Concrete Facts Magazine Online

Visible Pour Lines – Are They A Problem?

This article was originally written for and published in Concrete Contractor magazine by ForConstructionPros.com on May 16, 2014.

What to do when customers worry the pour line is a crack in their new concrete.

 

Question: A recent project we were completing was held up when our homeowner ventured to the site to see the concrete work we had just unveiled during stripping of the forms. Across one wall was a visible line we commonly know to be a pour line, but immediately the concern was “my foundation is already cracked,” what can we do to reassure our customer?  – Concrete contractor from Indiana

Answer: We will agree that this is a very common inquiry that we receive from the market. Occasionally the contractor defending their work brings it to our attention and sometimes it is by the customer looking for third party assistance, in either challenging the work or relieving their concern. Regardless of the purpose or direction for the inquiry, the reality is that blemishes and visible record of concrete placement is a natural part of the cast-in-place process, particularly when higher aesthetic standards or specifications are not set for the project.

A Change in Load

The vast majority of the occurrences for these diagonal lines in a cast-in-place are the indication of a change in concrete load during placement. When a contractor is placing concrete in vertical formwork, regardless of the placement mechanism (e.g. concrete pump, conveyor or direct chute), the truck placing the concrete will run dry and a change is made.  Concrete trucks traditionally carry between 7 and 10 cubic yards of concrete while an average 3,200 square-foot house foundation requires between 50 and 60 cubic yards of concrete.

Most residential lots have considerable restrictions on the movement of vehicles due to lot lines and other traffic congestion, therefore only one truck at a time is able to deliver its load. When one finishes and moves out, the next moves in and placement resumes.

Depending on the amount of time between starting and stopping, the concrete in the forms has already been vibrated by the crew waiting on the placement to resume. As the new load is placed, the contractor will resume vibrating the fresh concrete but may not extend the vibrators fully between the previous placement and the new concrete. This results in what the industry refers to as a “pour line” or a slight variation of color or texture that may indicate a natural color variation in the concrete, a different rate of compaction or vibration and most likely the difference in hydration stage of the fresh concrete.

Concrete begins hydrating the moment mixing begins of the cementitious particles and water. There are multiple stages or benchmarks for the hydration process that range from mixing to initial set, final set to design strength, etc. The contractor should fully recognize the stages of workability and to make certain that initial set is not reached between placements.

When Cold Joints Appear

If this happens, rather than a “pour line” between concrete placements, a “cold joint” will occur. A cold joint is where the previous placement hardens prior to the receipt of the next placement and the result may be a reduction of the monolithic behavior for the concrete element, in this case a foundation wall.

Professional concrete contractors can easily identify if the concern for a cold joint is present and can plan to remediate the problem should that occur before they start the next placement. However, should a serious concern exist for a cold joint over a pour line, there are non-destructive methods to core and examine the concrete before making the final determination of the best way to proceed.

Wall sections that have cold joints and steel reinforcement are likely to still perform adequately due to the combination of shear transfer across the joint due to the steel reinforcement bars and the coefficient of friction at the rough joint. An engineer may also review the joint if sufficient concern exists.

Check the Guide

ACI 309.2R-98 – Identification and Control of Visible Effects of Consolidation on Formed Concrete Surfaces (American Concrete Institute, www.concrete.org) can be a useful guide to a complete description of the presence of these diagonal lines. From section 2.5 of this document:

“Placing concrete too slowly may allow workability to be lost and can produce layer lines or cold joints due to improper consolidation. Undervibration is far more common than overvibration and may be caused by the following: 4. Failure of the vibrator to penetrate into the preceding layer.”

The question is a good one to start the conversation between contractor and customer on the quality of their wall and the performance issues that the owner will be responsible to maintain. While the diagonal pour line is very infrequently a cause for concern for any issue of performance, especially for walls receiving dampproofing and/or waterproofing treatments, the discussion of the long-term maintenance goals for proper grade and foundation care will lead to decades of proven value and performance.

Want to know more?  Contact CFA Managing Director, Jim Baty at 319-895-6940 or by email at jbaty@cfaconcretepros.org. The Concrete Foundations Association is a national association for professionals with the mission to support the cast-in-place contractor as the voice and recognized authority for the residential concrete industry. ACI 332 is the Residential Concrete committee for the American Concrete Institute and as a code committee is seeking professionals from all aspects of this industry with an interest in participating in the development of expanding and strengthening this concrete code.

