,
Baltimore. For more information, call (410)
528-2881 or email rsergent@venable.com.

t e c h t r e n d s
b y d a v i d m c k i t t r i c k
If ever there existed a testimonial
about the integrity of a wall, it would
have come from the builders of the Great
Wall of China. Even though some original
sections have surrendered to natural and
manmade forces, it is still standing more
than 2,300 years after construction began.
While the construction material of choice
for today’s retaining structures
is conceptually similar
to that of the Great Wall,
applying technology gives
modern walls a higher
measure of strength, durability
and safety.
Recognized as one
of the most important
civil engineering innovations
of the 20th century,
mechanically stabilized
earth (MSE) technology
allows retaining structures
to be designed and built
higher, stronger and more
economically than ever
before.
Thirty years after its
introduction in the United
States, the most popular
MSE configuration uses
steel strips embedded in
granular fills and faced
with precast concrete
panels.
Their safety and reliability features have
made these MSE structures the retention
system of choice for many state departments
of transportation (DOT) that are
responsible for public safety along roadways.
More than half of DOT-deployed
retaining structures are MSE-based, which
amounts to roughly 10 million square feet
a year. Their success here is grounded in
the design-build concept where structure
performance, rather than end product or
materials, is specified in contracts.
14 | Construction ExEcutivE June 2007
What Makes
A Great Wall?
by specifying
performance,
rather than
materials or
end-products,
developers
can take
advantage
of several
innovations
in mse
construction
that save time
and money.
DOT contractors have the flexibility
to use whatever materials and construction
methods give the best value for the
required level of performance. For commercial
developers, a similar approach also
makes sense when they adopt MSE technology
to re-grade and make sub-prime
sites economically viable.
Here are a few MSE
performance specifications
to consider:
• Design responsibility:
Developers can lower risk
when their specification
requires the general contractor
to subcontract MSE
design and construction to
a specialist with relevant
experience and appropriate
levels of insurance. When
consulting with the engineer
of record, the developer
must specify which
party will be responsible
for the structure’s internal
and global stability.
• Design code: The most
rigorous design code comes
from the American Association
of State Highway
and Transportation Officials.
Compliance with this
code has an added benefit if
supporting site roads will be
adopted by state or local governments.
• Surcharges and external loading conditions:
External conditions generally determine
the required size of the structure, so
it is critical to specify these in clear terms.
• Structural envelope: Specify the structural
envelope to ensure the necessary
amount of right of way, and any minimum
or maximum batters (the backleaning
angle that’s built into the front
face of a structure). Keep in mind that a
70-degree stepped wall is less expensive
to build than one with a vertical face, but
takes up more land.
• Settlement: Depending on the geometry
and ground conditions, make sure the
specifications include reasonable settlement
criteria—both for foundation design
and bearing capacity—that are compatible
with other aspects of the project. Specify if
staged construction is necessary.
• Aesthetics: Stipulate the desired look,
such as concrete for top-class facing or
gabion for lesser requirements.
By specifying performance, rather than
materials or end-products, developers can
take advantage of several innovations in MSE
construction that save time and money.
For example, MSE walls incorporating
geosynthetic straps—developed for
the chloride-rich soils of the Middle
East—are becoming more common as a
substitute for steel. The polymer-based
construction of the geosynthetic straps
provides a higher level of durability so they
can be used with recycled concrete, which
costs significantly less in areas where quarried
backfills are expensive. (This also may
help qualify a project for credits under the
Leadership in Energy and Environmental
Design rating system of the U.S. Green
Building Council.)
Also, developers increasingly use welded
wire facings and “green” walls that accommodate
high settlements and cost less than
concrete or stone-faced structures.
With their recent refinements, MSE
structures are an increasingly important
part of today’s commercial development
environment. Written in the context of a
design-build contract, their performance
specifications give developers appropriate
tradeoffs and the best value, so they, too,
can build a great wall.
McKittrick is managing director of EarthTec.
For more information, call (703) 771-9844 or
email dmckittrick@geostructures.com.

o n s i t e s a f e t y
b y s t u a r t n a k u t i n
According to the National
Safety Council, one or more near misses
precede 75 percent of all accidents. These
close calls should serve as wake-up calls for
employees to realize something is wrong
and needs to be corrected.
Employees may not realize they are
expected to report near misses—no matter
how trivial—to help prevent future accidents.
By recognizing near misses and taking
action to correct the underlying problems,
employees not only help reduce the number
of near misses, but more importantly,
16 | Construction ExEcutivE June 2007
Near Misses: Training
Employees to Identify
Hazardous Conditions
they help reduce the number of actual
accidents.
Here are some examples of near misses
in the workplace:
• An employee trips over an extension cord
that lies across the floor, but avoids a fall
by grabbing the corner of a desk.
• An outward-opening door nearly hits a
worker, who jumps back just in time to
avoid a mishap.
• Instead of using a ladder, an employee
steps on a box, loses balance and stumbles
to the ground. Although the employee is
shaken, no injury occurs.
When incidents like these happen,
most workers are relieved they were not
injured and then simply forget about their
close call moments later. However, when
employees narrowly avoid an accident or
injury, everyone should assume they are at
risk from the same hazard.
The difference between a near miss and
a serious injury is often a fraction of an
inch or a split second of time. Near misses
are red flags that let employees know a
jobsite behavior is wrong or unsafe and
requires immediate attention.
What a person does about these warnings
can make all the difference between
future injuries and a zero-accidents safety
record.
When an unfortunate near miss happens,
use it as a training opportunity.
Organize a safety meeting to discuss what
actually happened, what could have hap-
pened and ways to ensure it doesn’t happen
again.
The meeting could begin with the
trainer sharing his experiences with close
calls, which may prompt the trainees to
share their own examples. This heightens
awareness of the illustrated safety hazards
and encourages employees to take action
to correct underlying problems. When
the light bulb goes on, trainees begin to
understand they will not be lucky enough
to avoid accidents every time.
One problem with near misses is
employees often do not know they happened,
which makes it difficult to fix or
prevent future incidents. Many employees
simply return to work without mentioning
an incident to their supervisor. Employees
think if nobody gets hurt and no damage
occurs, it’s not really an accident that must
be reported.
Unfortunately, this mentality can be
found in countless work environments
on a daily basis. Encouraging employees
to treat close calls exactly the way they
treat accidents—with immediate reporting—is
the crucial first step to finding
causes, taking corrective action and training
employees to avoid the real accident ImaGes
waiting to happen.
Nakutin is director of claims, loss control
and human resources for Cavignac & As- Goode/Getty
sociates, San Diego. For more information,
visit www.cavignac.com. Larry

A Finely
•As ABC’s
Craft Professional
of the Year,
Mike Mattei
Leads By Example
18 |
Construction ExEcutivE June 2007
B y L a u r e n P i n c h
The day he heard his name announced
in front of his most esteemed peers, along
with the day a new silver truck arrived in
his driveway, will always stand out in Mike
Mattei’s memory. But for this Pennsylvania
carpenter, the pride in his craft and
the recognition from the construction
industry made being named Associated
Builders and Contractors’ (ABC) Craft
Professional of the Year one of his life’s
greatest moments.
“I was really flabbergasted to be nominated
for the award—completely taken
aback,” says Mattei, who works as a professional
finish carpenter for Adams-Bickel
Associates, Inc., Collegeville, Pa. “When
you take into consideration the history and
tradition of the construction industry, it is
humbling to be recognized among the top
in my craft.”
Selected among seven national finalists,
Mattei received a full-size truck from
Tradesmen International, the official sponsor
of the competition.
Candidates chosen to represent their
respective crafts are judged on their mast

Finished
June 2007 Construction ExEcutivE | 19

•
M a t t e i
tery of job-related skills, safety performance
record, leadership, professionalism,
community and industry service, personal
motivation, credentials and commitment
to the merit shop construction philosophy—all
qualities Mattei possesses.
“In terms of attributes that serve as an
example to other employees at Adams-
Bickel, number one is his patience,” says
Gus Perea, president of the company.
“Number two is his understanding of his
craft. He thinks the job through, he’s not
afraid to ask questions and he’s not afraid
to challenge something if he sees it going
in the wrong direction. He likes to create
synergy with others on the team.”
The definition of a self-starter, Mattei
began working construction literally the
day after he graduated from LaSalle University,
Philadelphia. He bought a truck
and some tools, and set out to find small
residential jobs installing windows and
doors, performing repairs and remodeling
interiors for neighbors, relatives and their
friends in Philly’s Roxborough area.
His reputation spread by word of mouth,
and for the next 20 years he easily found
work as the sole proprietor of contracting
business, Mike Mattei Carpentry.
Although a far cry from his degree in
political science with a pre-law focus, construction
wasn’t an unlikely career path
for Mattei, who grew up in a blue-collar
Mattei’s recent project, the
interior build-out of Philly’s
historic Bank Building, features
high ceilings and exposed beams.
20 |
Construction ExEcutivE June 2007
•
“There is a sense of
accomplishment in
construction that
is not available in
other work.”
—Mike Mattei
Mattei and his new Chevy
Silverado, parked outside
Adams-Bickel Associates
headquarters in Collegeville, Pa.
family. His grandfather was a stonemason,
his father an electrician and his uncle a
steelworker.
“Growing up, besides baseball, football
and basketball, there were mortar pans,
buckets and pavers,” he says. “I grew up
with bricklayers and cement guys. And I
liked it. There is a sense of accomplishment
in construction that is not available
in other work.”
Mattei still keeps some of his grandfather’s
old supplies as a valuable reminder of
his family roots. One of his grandfather’s
first construction jobs after immigrating to
the United States in 1916 was building the
Manayunck Bridge, a concrete viaduct for
the Pennsylvania Railroad that spans the
Schuylkill River.
Aside from his family, Mattei’s most significant
role model and mentor is his next
door neighbor, a carpenter (now retired)
named Nick Ruggieri, who partnered with
Mattei on local jobs and showed him the
ins and outs of the trade.
“Working with Nick was probably one of
the best experiences in my carpentry career,”
Mattei says. “He was a well-skilled carpenter
with a lot of integrity. He was at a level above
everyone else I worked for—he was committed,
focused and performed his best every
day. That was a great influence for me.”
Doing What he Loves
Mattei began working as a field carpenter
for various residential building and remodeling
firms after he closed his business in
1998.
In 2003, Adams-Bickel Associates
hired him to be the lead finish carpenter
responsible for constructing, installing and
repairing high-quality structures and fixtures
for various commercial projects.
“I was very lucky to find the job, almost

•
M a t t e i
by accident, with Adams-Bickel. I was
happy to find a good company with such
a solid reputation,” he says.
And the company was lucky to find
him. “Overall, he’s a respectful, easygoing
guy—the kind you want on a jobsite,”
Perea says. “He loves being a carpenter;
that’s what he’s always wanted to be. I
wish I had 20 guys like him.”
Adjusting to larger projects in the
commercial sector offered a challenge,
but Mattei adapted quickly to his new job
portfolio. “All of my skills are transferable
[to commercial construction],” he says.
The biggest difference he’s noticed is the
wider variety of glass, steel and concrete
materials used on a commercial job compared
to a residential job.
“The learning process never ends in any
aspect of a career,” he continues. “There is
always room for improvement—whether
in construction technique, industry knowledge
or improving relationships.”
He recently performed intricate carpentry
work to convert the interior of
The Bank Building, an historic structure
located on Chestnut Street in Philadelphia’s
Center City, from vacant office space
into high-end condominiums.
Adams-Bickel Associates also focuses on
the institutional segment, building churches
and schools throughout the region.
Without the pressure of managing,
planning, estimating, scheduling and
material procurement as a small-business
owner, Mattei appreciates having time to
hone his skills as a professional carpenter.
“When you’re working for yourself,
whatever you miss on a given workday,
you have to make up for by yourself the
next day,” he says. “The pace was really
nonstop. Now, I get to focus on the part I
like most, which is my work in the field.”
an inDustry Mentor
Mattei’s second passion is workforce
development. Before being hired at
Adams-Bickel, Mattei worked for Viola
Construction, Blue Bell, Pa., a company
that encouraged him to begin teaching
part-time at ABC’s Southeast Pennsylvania
Chapter.
Recognizing the dire need for qualified
craft instructors, Adams-Bickel required
Mattei to stay on as a carpentry instructor
for the chapter.
22 |
Construction ExEcutivE June 2007
The Bank Building, a historic structure on Philadelphia’s Chestnut Street, Mattei’s recent jobsite.
•“Overall, he’s a
respectful, easygoing
guy—the kind you
want on a jobsite.”
—Gus Perea, Adams-Bickel President
Mattei enjoys influencing the young carpenters
who are just starting out in the field,
and admires their commitment to completing
a four-year apprenticeship while holding
down a steady construction job.
Under a unique arrangement between
the company and the chapter, Mattei
takes a break from his regular schedule
to teach Monday daytime classes for first
and fourth-year apprentices, in addition to
evening classes.
“It’s a nice break for me,” Mattei says.
“I’m finding a book bag is a lot lighter to
carry than a toolbox.”
Mattei also stays active in community
service. Last year, he and a team of carpenters
joined the Bucks-Mont (Pa.) Katrina
Relief Project to build a new daycare center
in hurricane-devastated Waveland and
Bay St. Louis, Miss.
While Mattei continues to receive quite a
bit of attention for his award among his peers
and family, he’s trying to remain focused on
the quality and safety of his work.
“I still have responsibilities at work
each day, and I can’t get a big head,” he
says. “For the seven of us finalists, to be
recognized at this level has more to do
with the quality of the companies we work
for and their commitment to teamwork. I
don’t deserve all the credit for what I’ve
accomplished, and I make a point to let
my employers and colleagues know that.”
Perea couldn’t be prouder of his employee.
“Mike absolutely deserves this award,” he
says. “Mike has been getting a lot of attention
lately, and it’s been exciting. We really
feel that he deserves to get a huge pat on
the back.”
Mattei jokes that now that he’s considered
one of the top craft professionals
in the country, the pressure is on. “There
have been some mornings I’m nervous
getting my tools out.”
Pinch is assistant editor of Construction
Executive.

