Airlite Plastics Co. – Fox Blocks ICF Acquires TRUEGRID
Paves way for accelerated growth in sustainable construction products
Omaha, Neb. (April 17, 2019) – Airlite Plastics acquired TRUEGRID on April 15, 2019, adding the permeable paving grid system to its line of environmentally sustainable construction products.
TRUEGRID high-performance pavers control runoff, create less thermal pollution and reduce waste for landfills, among other ecological benefits. Made of post-consumer recycled high-density polyethylene, the pavers have revolutionized the construction industry with versatility, attractiveness and 100% permeability.
Some of the most recognizable national names rely on TRUEGRID for parking areas, streets, walkways and bike paths — Whole Foods, NASCAR, AutoNation, Super Bowl LI’s Club Nomadic, the New York City Ferry.
Airlite Plastics headquarters in Omaha, Nebraska and manufactures a wide range of custom plastic products for consumer and construction markets, including containers and lids for food packaging, drink cups and lids, and Fox Blocks insulated concrete form (ICF) building blocks.
TRUEGRID joins the family of Airlite products aimed at innovating the sustainable construction market. The paving system is a natural complement to Airlite’s Fox Blocks brand of ICF building blocks. TRUEGRID will continue to operate in Houston, Texas and sell under its TRUEGRID name.
We are delighted to welcome TRUEGRID to our family of world-class products. This exciting acquisition launches a new period of strategic growth. Airlite Plastics will aggressively continue to develop or acquire additional sustainable construction products.
Brad Crosby, President and CEO of Airlite Plastics.
Our companies share a like-minded passion for developing quality products that are both functional and environmentally friendly. We are proud to join forces with Airlite Plastics, a leading-edge business with a track record of success.
Barry Stiles, founder of TRUEGRID.
The companies finalized the acquisition on April 15, 2019, and the terms of the agreement remain private.
MBS Advisors of Florence, MA advised Airlite Plastics Co. in connection with the transaction.
Media contact for questions or interviews: Mike Kennaw, (877) 369-2562, mkennaw@airliteplastics.com
Airlite Plastics is a privately held, family-owned company, headquartered in Omaha, Nebraska for more than 60 years. Its product lines include containers and lids for food packaging, drink cups and lids, as well as polystyrene coolers, insulated concrete form (ICF) building blocks, and other custom plastic products.
Responding to an OSHA Inspection (Part 2)
By Mark A. Lies, II & Elizabeth Leifel Ash
INTRODUCTION
In Part One of “Responding to an OSHA Inspection,” the focus was determining whether OSHA (the U.S. Occupational Safety and Health Administration) had the right to conduct the inspection and, if it did, the proper scope it should have. As anyone who has ever experienced an OSHA inspection is well aware of, a key element is the agency’s interviews of employees by the compliance officers from OSHA. Unfortunately, a lot of confusion has occurred over the respective rights of OSHA, the employers and the employees. Part Two will discuss these important, respective rights during an interview.
INSPECTION CONDUCT
During any inspection, the compliance officer will request employee interviews (both management and non-management employees) in order to gather facts as to whether there may have been violations of the agency’s regulations. Many employers fail to advise their employees of their rights during such interviews, and these rights are rarely exercised. If the employee gives inaccurate, incomplete or confusing responses, their statements can be the basis for civil citations with monetary penalties, or worse, criminal liability. The general rights of the various parties are as follows:
Employee Rights
The employee has a right to a private, one-on-one interview with the compliance officer, which is confidential and is considered “protected activity.” The employee cannot suffer any “adverse action” from the employer for exercising this right. The compliance officer cannot disclose the contents of the interview.
- The employee has a right to refuse to be interviewed by the compliance officer. Many employees are reluctant to speak to compliance officers because they have been emotionally impacted by an accident in which a co-employee has been injured, or they are fearful of speaking to a governmental representative. Some employees feel that they may be intimidated or manipulated during the interview to expose them to liability. In this regard, an employee cannot be forced to have a private, one-on-one interview. These interviews are totally voluntary. If the employee declines to be interviewed (and the employee need not give any reason for the decision) the agency will have to decide whether to obtain a subpoena to require the interview. If the agency obtains a subpoena, the employee has the full scope of rights to respond, including the right to counsel.
- The employee has a right to decline to have a one-on-one, private interview and the right to have a person of their choice attend the interview and, if the compliance officer refuses to allow this person to attend, decline to be interviewed. Some employees feel comfortable being interviewed if they have another person present during the interview. Again, if the compliance officer refuses to allow this other person to attend, the employee can decline the interview for no reason.
- The employee has a right to end the interview at any time for any reason. Since the interview is completely voluntary (unless OSHA has obtained a subpoena, in which case the employee has additional rights and should consult legal counsel), the employee can end the interview at any time and can leave without any explanation.
- The employee has a right to refuse to sign a statement, be tape recorded or be photographed. Again, since the interview is voluntary, the employee cannot be required to sign a statement. Under most state eavesdropping laws, any individual can refuse to be tape-recorded, and they do not need to provide a reason. In a number of states, it is a criminal offense to tape-record a conversation without the permission of all persons in the conversation. Finally, any person can refuse to have their photograph taken.
OSHA Rights
- The compliance officer has the right to interview an employee in private, if the employee consents.
- OSHA has a right to have truthful responses to their questions.
- OSHA has employer rights.
- OSHA has the right to inform its employees of their rights during the inspection.
- OSHA has the right to participate in non-private employee interviews and, if the compliance officer refuses, require that the interviews occur on non-paid work time.