Exciting Business Opportunity Available for Enthusiastic Self Starter

Exciting Business Opportunity Available for Enthusiastic Self Starter

Western Forms, the world’s leading innovator, manufacturer, and supplier of aluminum concrete forming systems is seeking a Regional Sales Representative for the Northeastern United States.

Responsibilities:
• Work personally with concrete contractors and dealers.
• Manage current and new business, demonstrating how your customers can reduce costs and grow their business.

Duties:
• Develop long-term personal relationships with contractors
• Demonstrate how/why Western Forms systems can yield the highest return on investment of any comparable system.

Qualifications:
• Bachelor’s degree, and/or equivalent experience
• Self-motivated, independent, and ready to travel
• 5-10 year’s sales/technical experience in construction related industry preferred
• Currently living or willing to live in the Northeast

Excellent compensation and benefits package available.
Email resume to: jobs@westernforms.com

Precise Forms Announces Retirement of Vice President, Jim Crain

After 45 years of industry service, Crain sets sights on a new future

June 11, 2014 – Bates City, Missouri

 

Precise Forms, Inc., manufacturer of aluminum cast-in-place concrete forming products and accessories, proudly announces changes to its leadership with the retirement of long-time Vice President of Sales & Marketing, Jim Crain.

 

“It is with excitement that I’m taking on a different phase in my life,” states Crain.  “I have been in the poured wall industry since the late 1960’s and have seen many changes not only in methods and processes but have seen many second generations take over the family businesses.  It has been a true pleasure meeting and working alongside many of the CFA members over the years dating back to the PCWCA days and the original founding group.  My involvement with the CFA has provided so very many benefits and educational issues to me personally as well as Precise Forms, Inc. I could not imagine my professional career without the CFA.”

Effective this past April, Jim officially retired from 45 years of service to the industry with Precise to pursue interests in special isolated projects for the company.  Precise has named Mike Pickell, mpickell@preciseforms.com, as the new Vice President of Sales for the company.  He will serve in all capacities for Precise Forms that Jim had previously been known throughout the industry for providing.  This includes the CFA and its members in their interests and needs for removable forming.

As for Jim…”I will continue working full time for the remainder of 2014 and then take a greatly reduced role starting January 1, 2015 on special projects.”

When asked about his reflections of his involvement with the CFA and the 40 years of history that has been logged together, Jim offered, “I want to express my deep appreciation and gratitude to the CFA and its members for the kind consideration that was granted me over the decades. It has been a wonderful journey and I have met the most interesting and quality people in my 45 plus years in the poured wall industry. Thank you all from the bottom of my heart.”

 

About Precise Forms

Precise Forms has been manufacturing aluminum concrete forms since 1967. As a leader in the concrete form manufacturing industry, Precise has set the highest quality standards for concrete form production. In the early years Precise produced concrete forms primarily for footings and basements. Since then, Precise has expanded to meet market demands such as precast concrete, concrete homes, commercial, international development, as well as any other concrete form design that has been required.

Today, Precise is adding valuable technologies to partner with its proven forming technologies.  These include Helix^TM Micro-Rebar and the EASI-WALL System for insulating concrete foundation walls.  For more information on Precise and the company’s full line of products and services, visit www.preciseforms.com or contact their sales department at info@preciseforms.com.

Precise Forms, Inc.
201 North Spruce, Bates City, MO. 64011

800-537-0706 (toll-free phone)  |  1-816-690-3400 (local phone)  |  1-816-690-0080 (fax)

CFA Foundation Fundamentals

Positive Drainage…Curing Compound…Fluid Pressure? What were those words the foundation contractor used during our meeting yesterday? Construction projects, like so many other business endeavors, are not without communication problems between parties. Many are associated with terminology that is common to the contractor, yet distinctly foreign to the customer or owner.

Although the following list of frequently used terms is not exclusive to the foundation construction industry, these terms are certainly used often in that arena. Understanding them increases your ability to communicate with the foundation contractor and allows for a more satisfying project. By taking the time to learn some basic terms, you ensure your needs are met.

Admixture

Concrete is composed of water, aggregates and cement. Materials other than these, generally liquid and not considered reinforcing, that are added to the mix before or during mixing are considered admixtures.

Backfill

Material, such as gravel or soil, placed in an excavated space, generally around a foundation or retaining wall.

Bulkhead

A partition in formwork blocking fresh concrete from a section of the form, such as at a construction joint or wall end.