An air horn blast signals to the more than 130
craft professionals it’s time to get down to business.
Hammers bang, equipment purrs and cameras f lash
as judges and spectators—at times numbering more
than 1,200—move in for a closer look. Competitors
try to stay focused and energized as they see all their
hard work and training culminate in one long, loud and
stressful—yet exhilarating—day.
24 |
B y J o A N N A m A s t e r s o N
A Professional
ABC’s
NAtioNAl CrAft
ChAmpioNships
fosters
iNdustry
tAleNt
Construction ExEcutivE June 2007

Welders, sheet metal workers, carpenters,
pipefitters and other craft professionals
showed off their skills at the 21st annual
National Craft Championships.
Such is the scene at Associated Builders
and Contractors’ (ABC) National Craft
Championships—an annual event that tests
and celebrates the skills of merit shop craft
professionals from around the nation.
Held in March during ABC’s National
Convention in Nashville, Tenn., the 21st
annual competition featured hands-on
projects in 13 crafts: carpentry, electrical,
fire sprinkler, HVAC, instrumentation fitting,
insulation, masonry, metal building,
millwright, pipefitting, plumbing, sheet
metal and welding. Competitors qualify for
the event based on their performances at
chapter-level competitions. Safety practices
and results from a two-hour written exam
play a part in the final scores as well.
Competitors train for months in their
quest to be at the top of their crafts, and
dozens of behind-the-scenes volunteers—
from committee members to judges, sponsors
and project managers—donate their
precious free time to ensure the event goes
off without a hitch.
“I remember the first year I went to the
National Craft Championships,” says Dickie
Jones, director of human resources for Texasbased
Fluor’s global workforce development.
“I saw all these young men and women go up
to the front of the room during the awards
ceremony, and 2,000 people gave them a
performance
June 2007 Construction ExEcutivE | 25

C r A f t c h a m P i o n s h i P s
standing ovation. It gave me chills to realize
this is our future.”
A ViAble CAreer
The future of the construction workforce
is of paramount concern to industry executives
across the country. In fact, recruiting
and retaining qualified employees is the
No. 1 business challenge facing architecture,
engineering and construction firms
in 2007, according to ZweigWhite’s 2007
AEC Industry Outlook.
The U.S. Department of Labor’s
Bureau of Labor Statistics states the construction
industry will need one million
new workers in the next six years and 2.4
million by 2014—data fueled by an imbalance
between the number of baby boomers
retiring and the number of young people
training to be craft professionals.
Jones, who serves as chairman of ABC’s
Craft Championships Committee, says
welders, millwrights, crane operators,
electricians, pipefitters and ironworkers are
particularly hard to come by these days.
“People aren’t exposed to these crafts,” he
says. “As an industry, we have to do a better
Forty-four electricians
competed in the
2007 National Craft
Championships in
Nashville, Tenn.
26 | Construction ExEcutivE June 2007
job of presenting our case to the schools.”
A few key words and phrases seem to
surface continually as construction leaders
debate ways to attract workers to the
industry—mentoring, training, investing
in the future and generating a positive
image. The National Craft Championships
touches on all of these issues that
have proved critical to growing the construction
workforce.
“It demonstrates construction as a
viable, first-choice career option,” says
Fred Day, event coordinator for the Craft
Championships Committee and director
of training at Suffolk Construction Co.,
West Palm Beach, Fla. “It provides role
models nationally and locally who demonstrate
that pride, craftsmanship and quality
are alive and well in the industry.”
ConfidenCe boost
A welder and pipefitter by trade, Jones
became involved with the event 15 years
ago while teaching construction classes at
Brazosport College in Lake Jackson, Texas.
He has continued to be involved year after
year because of the recognition and support
students receive. “It’s a good possibility
these men and women thought they didn’t
have a future,” Jones says. “I like seeing the
lights go on and their eyes light up because
they get the chance to compete and start
a life. The light might not have gone on if
someone hadn’t pulled the switch.”
The desire to excite people about construction
while maintaining a commitment
to quality work is at the heart of the Craft
Championships Committee. Day says the
group focuses on the big picture of bettering
the industry through dedicated teachers
and committed students who earn an honest,
well-paid living. “We all believe in the
same principles: honor in working with your
hands as a professional craftsperson, dignity
of hard work and the benefits it can provide,
recognition of exceptional talent and respect
for personal standards,” he says.
Volunteer project managers for the
competition, such as HVAC specialist
Mitch Clark of Tri City Mechanical/Comfort
Systems USA, Chandler, Ariz., help
participants overcome weaknesses and generate
more positive attitudes. Clark says the
program allows young craft professionals to

C r A f t c h a m P i o n s h i P s
A masonry competitor
concentrates on his work.
excel in their trades and learn to deal with
pressure situations that will help give them
confidence in their day-to-day activities.
He also asks competitors to teach someone
else a task so they can gain leadership
experience.
Added VAlue
Competitors also become a tremendous
asset to their employers. “The companies
say, ‘We have to hold on to this person
because he competed on a national level.
He has value and we can go to him for
answers,’” Jones says.
He adds that promoting the program
and acknowledging competitors’ training
efforts can help a company increase retention.
Plus, on the recruitment side, other
workers may hear about a company that
treats its employees well and want to apply
for a job there.
For the past seven years, Cliff Wilson,
general superintendent and safety director
at Benchmark Construction, Brownstown,
Pa., has volunteered to supervise
apprentices, serve as a judge and design
the carpentry projects for the National
Craft Championships.
“When I interview potential employees
and bring up the subject of our commitment
to and involvement in the Craft
28 | Construction ExEcutivE June 2007
Championships, I have their full attention,”
Wilson says. “Our veteran employees
always want to know what happened
at the competition. By being a part of the
program, our tradespeople and management
professionals know our company is
staying on top of our game.”
industry buy-in
In addition to contractors, other companies
seek involvement in the competition
through sponsorships. The most recent
National Craft Championships boasted
more than 50 sponsors that donated time,
money and materials. Square D, a provider
of electrical distribution and industrial
control products, systems and services,
supplied all of the electrical equipment
for the competition.
“We believe in the very things that the
electrical apprentices are judged on during
the competition: jobsite and safety performance,
leadership, professionalism, community
and industry service, and personal
motivation,” says Bill Fischer, program
segment manager for Square D. Not only
does the company believe in playing an
active role in the construction industry, but
the sponsorship allows it to interact with
the industry’s next generation of business
owners.
This face time with craft professionals
and their employers also is invaluable
to Milwaukee Electric Tool, which has
provided tools for the competition for the
past five years. Doug Callies, Milwaukee’s
global training director, says the company
is seeing a return on its investment in the
form of brand loyalty. When competitors
or their employers go out to buy tools, he
says, they look at Milwaukee as one of
their primary choices.
Plus, being a part of the National
Craft Championships allows Callies to
watch a new generation advance their
construction skills. “Personally, I like to
be involved because it’s great to see the
young students evolve and the pride they
take in their work, and that they’ve made
it to a national competition. It’s exciting to
watch them grow.”
Masterson is staff writer of Construction
Executive.
For more information about the 2008
National Craft Championships, to be
held March 6–7 at ABC’s National
Convention in San Juan, Puerto
Rico, visit www.abc.org or email
craftchampionships@abc.org.

A Field of
Lynn SaviLLe/Getty imaGeS
30 | Construction ExEcutivE June 2007
New HigHered
Programs
Provide Career
oPtioNs, meet
iNdustry demaNd
for exPerieNCed
graduates

Dreams
If you build it, they will come.
That’s what a few entrepreneurial industry
association leaders and educators discovered
when they stepped up to the plate to address
the construction workforce shortage.
Construction employers are desperate
to train and hire skilled people to work as
craft professionals, supervisors and managers.
Instead of waiting for the problem
to solve itself, these industry leaders took
the initiative to create new and innovative
higher education programs that will
prepare the next generation for the myriad
B y L A u r e n P i n c h
career opportunities ahead.
Two new construction programs, the
Northwest College of Construction, Portland,
Ore., and Everglades University’s,
Boca Raton, Fla., are helping to fill the
industry’s pressing need for experienced
graduates. Now that the programs are
built, a fresh set of enthusiastic and hardworking
students—with several construction
firms backing them up as mentors—
have come.
Remarkably quickly, recent high school
grads, construction professionals seeking
continuing education and adults setting
out on a new career path enrolled in the
programs, which continue to grow thanks
to positive industry reviews.
The programs use the foundation
established by programs already offered
by groups like Associated Builders and
Contractors (ABC), Associated General
Contractors (AGC), the National Center
for Construction Education and Research
(NCCER) and local community colleges.
June 2007 Construction ExEcutivE | 31