- OSHA has the right to end the interviews if they become disruptive – that is, if they unreasonably interfere with ongoing work, or become confrontational, in which case the employer should consult legal counsel regarding the termination of the inspection.
EMPLOYEE RIGHT TO LEGAL COUNSEL
Since every employee has the right to have a person of their choice present at the private interview, it is obvious that the employee has the right to have legal counsel present as that person. A more fundamental right of every employer (and citizen) is to have representation by counsel in any administrative or judicial proceeding. In addition, in most jurisdictions, the employer has an obligation to defend its employees when they are faced with liability for acts that occurred within the scope and course of their employment. Thus, the right to have legal counsel, if the employee so elects, is unquestionable.
EMPLOYEE POTENTIAL CRIMINAL LIABILITY
Another significant issue which may arise during an OSHA inspection after a serious accident involving a fatality or multiple injuries is potential criminal liability for the employer and individual employees. A basic right under the United States and state constitutions is the right against self-incrimination (under the Fifth Amendment).
Unfortunately, when the inspection occurs, it is impossible to determine whether criminal charges may result months or years later, by which time employees may have incriminated themselves in the OSHA interviews and exposed themselves to criminal liability. For this reason, it is even more important that legal counsel be considered for the OSHA interviews.
NO CRIMINAL MIRANDA WARNINGS
Another potential problem that warrants legal counsel is the fact that before the interview, the OSHA compliance officer is not required to give the employee the Miranda warnings:
- The employee has a right to remain silent.
- The employee’s statements can and will be used against them.
- The employee has a right to have an attorney.
- The state must provide the employee with an attorney if the employee cannot afford an attorney.
Thus, employees may unknowingly expose themselves to criminal liability during an interview without any warning from the compliance officer during the interview. Compliance officers are not required to give the Miranda warnings because they are not police officers, and the employee has not been placed under arrest.
OSHA OBJECTIONS TO LEGAL COUNSEL
Unfortunately, in many inspections, OSHA objects to the employee having another person present, including legal counsel. In the instances where OSHA does agree to allow the employee to have legal counsel, the agency objects to allowing the employee to utilize the employer’s attorney, who has been provided at no cost to the employee. OSHA claims that such attorney may have a conflict of interest representing the employer and also representing the employee in the interview. It should be noted that it is not OSHA’s right to object to any potential conflict of interest. Rather, it is solely the employee’s right to accept the attorney, so long as the attorney has discharged his or her legal obligation to discuss potential conflicts of interest with the employee and so long as any potential conflict can knowingly be waived.
Another reason OSHA objects to the employer’s legal counsel (which is provided at no cost) is because the employee may be exposed to retaliation by the employer for what is said in the interview. This argument is likewise without foundation because the employee is protected from retaliation under Section 11(c) of the Act through participating in the OSHA interview or inspection. Thus, it is patently inappropriate and unfair for the agency to object to the presence of legal counsel, provided at no expense by the employer, in an interview that could make an employee face potential criminal liability and that will force the employee to retain other legal counsel at the employee’s expense if the employee wishes to exercise these rights. In most cases, the employee cannot afford to retain legal counsel and thus is effectively denied such counsel.
LANGUAGE BARRIER ISSUES
Because of the diverse nature of many workplaces, an issue arises concerning language barriers between the employee being interviewed and the compliance officer. It is critical that a competent interpreter be made available by the employer to ensure that the employee being interviewed can understand the questions and respond accurately and truthfully. Frequently, the employer will make available a co-employee who is bilingual to perform this role. OSHA may attempt to discourage this other employee from participating in the interview. As we have seen above, the employee who is being interviewed has the right to refuse to be interviewed if the employee is denied the interpreter. In addition, the employer should be cautious about accepting an interpreter offered by OSHA, since there is the potential for this interpreter to pose the questions to the employee in a technical manner that the employee could find confusing. There have been instances where the OSHA interpreter does not speak the particular dialect of the interviewed employee’s language, in which case there is further opportunity for confusion. Unfortunately, when an employee gives responses that are confused or incomplete because the employee cannot understand the questions, this provides an opportunity for citations to be issued to the employer on the grounds that employees are not properly trained and do not understand the employer’s safety and health programs.
CONCLUSION
It is important that employees be advised of their rights prior to and during the inspection so that they can exercise them. If employees are not so informed, they may waive significant legal rights and expose themselves and their employers to potential legal liability.
About the Author
Mark A. Lies, II is a labor and employment law attorney and partner with Seyfarth Shaw LLP, located at 233 S. Wacker Drive, Suite 8000, Chicago, Illinois 60603. Lies can be reached by phone at 312-460-5877 or by email at mlies@seyfarth.com. He specializes in Occupational Safety and Health law, related employment law, and personal injury litigation.
6 Mistakes Concrete Contractors Make When Hiring People
By Doug Herbert
As spring arrives, so do the opportunities for concrete contractors to do more work. We emerge from our winter slumber to finally see more bidding activity and orders from customers.
Before we know it, we will be sweating it out in June, wondering how to find enough laborers to get all the work done. There will be opportunities to make more money, but finding the right people will be the biggest obstacle to higher profits and company growth.
To ensure that you can capitalize on profitable projects and increase your market share, avoid these six mistakes when trying to hire good employees.
Mistake #1
Poor Strategy for Finding New People
Most contractors rely on referrals from current employees and Craigslist ads to find new employees. When what you have been doing isn’t giving you the results you want, it is time to develop a better strategy. In addition to asking yourself what you have done in the past to attract new hires, ask what you haven’t yet tried.