Concrete, reinforced

Concrete that contains deformed steel reinforcement and is designed on the basis that the two materials act together in resisting forces.

Concrete, unreinforced

Concrete that does not contain reinforcement for structural purposes. It is also referred to as “plain” structural concrete. Such concrete may include horizontal reinforcement that is placed to reduce temperature and shrinkage cracks.

Curing compound

A liquid that coats the surface of newly placed concrete to retard the loss of water or reflect heat, providing an opportunity for the concrete to develop its properties in a favorable temperature and moisture environment.

Dampproofing

A treatment of concrete to retard the passage or absorption of water or water vapor. Examples include tar or polyethylene sheeting.

Equivalent fluid pressure

The pressure applied to a construction from granular-like materials, such as soils, exhibited as a fluid-like force. The applicable equivalent fluid pressure varies for each type of soil.

Expansive soil

A soil that changes in volume due to variation in moisture content.

Flat wall

A conventionally formed concrete wall with flat surfaces.

Footing

A structural element that transfers loads directly to the soil.

Foundation

The structural elements through which the load of a structure is transferred to the earth. Foundation wall The structural element of a foundation that transfers the load of a structure to the footing or soil. A foundation wall includes basement and stem walls.

Hydrostatic pressure

The force exhibited as a live load, applied by water acting on a surface.

Joint

A physical separation in concrete, including cracks, intentionally made or forced to occur at specified locations.

Joint, contraction

A groove in a concrete structure, either formed, sawed, or tooled, to create a weakened place to regulate the location of cracking resulting from the dimensional change of different parts of the structure. (Also known as a control joint).

Joint, isolation

A separation between two individual components of a concrete structure, usually a vertical plane, designed to interfere with the performance of the structure, yet allow movement in three directions and avoid the formation of cracks else where in concrete.

Keyway

A recess or groove in one placement of concrete, which is filled with concrete of the next placement giving shear strength to the joint.

Lateral Pressure

The force exerted in a horizontal direction on a structural member.

Positive drainage

Grading used to control and direct the flow of water around and away from a structure.

Slab-on-ground

A slab which is unreinforced or reinforced and continuously supported by ground, and whose total loading, when uniformly distributed, would impart a pressure to the grade or soil that is less than 50 percent of the allowable bearing capacity thereof.

Slump

A measure of consistency for freshly mixed concrete determined by measuring the amount of drop in a molded specimen of concrete immediately after removal of the slump cone.

Subgrade

Soil prepared and compacted to support a structure or a pavement system.

Unbalanced fill

The difference in height between the exterior and interior finish ground levels. Where an interior concrete slab is provided, the unbalanced backfill is measured from the exterior finish ground level to the top of the interior concrete slab.

Waterproofing Material

A long-term protection treatment to prevent hydrostatic water intrusion. Examples include elastomeric membrane or drainage with a bonded, crack-bridging coating or sheet; or an unbonded, elastic or semi-rigid sheet system.

Final Thought

Too often, miscommunication occurs between homeowners and foundation professionals because of a misunderstanding of terms. With a clear understanding of each others’ language, everyone clearly comprehends the project’s goal and objectives. Learning this language from the project onset creates a vehicle for clear communication. Open lines of communication begin when everyone is speaking the same language, and is the first step to ensuring a successful project.

 

OSHA’s National Safety Stand-Down for Fall Prevention

OSHA is promoting a national Safety Stand-Down during the week of June 2-6, 2014 in an effort to raise awareness among employers and workers in the construction industry about the hazards of falls. The Concrete Foundation Association (CFA), www.cfawalls.org, fully supports the program and strongly encourages all of its member companies to participate in this awareness event.

Fatalities caused by falls from elevation continue to be a leading cause of death for construction workers, accounting for over a third of all construction fatalities recorded in 2012. The majority of those deaths were preventable.

The Safety Stand-Down is a voluntary pause during the workday to allow dedicated time for employers and employees to focus on recognizing hazards and preventing falls. The time can include toolbox or tailgate talks, safety presentations, or discussions on specific topics like ladder safety, scaffolding safety and the proper use of aerial platforms. The meeting provides information to workers about hazards, protective methods, and the company’s safety policies, goals and expectations. The program is a part of OSHA’s fall prevention campaign to plan, provide and train – three simple steps to prevent falls. This should be included as part of a Stand-Down discussion.

