New Contractor Requirements Effective After June 30

The following new contractor requirements take effect for state and local public works contracts awarded after June 30, 2016. Exceptions include Build/Operate/Transfer, P3, Design-Build and Construction Manager as Constructor contracts.

A contractor of any tier with 10 or more employees must provide its workers with access to a training program applicable to the tasks performed by those workers. Training can be accomplished through an apprenticeship program offered by Ivy Tech or Vincennes University, a program established by or for the contractor, a program offered by an entity sponsored by the U.S. Department of Labor, Bureau of Apprenticeship and Training (US DOL-BAT), a program that results in the award of an industry recognized portable certification, or a program approved by the Federal Highway Administration (FHWA) or INDOT.

A prime or general contractor (G.C.) or a subcontractor, contracting with a prime/G.C., employs 50 or more journeymen, the contractor must also participate in an apprenticeship or training program meeting standards established by or approved by US DOL-BAT, Indiana Department of Labor, FHWA or INDOT.

A contractor in any tier must preserve payroll and related records for three years after completion of the project and make those records open to inspection by the Indiana Department of Workforce Development.

Prime/G.C. and subcontractors, contracting on local public works contracts of $150,000 or more, must now adhere to drug testing requirements that were only applicable on state contracts prior to July 1, 2016.

The new statutes also require public owners to follow new procedures regarding possible contractor violations and in contractor responsibility determinations. For violations involving E-Verify, federal or state minimum wage laws, workers compensation or unemployment compensation, the public agency will be required to refer the matter to the appropriate agency. For other violations involving the new requirements, the public agency shall require the contractor to remedy the violation within 30 days of notification. If the violation continues, the agency shall find the contractor not responsible for up to 48 months. A finding that a contractor is not responsible is subject to judicial review. However, a finding that a contractor is not responsible due to a violation of the new requirements may not be used by another public agency as the basis for finding that contractor not responsible.

Call Before You Dig

According to Indiana Code 8-1-26, you must call the Indiana Underground Plant Protection Service Call Before You Dig Center before beginning any excavation project. The number is 811.

OSHA 1926 Standard for Construction, Subpart B, also requires that you determine the estimated location of utility installations, such as sewer, telephone, fuel, electric water lines or any other underground installation that may be encountered before opening an excavation.

Premark your location with white paint, flags or both. Call the 811 number at least two full working days before you dig. Provide the center with the location of the site. Be specific. The center will give you a reference number that is proof of your call. After making the call to 811, you must wait 48 hours before beginning work to ensure that all utility companies have had time to respond.

When utility locators respond to your request, they will mark the utilities with paint or flags. Below are the colors that may be used for marking and what they represent:

callbeforeyoudig

If weather, lawn mowing, traffic or other activities cause you to lose your marks, notify Indiana 811 immediately and have your reference number ready to request a remark. Do not refresh the marks with your own paint. An additional notice of two full working days is required for the remark.

Indiana law requires that the excavator observe the tolerance zone during excavation. That is an area equal to the width of the underground facility plus 24 inches on each side of the buried utility. Excavate by hand, if necessary, until the utility is visibly located. Be sure someone other than the equipment operator, i.e. the spotter, is there to look for any sign of the underground facility.

For your safety, don’t assume that a pipeline or cable runs straight between two markers. Don’t assume that an underground facility is the same depth throughout the excavation area. Don’t bend over a gas line or self-repair a line. And don’t assume all utilities have responded to your request. Assess the proposed excavation area for indications of unmarked facilities.

If your job will last longer than 20 calendar days, you must renew your locate request at least two full working days before it expires.

When you call before you dig, you are helping to protect yourself, your fellow workers and the public, as well as the environment.

Download the recording form here.

Summer Heat Safety Campaign Begins

Credit: OSHA June 1 QuickTakes

OSHA has kicked off its summer campaign to inform employers and employees about the dangers of working in the heat. The campaign will continue its annual outreach to highlight how heat-related worker fatalities are entirely preventable. In 2014 alone, 2,630 workers suffered from heat illness and 18 died from heat stroke and related causes on the job.

On May 26, Kelly Schnapp, who directs OSHA’s Office of Science and Technology Assessment, joined four other experts on a White House webinar highlighting the risks of extreme heat to four vulnerable populations: the elderly, athletes, emergency responders, and outdoor workers. Schnapp noted that a majority of recent heat-related deaths investigated by OSHA involved workers on the job for three days or less – highlighting the need for employers to ensure that new workers become acclimated to the heat when starting or returning to work.