There are multiple low-cost ways of attracting laborers to your company. The more of these you do simultaneously, the more people you will attract.
Mistake #2
Hiring Anyone Who Walks Through the Door
When you have four weeks’ worth of work to do in the next two weeks, it can be difficult to resist the urge to hire anyone that walks through your door. Don’t do it! Much like deciding to go to a third bar in the same night, you will regret it in the morning. Hiring the wrong person can cause a lot of headaches at best, and a lawsuit at worst.
It is better to wait for a better candidate to hire later than it is to hire the wrong person today. Be sure you have a formal method for screening and qualifying those who apply at your company. And, importantly, follow that method for every person, every time.
Mistake #3
Throwing Them to the Wolves on Their First Day
Even experienced tradesmen need to get up to speed with your company and how you “do things around here.” General laborers with little experience in construction will have that deer-in-the-headlights experience if they go out with a crew immediately.
A new hire’s first day of employment should involve an onboarding process that includes an orientation to the company procedures. This can be performed by someone in your office, or by a shop foreman, if you have one. The new employee can work at the shop or yard for the rest of the day and be ready to go with a crew on their second day. When you put them on an established crew on their first day, you are asking them to run before walking.
Mistake #4:
No Training of New Hires
You have probably seen this on social media – Controller: What if we train our people and they leave? CEO: What if we don’t and they stay? That’s important to remember. But when you are just trying to get enough guys on the job site to keep your customer from screaming at you (again), it can be tough to think about a structured training program.
Training, though, comes in all shapes and sizes. For starters, assign a veteran on your crew to teach the rookie the ropes. On your rain days, keep the guys at the shop for two hours and teach them how to read plans, figure out what fillers are needed at a corner, or how to line a wall. Any amount of training will pay for itself many times over.
Mistake #5:
Not Finding Out if They Are Right for Your Company
When we hire someone, we expect that they will work out well at our company. We send them on their way and then move on to a hundred other things we need to do that day. But what if they aren’t right for our company? What if they are incredibly lazy? What if they are a pain in the butt to be around?
Be sure to follow up with your foremen early and often about the new hires. If they are not a good fit, you can try moving them to another crew. If that doesn’t work, fire them quickly yet gently and suggest they apply at your competitor’s company. It is better to be a man short than to have one that causes a lot of problems.
Mistake #6:
No Retention Strategy
You can have a great hiring process and bring in a bunch of new people, but if you don’t keep the good ones, you will be miserable – along with everyone else around you. The entire company is affected when you lose good employees. Develop a strategy of identifying good people. Then, recognize and reward them for their behavior in front of everyone. Thank people publicly for doing the things you want repeated. Announce employment anniversaries and other milestones.
Exceptional employees are ambitious. Talk with them about the possibilities for advancement at your company. Make sure they know you see them as valuable. Retain the people that are profitable for your business.
Improve Your Hiring and Retention Systems
Finding the right people is often the biggest challenge for concrete contractors. If you are better at it than others in your area, you will have a competitive advantage and be more profitable.
Make a plan to fix these six hiring and retention mistakes before you need to hire people. Enlist the help of others in your company to tackle these areas. If you wait until your workload is full and you really need the workers, everyone else in your company will be too busy to do it well. Do it now while there is still time.
Finding a Concrete Housing Authority
By David Pfanmiller, CONCRETE HOUSING INSIGHT
It does not take long in any conversation around the concrete industry for the focus to turn toward the concrete house. Invariably, someone will ask the question, “Why is it that we aren’t building houses out of concrete here in the U.S.? I mean, look at Europe – they’ve been doing it for centuries!” While it is debatable what the difference is between production house-building and building a home, there is no denying that a gap exists between intuition (or intellect) and economy (or practice). In some respects, the answer is, “Well, it is because we’ve always done it this way,” and, “Frankly, I’m not sure where I would turn to to begin the process.” What has been needed for some time is a resource for truly engaging in the thought process of building a concrete house and then moving toward building concrete houses. It is for this specific purpose of delivering insight into the concrete housing market that our company, Concrete Housing Insight, has been formed.
In 1992, I became involved in a concrete construction company that worked hard to build up our market in Raleigh, NC. From 1992 to 2000, one of our biggest issues we faced was that of optimizing the use of our forming systems, equipment, and the skilled labor force we had developed. After several years, we found ourselves looking for alternatives. Our interest turning to concrete homes coincided with some technological advances in ledger, deck and shoring components from the panel manufacturers.
We began building concrete houses and did so from 2000 to 2008. We started things off with a prototype duplex in Raleigh, North Carolina. We followed that with several two-story units and some custom residential buildings on Topsail Island in North Carolina, followed by building in the Gulfport/Biloxi area in Mississippi before we finally attracted a key account to begin building custom homes in the Raleigh area. In retrospect, we did a lot of things right; but we also made some mistakes. I would like to share what I learned during this period and introduce an option that now exists to assist others as they venture into the concrete housing industry.
Before we engaged the market, we developed a business plan. This plan was essential for our leadership to touch and feel the vision, which initially appeared to have a rather large upside but definitely had some risk. The plan began with developing strategic partnerships with major homebuilders. If we could become a major sub-contractor to them, we would then be able to use our trustworthiness and reliability to help them transition to a concept of all-concrete housing.