The CFA has produced an extensive alternate fall protection training and implementation plan for its members.  The content for this AFPP, compliant with section 1926.502 (k), can be obtained by contacting Jim Baty, Managing Director for the Concrete Foundations Association or by calling 866-CFA-WALL.

Falls are preventable incidents that you can address when you plan, provide and train. Take this opportunity and join many others in this National Safety Stand-Down. Don’t wait, sign up today, plan your event and improve safety on your work site.

Learn more about the Safety Stand-Down on OSHA web site, www.osha.gov/StopFallsStandDown/index.html. Managers are encouraged to plan a stand-down that works best for their workplace anytime during the week of June 2-6, 2014.

Responsibilities for all personnel on a concrete pour are now specified in ASME B30-2014

The American National Standard for material placement system safety is ASME B30.27.

(Material placement systems are concrete pumps and concrete conveyors.) 

ASME has released B30.27-2014.  It is currently available as an electronic download and as a printed booklet.  The date of issuance was March 26, 2014.  It becomes effective one year after the date of issuance.

The major changes in B30.27-2014 versus the 2009 edition are the addition of translation requirements for companies importing equipment into the United States from other countries, and the addition of responsibilities for all personnel when a material placement system is used on a concrete pour, from the general contractor to the concrete mixer truck driver and everybody in between.

The responsibilities section was adapted for use in B30.27 from the B30.5-2011 (mobile cranes) standard, which has been in effect since January 2012.  The reason for the responsibility delineation is to give everyone involved in a concrete pour the knowledge needed to complete the pour safely.  If specialized training is required, it is shown.  Expectations of setup locations are spelled out.  What an operator should know, and the items a contractor should consider when ordering a machine are listed.  The only way everyone can go home safely after the pour is if everyone knows their piece of the safety puzzle and works to accomplish it.

ASME B30.27-2014 contains information that should be of interest to everyone involved with concrete pumping or concrete conveying.  It is advisable to obtain a copy and implement any changes necessary to ensure compliance with the specifications. It is assumed that the specifications will be used by regulatory (OSHA) and legal entities (attorneys) as a benchmark against which the players on a concrete pour will be judged.

B30.27 is republished on a five-year cycle.  The 2009 version of B30.27 became active in June, 2010 and will be in effect until March 26, 2015.  The 2014 version will remain in effect until one year after the next revision is published.

Copies can be obtained from the American Society of Mechanical Engineers (ASME).  Go to http://www.asme.org/ use the ‘codes and standards’ link; then enter B30.27 into the ‘keywords’ field or direct to the information page here.  The standard is also available from Global and other standards retailers.  Because of severe restrictions placed on the .pdf version (one user, no printing), I recommend the paper version.

Questions or requests for interpretation regarding the ASME standard should be addressed to:

Secretary of the B30 committee, ASME, Three Park Avenue, New York, NY 10016-5990.

Contractor’s Footing-Form Innovation Becomes a Competitive Advantage

Published by Concrete Contractor Magazine, April 23, 2014

 

In the early 1990s Barry Herbert, then president of Otsego, Mich.,-based concrete contractor Herbert Construction Co., learned an alternative method for forming footings. Barry spoke with Ron Colvin, a concrete contractor from Berrien Springs, Mich. about footing construction. The two had become friends through their membership with the Concrete Foundations Association of North America (CFA). Colvin had eliminated the typical two-by-four construction of footing forms.

My father Barry, my brother Mike, and I, visited Colvin. He showed us a couple of his job sites where we saw the forming system in action. The system used thin-gauge metal forms instead of wood. The forms were simple to set up and prepare for concrete placement. Once the concrete was placed, the forms were easily removed and ready to be used again.

We decided to implement the system in our own company. We hired a steel company to cut and bend the metal and set about teaching our field crews to use the system. It was easy to learn and simple to use, which shortened the learning curve.

Read the complete article.

Marketing Corner: Building Your New Marketing Program

Q&A WITH NORTHERN CONCRETE

Leveraging digital media and relationships may be about as far from your mindset as a concrete contractor as is venturing into new market such as high-rise core construction. The complex world of Google, Yahoo, facebook, LinkedIn, twitter, instagram, Pinterest and a host of others has for many turned competent and savvy business minds away from what is potentially the most significant frontier for your business.

Consider this, today’s Millennium generation is learning at breakneck pace and is applying their skills at any moment in a multiplicity of ways. In order to reach them and reach them effectively, your company must begin to consider the best ways to make your information both relevant and convenient. Starting now can make a significant impact on both the learning curve and the leadership that you evidence to the industry.