A f i e l d o fDreams
Construction Executives, Meet Your Replacements
if they could, construction employers would clone students like
the ones who participated in associated Builders and Contractors’
(aBC) Student Chapter Construction management Competition.
these students possess all the skills needed to take on management
positions left vacant by a retiring baby boom generation.
University of Cincinnati’s (UC) team, for example, topped 23
other college and university teams in the project management/
scheduling, estimating and safety areas of the competition, held
march 21–22 in nashville, tenn.
team captain michael Padgett, a UC senior, says construction
is in his blood. His father and brother both work in the trades, his
cousins work as steel erectors, one grandfather was a carpenter
and the other a draftsman.
Hands-on training and mentorship by seasoned professionals
have helped to prepare students like Padgett for the world of
construction. UC construction management students must complete
a co-op program in which they gain paid field experience at
local construction firms.
Padgett worked with two firms in Cincinnati—messer Construction
and turner Construction Company—performing almost every
management skill imaginable: layout, submittals, scheduling small
jobs, updating documents, attending subcontractors’ meetings,
tracking work-in-place for subcontractors, reporting to the project
manager and superintendent, reviewing pay applications and communicating
with design professionals about RFis and design issues.
Padgett says the ability to form relationships with these professionals
is the primary component of a successful construction
management degree program.
“Construction is an art that is constantly evolving, and people
with executive experience in the field are the masters of developing
young project engineers and managers for the industry’s
future,” he says.
in addition to courses in building systems and construction
law, Padgett currently is completing his senior project, which
requires students to develop a business plan and an operations
manual for a fictional construction company. Padgett’s manual,
numbering at least 350 pages, was applied to a proposal for a
$122 million hospital project that received various change orders
and challenging scenarios from his professors.
“there’s nothing comparable to seeing a project from start
From left, Tim Johnson, chairman of ABC’s Workforce Development
Coordinating Committee; UC students Lou Horn, Brad Frey, Jeff Ward,
Kevin Zix, Michelle Podsiadlo, Jessi Metzger, Brandon Seibert and
Michael Padgett; and Bill Fairchild, ABC National chairman-elect.
32 |
Construction ExEcutivE June 2007
to finish,” Padgett says. “it’s simply amazing to see the design,
management and process used to bring an idea, such as a building,
from paper to reality.”
UC Junior Jessi metzger, incoming president of the aBC
student chapter, found her way into construction because it combined
subjects she enjoyed—math and science—with the people
skills necessary for management. Like Padgett, she is gaining
paid field experience.
“the most important thing, i believe, is that UC provides opportunities
for students to get more involved than just the regular classroom
learning,” she says. “When we graduate, we will have seven
quarters of directly related experience on our résumés. there’s not
much that can beat that, especially in a field like construction where
you learn by doing.”
metzger currently is enrolled in structural systems, construction
methods, project costing, advanced construction management
and managerial psychology—all courses that apply to the
real world of construction.
applying their classroom and field knowledge during the
national competition, metzger, Padgett and UC teammates
Brad Frey, Lou Horn, michelle Podsiadlo, Brandon Seibert, Jeff
Ward and Kevin Zix participated in a mock bid-day for an office
building.
teams received subcontractor bids every 15 minutes and then
submitted an overall bid form to the judges. the finalists were
narrowed to five teams that were required to give a presentation
with supporting materials justifying the calculations in their bids.
needless to say, the UC team is thrilled with the win.
“the aBC national Convention was awesome,” metzger says.
“When we realized we were top-five, we marched straight to our
rooms and began preparing for the presentation. We worked nonstop
to be fully prepared for it the next day.”
Padgett adds, “it wouldn’t have been possible to win if it
weren’t for [the whole team’s] dedication and talent.”
Construction employers need to act fast to network with these
promising students; many graduates of construction management
degree programs are already receiving job offers. UC construction
management students, like others around the country,
have a 100 percent job placement rate.
the other top-five winners in the aBC Construction management
Competition were University of Florida, Brigham young
University, University of Southern mississippi and the Florida
international University.
Colleges and universities participating in the event also included:
auburn University; California Polytechnic State University;
California State University-Chico; eastern Kentucky University;
minnesota State University–mankato; montgomery College;
Pennsylvania College of technology; Purdue University; texas
a&m University; texas a&m University–Commerce; University
of alabama; University of Central Florida; University of Houston;
University of north Florida; University of northern iowa; University
of Washington; University of Wisconsin–Platteville; University
of Wisconsin-Stout; virginia Polytechnic institute and State
University (virginia tech).
For a full list of baccalaureate degree programs accredited
by the American Council for Construction Education, visit www.
acce-hq.org/baccalaureateprograms.htm.
—By Lauren Pinch

A f i e l d o fDreams
Meeting needs in the northwest
In 2002, Dan Graham, president of the
Northwest College of Construction
(NWCC), pitched the idea of forming a new
construction college to Tammy Bachofner,
president of ABC’s Pacific Northwest Chapter.
Graham, then head of AGC’s training
and apprenticeship programs, realized his
association alone couldn’t tackle the industry’s
requests to provide more advanced skills
training. As a result, the two groups formed
a unique partnership to collaborate on construction
education.
Helping to develop Graham’s vision,
Bachofner served as one of the NWCC’s
original steering committee members and
helped the new school gain approval from
the state’s Joint Apprenticeship and Training
( JATC) committees.
In late 2003, the Home Builders Association
of Metropolitan Portland (HBA) and
the National Utility Contractors Association
of Oregon and Southwest Washington
joined the effort to design a feasibility study.
In July 2005, the NWCC was incorporated
as a private, non-profit institution with eight
board members.
After negotiating the purchase of a
commercial building, the school began a
$1 million renovation with Team Construction
of Vancouver, Wash., as the general
contractor.
The NWCC moved into the facility
in March 2006, and by September 2006,
classes began running full-tilt. Currently,
the NWCC employs 10 full-time staff and
23 part-time instructors who each average
15 years of industry experience. This year,
enrollment averaged about 400 students
each quarter, but by next year, Graham
estimates an enrollment of 470 students
each quarter.
“This is the first partnership among
national construction associations to collaborate
on education in a formalized way,
at a private career school that handles multiple
crafts,” Graham says. “This makes us
unique from other programs.”
The NWCC offers craft, technical,
supervisory and management-level courses
that combine lectures, group interaction
and hands-on training.
The local ABC and AGC chapters
continue to offer their own apprenticeship
programs, but use the NWCC as a means
to further benefit the industry.
“I think we are the wave of the future,”
34 |
Construction ExEcutivE June 2007
Graham says. “We are spending a lot of
energy meeting with high school guidance
counselors and career centers, and we’ve
bused in students to visit from as far as
100 miles away. The word is getting out
that we are here.”
Setting up shop also required a lot of
energy. Classroom spaces needed to be
transformed into laboratories, complete
with machinery like HVAC and welding
equipment, for the various craft specialties.
“No labs had been set up in the facility,
and it was a challenge making the
transition from the community college
curriculum to the National Center for
Construction Education and Research’s
[curriculum],” Bachofner says.
“Another hard part was joining together
without losing our own identity as separate
organizations,” she says.
The process of registering with the
state department of education as a career
school, transferring the existing programs
from ABC and AGC, and re-registering
the school with the NCCER was a bit
overwhelming, Graham admits. “A lot of it
was learn-as-you-go. For awhile it seemed
like we were drinking out of a fire hose.”
Several local vendors and craft professionals
donated their time and equipment
to set up the laboratories for the new school.
Other firms offered advice on adjusting the
various craft curriculums to best provide
graduates the skills they’ll need on the job.
For example, New Tech Electrical, Inc.,
Portland, Ore., installed a new electrical
system for the NWCC facility, modified
the power supply to suit institutional rather
Everglades University offers a flexible class
schedule at this Boca Raton, Fla., facility.
than commercial usage, and installed an
up-to-code fire alarm system.
“I think it’s important to give back to
an industry that has given so much,” says
Bob Bachofner, president of New Tech
Electrical (and Tammy’s brother-in-law).
He has been a member of Oregon’s electrical
apprenticeship board for 12 years.
“I’ve always felt a strong interest in trying
to upgrade our apprenticeship programs
and get new programs off the ground to
help the construction industry maintain
its workforce,” he says.
Hunter-Davisson, Inc., Portland, Ore.,
an HVAC company that has been active in
the state’s Area 1 apprenticeship program
for approximately 16 years, volunteered to
participate in the development of the college
as a representative of ABC.
Executive Vice President Dean Glover,
who previously taught courses for ABC’s
apprenticeship program and Portland
Community College, paired with Entek
Corporation, Longview, Wash., to codesign
and build HVAC systems for the
remodeled NWCC building. Hunter-
Davisson donated approximately $20,000
in material and labor by doing the job
nearly at cost.
The company is working with several
other firms to improve the school’s HVAC
craft labs and secure more donated materials
and equipment for hands-on training.
Two Hunter-Davisson technicians teach
evening HVAC courses, and President Jeff
Davisson chairs the Area 1 HVAC apprenticeship
program.
“From my perspective, our HVAC
industry requires technicians to have a
broad base of knowledge and training,
including electrical fundamentals, heat
transfer fundamentals, refrigeration cycle
fundamentals, hand tool use, refrigerant
handling and pipefitting,” Glover says.
“I feel it is so important that a technician
be trained properly in all the areas of our
trade. This helps the industry as a whole
and certainly provides the technicians with
a marketable skill set that offers opportunity
and a stable, well-paying occupation.”
Now that the facility exists, the industry
needs to remain proactive in promoting
and developing it. “We can’t wait for
someone else to do our training if we want
it done correctly and thoroughly,” he says.
Other ABC member companies that
participated in developing the NWCC

A f i e l d o fDreams
include American Heating, Inc.; Arjae
Sheet Metal Company, Inc.; HVAC, Inc.;
and Reitmeier Mechanical.
Although it has not yet graduated its
first set of students, and no data exists on
job placement, the NWCC is already a
success story in the construction industry.
With a place of their own to improve their
skills, craft students have a heightened level
of esteem in the industry, Bachofner says. In
addition, the school is bringing more publicity
to the benefits of merit shop training.
“Now, instead of having eight different
training programs, we have one big voice to
promote our training efforts,” she says. “We
show that as a group, [ABC and AGC] are
committed to training beyond the apprenticeship
programs we continue to offer.”
The school is already receiving positive
feedback about its students. In one instance,
a brick masonry apprentice, having recently
learned about preventing brick fluorescence,
helped to save his contractor $80,000 on a
job for Oregon State University.
Graham, Bachofner and the NWCC
board hope the school will become a
model for other associations and academic
institutions.
“The biggest goal I see for the future of
the college is that someone who is thinking
about going into construction first thinks
of the NWCC,” Bachofner says. “Some
students have never even swung a hammer.
Others want to open their own business.
And many just desire some extra management
training to get that promotion.”
Providing Career skills
in the southeast
Everglades University, a not-for-profit
school that offers undergraduate and graduate
degree programs for adult learners, added
a bachelor of science degree program in construction
management in August 2005.
The program is tailored to construction
professionals who are looking for career
advancement while maintaining their current
jobs.
The early seeds for the new program
were planted by the school’s business development
committee and board of trustees,
which took an interest in construction education
for the supervisor or project manager,
as opposed to the architect or engineer.
“Industry professionals from the community
contributed their ideas and voiced
their need for qualified supervisors or proj-
36 |
Construction ExEcutivE June 2007
The Northwest College of Construction
was built with construction industry
associations’ support.
ect managers who not only have industry
experience, but academic preparation,” says
Dr. Jayne Moschella, vice president of academic
affairs. Many voiced concern about
promoting craftsmen and artisans to management
positions when they lack a business
degree and basic management skills.
The Everglades University program
provides instruction in management as
well as industry-specific technical and
occupational subjects, including planning,
safety, finance, codes, cost estimating, electrical
and mechanical systems, masonry,
ethics and construction law. Students
complete 123 credit hours, including 30
hours in general subjects such as English,
humanities and social sciences.
Like the NWCC, Everglades University
seeks advice from construction experts to
ensure the curriculum is consistently up to
date and meets industry standards. Several
construction firms and associations, including
ABC’s Florida chapters, provided guidance
for the program’s early development.
Students admitted to the construction
management degree program must show
they have some experience in the construction
industry. Because many students hold
full-time jobs, Everglades University offers
flexible day, evening, weekend and online
class schedules. Undergraduate students
take only one class each month, promoting
concentration in each individual class.
Small class sizes provide for individualized
attention and greater interaction between
the students and the faculty.
The new program is gaining attention
within the industry, and students are quickly
signing up. Enrollment grew from 10 students
to 100 within a year and a half.
“We have marketed the program in the
community, but I think it sells itself because
it’s really filling a demographic need. Students
are happy to go to school for something
they already love,” Moschella says.
“The students are very committed, very
involved, and our retention so far is good.
They come in with pride, and they are
excited to be able to bring their own realworld
experiences to the classroom.”
The feedback from employers is positive,
as well. “The industry is chomping
at the bit for our graduates,” she adds.
Several students already have job offers or
internships set up for the summer.
While its main facility is in Boca Raton,
Everglades University has additional branches
in Sarasota and Orlando. The institution is
accredited by the Accrediting Commission of
Career School and Colleges of Technology,
and licensed by the Florida State Board of
Independent Colleges and Universities.
In the future, the university hopes to
move to a traditional campus to gain more
space for students while maintaining small
class sizes and individual attention.
“We want to remain a leader in construction
management education, and we are very
proud of our program,” Moschella says.
The NWCC and Everglades University
serve as a model and inspiration to other
construction associations and academic institutions
to build new programs of their own.
For more information and full course descriptions,
visit www.nwcoc.edu or www.everglades
university.edu.
Pinch is assistant editor of Construction
Executive.

38 | Construction ExEcutivE June 2007
Ironically, for many companies,
the seeds for extensive
employment law litigation
exposure are sewn in the best of
times. A company busting at the
seams with business and des-
perate for workers, but with an
under-funded (or nonexistent)
human resources department,
risks lawsuits from a labor and
employment attorney or investi-
gations by the government.

