Buy American vs. Buy America

President Joseph R. Biden Jr. signed an executive order intended to strengthen Buy American provisions. Congress passed the Buy American Act in 1933. This program covers specified products and requires the U.S. government to purchase domestic construction materials. The Buy American Act created a national preference for the government to procure only domestic materials used for public construction unless a waiver had been granted. The 1933 Act applies to direct purchases by the federal government, but not third parties, such as private contractors given procurement funding through government endowments.

In summary, the executive order intends to strengthen oversite and leadership and increase waiver scrutiny and inter-agency communication about domestic preferences with respect to Buy American Act provisions.

The Executive Order does not apply to the Buy America Act. The Buy America Act is familiar those operating primarily in the transportation industry performing on projects utilizing funds administered by Federal Highway Administration (FHWA) for state and local public works entities. The Buy America Act was established within Section 165 of the Surface Transportation Assistance Act of 1982, which was a transportation funding and policy act created under the Reagan administration. This provision addresses concerns over the surface transportation of highways and bridges. The Buy America Act was intended to give preference for the use of domestically produced materials on any procurements funded at least in part by the federal government.

IDIQ Approved for Permanent Use

For more than a decade, the Federal Highway Administration (FHWA) has allowed limited use of the indefinite delivery/indefinite quantity (IDIQ) project delivery method. Effective November 16, 2020, per the FHWA’s interim final rule under 23 CFR 635, states are allowed to use of IDIQ and job order contracting (JOC) on federal aid contracts on a permanent basis under certain circumstances. The FHWA states that “allowing ID/IQ contracting on a permanent basis provides benefits to state departments of transportation (state DOT) and other contracting agencies, including expediting project delivery, increasing administrative efficiency, reducing project costs, and increasing flexibility for state DOTs to use federal-aid funds on certain projects.

FHWA is soliciting public comment about IDIQ and JOC. The comments deadline is January 15. The official notice document, as well as the advance notice of proposed rulemaking (ANPRM), supporting materials and all comments received may be viewed online through the Federal eRulemaking portal at: http://www.regulations.gov. An electronic copy of the notice document may also be downloaded from the Office of the Federal Register’s home page at: http://www.archives.gov/federal-register and the Government Publishing Office’s web page at: http://www.gpo.gov/fdsys.

Portable Heaters

It is critically important for companies to establish and follow safe guidelines for using portable heaters. Without them, portable heaters can become workplace fire hazards.

Prior to Operation

  • Ensure electronic flame sensors or pilot safety valves are in place.
  • Examine cords or electrical connections for damage.
  • Inspect for damage or fuel leakage following long-term storage.

Approved for the Environment

  • Place heaters on a non-combustible surface that extends four feet in front of the unit, unless approved otherwise by the manufacturer.
  • Remove all combustible materials near the unit.
  • Establish a three-foot safety perimeter around the heater.

Ventilation

  • Ensure there is adequate ventilation in the area where you plan to use the heater.
  • Provide mechanical ventilation when the natural supply of fresh air is inadequate.
  • Verify the unit does not deplete oxygen in the area.
  • If you’re using the heater in an enclosed space, use an appropriate carbon monoxide detector.

Fire Prevention

  • Maintain a fire extinguisher nearby.
  • Verify that the heating unit is off and cool before you refuel it.
  • Never refuel indoors or within 50 feet of a building.
  • Turn off portable heaters in unoccupied spaces.

Accident & Injury Prevention

  • Develop a plan for portable heater use.
  • Make sure to communicate sound safety procedures for using portable heaters.
  • Consider the jobsite’s conditions and requirements before selecting a portable heater.
  • Make sure all workers know how to use portable heaters safely.
  • Always follow the manufacturer’s specifications.
  • Reference OSHA’s construction standard for temporary heating devices Subpart F, 1926.154.

Download a printable PDF and recording form here.

Job Hazard Analysis

A job hazard analysis, task hazard analysis or a hazard analysis by any other term is a planning tool to identify and address hazards before they occur.