The real problem, however, is that like any business model modification, there are great risks at stake. Risks that involve hiring new staff or identifying staff resources that can be reallocated or redirected. Risks that consist of what information should you present, how much information should you offer and who should you be targeting. These are not uncommon to any other business element that you have investigated in the past, they just become perceptibly uncomfortable due to how big the environment for decision making is and how seemingly uncontrolled the audience may be.

In this edition’s look at current marketing strategies, CFA Managing Director, Jim Baty sits down with Matt Kapinos of Northern Concrete to take a look at their digital marketing program and the use of effective monthly email newsletters.

Their ‘Solid Process. Solid Results.’ newsletter is a strong collection of industry news, feedback on influences affecting their market and often a dose of light-heartedness that helps their customers become more engaged with them as an information resource.

CFA: Good afternoon, Matt. Thanks for taking the time to discuss some of these questions I have for our readers about your monthly electronic newsletter. I’m really enjoying receiving this each month.

Matt: Thanks for the opportunity. I’m glad you like the newsletter. It has been a fun product for us to pursue as we look for new ways to create lasting relationships and reliability for our customers.

CFA: How long has your company been producing an electronic monthly newsletter?

Matt: We started early last year, but were fairly intermittent. I have committed to one per month to the commercial, agricultural, and residential market segments, and one to anyone related to education to help promote careers in construction. This means I’m now producing four newsletters so in a pretty short timeframe we have identified the effectiveness of this communication tool to our markets.

CFA: That is fantastic. I’m surprised by the big jump in commitment your company has made. Before going electronic, were you producing any kind of a printed newsletter or other regular communication?

Matt: No, not to my knowledge. We had never really spent much time thinking about communicating on a regular basis to our potential market and active customer base related to areas of interest and things our company is doing.

CFA: With four separate newsletters across those markets, there must be variation in the recipients and the distribution of your information. How would you describe the distribution list that receives your communication (i.e. regional size, customer demographics, etc.)?

Matt: Yes, to say the least. Our residential market is northeast Wisconsin. That consists of about 230 recipients and is comprised primarily of residential builders. The commercial market for us is primarily Wisconsin and perhaps a few outside the state. This group again consists of about 230, including design build firms, general contractors, architects, etc. Our agricultural market consists primarily of dairy producers in northeast Wisconsin. There are some key contacts from around the state as well and that list has about 250 recipients. Our educational market is small, but growing at about 75 recipients. Here we focus on including technical education instructors, teachers, administrators etc.

CFA: That is quite a variety and yet surprising similarities between the different markets and the size of the respective customer bases. I would imagine it has taken a fair amount of time to develop them. I’m curious for our readers if you have any examples of good feedback you have received from anyone receiving the product?

Matt: We have had great feedback from the educators. They like that someone is interested in promoting non-college careers as a viable choice for young people. That newsletter offers them a chance to look inside our market and identify skill sets and employment needs of the market we serve. Regarding our residential product, we have had at least one builder request a quote from our email marketing, a potential customer we had not been doing business with prior to identifying them through this marketing effort.

CFA: Would you say the responses indicate your information appears safe and of interest to your readership?

Matt: Definitely. We try to use it less as a direct call to action…a “send us your project to bid” piece, and more as a subtle reminder of our company. That is why very little of the content says BUY FROM US. We work hard to keep more information related to the industry, the economy in general, trends, current events, and usually a little something funny at the end just to leave people with a smile.

CFA: Yes, we had a good laugh ourselves when your last issue provided tweets about cold weather from #PolarVortex. One of my favorites…”@JohnnyWalsh – It’s so cold outside, my hearing aids didn’t start this morning.”

CFA: Do you have a particular story of a relationship improved or a customer gained from these communications?

Matt: We’re still working on that builder I just mentioned but otherwise, no, not directly. I can tell you that our open rates—the percentage of people we send to who open our emails– is typically high 30s into the 40’s. Being that we just started in earnest in the last couple of months, I would say I hope to have some better examples of this type of thing next year about this time.

CFA: Okay, Matt, the big question really is, how much staff time would you estimate you have in this monthly communication product?

Matt: Obviously, we have committed to this type of marketing and this effort to produce a great deal of information to our key markets. I would say we probably have a good 10-12 hours per month in producing four of these newsletters. I am getting faster and more efficient. I would say that will come down.