Reducing
B y S c o t t S c h n e i d e r
employment
Risk
Are firmS
neglecting
the humAn
reSourceS
component
of their
operAtionS?
While litigation risk in boom times— ple who file lawsuits share certain person-
or any time, for that matter—can never be ality traits.
eliminated, the following steps can help The application and interview process
an overwhelmed company significantly provides hiring managers an opportunity to
reduce its risk.
identify employees with problematic traits
and screen out the “walking lawsuit.”
Screen Out the ‘Walking laWSuit’ The following information should raise
Lawsuits are not simply a collection of a red flag for hiring managers: the appli-
allegations reduced to writing and served cant changes jobs frequently, has extensive
by a sheriff ’s deputy. In most instances, periods of unemployment, refuses to fill
lawsuits result from combining a certain out the criminal conviction section of the
personality type with a challenging work employment application, has inexplicable
environment. Put another way, many peo- reductions in job responsibilities with an
June 2007 Construction ExEcutivE | 39
John Lund/Getty ImaGes

e d u c i n g r i s k
employer, or provides victim-like responses
to questions regarding why he left another
company.
At the very least, these types of
responses should prompt hiring managers
to ask difficult and probing questions.
To their disadvantage, companies des-
40 |
Construction Construction ExEcutivE June 2007
perate for employees look at the application
and interview process as yet another
painful hoop to jump through, as opposed
to a valuable screening tool. While rushing
through the process certainly satisfies
the short-term need to hire an employee,
it can often lead to difficult long-term
Avoiding the Forbidden Zones
Of Interviewing
By Jim Holland and Jennifer Webb
Interviewing potential employees is like driving down a
highway filled with potholes—there’s danger at every
curve. sometimes interviewers try to make applicants
feel comfortable by asking about their family, outside
interests or background. While these types of questions
are good social icebreakers, they can open up a
company to possible lawsuits. the following checklist
contains some common-sense guidelines to help
avoid the “forbidden zones” of interviewing.
• Age: Inquiries about age, date of birth, date of
graduation from high school or other inquiries
designed to determine a person’s age are inappropriate.
absent a direct nexus to job functions (e.g.,
when federal or state law requires employees to be
18 years of age or older to operate dangerous equipment),
inquiries about age are not appropriate in an
interview.
• Children: Questions about status as a parent, future
plans for children, day care arrangements for existing
children and plans to marry should be avoided.
Inquiring into these aspects of an applicant’s life are
almost always regarded as gender discrimination or
harassment. Interviewers may ask applicants if there
is anything in their life that might interfere with work
hours. For example, asking a female applicant if day
care obligations require a 5 p.m. departure every day
could be considered gender discrimination. asking if
anything about her personal life might interfere with
the performance of occasional overtime, on the other
hand, is neutral and entirely acceptable, so long as
the job features occasional overtime and the inquiry
is made of all applicants.
• Health: disabilities and medical conditions require
sensitive handling. It is generally inappropriate to
inquire about disabilities, diseases or an applicant’s
health status. If this information is volunteered, the
employer may note it. If an applicant indicates he
needs a job accommodation, it is acceptable to ask
questions to clarify any limitations. For example,
asking if an applicant has back problems that
prevent him from lifting heavy equipment and supplies
is inappropriate. It is permissible, however, to
explain that an essential function of the job requires
repeatedly lifting more than 50 pounds. then ask
whether the applicant can perform the
work with or without a reasonable
accommodation.
• Race: ethnicity and citizenship
are not performance-
related and are always
inappropriate. an applicant’s
ethnicity and/or national origin
are completely irrelevant to job
performance and should not be discussed during an
interview. Inquiring about language skills necessary
to the job, however, may be appropriate.
• Religion: Religious beliefs or religious affiliations
generally should not be discussed during interviews.
Interviewers should not promote any particular
religious belief in the workplace. If an applicant says
he engages in a religious observance that would
require an accommodation (e.g., he can’t work on
a particular day), an employer may obtain enough
information to understand the needed accommodation.
all inquiries, responses and processing of this
information should be handled cautiously.
• Unions: asking applicants for their views on labor
unions is inappropriate regardless of a company’s
affiliation with unions.
So, What Can Be Discussed?
Interviewers should focus on job-related topics to
keep themselves out of the forbidden zones. Provide
applicants with information on the company and its
culture, essential job performance requirements and
any appropriate industry standards. Interviewers also
should obtain job-related information from applicants,
such as work experience, educational background,
career objectives and attitude toward the particular
position. Personal information, such as family association,
religious beliefs, family traditions, living arrangements,
marital status, parental status, health and union
views is generally unrelated to work performance and
should be avoided.
Holland and Webb work in the Kansas City, Mo.,
office of Fisher & Phillips, LLP. For more information,
call (816) 842-8770 or visit www.laborlawyers.com.
consequences in the form of employmentrelated
claims and litigation.
avOid hiring illegal alienS
Complying with federal immigration laws
is simple: The knowing employment of
unauthorized aliens is illegal. Failing to

e d u c i n g r i s k
comply can result in action by Department
of Labor investigators and trial attorneys.
To verify an individual’s eligibility
for employment, the employer must
complete an I-9 form. The documents
accepted as part of the I-9 process must
be original documents, and the employer
must perform a reasonable inspection of
the genuineness of each document. If the
documents do not appear to be genuine,
they should not be accepted and the
employee should not be allowed to continue
working.
Pay emPlOyeeS fOr all time WOrked
Employees must be paid for all time
worked and time and a half for more
than 40 hours worked within a week. The
importance of complying with this simple
edict cannot be overstated—during the
past several years an explosion in classwide
wage-hour litigation has occurred.
Companies faced with increased work
and a chronic labor shortage often require
employees to work significant overtime.
Unfortunately, front-line managers—seeing
profits eaten away by extensive overtime
payments—frequently slash legiti-
42 |
Construction ExEcutivE June 2007
mate employee hours from timecards.
Companies must impress upon managers
that not paying employees for all time
worked is unacceptable and unlawful.
Payroll documents should be audited
occasionally to verify employees are being
paid for all time worked. It can be hard
to know on a day-to-day basis how many
hours a particular employee works, but a
quick review of timesheets can highlight
potential problems. For example, written
time entries changed on the sign-in/signout
sheets might indicate an overzealous
manager trying to cut costs by cutting
corners. Similarly, uniform time entries—
working every day from 9 a.m. to 5 p.m.
exactly—can indicate employee time is
not being entered accurately. Almost no
one starts and ends work at the same exact
time every day.
hire a laW firm tO cOnduct
a cOmPliance audit
Literally thousands of pages of employment-related
federal and state laws exist,
and many change on a routine basis. In
addition, federal and state courts routinely
change their interpretations of
well-established laws. During a lengthy
upswing in business, company policies
and practices often languish and are
not reviewed to determine whether they
uphold the law.
Most labor and employment law firms
offer compliance audits, which provide an
extensive review of a company’s policies
and practices to determine compliance
with applicable law. This is the equivalent
of a medical checkup. The audit may reveal
nothing is wrong, but it’s best to identify
a problem before complications arise. At
the very least, the money spent on an audit
will provide peace of mind. The fee pales
in comparison to the time, expense and
effort required to defend against a lawsuit
or administrative investigation.
The profits earned when business is
booming can be lost easily when personnel
matters are neglected. Following these
steps can significantly reduce the risk of
future loss.
Schneider is a partner in the New Orleans
office of Fisher & Phillips, LLP. For more
information, call (504) 529-3844 or email
sschneider@laborlawyers.com.

44 | Construction ExEcutivE June 2007
S

B y S t e v e S t o n e
Large
Long Bay Systems Enable
Open
pans
Metal buildings are a popular choice for many applica- manufacturing facilities where interior columns can interfere
tions, representing close to half the commercial and industrial with optimal use of the space.
low-rise, non-residential market. Available in a wide range of A Long Bay System, commonly called LBS, is a cold-formed
building types and roofing designs, metal buildings are cost open web purlin roof framing system that can span distances up
effective, faster to put up than conventional brick and mortar to 65 feet while maintaining the economy of a metal structure.
or wood structures, often consume less labor, and are easy to Installation of a Long Bay System requires less labor than a
insulate for maximum energy efficiency.
traditional bar joist framework.
A metal building with a cold-formed joist roof framing At the heart of the LBS purlin are factory-rolled cords and
system can be an ideal solution for applications that require webs of light-gauge steel formed into virtual square tubular
expansive areas of open floor space for maximized traffic flow, sections. These cords and web members are uniformly fac-
such as warehouses, distribution centers, big box retailers and tory-welded into open joist trusses in dimensions customized
June 2007 Construction ExEcutivE | 45
Nick DolDiNg/getty images

ceco BuilDiNg systems
o p E n S p a n S
for each project, and are ready for onsite
bolting rather than field welding. This
well-engineered design results in straight,
sturdy and lightweight members that have
a strong strength-to-weight ratio.
Long Bay Systems enable construction
crews to assemble entire bays—up to 50
feet by 50 feet—on the ground and then
use a crane to raise them into place, in one
piece, bay by bay. The systems offer versatility,
with minimum cost-effective bay
spacing of 30 feet and optimal bay/module
spacing of 50 feet by 50 feet.
The straight lines of the long bay members
are bolted and largely maintained with
just the right amount of give. Field-welded
bar joists, on the other hand, are heavier
and have a less sturdy lateral axis, which
can create problems holding module and
squareness when raised from the ground.
If the LBS modular sections are installed
in alternating bays, with adjacent bays initially
used as corridors for the crane, the
installation can proceed quickly.
This method of construction also is safer
for workers than standard systems using
conventional angle iron bar joists that must
be raised into place individually, temporarily
bolted for safety (as required by the Occupational
Safety and Health Administration
to prevent slipping or falling joists) and then
welded for permanent connection.
The more steel erection done on the
ground, the safer the work crew because
it is standing on a solid surface instead of
hanging in the air tied to fall protection
equipment. The firm footing and easy
access to the components allows construction
to speed along.
Because LBS lengths can extend up to
65 feet, far fewer frames are required than
46 | Construction ExEcutivE June 2007
for standard metal building construction.
Furthermore, the bridging is simpler,
adding to labor savings. Whereas a conventional
bar joist system requires 10 runs
of bridging in a 50-foot bay (five on the
bottom and five on the top), a Long Bay
System requires only four runs of bridging
on the bottom. This 60 percent reduction
in the number of runs saves substantially
on the labor costs charged by steel erectors,
who calculate prices based on lineal feet.
These factors combined significantly
reduce installation time and labor. Contractors
and owners in some geographic
areas of the United States may enjoy up to
20 percent savings compared to building
with conventional field-welded bar joists.
Design Flexibility
An LBS featuring purlins compatible with
multiple roof and wall systems gives designers
flexibility in architectural design. For
example, many different types of roofing
systems can be attached to the LBS joists,
including a mechanically seamed standingseam
roof; “B” deck for EPDM (Ethylene
Propylene Diene Monomer, a type of rubber);
single-ply; or built-up roofing.
Because LBS joists are made from lightgauge
cold-rolled steel, installers can use
self-drilling screws for installing the roof,
without requiring additional framing.
Some Long Bay Systems also accept a
variety of compatible wall systems, including
tilt-wall or precast concrete, EIFS (exterior
insulation and finish system) and curtainwall
assemblies, masonry, brick, and insulated
or single-skin metal panels, which are
less costly options than concrete. Framing
can be designed with or without sidewall
columns and optional lateral wall support.
Other streamlining advantages abound
as well. The LBS framework allows easy
installation of mechanical piping, electrical
conduit and other equipment hung from
the joists. For example, mechanics can
attach hangers for pipe and conduit runs
into the LBS members with self-tapping
screws, saving on the number of fastening
components required and the labor needed
to attach each one.
Long bay open web purlin systems can
be used in any area of the country because
the size and depth of the joists can be engineered
to the load and spacing necessary to
accommodate even extreme conditions.
For example, to accommodate snow
loads on a roof with a 65-foot span and
five feet between joists, the depth of the
LBS might be 44 inches. But for a roof in a
southern climate where it does not snow, a
50-foot span could feature a 20-inch depth.
In regions with a lot of snow, specifications
might call for 4-foot centers.
In general, metal buildings are easy
to insulate because the insulation can be
almost as thick as desired. Typically, the
thicker the insulation, the higher the R
value and the lower the resulting energy
costs. It is easy to insulate all the way up to
R 30 without any of the design problems
encountered in conventionally constructed
non-metal buildings.
A well-designed LBS that accepts
multiple wall and roofing systems enables
a structure to achieve an ideal balance
between alignment and functionality. With
the speed and efficiency of pre-engineered
steel buildings, erection cost savings, and
flexibility of roof and wall system designs,
the LBS can be a cost-effective way to create
wide open spaces and provide faster
occupancy for the owner.
Stone is the marketing and sales repre-
sentative for LBS at Ceco Building Sys-
tems, Columbus, Ohio. For more informa-
tion, call (662) 328-6722 or visit www.ceco
buildings.com.