Next, we had to develop a strong basis for selling. What were the tangible benefits we could rely on for a concrete house that would make a difference to the homeowner? Research through the Portland Cement Association indicated that a definite gap existed in the marketplace between what the builder thought the homeowner would want (or appreciate) and what the homeowner thought was valuable – that is, valuable enough to increase the cost of housing. Therefore, we began to identify the physical properties of concrete that we believed would be the main draw.
• Thermal Mass
• Air Quality/Tightness
• Energy Efficiency (Insulation Capability)
• Green Footprint
Our first action in the plan was to build a prototype duplex in Raleigh. We received great support from Ross Worley and Carl Engelken of Wall Ties & Forms, Inc. of Kansas City, Kansas. Our primary form inventory was of their line, and much of the new technology we were seeking had been added to their catalog.
We successfully completed the project and engaged Advanced Energy Corporation to test the structure and monitor the energy usage. The thermal performance (Energy Efficiency) was off the chart. So, immediately we knew we had to promote the energy findings.
Unfortunately, we quickly began to find there was not enough strength in the residential market around us to support the upgrade to an all-concrete system based on thermal performance alone. So, we stepped back and reevaluated the plan, the system and the marketing. We concluded that we needed to highlight the structure’s natural strength and storm resistance. In the southeast, storm resistance had more market punch than energy efficiency. Homes were exposed to hurricanes and tornadoes throughout the year, and in recent years some very large weather events had been witnessed. If we could prove shelter strength, that would be a tangible bonus to the market.
We decided to put our structures in harm’s way. Hurricane Fran had damaged much of the North Carolina coast about a year prior. Looking at the available real estate, we chose Topsail Island as a natural location to construct our first marketable concrete homes. Topsail Island is located approximately 25 miles north of Wilmington, North Carolina, between Wilmington and Morehead City. It is accessible by only two state roads, one entering at the middle and the other one at the north end. Much of the island has a low elevation and is vulnerable to storm surge and flooding.
Here on Topsail, we built several duplexes and custom single-family homes. The designs featured a structural elevated slab approach where the concrete slab was supported by reinforced concrete columns that were typically 12 to 14 feet tall. The foundation structure lifted the finished floor elevation above the minimum required by the U.S. Corp of Engineers and created a walk-up feel. The structural slab supported two levels of the all-concrete home. We topped it off with a concrete “lid” (or attic floor) and then built a sacrificial wood-framed roof to fit in with the local architecture.
Shortly thereafter, we had an opportunity to build single-family homes in Biloxi and Gulfport, Mississippi after Hurricane Katrina. The models on Topsail proved of interest and marketable, and with recent storms ravaging these additional coastal markets, concrete would surely become the desirable construction form. We had not planned, however, on the restraints to our approach that we would soon find. For starters, the storm surge flooding and wind damage from Katrina were so devastating that many residents were too scared to rebuild. Their fear, along with the extremely slow insurance settlements, created an environment in which it was difficult to build our business. In short, the initial homes were attractive and proved their value, but the PTSD they were going through and the lack of cash flow due to the severity of insurance claims prevented any real estate development. We determined that this would linger for some time.
Not long after, the economic recession that started in 2008 forced us to pull back our operations. We did so, and we concentrated once again on Raleigh. During this period, we were able to significantly increase the awareness of cast-in-place concrete housing and commercial properties. Our timing, unfortunately, proved to be not quite right to make a lasting run. We found that building cost would always be our biggest challenge when facing the formidable combination of a cost-sensitive builder and a homeowner or developer who valued surfaces and details over structure and performance… or so it seemed.
Today, as I review my lessons learned, I see that eight out of ten go back to costs in one way or another. In reality, there is not much we can do about the hard cost of constructing with concrete. It is what it is. Our challenge remains to convince our clients that the value of their concrete structure exceeds the cost. This is where Concrete Housing Insight can best be realized today.
A lot has changed in the last 10 to 15 years in the housing market. Global warming’s effects are increasingly noticeable. Hurricanes and tornadoes are fiercer and more prevalent than ever before. High-profile climates are witnessing vast water shortages, and the drier conditions are resulting in torrid wild fires. Simply put, more of our population is now living in “harm’s way,” and they have a need to protect themselves. Additionally, our target housing market now includes the millennial generation who bring a fresh architectural perspective to the marketplace.
About Concrete Housing Insight:
Our company, Concrete Housing Insight, offers consulting services that support the concrete contractor, real estate developer, and individual homeowner during the entire project delivery cycle (land acquisition, financing, planning, permitting, preconstruction, construction and post-construction). Our main objective is to create, develop and direct a project delivery team that can provide the insight and direction needed to give you an edge in the concrete housing market.
Please reach out and let’s discuss how we can help you stimulate your involvement in cast-in-place concrete homes.
For more information: Contact us at Concrete Housing Insight by visiting our website, www.concretehousinginsight.com or sending inquiries to David Pfanmiller.
My Key to Success -Tim Upton
CONTRACTOR OF THE YEAR, 2018
By Lindsey Bloomquist
The Contractor of the Year, presented annually by the Concrete Foundations Association (CFA), demonstrates the service, technology and knowledge needed to advance the use of poured wall construction. The recipient is acknowledged for unselfish commitment to peers, to the association and to the industry, both at their market level and on a national scale. This year’s Contractor of the Year was awarded to Tim Upton of Upton Construction, Inc. out of Gretna, Nebraska.
With little to no experience in poured walls, Upton’s journey began alongside three partners in 1998. “We all had various construction and concrete experience, but not with poured foundations,” said Upton. “The day our shipment of Western Forms arrived, I was humbled and intimidated, to say the least.”