CFA: That really isn’t that bad at all, at least not from my perspective. It helps that you are accessing and organizing thoughts from other resources and pulling together information that may be quite scattered. Matt, thanks so much for spending some time with us and most importantly, for stepping out and providing this leadership effort for other companies across the residential market.

Matt: My pleasure. Thanks for asking us about our product. It is good to interface with readers and we like networking with other companies, particularly those relationships we have begun to find in your Association. In case anyone is interested, MyMarketingCafe.com did an article on our digital/social media footprint that we were pretty pleased with. Access it at http://www.mymarketingcafe.com/ digital-marketing-success-how-oneconcrete- company-does-it/

CFA: Super. We’ll enjoy taking a look and when this article hits our website, that link will be active for anyone to visit the online version of Concrete Facts found at www. cfawalls.org for a quicker way to get to the information as well as returning to the information when it becomes of interest as a reminder.

Northern Concrete maintains a weekly blog on their site accessible directly from http://www.northernconcreteinc. com/blog/. You can get a feel for where a lot of their content comes from and begin to identify ways of integrating a similar solution into your business. CFA members can check out a new discussion thread in our LinkedIn ‘CFA Members’ group where we will be finding out more from others testing the waters or maturing in their approach to digital marketing.

Does your company have a monthly newsletter? Is it in print or electronic? Would you like to share some of the insights you’ve gained from initiating such an effort? We’d like to chat with you about it and make it an opportunity for others in this professional network to learn from as well.

Contact Information:

Jim Baty, CFA Managing Director, jbaty@cfawalls.org | 866-232-9255

Matt Kapinos, Northern Concrete, mattk@northernconcreteinc.com | 920-863-3043 x223

OSHA Whistleblower Investigations

Employers need to make sure their policies and practices do not violate the law

by Jim Rogers, jimrogers@asu.edu

 

As contractors, we are all aware of OSHA and its role in protecting the health and safety of our workforce. Many contractors send their personnel to receive training related to record keeping requirements and job site regulations; however, one area that is often overlooked relates to the laws under OSHA’s jurisdiction that protect “whistleblowers”. People generally associate this term with an employee who “turns in” an employer for unsafe practices. While this is certainly an accurate association, there are much more subtle forms of whistleblower violations that an employer may engage in, some of which may not even be recognized within the company.

The OSH Act, signed into law in 1971, created the Occupational Safety and Health Administration within the U.S. Department of Labor. The OSH Act requires employers to provide a safe and healthful workplace for all employees. This general requirement is also known as the “General Duty Clause” and all of the published OSHA standards, such as the 29 CFR 1926 Construction Industry Standards, are basically extensions of this general requirement. The Act also gives employees the right to file an OSHA complaint, the right to take part in an inspection or speak to an OSHA Compliance Officer, and the right to raise a concern or complaint about a health or safety issue. Employees must also be given reasonable access to company records regarding accident and exposure rates. There are many laws under OSHA’s jurisdiction that protect employees from discrimination or retaliation when they exercise any of these rights. In fact, OSHA enforces  the whistleblower provisions of 22 statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation, workplace safety and health, and consumer protection laws.

FIVE EMPLOYER STEPS TO WHISTLEBLOWER COMPLIANCE

1. Make sure superintendents know employees have the right to file OSHA complaints.
2. Create an environment that encourages reporting unsafe conditions.
3. Provide proper training throughout your company on the handling of complaints.
4. Institute a reporting system that is effective to the chain of command.
5. Review incentive programs to ensure they don’t discourage reporting of incidents.

Classic examples of retaliation against an employee include firing them or laying them off, “blacklisting” them within the industry, demoting them or denying them a promotion or other benefits. Threats, harassment and intimidation are also considered violations of the whistleblower protection laws. While these so called classic examples may be fairly straightforward, i.e. the employee files a complaint and the employer finds out and retaliates, there are also much more subtle forms of violations that employers need to be aware of. These more subtle forms of violations include intimidation or harassment by middle managers who may not be aware of the laws, creating an overall environment that discourages the reporting of hazards, and the use of any incentive program that disciplines or assigns any sort of demerits to individuals who report injuries.