[S p e c I A l S e c t I O n : S A F e t y]
OSHA Inspections
For Consideration in
2007
B y S t e v e B A r n e t t
48 |
Construction ExEcutivE June 2007
From October 2005 to September 2006, the federal Occupational
Safety and Health Administration (OSHA) issued 11,140 cita-
tions during 3,542 inspections of the construction industry
nationwide, resulting in more than $7.5 million in fines. In
this sample, the top five cited standards were scaffolding, fall
protection, ladders, stairways and safety and health programs.

In addition, OSHA’s new hexavalent
chromium standard, which went into effect
last year, will be a focus for OSHA in 2007
and may particularly impact the welding
segment of construction.
Also, each of OSHA’s 10 regions had
at least three Local Emphasis Programs
(LEPs) specific to the construction industry
in 2006.
Finally, Assistant Secretary of Labor
Edwin G. Foulke, Jr., has prioritized
OSHA’s set of cooperative programs, and
contractors may receive an invitation from
OSHA to participate.
Read on for a summary of OSHA
inspections and cooperative programs
that may affect construction operations
this year.
Scaffolding, fall Protection,
StairwayS and ladderS,
and Safety and HealtH ProgramS
Scaffolds—OSHA reports 72 percent of
scaffolding injuries were attributed to the
planking or support giving way, or to an
employee slipping or being struck by a
falling object.
Fall protection—In 2004, the Bureau of
Labor Statistics reported 36 percent of
construction fatalities resulted from falls.
Unstable working surfaces, misuse of fall
protection equipment and human error are
most often to blame for falls, and guardrails,
fall arrest systems, safety nets, covers
and travel restriction systems can prevent
these incidents.
Stairways and ladders—OSHA estimates
almost 25,000 injuries and as many as 36
fatalities per year are due to falls from
stairways and ladders used in construction.
OSHA requirements for both stairways
and ladders are very specific, including
dimensions to the inch of risers, treads,
railings, rungs, cleats and steps.
Safety and health programs—The fifth
most cited violation in the construction
industry from October 2005 to September
2006 was 29 CFR 1926.20, which requires
employers under federal or federally
assisted contracts to initiate and maintain
safety and health programs that provide
frequent and regular inspections.
Rounding out the top 10 OSHA citations
in the construction industry for this
period were electrical wiring design and
methods, head protection, hazard communication,
asbestos, and trenching and
excavations.
new Hexavalent cHromium Standard
The new hexavalent chromium standard
for welding and cutting lowered the Permissible
Exposure Limit (PEL) approximately
ten-fold, from 52 micrograms per
cubic meter to 5 micrograms per cubic
meter with an action level of 2.5. The standard
requires air monitoring, training and
medical surveillance, among other things.
(Workers exposed less than 30 days per
year are exempt from medical surveillance
requirements but not from other requirements
of the standard.)
Airborne concentrations during welding
and cutting of mild steel (chromium
content of less than 1 percent) have been
reported in the range of the new action
level and PEL. Tool steel or recycled steel
made in mini-mills may have a chromium
content of 3 percent to 4 percent, and
stainless steel has a minimum chromium
content of 12 percent. Employers of workers
engaged in welding and steel cutting
should evaluate their procedures in light
of the new standard.
local emPHaSiS ProgramS
LEPs may be implemented by a single
area office or by a regional office. As of
Jan. 8, each OSHA region had at least
three separate LEPs for the construction
industry. The most frequent examples are
construction fall hazards, residential construction,
concrete and concrete products,
silica, and roadway workzone safety and
health. Expect increased programmed
inspections accompanied by outreach in
these areas.
cooPerative ProgramS
Foulke has prioritized OSHA’s cooperative
programs, including consultation services,
the Voluntary Protection Program
(VPP), the Strategic Partnership Program,
the Alliance Program and other OSHA
training, education and outreach programs,
particularly those directed at small
and medium-sized businesses.
Consultation assistance is available on
request and is provided at no cost to the
employer. If the employer fails to correctly
identify hazards within an agreed-upon
time, the issue will be referred to OSHA
June 2007 Construction ExEcutivE | 49

[S p e c I A l S e c t I O n : S A F e t y]
enforcement. Participating employers may
obtain an exemption from programmed
inspections (not complaint or accident
investigation inspections) for a period of
one year.
VPP is OSHA’s most comprehensive
cooperative program. Acceptance into
VPP requires application review, onsite
evaluation by OSHA and the employer’s
ongoing achievement of performancebased
goals, such as injury and illness
rates. Participants are exempt from programmed
enforcement inspections but
remain subject to inspections of complaints
or referrals, including referrals
from the onsite VPP team. Participants
will not be cited for violations that are
promptly corrected.
The Strategic Partnership Program is
the newest member of OSHA’s cooperative
programs. Whereas OSHA’s
Consultation Program and VPP entail
one-on-one relationships between
OSHA and individual worksites, strategic
partnerships involve groups of
employers and employees, as is the case
for multi-employer construction sites.
50 | Construction ExEcutivE June 2007
Assistant Secretary of labor edwin
G. Foulke, Jr., has prioritized OSHA’s
set of cooperative programs, and
contractors may receive an invitation
from OSHA to participate.
Benefits include reductions in penalties
for violations, deferral from programmed
inspection lists and deletion of other
worksites from programmed inspection
lists following an appropriate number of
onsite enforcement inspections to verify
requirements.
The Alliance Program is open to trade
or professional organizations, businesses,
labor organizations, educational institutions
and government agencies. Few formal
program requirements exist for alliances,
and the agreements do not include
an enforcement component. OSHA offers
a variety of information services, such as
compliance assistance, technical advice,
publications, audiovisual aids and speakers
for special engagements. OSHA has
a variety of materials and tools available
at www.osha.gov, including e-Tools that
help an employer identify requirements
and create written programs and other
required documents.
Barnett is an attorney with Connell Foley
LLP, Roseland, N.J. For more information,
call (973) 535-0500 or email sbarnett@
connellfoley.com.

[S p e C i a l S e C t i o n : S a f e t y]
Keep Safety
In Mind from
The Start
52 | Construction ExEcutivE June 2007
B y J e r o m e S p e a r
ontractors often are hired for the technical competency and
skill required to construct a project conceptualized by the owner
and designed by the architect/engineer. Because the construc-
tion project occurs on the owner’s site, the owner potentially is
exposed to additional liabilities, such as Occupational Safety
and Health Administration (OSHA) fines and tort liability.
The question of liability is complex.
Some case law gives owners an incentive
to keep contractors at arm’s length, while
other case law requires owner involvement
that gives rise to additional liability. As a
result, preventing an injury may be the
best way to prevent a lawsuit.
Contractor safety, health and environmental
performance can be improved by
integrating Environmental Health and
Safety (EHS) activities and considerations
into the contracting process, which includes
prequalification and contractor selection,
designing and planning, work-in-progress
assessment and verification and post-
construction performance evaluation.
Prequalification and
contractor Selection
A formal prequalification process is an
important initial step in establishing an
effective contractor EHS program. The
prospective contractor typically provides
the owner with a completed prequalification
questionnaire (PQQ) and supporting
documents and programs. The PQQ iden-
tifies those contracting organizations with
effective safety management systems and
proactive cultures. The completed PQQ
should be evaluated by a review panel
comprising a variety of experts from various
departments in the company. Owners
should consider the following areas of
expertise:
• Safety, health and environmental—Look
at culture, safety systems, regulatory
compliance and safety performance.
• Technical issues—Review organizational
structure, discipline/trade skills and experience
with similar contracts.
• Quality—Evaluate the ability of the
contracting organization to ensure the
integrity and quality of the service.
• Finances—Ensure resources are available
to meet the demands, performance standards
and costs.
Prequalification criteria
The effectiveness of the contractor’s risk
reduction practices should be the basis for
contractor safety prequalification criteria.
Commonly used criteria include:
• Experience Modification Rate (EMR):
The firm’s EMR, calculated by the
insurance industry, is a benchmark
comparing a firm’s loss experience to
the loss experience of all other similar
businesses during a three-year period.
Owners with a formal contractor EHS
program commonly require contractors
to have an EMR of one or lower. The
insurance carrier may use the EMR as
a multiplier to the firm’s workers’ compensation
premium.
• Injury frequency and severity rates:
Specific target injury rates typically are
company-specific and often are revised
(i.e., lowered) periodically by the owner
based on the owner’s contractor safety
goals.
• EHS program evaluations: EHS pro-

ConSidering eHS iSSueS wHile deSigning and
planning a proJeCt Could Have a dramatiC
impaCt on ConStruCtion-related inJurieS.
gram evaluations are time consuming
and more subjective than reviewing
injury statistics, but the evaluators
should base judgment on the presence
or absence of specific EHS management
system elements.
• Integration of EHS on current projects:
The most effective means of evaluating
a contractor’s EHS capabilities is to visit
a jobsite. The prospective contractor also
should be interviewed to assess corporate
safety culture, EHS knowledge, management
skills and philosophy.
• OSHA and Environmental Protection
Agency citation history: A contractor
subject to regular scrutiny by OSHA
should be avoided, as it could increase
the likelihood of OSHA inspections
performed at the owner’s site. OSHA
inspection records are public and can
be obtained by conducting a company
search on the OSHA inspection database
(www.osha.gov/cgi-bin/est/est1).
• References from previous customers: The
owner should talk with previous customers
and determine their satisfaction with
the contractor’s EHS performance.
eHS contract requirementS
Prudent contractors usually include in
their bids the cost of supplying safety
equipment and employee training. Consequently,
their bids may be higher, causing
owners to seek other bids. In other
words, some effective EHS programs go
unrewarded. Owners can change this by
making EHS considerations an integral
part of project management.
Many owners have well-written contractor
EHS programs, and incorporating
these standards as specific contract
requirements should be considered. The
more specific the requirements stated in
the contract, the greater ability the owner
has to ensure work is conducted in a safe
manner.
EHS requirements also should be objectively
stated to avoid ambiguity and interpretation
issues. The project team should
work with legal and contract specialists to
formulate project safety specifications.
Although EHS contract specifications
vary from company to company, and often
from project to project, the following topics
should be considered when developing
EHS requirements:
• name the person responsible for overseeing
contractors’ performances and ensuring
the work is performed in a safe manner;
• require all contractors to prepare and
submit an acceptable EHS plan that
defines supervisory and employee safety
training prior to the start of work;
• list specific published EHS standards
and hazard prevention requirements;
• list special requirements for unique hazards
not adequately defined in the published
EHS standards; and
• list qualifying requirements to ensure
bidders are restricted to contractors with
competent EHS performance records
that include assessments of the contractors’
current EHS capabilities.
deSigning and Planning for Safety
Considering EHS issues while designing
and planning a project could have a dramatic
impact on construction-related injuries.
EHS considerations not addressed
during the initial design phase often cost
significantly more to retrofit or otherwise
correct during the construction phase or
after the project is completed.
The owner’s project team should use
an industrial hygienist or safety engineer
to analyze conceptual project designs and
predict potential hazards. This assessment
allows the project team to eliminate hazards
early on or provide engineering solutions
to efficiently control them during
the construction phase. Solutions could
include specifying temporary decking to
be installed as soon as possible to prevent
falls, relocating utilities, or designing permanent
stairways and walkways to minimize
the use of temporary scaffolding.
June 2007 Construction ExEcutivE | 53