From the beginning of his poured wall career, Upton had an unparalleled amount of respect for the trade. His passion and determination would not only allow him to start his own business, but also would be instrumental in overcoming challenges that could have been detrimental to his business, as well as to his life.
“We were successful and learned a lot along the way together,” said Upton. “Thankful for all my new knowledge and experience, I chose to start my own adventure in business in 2004.”
Upton started with one set of forms stacked on trailers and a skid loader to move them around. He quickly added more forms and a boom truck, and business progressed at a healthy pace. On October 27, 2007, Upton’s life was unexpectedly turned upside-down.
“While out archery-hunting deer, I suffered from a ruptured brain aneurysm followed by two strokes,” said Upton. “After two weeks in a coma, I awoke to paralysis of my right side and cognitive deficiencies. I then spent a month in the hospital and underwent rehab for my ‘new normal life.’”
Unbeknown to Upton, this challenge was going to transform his outlook on life and change the way he looked at his own business. With the help of family, his team, and even competitors, Upton’s business was able to stay on track despite his absence. “I feel that EVERY company has dedicated and hard-working team members,” said Upton. “However, I am certain that we overachieve, day in and day out.”
Upton’s “new normal” required him to look at his business differently. “My new situation forced me to become a better businessman,” said Upton. “To this day, I am still hindered by right-side fine-motor skills and vision. I can no longer perform some of the physical aspects of the footings or walls as well. Before my aneurysm, I was out working side by side with my guys day in and day out, but this involuntarily required me to become more engaged with the business side of things, and I was able to see my company in a new light.”
Upon Upton’s recovery, he gratefully returned to his business and began introducing new tools, new equipment and new perks for his employees. “This is the key to success,” he said. “This is hard work – keep your team engaged and interested. Always be teaching and coaching.” One of Upton’s favorite quotes is: “The customer is not number one; they are number two, right behind your employees.” He strongly believes that a team-first mentality will show through their performance and work, and the customers will, ultimately, win.
This mentality emphasizes the importance of coaching and teaching work skills and ethics even more. “It is about a mindset that is not really talked about, but felt company wide,” said Upton. “We are always trying to think outside the box, innovating and shifting personnel throughout every day to maximize our efforts.”
Upton has been an active member of the CFA since 2011. Taking advantage of the numerous association resources has allowed Upton Construction, Inc. to excel in the forefront of the industry. Through education and invaluable strength and support from his peers, Upton continues to lead his company with pride, gratitude and respect. “We’ve been thriving every year since,” said Upton. “It seems every year is a record year. We are constantly learning, adding manpower, equipment and ideas to get us to that next level, and I’m thankful that we have the resources and the right team to effectively manage our growth.”
Past recipients of the Contractor of the Year award have been active, dedicated and well-known members of the association; Upton is no exception. The outlook he has on life and business has not gone unrecognized. Upton’s reputation goes far beyond this recognition, and greatly validates why he was named this year’s Contractor of the Year.
“Doing things the way they have always been done does little to help grow or improve, and Tim Upton knows that,” said an anonymous, longtime CFA member. “He is constantly looking for ways to improve his efficiency, quality, customer service, employee relationships, as well as advances in the industry.”
Upton’s team-first mentality is not only recognized within his company, but has been well-known and even contagious among the association. “Whether Tim is on the job or not, his crew gets along because he creates a positive environment in the workplace,” said anonymous. “He is quick to joke around with them and gives them space to be independent leaders. When Tim is on the job, he is right there helping and asking what else needs to be done.”
The work environment Upton has created extends far beyond the job site. Upton Construction, Inc. has a break room that includes a kitchenette, full bath, washer and dryer, and lockers for the crew. “This is just another small example of how he thinks about others,” said anonymous. “He makes sure they have the opportunity to leave their work outside of their home.”
Although Upton’s journey was not easy, it positioned him to put his energy into becoming a better businessman and an even better leader. “In the long run, I am thankful for what these challenges have taught me,” said Upton. “But I do not recommend it to anyone! My best advice, either personally or in business, is to always be coaching. As they say, ‘Don’t run people under the bus, get them on with you.’”
Tim was awarded the CFA’s prestigious Contractor of the Year in Midway, Utah during Concrete Foundations Convention 2018, where he was an attendance. On behalf of the CFA staff, membership and board of directors: congratulations, Tim!
For a full list of past Contractor of the Year recipients and to submit an award nomination, please visit www.cfaconcretepro.org.
Mark Lentzkow Becomes Content and Brand Manager for the Concrete Foundations Association
Mount Vernon, Iowa— The Concrete Foundations Association (CFA), the voice and recognized authority for the cast-in-place concrete industry, is managed by the firm Sauter, Baty & Bloomquist, Inc. (SB2). SB2 was established by the former executive director for the CFA, Ed Sauter, along with his partner, James Baty, the current executive director. SB2 has added Mark Lentzkow to their staff to serve association clients as content and brand manager. Mark’s addition comes during additional transitions that are happening with Sauter fully retiring at the end of 2018.
“Mark brings an exceptional eye for consistency and freshness across all our media,” states Baty. “The working relationship we’ve had with Mark as a consultant over the past few years has made an indelible imprint on the professionalism of our resources, and we look forward to the continuation as he begins managing our entire production.”
Lentzkow graduated from the University of Northern Iowa after attending Minneapolis College of Art and Design & the University of Iowa.