OSHA has announced stepped up investigation and enforcement in this area, so it is important for employers to make sure none of their policies or practices violates the law. The first two issues, harassment by managers who may not be aware of the laws, and having an overall environment that discourages the reporting of safety issues, can be resolved through training and policy implementation. Make sure your superintendents, foremen and crew leaders understand that all employees have these rights and instruct them that they cannot take action against employees for exercising these rights. Creating an environment that encourages the reporting of unsafe conditions can boost employee morale and it shows them that you care about them. Used as a management tool, a system like this can also help an employer be proactive in identification and abatement of hazardous conditions. Injuries to employees result in lost time, reduced productivity, lower morale, higher employee turnover, and increased workers compensation insurance costs (just to name a few).

The construction industry depends on its workforce to deliver its products and services. Creating an environment that shows these employees that you care about their health and well-being can lead to increased morale on the job site, it helps to reduce employee turnover, and helps management to identify and abate hazards before they have a chance to cause injuries.

In addition to these “human” impacts, occupational injuries, deaths and illnesses continue to have an extreme economic impact on the industry. The number of fatal and nonfatal injuries in 2007 was estimated to be more than 5,600 and almost 8,559,000, respectively, at a cost of $6 billion and $186 billion. The number of fatal and nonfatal illnesses was estimated at more than 53,000 and nearly 427,000, respectively, with cost estimates of $46 billion and $12 billion. For injuries and diseases combined, medical cost estimates were $67 billion (27% of the total), and indirect costs were almost $183 billion (73%). Injuries comprised 77 percent of the total, and diseases accounted for 23 percent. The total estimated costs were approximately $250 billion.

The medical and indirect costs of occupational injuries and illnesses are sizable, at least as large as the cost of cancer. Workers’ compensation covers less than 25 percent of these costs.1 To help create an effective environment, an employer needs to provide proper training throughout the company to ensure that managers know how to properly handle complaints and suggestions, and to ensure that its trade’s people understand both their rights and their responsibilities. In any workplace, it is often most affective to have a system of reporting that results in issues being reviewed by people outside the reporting employee’s direct chain of command. In the construction industry, this can be especially helpful.

In our industry we go to work every day on multi-employer worksites, under constantly changing job site conditions and ever increasing pressures to get the job done. When a foreman is in the middle of trying to balance safety, productivity and quality, it can be easy to inadvertently overlook the significance of a single employee’s issue or concern. It is the employer’s challenge to create a system that seeks to remove causes of concern before they arise and to then effectively handle the unforeseen situations that arise everyday on our job sites.

The improper use of incentive programs has recently come into the public view in a case filed by OSHA earlier in 2013 against BNSF Railway Company. This is a large railroad company that has been in business for decades and probably has more resources at its disposal than many general contractors, and certainly more than most trade contractors, yet they still found themselves the subject of a very serious investigation into violations of whistleblower protection laws under OSHA’s jurisdiction.

This case highlights the potential subtleties of the law and illustrates how easy it could be for an incentive program to cross the line. OSHA has  provided a great deal of information on this investigation and interested employers may find it helpful to read more on OSHA’s web site at www.osha.gov (search for BNSF Accord).

As an overview, BNSF had a program in place known as its Personal Performance Index. Under this plan, an employee would accrue points for reporting on-the-job injuries. The accrual of too many points was used as a criteria in the selection of employees who would be required to undergo additional reviews and possible disciplinary actions. This program resulted, according to BNSF employees, in an environment where the reporting of on-the-job injuries was discouraged. OSHA viewed this as a direct violation of the whistleblower protection laws. By assigning points to injured employees, regardless of the root cause of the incident, the company was not only in violation of the whistleblower protection laws, but they were also missing out on the opportunity to find and fix hazardous conditions.

Management reports that inaccurately show no on-the-job injuries are virtually useless as a tool for identifying areas that need to be addressed within a company’s operations.

The OSHA investigation into BNSF’s work practices resulted in a settlement with multiple employees and the signing of an agreement between BNSF and OSHA which included major changes to work place programs and continued monitoring of the programs by OSHA to ensure future compliance.

Any company could find themselves in this situation if they are not aware of the laws and how OSHA applies it to them. Any company incentive program that discourages the reporting of injuries is viewed by OSHA as flawed and has the potential to start a probe into violations of the whistleblower protection laws.