[S p e C i a l S e C t i o n : S a f e t y]
Work-in-ProgreSS aSSeSSment
and Verification
A monitoring program typically includes
EHS performance reporting, inspections
by owners and contractors, and incident
reporting. Owners often require contractors
to submit periodic (at least monthly)
reports to track EHS performance. Consideration
should be given to measure
and track both results-based metrics,
such as injuries and incidents, and activity-based
metrics, such as inspections,
audits, job safety analyses, toolbox safety
meetings, number of corrective actions
from audits, and behavior observation
and feedback.
Once the contractor is onsite, the owner
periodically should monitor work practices
and compliance with EHS requirements. If
improper practices are observed, the owner
must take action to ensure the responsible
contractor corrects the situation. From a
legal perspective, the owner is exercising
reasonable diligence.
The frequency of monitoring should
depend on the level of risk. Contractors
should conduct internal EHS inspections
according to their procedures. These selfinspection
reports may be submitted to
54 | Construction ExEcutivE June 2007
the owner or made available on request.
A formal system should be established to
review the audit findings with the contractor
to determine corrective actions,
persons responsible for implementing the
corrective action and due dates to ensure
the deficiencies are corrected in a timely
manner.
PoSt-conStruction
Performance eValuation
Owners should conduct a post-construction
evaluation of the contractor’s performance
that incorporates data from the
contractor’s monthly reports, audit findings
and observations. This comprehensive
report can be used to build a database of
contractors for future projects.
In addition, owner and contractor management
teams should complete contract
closeout reports that detail the positive
and negative aspects of the contract and
make recommendations for similar contracts
in the future. If the contractor does
not meet the owner’s expectations and
requirements, a meeting may provide the
contractor an opportunity to discuss the
issues and develop a corrective action plan.
In some cases, the owner may determine
the contractor should be removed from the
approved contractor list.
Successful contracting management
requires the involvement of owner and
contractor representatives. The key to
improving EHS performance is establishing
formal prequalification and contractor
selection criteria and incorporating EHS
requirements into the contract. Because
designing and planning with construction
safety in mind provides the greatest opportunity
to minimize incidents in the field,
formal EHS reviews should be performed
during the designing and planning phases
of the project.
Finally, the contractor’s performance
should be evaluated both during and
upon completion of the project to not
only provide feedback for performance
improvement, but also to determine if the
contractor should be considered for future
projects.
Spear is a member of the American
Industrial Hygiene Association’s Construc-
tion Committee and owner of J.E. Spear
Consulting LLC, Magnolia, Texas. For more
information, call (281) 252-0005 or email
jerome.spear@jespear.com.

[S p e c i a l S e c t i o n : S a f e t y]
OSHA Inspections and Salts:
Minimizing Disruption
nion organizers known as salts who are planted on the payroll
of targeted open shop employers sometimes use jobsite safety
complaints to provoke employers to violate the law. The chal-
lenge for employers is to minimize the salt’s disruption of busi-
ness without violating the law.
The Occupational Safety and Health
Administration (OSHA) prohibits
employers from discriminating against
employees for filing a complaint under
OSHA or any other federal, state or local
law or regulation governing safety and
health in the workplace. It also prohibits
discrimination against employees for lodging
complaints about occupational safety
and health matters with their employer.
The employee need not directly file the
complaint; merely setting into motion
activities that result in the filing of a complaint
is sufficient for the employee to be
protected by OSHA.
OSHA also protects employees who
have testified or are about to testify in
a proceeding regarding an occupational
health and safety complaint. This protection
56 | Construction ExEcutivE June 2007
B y J i m p e a S e
extends to employees who make statements
during inspections, investigations or other
administrative or judicial proceedings.
There also is a general prohibition
against discriminating against an employee
for exercising any right afforded to the
employee by OSHA. For example, the
Occupational Safety and Health Act gives
employees the right to request information
from OSHA, be interviewed by OSHA
representatives, talk to a reporter about
workplace safety conditions, cooperate
with a government investigation and participate
in enforcement proceedings.
This protection applies even if additional,
lawful reasons exist for taking
adverse action against an employee. If the
protected reason is a “substantial reason” for
the adverse action, or if the adverse action
would not have been taken “but for” the
protected activity, the adverse action will be
considered unlawful discrimination.
The employee also may be protected by
state or local law. In addition, some states
provide common law causes of action that
protect employees from retaliation. And,
employees may have state statutory claims
for wrongful discharge.
The National Labor Relations Act
(NLRA) also may protect employees who
submit safety complaints. The NLRA
protects the right of all employees to
engage in concerted activities for their
mutual aid and protection. That right
protects activity related to workplace
safety complaints, as long as the activity
is “concerted.”
Concerted activity occurs when individual
employees unite in pursuit of a
common goal, and it involves activity
engaged in with, or on the authority of,
other employees, and not solely by and on
behalf of the employee.
Individual activity may be concerted if
it involves:

• invocating rights provided by a collective
bargaining agreement even though
the employee may not mention that
agreement;
• distributing a union newsletter;
• carrying through on something previously
discussed by a group of employees;
• acting formally or informally on behalf
of a group; or
• initiating, inducing or preparing for
group action even where the individual
is unable to sway the group.
Even though an employee appears to be
engaging in individual activity and makes
no statement that he is acting on behalf
of others, the surrounding circumstances
may inform an employer that activity is
concerted.
The protection provided by the NLRA
is quite similar to that provided by OSHA.
In addition, the NLRA provides employees
with a separate, independent forum—the
National Labor Relations Board—before
which employees may seek relief.
The Power of The oShA
ComPliAnCe offiCer
The following is an example of a salt
situation:
“S” is working for an open shop contractor
on a construction jobsite covered
by OSHA. S complains to OSHA about
unsafe conditions on the jobsite. When the
OSHA inspector arrives in response to that
complaint, S demands to accompany the
inspector on the walkaround. The contractor
does not have a safety committee. What
should the employer representative do?
Whether S has a right to insist on
participating in the opening conference,
the walkaround or the closing conference
of an inspection depends on the OSHA
provisions. OSHA does not expressly give
employees who file a safety complaint the
right to participate in the inspection. But,
OSHA does say that if an employer’s
workers are represented by a union, then
a union-designated representative of the
employees has a right to participate. Or, if
an open shop employer has a safety committee
to which employees select a representative,
an employee representative has
a right to participate.
Because S’s employer is not unionized
and does not have a safety committee, S
has no express right to participate in the
inspection. However, that isn’t the end of
the inquiry.
employerS
win when they
demonStrate
knowledge of
the law, remain
Under control
and refUSe to
Be tricked into
making miStakeS
that make their
companieS
vUlneraBle.
OSHA gives its inspectors, known
as compliance officers, broad authority
to communicate with employees. When
there is no designated employee representative,
the compliance officer is given general
discretion to consult with a reasonable
number of employees during the course
of the inspection. The statute also gives
employees the right to notify the compliance
officer of any OSHA violations during
the inspection.
In addition, the compliance officer has
the authority to permit employee representatives,
in addition to those specifically
authorized by OSHA, to participate
in the walkaround if the compliance officer
believes they will aid the inspection.
If any dispute arises regarding who is an
authorized representative, the compliance
officer has the right to resolve that dispute.
Therefore, OSHA gives the compliance
officer the authority to decide
whether S will be permitted to participate
in the inspection.
If the compliance officer permits S to
participate, S will be protected by OSHA’s
anti-retaliation provisions. And, in view of
the sweeping provisions prohibiting retaliation
against an employee for exercising
rights that are expressed or implied by
OSHA, S’s request to participate in the
inspection will be considered a protected
act even if the compliance officer rejects
the request.
The employer representative may question
S’s participation in the inspection
because OSHA only authorizes collective
bargaining and safety committee employee
representatives to participate, and S
doesn’t fall into either of those categories.
However, in raising such questions, the
employer representative must be careful
not to appear to be retaliating against S for
filing a complaint or asking to participate
in the inspection, or to be trying to cover
up an OSHA violation.
The employer representative also must
be careful not to express or imply animosity
toward a union or toward S. If possible,
when talking to S and to the compliance
officer about the employer’s concerns
about S’s participation in the inspection,
the employer representative should have a
witness present who would be competent
to testify in the event of a dispute about
the employer representative’s response to
S’s request.
The employer representative may
express objective, verifiable reasons that
S would interfere with a fair and orderly
inspection. These include concerns that
S would disrupt the compliance officer’s
attempts to have private conversations
with employees, or that his presence would
discourage employees from being open and
candid with the compliance officer. But
the employer representative should make
it clear he isn’t trying to interfere with the
inspection or prevent the compliance officer
from talking to, or receiving complaints
from, any employee, including S.
If the compliance officer doesn’t permit
S to participate in the inspection, the
employer may not retaliate and should
direct S to return to work.
DeAling wiTh refuSAl
To reTurn To work
If S refuses to return to work, it must be
determined if he is on strike, which may be
a protected activity. Even if S acknowledges
he is not on strike and is not withholding
his services to protest his treatment by the
employer, should S be disciplined?
Employers should recognize that
any disciplinary action taken against an
employee who filed a safety complaint will
be considered highly suspect by OSHA and
the NLRA. Only an employer with an ironclad
case against such an employee should
even consider imposing discipline. This is
particularly true in the case of salts like S
because it is likely S’s primary purpose is to
provoke the employer to do something that
can be shown as unlawful.
The issue for the employer is whether
the failure to discipline S will damage or
undermine its ability to manage employees.
June 2007 Construction ExEcutivE | 57

[S p e c i a l S e c t i o n : S a f e t y]
Is disciplining S worth the risk and expense
of litigation?
OSHA regulations make it clear that
employees who exercise their rights under
the act are not protected if they engage in
unprotected activity. However, if an employee
has engaged in protected activity, the burden
is on the employer to prove protected activity
wasn’t part of the reason for the disciplinary
action. It is apparent from case law that the
only way an employer will have a chance of
proving it acted lawfully in disciplining S is
if the employer can effectively show, based
on prior discipline of other employees, that
it would have disciplined S even if S wasn’t
a union organizer and even if S hadn’t exercised
rights under OSHA.
In the absence of a solid case, it’s probably
wise not to discipline S. If it is contended
that the employer discriminated
against an employee, the outcome of the
case will depend on which witnesses the
administrative judge believes. The outcome
of the litigation is uncertain and can
involve substantial back pay obligations for
the employer.
If the employer decides not to discipline
S and he continues to refuse to return to
work, the employer representative may
58 | Construction ExEcutivE June 2007
inform him that he won’t be paid for the
time he does not work.
If the employer can show a legitimate
business reason and an absence of discriminatory
motivation, the employer may tell
S to leave the jobsite if he isn’t willing to
return to work. Make it clear that S may
remain in the vicinity of the project (outside
the working area) to be available for
communication with the compliance officer.
This confirms that the purpose for the
employer’s action is not to interfere with
S’s communication with the officer.
An employer has a legitimate basis for
disciplining S (for refusing to comply with
an order to return to work or for engaging
in other unprotected activity) provided
several conditions are met:
• the compliance officer doesn’t reconsider
the denial of S’s right to participate in
the inspection;
• S acknowledges he is not going on strike
or withholding his services to protest his
treatment by the employer;
• no representative of the employer has
engaged in any conduct that could be
used to show the employer has animosity
toward the union or S;
• the employer representative follows all of
the employer’s disciplinary procedures,
including provisions in an applicable
employee handbook or project rules;
• the employer explains to S that he is
engaging in unprotected conduct that
could subject him to discipline including
discharge, and gives S another chance to
comply with the employer representative’s
direction to return to work; and
• the employer can prove it has disciplined
employees in the past for similar misconduct,
and the level of discipline was
at least as great as the discipline imposed
on S.
Salts win when they cause an employer
to discipline them without a valid basis.
Employers win when they demonstrate
knowledge of the law, remain under control
and refuse to be tricked into making mistakes
that make their companies vulnerable.
Pease is a partner with Melli, Walker,
Pease & Ruhly, S.C., Madison, Wis. For
more information, call (608) 257-4812 or
visit www.melliwalker.com.
For a list of regulations, visit www.
osha.gov/comp-links.html.