“For the past two years, I have been working for the CFA behind the scenes on a part-time/freelance basis,” said Lentzkow. “I use your stories, your ads and your photos to create an impression – an impression that will promote your business in the best, most positive and professional manner,” said Lentzkow. “I look forward to working directly with our members, getting to know their businesses, and promoting them throughout the entire network.”
Lentzkow joined the SB2 staff with CFA headquarters located in Mount Vernon, Iowa and will continue to reside in Peoria, Illinois. He can be reached at mlentzkow@cfaconcretepros.org.
How to Remove Concrete Buildup
By Destry Kenning, Forming Market Segment Manager,
Nox-Crete Products Group
We have reached the end of this series, and this final article is timely, as this time of year many contractors are burdened with hardened concrete buildup on their forms. The hardened concrete makes forms heavier and can lead to more buildup. Stripping the forms takes a long time, and if the forms do not strip easily, they can be damaged in the stripping process. The buildup affects the resulting wall appearance, and this can lead to a whole new set of problems.
In the last article we reviewed what causes concrete buildup on forms. You do not necessarily need to understand what causes buildup in order to remove it, but if you remove the buildup without understanding what caused it then you may find yourself with the burden of buildup immediately following your solution for removal.
You can physically remove the buildup or you can chemically remove it. Each of these processes can be accomplished by taking the forms completely out of service and removing the buildup in its entirety, or by removing the buildup on an incremental basis between pours.
There are several methods for physically removing the buildup, including chipping away with a hammer and chisel, grinding, using a rotary brush wheel or drum, or blasting the buildup with water or another abrasive blast medium. Complete physical removal requires taking the forms out of service for an extended period of time. Once the forms are cleaned, if they are aluminum, they must be re-seasoned.
The use of a hammer and chisel to remove buildup is simply not a good choice, as it can damage the forms and leave visible deformations in the resulting concrete.
Grinding can yield a similar result, as it damages the forms and leaves grinder marks that become visible in the resulting concrete.
Rotary brushes can be effective if the correct bristle composition is used, but this method is typically slow and not effective on anything other than very light buildup.
Physically removing the concrete buildup from form surfaces with water or abrasive blast media is the most common method for metal forms (aluminum and steel); and although it is the most expensive method, it is usually 100 percent effective. However, some types of blast media can pit or etch the forms, which can enhance the adhesion of any future buildup that might occur. In addition to the high cost, this process requires the re-seasoning of aluminum forms, not to mention the loss of productivity while the forms are out of service.
Using any of these removal processes on plywood forms could potentially damage or remove the thin overlays on the form surfaces. Although concrete cannot chemically bond to overlaid plywood forms like it can on aluminum forms, it still has the capability to physically bond to the overlays. While the physical bonds are not as strong as chemical bonds, extra care needs to be exercised in the removal of buildup, due to the delicacy of the overlay laminate surfaces.
There are a myriad of processes for chemical removal, some of which are quite effective, while others are essentially ineffective on buildup – especially when the buildup is saturated with form oil or form oil reaction products.
Form oil and form oil reaction products interfere with the chemical cleaner’s ability to dissolve the buildup and, consequently, they must be removed with some type of a detergent prior to applying the chemical cleaner. Some proprietary products have a built-in detergent to eliminate the need for pre-cleaning.
This form oil needs to be removed with a detergent prior to acid cleaning, unless the acid-cleaning product contains a detergent.
Nearly all chemical removal processes utilize some type of acid to break down the buildup. Harsh mineral acids, such as hydrochloric acid (also known as muriatic acid in a diluted state), are very effective at removing the buildup, but will also remove the seasoning and are even capable of dissolving the aluminum. Because mineral acids are potentially harmful to the aluminum, extreme caution should be exercised to avoid permanent form damage.
Other, more proprietary products utilize organic acids that are still quite effective at removing buildup, but will not remove the seasoning or damage the aluminum. The downside of all acids, mineral and organic, is that their performance is largely driven
by form and air temperatures. None of these chemicals can be used at temperatures below freezing, and their performance is greatly reduced at temperatures between freezing and 50° F (10° C). For maximum performance, these products should be used in warm weather without direct sunlight exposure, which can dry out applied films before they have a chance to dissolve the concrete. Generally, all of these chemical cleaners require some degree of scrubbing and pressure washing for full effectiveness. These products are typically not cost- or performance-effective on buildup that is thicker than 0.125 inches (3.18 mm).
Lastly, there are a few chemical products available that not only function as release agents, but also as buildup removers. These products are highly reactive form-release agents that can soften and ultimately eliminate hardened buildup through repeated use, as long as you have addressed what is causing the buildup. It is best to apply this type of product to the buildup as quickly after the forms are removed as possible. This will give the product the most amount of time to soften old buildup and will prevent any new buildup from continuing to harden. Correct use of a form release agent will help eliminate buildup over multiple pours; however, it is possible to get new buildup faster than you remove the existing buildup, or to continue to develop buildup on other areas of the forms, if you do not properly address what is causing it.
As discussed in an earlier article in this series, most contractors are applying the release agent to the forms from the top of the forms – after the forms are set. This will reduce the effectiveness of the form release agent/build-up remover, and your results will be limited until your process is corrected. All clean form surface areas need light applications, and areas with buildup require heavier applications that effectively saturate the buildup. Low viscosity form release agents are most effective because they can penetrate buildup much better than thicker, or higher-viscosity, products.