OSHA also provided heat safety tips for workers in a blog, Twitter posts, and an updated heat campaign webpage that now includes illustrations of heat exhaustion and heat stroke, an animated video, training resources, and links to an updated heat safety phone app. #WaterRestShade is the official hashtag of the campaign, encouraging employers to provide their workers with drinking water, ample breaks, and a shaded area while working outdoors. OSHA also continues to partner with the National Oceanic and Atmospheric Administration to raise awareness on the dangers of working in the heat through its Weather-Ready Nation campaign.

Flagger Safety

Work zone flaggers are the first line of defense for road construction workers and are there to help protect the public. It is a critical and dangerous job. Because they are the ones that deal with the speeding, distracted or sometimes angry driver, they must also know how to protect themselves while on the job.

What flaggers should do to protect themselves:

  • Most importantly, all flaggers should have the appropriate flagger training and have periodic refresher training.
  • Wear high-visibility clothing such as orange, yellow or green vests. Use retro-reflective vests at night.
  • Wear other protective equipment such as hard hats, long-sleeved shirts and pants, safety footwear and eyewear.
  • Dress appropriately for the weather.
  • Stay alert and out of harm’s way by following these guidelines:
    • Stand alone on the shoulder in clear view.
    • Never stand in the open traffic lane.
    • Plan an escape route for emergencies.
    • Stay alert and focused on your work.
    • Make sure your hand signals don’t conflict with the traffic signals.
    • Treat motorists with respect and courtesy. Don’t pick fights or respond in anger. If a driver is a problem, record the make, model and license number of the car, and report the incident to law enforcement.
    • If a driver violates your warnings and trespasses your flagging station, warn the other workers in the work zone. Establish a warning signal ahead of time for the work crew in case of an emergency.

Dangerous behaviors flaggers should avoid:

  • Standing where you can be crushed;
  • Standing in the shade, over the crest of a hill or around a sharp curve;
  • Leaving your position until properly relieved;
  • Standing near equipment;
  • Standing in a group;
  • Participating in unnecessary conversation;
  • Reading or daydreaming while on duty;
  • Using your cell phone;
  • Listening to music or using ear phones; or
  • Turning your back on traffic.

Remember, working in traffic areas always presents some risks. The job of a flagger is an essential component of worksite safety.

Download the recording form here.

Preventing Forklift Accidents

There are several types of forklifts that can be used on construction sites. They include stand-up riders for use in narrow aisles, sit-down riders, motorized hand pallet jacks and rough terrain forklift trucks.

About 100 workers are killed each year as a result of forklift accidents. Overturning causes nearly one quarter of these fatalities. Other common forklift accidents include workers being struck by materials on forklifts or by the forklift itself, and workers falling from a forklift.

Unfortunately, those who operate forklifts day in and day out have a tendency to take short cuts and ignore basic safety rules. Their attitude says, “It can’t happen to me.”

Some factors to consider when driving a forklift include:

  • Know the capacity of the forklift you are driving. Make sure it can handle the size and weight of your load.
  • Determine if the load you are carrying has any odd characteristics, and plan ahead on how to handle them. Examples include loads that are top heavy, cylindrical or awkward.
  • Know the condition of the forklift. Are the forks damaged, or is there some other problem that could cause an accident? If so, don’t use the forklift until it’s repaired.
  • Determine the path you will be traveling with the forklift. Be aware of obstacles, bumps, ramps, people, cross aisles and narrow passageways.

When operating a forklift, keep the following safety guidelines in mind:

  • Operate the forklift only if you’ve been trained.
  • Maintain a safe following distance from other forklifts – about three vehicle lengths.
  • Follow speed limits and other regulations.
  • Drive with your load low – six or eight inches off the ground – and tilted slightly back.
  • Exercise extra caution when driving over duckboards and bridge plates, and make sure your load is within their capacity as well.
  • Raise and lower your load only when your forklift is completely stopped.
  • Stop and sound the horn at intersections.
  • Avoid sharp turns.
  • Keep your arms and legs inside the vehicle.
  • Wear a hard hat and other protective equipment when necessary.
  • Be sure your load is stable and secure.
  • When leaving the forklift for any reason or any length of time, lower the forks, neutralize the controls, shut off the engine and set the brakes.

OSHA has two educational documents on forklift safety. The first is “Operating the Forklift: Load Handling,” and the second is “Operating the Forklift: Traveling & Maneuvering.” Both have good information that can help you safely operate your forklift.

Download the recording form here.

Overtime rule doubles salary threshold; increases burden

AGC plays vital role in attempting to limit burden – will continue to pursue corrective action

On May 18, the U.S. Department of Labor released its final rule implementing changes to the Fair Labor Standards Act (FLSA) overtime regulations.  The most significant change is a doubling of the standard salary threshold for exempt employees – from $455 per week ($23,660 per year) to $913 per week ($47,476 per year).  The rule takes effect on Dec. 1, 2016. In 2015, AGC sent both individual comments and signed onto coalition comments on the proposed rule. Read more on AGC.org.