R i s k M a n a g e M e n t
b y R o n e b e R t
Construction executives who
buy construction risk policies and simply
allow the insurance carrier to “handle
the rest” should consider becoming more
involved in their overall risk management
strategy.
While insurance policies always will play
a major role in the overall risk management
programs of construction executives, consider
these 10 steps to mitigate risk, reduce
costs and increase the bottom line:
1. Evaluate and analyze existing risk
management programs. Assess where the
company now falls in the following areas:
• safety and loss prevention;
• claims monitoring and
review;
• contractual risk transfer;
and
• marketing of policies.
2. Work closely with a risk
management professional
or broker to establish the
company’s criteria and
goals. Implement best practices
and consider what other
similar companies have done
successfully with their risk
management programs.
3. Establish across-the-board benchmarks,
working with a risk management
professional in the areas of safety and loss
control. Conduct toolbox talks at jobsites
on a different safety issue each week, and
implement incentive programs for operating
safely.
Make safety a part of the company’s
culture and let employees know their wellbeing
is of utmost importance.
4. Recognize the impact of indirect costs.
Think of the iceberg analogy: The layer
below the water—the indirect costs of a
60 | Construction ExEcutivE June 2007
Ten Steps to Reducing
The Cost of Risk
claim to the company—can wind up costing
up to three times what was paid out by
the insurance carrier. These indirect costs
can include downtime on the job after an
injury, staff time spent dealing with an
injured employee and a claims adjuster,
and insurance premium increases as a
result of the claim.
5. Have plans in place for injured workers.
Establish return-to-work programs
and develop relationships with competent
medical providers.
6. Perform a thorough review of contracts
and policies. Do
they meet the company’s
needs and contractual
obligations? Make sure
exclusions are not in place
that leave the company
exposed. Know the risk
involved when signing
a contract. Owners and
general contractors are
not the only ones trying
to push away risk; insurance
carriers are becoming
more conservative
with the coverages they
offer as well.
Protect the
company’s risk
management
program as
if it were
an asset.
7. Be mindful that everyone involved
in a project attempts to push away risk.
The general contractor tries to push it in
the direction of the subcontractor, and the
subcontractor pushes it back at the general
contractor or toward its subcontractors.
8. Develop an effective claims management
program. Work with the broker’s
claims department to monitor and manage
all open claims for each line of insurance.
Conduct review meetings at least
quarterly to discuss the status of open
claims, the carriers’ reserves and prevention
techniques.
9. Select a broker specializing in construction
insurance. Find a construction
risk management professional who has the
following client advocates (independent
from the insurance carrier) on its team:
• risk control consultant;
• claims department; and
• nurse case manager for workers’ compensation
claims.
Carriers are more willing to work with
a broker who can offer these services to
clients because it helps reduce losses for
all parties involved.
10. Market the program carefully. Protect
the company’s risk management program
as if it were an asset. Remember, a
contractor cannot control the insurance
marketplace, but it can control how the
company is treated in it. Go to the marketplace
with a disciplined approach and
do not go every year. Insurance carriers
become weary of a company they see
quoting each year and may offer an ordinary
quote, or none at all.
Work closely with a broker to identify
what carriers are a good fit and then work
professionally with those carriers. With the
industry seeing a “soft” insurance market,
contractors may have an advantage when
the risk management professional is obtaining
coverage and pricing from a carrier.
The job of an insurance broker is to
make a contractor as competitive as possible
on bid day. These 10 steps will help
construction executives get there.
Ebert is a vice president in the construction
division of Exton, Pa.-based EHD, a partner
of Assurex Global. For more information, call
(610) 280-0410 or email rjebert@ehd-ins.com.

w o r k f o r c e d e v e l o p m e n t
b y n o e l s . w h e e l e r
Unexpected project delays
like late deliveries, permit applications,
zoning changes, extreme weather conditions
and crew absences create a domino
effect that put a strain on manpower
resources and create larger gaps between
projects or sudden increases in workload.
Regardless of a workforce situation,
owners still expect jobs to be done on time
and on budget. Contractors constantly
perform a balancing act to get back on
track during the busy times and maintain
cash flow during the down times, often
conceding to more out-of-pocket costs
and lower profits.
Here are seven ways partnering with
a specialty staffing company can result
in more time, more projects and more
money.
62 | Construction ExEcutivE June 2007
Increasing Profitability
With a Skilled
Trades Staffing Company
1. Reduce time and incRease
the RetuRn on investment
By the time a contractor decides to hire
more people, chances are its projects are
already behind schedule. The time required
to decide on a recruitment plan, advertise,
interview, assess skills, select a candidate
and make the hire can cause a project to
fall further behind. A skilled trades staffing
company can replace weeks of time spent
on advertising, recruiting, interviewing,
reference-checking and skill-assessing.
2. Reduce the inheRent Risk in hiRing
Many contractors do not have clear qualification
and hiring standards. The “I know
’em when I see ’em” or “wait until we get
him on the job to see if he’s any good”
approaches will cost money in the long run
and may prevent the company from getting
the best person for the job.
Specialty staffing companies know how
to effectively evaluate skills and work history
to find the right tradespeople. They
also can help a contractor navigate employment
law guidelines and lift the human
resources responsibility, liability and risk
from a contractor’s shoulders.
3. cRew Retention incentives
Because tradespeople are employed by
staffing companies, a contractor does not
have to worry about hiring incentives,
benefits packages, bonus metrics or retention
programs, allowing more time to find
projects and run the business.
4. Flexibility
A crew cannot be in two places at one time.
A skilled trades staffing company can help
handle unexpected manpower shortages or
increases in workload as needs arise.

w o r k f o r c e d e v e l o p m e n t
During slow times, many contractors
struggle with the decision to either maintain
the extra manpower costs to keep their
crew or perform layoffs that may leave the
company short when the busy season starts
again. More flexibility in staffing makes
this decision unnecessary.
5. building cRews
Some contractors take the flexibility
advantage a step further with a core
employee approach. Contractors can use a
specialty staffing company to build larger
crews around a few trusted core employees,
without the extra administrative costs of
hiring additional employees. A no-hassle
expansion of the crew helps a contractor
meet critical deadlines or take on more
projects, bringing in more profits. Promoting
key personnel to crew leaders also
helps grow the business structure.
6. Planned staFFing
Contractors plan deliveries of supplies and
future equipment purchases for their projects,
so why not also plan for workforce
needs? Preparing manpower needs with a
64 | Construction ExEcutivE June 2007
staffing company ensures recruitment of
the specific tradespeople when needed to
get the job done right and on time.
7. exPanding business
A contractor can diversify construction
services with help from a staffing company
that hires all types of tradespeople.
For example, staffing companies can
help commercial contractors expand their
portfolio to the residential or remodeling
sectors without the added hiring and
training costs associated with building new
expertise.
choose a staFFing FiRm
Take time to research and grade different
staffing firms on their skills, performance
and knowledge of the construction
industry. Ask for references or visit
jobsites to evaluate the workmanship of
the tradespeople.
Consider the following when evaluating
a specialty staffing firm:
• What is the background of the agency’s
staff? Do they know and understand the
industry?
• How does the agency screen and select
trade employees? What skill tests and
standards are used?
• What kind of safety or insurance program
does the agency have? What is its
workers’ compensation mod rating?
• What kind of service will the agency
deliver? Does it promptly return phone
calls? Is there a satisfaction guarantee?
Consider the hard costs of recruiting,
advertising, interviewing, hiring, payroll
processing, workers’ compensation and
unemployment insurance associated with
hiring a crew. Also consider the soft costs:
downtime on the job, project delays, skills
assessment, staff turnover and lost opportunities.
The combined cost is substantial.
Removing “managing people” from a
contractor’s job description leaves more
resources to focus on winning projects,
increasing profitability and growing the
business.
Wheeler is president and CEO of CLP
Resources, Inc. For more information, call
(800) 225-5257 or visit www.clp.com.

around the
natıon By Lauren Pinch
Maine
Study Draws Attention
To Independent Contractor
Classification
As many as 11 percent of the state’s construction
workers are misclassified as independent
contractors, according to a report
published by the University of Maine’s
Bureau of Labor Education (BLE).
The report draws on studies independently
conducted by Harvard University,
the University of Massachusetts at Boston,
the U.S. Department of Labor and the
Maine Department of Labor (DOL).
The report found one out of seven con-
66 | Construction ExEcutivE June 2007
struction employers misclassified workers
between 1999 and 2002, and each of these
firms misclassified an average of 45 percent
of their employees.
Because independent contractors are
considered self-employed, a firm is not
required to pay their health insurance,
taxes or workers’ compensation.
The practice, according to BLE,
results in lost benefits, lost bids for
employers that properly classify their
employees and lost revenue for the state
and federal governments.
For example, the Maine DOL found
that in 2005 the state lost nearly $60,000
in underreported unemployment taxes for
970 misclassified construction employees.
Some groups, including Associated
Builders and Contractors’ Maine Chapter,
dispute the study because it assumes
that employers, not employees, are entirely
responsible for the misclassification, when
in fact many independent contractors prefer
to remain self-employed.
Missouri
Governor Restricts PLAs
On State-Funded Projects
On April 11, Missouri Gov. Matt Blunt
(R) signed the Fairness in Public Construction
Act (S.B. 339), a measure that
prohibits the state from requiring bidders
on public construction projects to enter
into agreements with labor organizations
when the project receives more than half
of its funding from the state.
In a vote of 145-7, the Missouri House
of Representatives approved the legislation
on March 14; the Missouri Senate
approved the bill 33-0 in February.
Even when a project receives less
than half of its funding from the state,
public entities will be required to complete
a public hearing and appeals process
when seeking a union-only project
labor agreement.
The measure also works to curtail the
collection of job-targeting funds on public
construction projects, a practice in which
funds are collected from union employees
on prevailing wage projects for the purpose
of reimbursing or rewarding contractors
that use union labor. Specifically, S.B. 339
“bars contractors and subcontractors from
receiving subsidies, supplements or rebates
if the practice reduces the wage rates paid
by the employer on a given occupational
title below the prevailing wage rate.”
Merit shop contractors and Associated
Builders and Contractors’ Heart of
America Chapter strongly supported the
legislation, working to secure approval for
similar measures in both 2005 and 2006.
The law will take effect in August.
West Virginia
State Passes Legislation
Affecting Construction
Employers
Three new bills affecting the construction
industry, signed April 3 by Gov. Joe
Construction Executive Wants Your News!
If you would like to share company news of national interest,
send your information to:
Lauren Pinch, assistant editor
Construction Executive, 4250 North Fairfax Drive, 9th Floor,
Arlington, Va. 22203, or email pinch@abc.org.

Manchin (D), take effect this
month.
S.B. 70 penalizes employers
that knowingly hire undocumented
workers, with fines
ranging from $1,000 to $10,000,
possible criminal penalties and
possible loss of business license.
The legislation also gives labor
commissioners the authority to
perform inspections of a construction
firm’s employment
documents.
Under H.B. 2945, firms that
employ construction apprentices
will receive a state tax credit of
$1 an hour, with a maximum of
1,000 hours allowed for credit
each year. With approximately
1,800 construction apprentices
in the state, the value of the tax
credit is estimated at $1.8 million
a year.
S.B. 416 establishes fines
and misdemeanor offenses
for any employer or employee
who attempts to alter a drug or
alcohol screening test.
AMEC Receives SBA’s Eisenhower Award
KUDOS
International engineering and project management firm AMEC won
the 2007 Dwight D. Eisenhower Award for Excellence in the construction category from the U.S.
Small Business Administration (SBA). The award was presented to AMEC’s Earth & Environmental
Division in Washington, D.C., on April 23, during Small Business Week. The national award, named
for the president under whose administration the SBA was founded, honors large federal prime
contractors that have excelled in working with small businesses as suppliers and subcontractors.
Only one contractor is chosen for the award in each of five categories (construction, research and
development, manufacturing, services and utilities) from a pool of 2,500 eligible large contractors.
AMEC’s Earth & Environmental Division provides environmental, engineer-design and construction
management services at U.S. military installations, with projects ranging from airfield hangars
and runways to military barracks.
Suffolk Construction Company Named ‘Business of the Year’
Suffolk Construction Company was named “Business of the Year” in South Florida by the South
Florida Business Journal for construction and engineering firms with revenues exceeding $25 million.
A panel of judges selected Suffolk Construction based on the company’s revenue growth, job
creation, commitment to employees and community involvement.
Suffolk Construction has more than 250 employees who, in 2006, helped the company increase
net profits by 15 percent on almost $350 million in gross revenue. The company prides itself on
employee training. Suffolk’s senior managers teach 90 percent of all classes and attend a “train the
trainer” course, and the company provides a two-year training program for managers. All employees
are eligible for employee referral, job performance and discretionary bonuses. Suffolk also
places a high priority on civic involvement.
Its project portfolio includes educational, retail, residential, health care, commercial, biomedical
and public work.
June 2007 Construction ExEcutivE | 67