Form release agents will be the most effective way to deal with buildup on plywood forms, but again, if you are unsure what is causing the buildup, then there may be no added benefit to using a product of this type. Concrete sticking to the plywood overlays can ultimately lead to the overlays sticking to the concrete upon form removal, so it is crucial to correct the cause, remove the buildup, and proceed with a process that will maximize the life of your forms.
Due to their highly reactive nature, form release agents require careful application procedures and rates.
In the end, the degree of concrete buildup, the weather conditions, how much time you have to get the forms cleaned, and how much you can afford to spend for clean-up will govern your decision on how to proceed.
Letter From the Director
Spring Will Arrive!
“I am done with winter!” I’ve heard this statement throughout my community, noticed it in most conversations with members and others that use us for our information resources, and seen it plastered across news and social media. Yet, I’m reminded that we have only had six weeks of it. While short, it has been intense, depending on where you are located.
What does post-2019 winter look like? It is filled with a plethora of opportunity. I don’t think there is anything I enjoy more than talking about opportunity – perhaps dreaming up more ways to create opportunity. In this issue of the magazine, we are presenting the entire industry with information on a new resource, Concrete Housing Insight. This is the project of a new CFA consulting member and a name many may recall, David Pfanmiller. With the returning interest, we are now able to pair passion and experience to that interest and help you find a way to truly deliver impactful and effective concrete housing. If you have been struggling to answer the question of how to do it or, even, if you can do it, Concrete Housing Insight is the partner you will want to reach out to.
I’m also passionate about your story. For members, you were recently introduced to our Contractor of the Month campaign and what is happening at Atkins Brothers Concrete Wall, Inc. in Beavercreek, Ohio (who were our first Contractor of the Month). This issue of the magazine features the inspiring story from our Contractor of the Year 2018, Tim Upton of Upton Poured Walls. I am anxious for you to read it and compare it to your walk. You each have a story to tell, and this industry has been built upon story after story of contractors who have persevered, overcome, endured and conquered their giants.
As we begin to see winter turn toward the hope of spring, we also anticipate the success of some of our educational projects. Cranes 101 will be conducting our first Crane Operator Certification Course in Tiffin, Ohio at the headquarters of Irving Equipment (March 13-15), and Euclid Chemical will be hosting the next Rocky Geans Construction Business School (RGCBS-Cleveland, April 4-5). Between those two events lies ACI’s Fall Convention in Quebec City, where the CFA Board of Directors will be meeting and finalizing plans with me on the spectacular Concrete Foundations Convention 2019 in Denver, Colorado (July 25-27). There are, simply, more and more opportunities coming every day.
But still, for most of the contractors in this space, opportunities that are event-based are hard to accommodate. Whether it is time or travel dollars, there are tough decisions to make. That is why CFA continues to create opportunities within the scope of our resources. Our new North American affinity program with Business AdvantEdge offers any CFA member the chance to drive generous discounts in everyday purchasing and services. These savings provide a way for you to set your vision on CFA membership and to engage with our events, places and networks. This will, in turn introduce you to broad solutions and strategies that will help you continue to make your business the best it can be.
Opportunities – that’s what the CFA is about. Pick up the phone or get out your keyboard and make it happen!
MARK LENTZKOW BECOMES CONTENT AND BRAND MANAGER FOR THE CONCRETE FOUNDATIONS ASSOCIATION
Mount Vernon, Iowa— The Concrete Foundations Association (CFA), the voice and recognized authority for the cast-in-place concrete industry, is managed by the firm Sauter, Baty & Bloomquist, Inc. (SB2). Established by former Executive Director for the CFA, Ed Sauter along with partner James Baty, current Executive Director, SB2 has added Mark Lentzkow to their staff to serve association clients as content and brand manager. Mark’s addition comes during additional transitions with Sauter fully retiring at the end of 2018.
“Mark brings an exceptional eye for consistency and freshness across all our media,” said Baty. “The working relationship we’ve had with Mark as a consultant over the past few years has made an indelible imprint on the professionalism of our resources and we look forward to the continuation as he begins managing our entire production.”
Lentzkow graduated from the University of Northern Iowa after attending the University of Iowa and Minneapolis College of Art and Design.
Lentzkow joined the SB2 staff with CFA headquarters located in Mount Vernon, Iowa and will continue to reside in Peoria, Illinois. He can be reached at mlentzkow@cfaconcretepros.org where interested member companies for advertising in Concrete Facts can find out more information and communicate on opportunities, timing for issues and more.
“For the past two years I have been working for the CFA behind the scenes on a part-time/freelance basis,” said Lentzkow. “I use your stories, your ads and your photos to create an impression, an impression that will promote your business in the best, most positive and professional manner,” said Lentzkow. “I look forward to working directly with our members, getting to know their business, and promoting them through out the entire network.”
The CFA is a voluntary, nonprofit association that brings together concrete contractors and professionals nationwide to improve the quality of cast-in-place concrete walls and foundations. The CFA provides promotional materials, educational seminars and networking opportunities to its members and the industry. CFA also works on behalf of its members and the entire industry to develop support and influence code bodies. For more information about CFA, please visit www.cfaconcretepros.org or call (319) 895-6940.
Responding to an OSHA Inspection (Part 1)
By Mark A. Lies II & Elizabeth Leifel Ash
Editor’s note: This is the first part of a multiple-part series offering advice on interactions with an increasing level of OSHA inspection activity. Perhaps the number-one inquiry received right now at CFA headquarters is for advice on how to handle these inspections and, at times, the citations that result. Remember, no matter how prepared you believe your company to be or how infrequent this issue comes to you, with the rising number of critical safety issues found in the new regulations – such as fall protection, silica and now crane operator certification – it is only a matter of time before these conversations come to you. CFA is an advocate for the concrete contractor in all of these situations.