Identify Hazards

  • Break down the tasks for the work activity.
  • Identify existing and potential hazards associated within those tasks.
  • Establish preventative measures.

Preventative Measures

  1. Can you eliminate the hazard? Example: A road closure to traffic is a method of hazard elimination.
  2. Can you implement a substitution? Would using a different piece of equipment minimize the hazard? Example: An aerial lift might be safer than using a ladder.
  3. Is there an engineering control that will work? Examples: Implementing excavation protective systems like a trench box or hydraulic shoring or using wet methods to control silica exposure.
  4. What administrative controls can you implement?
    • Training.
    • Developing work procedures.
    • Signage.
  5. What is the correct personal protection equipment for the specific hazard?

Planning

Once you’ve identified the preventative measures, make sure you have the correct tools and equipment available.

  • Is a retractable device better suited than a standard 6-foot lanyard for fall protection?
  • Do you have the correct ladder type and height?
  • Do you need a filter or cartridge respirator?
  • Do you need leather, cut-resistant or chemical gloves?

Review

As the project evolves, so does the hazard analysis process. To be effective, revisit and update the initial assessments as needed.

Download a printable PDF and recording form here.

Driving on Snow and Ice

When you’re driving in winter weather it is important to make sure your vehicle is ready, and you are prepared to handle adverse road conditions. The following information can help make your drive safer on snow and ice.

Travel

  • Leave for your destination earlier than normal and plan for unexpected delays.
  • Failing to allow enough distance to stop is a major cause of winter driving accidents. Adjust your speed for the conditions and leave yourself additional room to stop. You should allow at least three times more space than usual between you and the vehicle in front of you.
  • Bridges, overpasses and infrequently traveled roads will freeze first. If the conditions are wet, shady areas may freeze over.
  • Brake gently to avoid skidding.
  • Do not use cruise control or overdrive on icy roads.
  • Drive with your lights on to allow other drivers to see you.

Maintenance

  • Replace your windshield wiper blades. Worn wiper blades can smear road spray, obscuring your vision.
  • Keep your windshield washer fluid topped off.
  • Use the appropriate temperature-rated windshield washer fluid.
  • Clean snow and ice off the front and rear windshield; as well as all side windows, mirrors and lights to make sure you can see clearly and be seen by others.

Be Prepared for an Emergency

  • Top off your vehicle’s fuel. In an emergency, it could be your only heat source.
  • Maintain an emergency kit with:
    • A flashlight.
    • Jumper cables.
    • Flares or emergency lights.
    • A small shovel.
    • Traction material such as sand or cat litter.
    • Additional heavy clothes, gloves and a blanket in the event your clothing becomes wet, or you are stranded for an extended period.

    Download a printable PDF and recording form here.

Slips, Trips and Falls in Construction

In 2019, slips, trips, and falls accounted for 28% of the nonfatal work injuries resulting in days away from work in highway, street and bridge construction, according to the Bureau of Labor Statistics. Human factors contribute to 54% of these slips, trips and falls, while unstable or slippery surfaces accounted for 25% of incidents. Significant factors that contribute to slips, trips and falls include:

Complacency

Focus on where you’re going and what lies ahead. If you consider that we take thousands of steps a day or get in and out of vehicles and equipment multiple times in a day, all these movements add up to tens of thousands in a week and a million movements in a year. Unfortunately, a one-in-a-million chance for injury is entirely possible.

Distraction

Focus on what you’re doing. An object that is too heavy or too cumbersome can become a distraction, limiting your focus on your travel path.

  • Take responsibility for fixing, removing or avoiding hazards in your path.
  • Make sure you can see where you are going.
  • Carry only loads that you can see over.

Body Mechanics

Carrying a heavy object changes our center of mass and our walking pattern. The weight, location and method of carrying an object can impact your balance, especially if your:

  • Stride length shortens.
  • Step height lowers.
  • Center of mass shifts.

All of these subtle changes can impact a person’s normal movement patterns and stability, increasing the potential of a slip, trip or fall.

Download a printable PDF and recording form here.

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