product
gallery
Norcross Safety
Products’ Knee Boot
The new Servus CT Knee Boot from
Norcross Safety Products provides
enhanced fit and comfort by conforming
more precisely to the shape of the
foot, especially across the instep and
around the heel. Available in steel toe
and plain toe models, the seamless,
waterproof boot comes in graduated
heights so the height of the boot is
appropriate to the size of the foot. It also features
a scalloped top that is higher in the front and lower in the back, helping
reduce worker fatigue and irritation at the back of the leg.
A Foot Form insole offers added support and cushion, and the indoor/outdoor
outsole provides a stable base for walking and standing.
The ergonomic frame design increases lateral stability, while the interior
lugs provide traction and durability. For more information, call (800)
777-9021 or visit www.nspusa.com.
Gateway Safety’s Serpent Helmet
The new Serpent ventilated safety helmet from Gateway Safety, Inc.
helps keep workers cool while protecting them from harsh environments.
Featuring the CoolSense Air Flow System, the helmet has six strategically
designed vents along the peak of the head that allow heat to
escape. Additional comfort features include a soft, six-point nylon
suspension for impact absorption and a cushioned brow pad
for absorbing moisture. Available in 10 colors, the helmet is
manufactured from a high-density polyethylene material and
weighs about 13 ounces. For more information, call (800)
822-5347 or visit www.gatewaysafety.com.
68 |
Construction ExEcutivE June 2007
Guardair’s Safety Air Guns
Guardair Corporation’s new Lazer 600 series of Safety Air Guns
feature a unique comfort-grip design that reduces operator
fatigue. The curved, over-molded actuating
lever with non-slip surface disperses force and
reduces pressure points on the hand. The guns
also have an integrated hanging hook convenient
for storage and retrieval. Useful in all types of industrial
cleaning applications, the new air guns meet the Occupational
Safety and Health Administration’s 1910.242(b)
standard regarding output pressure. For more information,
visit www.guardaircorp.com.
Willson Safety Products’
Safety Eyewear
Willson Safety Products offers two
new lens tints for its recently released
A800 Series of safety eyewear. With a
scratch-resistant coating,
the lenses offer highimpact
protection. In
addition, the lightweight
eyewear features a nonslip
nosepiece and built-in
flex along the temple for
increased tension control.
The yellow color of the amber lens lowers the haze associated
with blue light, enabling clearer vision when used in gray conditions,
such as working outdoors at dusk or in fog. The new blue mirror tint is
recommended for outdoor construction, landscaping and utility work.
It reduces eyestrain and fatigue associated with sunlight and glare,
and absorbs 99.9 percent of UVA and UVB radiation while allowing 15
percent of available light to pass through. For more information, call
(800) 682-0839 or visit www.willsonsafety.com.
Kimberly-Clark
Professional’s Latex
Coated Gloves
Geared toward industrial workers,
the new Kleenguard G40 Latex
Coated Gloves from Kimberly-
Clark Professional have a high
tear rating and are manufactured to
reduce latex proteins. The gloves use
a latex coating over a comfortable
poly-cotton liner to provide enhanced
dexterity and grip, as well as hand
protection. For more information, visit
www.kcprofes- sional.com.

[S a f e t y & W e l l - b e i n g]
The Bilco Company’s Hatch Railing System
The new BIL-Guard Hatch Railing System from The Bilco Company provides permanent fall
protection for hatch openings. The yellow guardrail mounts directly to the capflashing of any
brand of roof hatch and satisfies Occupational Safety and Health Administration standard CFR
1910.23.
Utilizing an attachment system that
does not penetrate the roofing membrane,
the BIL-Guard can be installed
using basic tools and features a quickmount
bracket and a pivoting mounting
sleeve. The system, constructed
of a durable fiber reinforced polymer
material and corrosion-resistant hardware,
comes in a variety of sizes and
features a self-closing gate. For more
information, call (203) 934-6363 or visit
www.bilco.com.
Cover Guard’s Temporary Protective Materials
Originally marketed to the marine industry, Cover Guard’s Temporary Protective Materials are
now available for use in the construction industry. The
reusable polyethylene film protects hard, non-porous
surfaces, such as carpet, vinyl, wood, steel, poured resin
floors, marble and stone. The product comes in a variety of
widths and thicknesses, offering durable protection against
impacts, indentations and markings. The flame-retardant,
waterproof materials also are resistant to most chemicals,
paints, dirt, dust and debris. For more information, visit
www.coverguard.com.
June 2007 Construction ExEcutivE | 69

productgallery [S a f e t y & W e l l - b e i n g]
Ergodyne’s Trex Footbeds
Trex Footbeds, the newest addition to Ergodyne’s protective
footwear line, provides workers with the support
and shock absorption needed to help keep feet
comfortable and the knees, hips and back aligned.
The shoe inserts, which replace a standard insole,
allow feet to relax by supporting multiple points of
contact while reducing stress on the rest of the body.
Available in economy, standard and high-performance
models, each insert features a deep heel and high
arch to keep the foot in a comfortable position.
Trex Footbeds’ ventilation system maximizes
airflow under the foot and an antimicrobial treatment
fights against the bacteria, yeast, fungi and mold that
can grow in work boots and shoes. Made from topgrade
materials, the inserts fit men and women up to
size 15½. For more information, call (800) 225-8238 or
visit www.ergodyne.com.
ADVERTISER PAGE
Acton Mobile Industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
www.actonmobile.com • 866-931-9319 • fax: 410-931-3468
Allied North America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C4
www.alliedna.com • 800-431-2584
American Fence Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
www.americanfenceassociation.com • 800-822-4342
Aon Construction Services Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C3
www.aon.com/construction • 888-678-7310
Blue Book of Building and Construction, The . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
www.thebluebook.com • 800-431-2584 • fax: 914-245-0288
Calculated Industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
www.calculated.com • 775-885-4900 • fax: 775-885-4949
CBIZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
www.cbiz.com • 800-ASK-CBIZ (275-2249)
CENTRIA Architectural Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
www.CENTRIA.com • 800-759-7474
Chevy Truck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Insert
www.chevy.com
CLP Resources, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37, 63
www.clp.com • 800-CALL-CLP • fax: 800-475-7925
Drewry, Simmons, Vornehm LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
www.drewrysimmons.com • 317-580-4848 • fax: 317-580-4855
EarthCam, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
www.earthcam.net • 800-EARTHCAM • fax: 201-488-1119
Everglades University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
www.evergladesuniversity.edu • 561-912-1211 • fax: 561-912-1191
Exaktime, Inc. — JobClock System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
www.jobclock.com • 888-788-8463 • fax: 818-222-6148
Foundation Software Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
www.foundationsoft.com • 800-246-0800 • fax: 330-220-1443
GeoStructures, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
www.geostructures.com • 877-846-3165
InSite Software Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
www.insitesoftware.com • 877-746-7483 • fax: 585-359-9252
Kenwood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
www.kenwood.com • 800-950-5005
70 | Construction ExEcutivE June 2007
SJ2 Industries’ Original 3rd Hand
The Original 3rd Hand, a circular saw lower guard retractor device from
SJ2 Industries, helps keep carpenters from pinning their guards. The
design employs a thumb lever that allows operators to lift the lower
saw guard with their trigger finger while keeping both hands on the
saw. Made of durable plastic, aluminum and steel, the device can be
installed in less than five minutes and adds less than 8 ounces to the
saw. The Original 3rd Hand is flame retardant and rust resistant, and
meets Occupational Safety and Health Administration standards. For
more information, visit www.the3rdhand.com.
Silent
Knight’s
Fire Alarm
Control
Panel
The new IntelliKnight
5808 Fire Alarm Control
Panel from Silent
Knight offers built-in
digital communication that allows reporting
of all system activity to a remote monitoring
location. Made for small to mid-size institutions
and commercial sites, the control panel
supports up to 127 addressable devices that
allow users to pinpoint which device has been
activated or needs attention. It also uses
drift compensation, maintenance alert and a
distributed power scheme to simplify installation
and reduce wiring requirements. For more
information, visit www.honeywell.com.
ADVERTISER PAGE
MC2 Management Computer Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47
www.mc2-ice.com • 800-225-5622 • fax: 901-682-8118
Meridian Systems, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
www.meridiansystems.com • 800-850-2660 • fax: 916-294-2001
Motorola, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
www.proventough.com/ce
National Demolition Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
www.demolitionassociation.com • 800-541-2412 • fax: 215-348-8422
National Center for Construction Education and Research (NCCER) . . . . . . . . . . . . . . . .51
www.nccer.org • 888-NCCER20 (622-3720)
OxBlue Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49
www.oxblue.com • 404-917-0200 • fax: 404-917-0201
Paperless Environments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64
www.paperlessenvironments.com • 866-431-4695
Procore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
www.procore.net • 866-4-PROCORE (477-6267) • fax: 866-281-2906
Ram Mounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65
www.ram-mount.com • 800-497-7479
ROCTEK International . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
www.roctek.com • 800-826-7736
Safety Maker, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64
www.safetyboot.com • 800-804-4741
Tally Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
www.tallysystems.us • 800-748-6636 • fax: 858-271-8356
Textura LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
www.texturallc.com • 866-839-8872 • fax: 847-582-1037
Tradesman International . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
www.tradesmeninternational.com • 800-573-0850 • fax: 440-340-4092
St. Paul Travelers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61
Email: j.dennis.lane@spt.com • 860-277-5168 • fax: 860-277-3931
Volvo Rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C2
www.volvo.com/rental • 866-387-3687
Watt, Tieder, Hoffar & Fitzgerald, L.L.P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
www.wthf.com • 703-749-1000 • fax: 703-893-8029

community
spotlight
C o M M U n I t Y
s P o t L I G H t
PennsYLVanIa
72 | Construction ExEcutivE June 2007
J o a n n a M a s t e r s o n
Futures Filled with Hope
Thanks To a major efforT from Associated
Builders and Contractors’ Southeast
Pennsylvania Chapter (ABC SEPA), 126
children from the Mississippi towns of
Waveland and Bay St. Louis can look forward
to futures filled with more hope. In just
11 months, 35 ABC SEPA members helped
build the Hancock County Child Development
Center for the two towns devastated
by Hurricane Katrina, donating more than
$587,000 in cash and gifts in kind.
Not only is the center the first public
building to be completed in the county
since the storm hit, but it’s also the first
major project of the Bucks-Mont Katrina
Relief Project, a volunteer group that joins
business and community leaders in Pennsylvania’s
Bucks and Montgomery counties
with the Salvation Army to rebuild communities
along Mississippi’s Gulf Coast.
Because the storm destroyed nine of the
area’s 12 child care centers, building a new
center was a top priority for helping families—many
of whom lived in public housing
destroyed by Katrina—return to work.
When the founders of the Bucks-Mont
Katrina Relief Project asked Jon Otto,
president of Penn Valley Constructors,
Inc., Morrisville, Pa., to chair the Building
Group Committee, he turned to his fellow
ABC SEPA members for help.
“I reached out to them because I know so
many of the subcontractors are good people
who step up when help is needed,” Otto says.
“I basically had a few plans and a steel build-
students from Bucks County Technical
high school’s carpentry and auto shop
departments fabricated alphabet letters for
the child care center’s exterior walls.
ing I ordered based on a few donations. They
instantly embraced the idea.”
The $1.25 million, 10,000-square-foot
facility, which opened in March, employs
about 30 people and provides day care services
for children up to age 5.
“It is like having your dream come true,
and then living it and knowing everything
you thought would be great about
it is great,” says Lora Mederos, executive
director of the Hancock County Human
Resources Association. “It lends so much
more credibility to the entire program.
The children are really thriving.”
About 150 construction workers from
the Delaware Valley traveled to Mississippi
to work on the center, which features
eight classrooms, five bathrooms and a
kitchen. Contractors volunteered to erect
the pre-engineered steel building, hang
drywall, paint walls and install plumbing,
sometimes uniting with other companies
to gather enough money and manpower to
complete tasks like the exterior masonry
and interior cabinetry.
“Everyone had a good experience
because they were able to use their skills to
make a difference,” Otto says. “Whenever
I would thank the workers, they would say
‘no, thank you.’”
Up next for the Bucks-Mont Katrina
Relief Project is the construction of a food
pantry located on the same block as the
day care center. The group also is working
with the National Association of the
Remodeling Industry to raise money to
put families back in their homes.
masterson is staff writer of Construction
Executive.
Construction Executive Wants Your News!
If you would like to share company news of community service,
send your information to:
Construction Executive, 4250 North Fairfax Drive, 9th Floor,
Arlington, Va. 22203, or email abcares@abc.org.