INTRODUCTION
Fortunately, most employers will likely never be involved in an OSHA inspection. For those employers who do become involved, however, the initial response can range from mere annoyance to sheer panic. Unfortunately, if the employer does not respond appropriately from the outset, there is a potential for waiving important legal rights, civil citations, and, if there has been a fatality, potential criminal liability. This article (Part One) will identify a general strategy that can be utilized at the outset of the inspection. Subsequent articles will discuss recommendations to implement once the inspection has commenced.
OUTSET OF INSPECTION
When OSHA seeks to conduct an inspection, it must have legal probable cause to do so. Thus, when the inspector arrives and announces his or her intent to conduct an investigation, the employer representative should be prepared to ask the inspector for his credentials and then inquire as to the basis for the inspection, before agreeing to allow the inspection to proceed. Typically, the inspector will inform the employer representative that he is there because:
- There has been a written employee complaint filed alleging a hazard.
- There has been an accident (since the employer must notify OSHA of an accident within eight hours of an employee fatality, or of three or more employees getting injured in one incident and requiring medical treatment).
- The agency has selected the employer for an inspection based upon a program developed by the agency to address or target a specific workplace hazard (e.g. lead, asbestos, forklifts).
The compliance officer is required to inform the employer as to the basis for the inspection. In the event that it involves an employee complaint, the employee representative should ask for, and is entitled to receive, a copy of the written complaint (without the name of the complaining employee). Likewise, the employer representative should ask for information on the specific programmed inspection that the inspector is relying upon. Once this information is provided, again, before deciding whether to allow the inspection, it is critical for the on-site employer representative to immediately contact senior management, as well as legal counsel, particularly if there has been an accident involving personal injury or significant property damage. The senior management can then discuss whether or not to allow the inspection, who the employer will select for its inspection, who the employer will select for its walk-around team, and what the scope of the inspection will be at the site. The employer representative should inform the inspector that this contact is occurring and that the employer will respond in a timely fashion as to whether it will voluntarily (without a search warrant) allow the inspection. The inspector is required to wait a “reasonable time period” before commencing the inspection, to allow these communications, where senior management and the employer can designate walk-around representatives.
EVALUATING PROBABLE CAUSE
The employer’s senior management, now confronted with the potential inspection and the basis for it (i.e. employee complaint, accident, programmed inspection), must decide whether to allow the inspection, and they must decide this in a timely manner. In deciding, management should consider the following matters:
Employee Complaint
- Is the complaint valid?
- Does it identify the correct workplace, employer or equipment?
- Does it identify a hazard that does, in fact, exist at the worksite?
Accident
- Did an accident involving the employer, in fact, occur?
- Is the accident scene still in existence, or have the conditions changed? (Note: If the accident involved a fatality, the scene is considered immediately “frozen” and cannot be changed until OSHA commences its inspection and “releases” the site. The only exceptions are to allow the employer to shut down equipment that may be hazardous to employees; to respond to a hazardous materials incident, such as a spill or release; or to remove human bodily remains resulting from the accident.)
Programmed Inspection
- Does the employer fall within the criteria for the programmed inspection (i.e. does the hazard exist at the workplace)?
- Does the employer have another basis to challenge its selection under the program criteria (e.g. its accident, injury or illness statistical data fall below the criteria for authorizing the agency to conduct a programmed inspection and thus the employer should be exempted from the inspection)?
The process of evaluating the foregoing inspection bases should include the employer’s safety and health professionals; senior operations personnel; and, particularly when there has been a fatality, serious personal injury or significant property damage, legal counsel.
SCOPE OF INSPECTION
Assuming that the employer has decided to allow an inspection on a voluntary basis (the employer also has the option to demand a search warrant from the agency, which is a technical legal decision that must involve legal counsel), the next issue will involve the scope of the inspection – that is, where will the inspector be permitted to go at the worksite and what operations will the inspector be allowed to view. This determination is also critical. If the employer allows the inspector broader access than would be allowed to evaluate the “hazards” identified in the employee complaint, the “accident” site area, or hazards that are outside the scope of the hazard referenced in programmed inspection, then the employer is subject to citations for anything that the inspector observes. This is because the employer voluntarily allowed a broader inspection to occur. Whatever the inspector observes during the walk around that is in plain view is subject to citation.
Of necessity, this employer determination is on a case-by-case basis, considering the differing worksite operations and the bases for the agency’s inspection. Once this determination has been made by management, which should occur expeditiously, it will be necessary to communicate this determination to the inspector. This way, the employer and inspector can reach an informal agreement, if possible, regarding the scope of the inspection.
CONCLUSION
The on-site employer representative must immediately initiate the employer’s assessment of the bases for the proposed inspection. This initial work must involve appropriate senior management and legal counsel in the proper circumstances. Unless the employer has preplanned for this contingency with the onsite representative initially interfacing with the inspector as indicated above, the employer’s ability to control the inspection will be lost through confusion and indecision.
About the author:
Mark A. Lies, II is a labor and employment law attorney and partner with Seyfarth Shaw LLP, located at 233 S. Wacker Drive, Suite 8000, Chicago, Illinois 60603. He can be reached by phone at 312-460-5877 or by email at mlies@seyfarth.com. He specializes in occupational safety and health law, related employment law, and personal injury litigation.