Consider something as seemingly innocent as a program that states “if no one gets hurt for the next 60 days, everyone on the crew gets a $250 bonus – but if one person gets hurt, then no one gets bonuses and we start the 60 day clock over.” On the surface, this might seem valid. The idea is to eliminate injuries and encourage the entire crew to look out for each other; however, this plan could easily be flawed and have the undesired effect of discouraging the reporting of any workplace injuries. For example, let’s say one member of the concrete placement crew is injured on some rebar, installed by others, that was not properly capped. The foreman takes the injured worker to the emergency room where he is stitched up. The company has good health insurance for its employees and the foreman suggests that the worker just have the bill paid by his health insurance. That way the injury doesn’t have to be reported to the company, and the  crew doesn’t risk losing $250 each over an injury that they all feel is someone else’s fault anyway.

All of a sudden, what seemed like a simple plan to reduce accidents has turned into:

• A potential violation of OSHA whistleblower protection laws because the employee is being discouraged from reporting an injury
• A potential workers compensation insurance fraud case (depending on the laws of your state)
• A potential disgruntled employee due to the pressure being placed on them to keep the injury a secret
• A missed opportunity for the company to identify a hazardous condition on the job site, potentially leading to repeat incidents

Late in 2012, OSHA created the Whistleblower Protection Advisory Committee and Dr. David Michaels, Assistant U.S. Secretary of Labor in charge of OSHA, made the Whistleblower Protection Program a directorate, creating the Directorate of Whistleblower Protection Programs (DWPP) and adding over 35 positions for whistleblower field staff nationwide.

The effects of these changes are illustrated in the chart in Figure 1 which shows a marked increase in the number of cases closed since the new Directorate was established. More recently, OSHA established an on-line portal that allows an individual to file a complaint over the Internet which is routed directly to the appropriate authority. With these significant changes and attention focused on enforcement, it is certainly prudent for all companies, large and small, to review their programs and policies for compliance. Make sure your incentive programs do not have unintended consequences. Educate your managers, superintendents and even foremen so they are aware of the laws. Work to create an environment that seeks to identify and eliminate potential hazards. Create a culture of safety that protects our human resources and encourages equal attention be paid to safety, productivity and quality.

 

ABOUT THE AUTHOR

Jim Rogers, is the Director of the OSHA Training Institute Education Center at Arizona State University, a part of the Del E. Webb School of Construction. He also teaches in the construction management program as an Associate Faculty member with courses including concrete, reinforcing, productivity and safety. Mr. Rogers has been involved in the construction industry for more than 25 years, specializing in concrete and post-tensioning. For additional information, visit http://osha.asu.edu.

Code Corner: Impact of Codes

WHAT IMPACT ARE THE CURRENT CODES, REGULATIONS , AND STANDARDS HAVING ON YOUR COMPANY?

The latest information on regulations, codes and standards that we have been tracking and working with has been prepared for your reference. What impact are these having on your company? What will be the largest hurdles in your implementation and preparation plans?

OSHA Proposed Rule to Extend Compliance Dates for Crane Operator Certification

OSHA has issued a proposed rule to extend the compliance date for the crane operator certification requirement by three years, to Nov. 10, 2017. The proposal would also extend the phase-in requirement for employers to ensure that their operators are qualified to operate the equipment. OSHA issued a final standard on requirements for cranes and derricks in construction work on Aug. 9, 2010. The standard requires crane operators on construction sites to meet one of four qualification/certification options by Nov. 10, 2014. After OSHA issued the standard, a number of parties raised concerns about the

qualification/certification requirements. After conducting several public meetings, OSHA decided to extend the enforcement date so that the certification requirements do not take effect during potential rulemaking or cause disruption to the construction industry.

Comments must be submitted by March 12, 2014 and may be submitted electronically at www.regulations.gov, the Federal e-Rulemaking Portal or by facsimile or mail. See the Federal Register notice for submission details and additional information about the proposed rule.

ACI Releases Latest Version of ACI 332-14

After a significant development timeline, ACI’s 332 Residential Concrete committee completed the necessary steps for publishing the latest form of this contractor-friendly code, ACI 332-14 – Code Requirements for Residential Concrete. Developed initially in 2004, this fourth cycle for the code brings forward major changes to the sections on concrete durability and prescriptive footing design while continuing to evolve other sections of the code for better reference and consistency throughout the industry.

Concrete durability has been governed in prior code editions in a similar fashion to that of the International Residential Code. With the 2014 edition, however, the committee significantly updated its direction by achieving a concrete durability section more similar to that of ACI 318. This updated section now considers the full range of durability issues for concrete including sulfate exposure, exposure to de-icing solutions and much more. An extensive commentary section has been authored to assist in the selection and direction of the critical exposure issues and the resulting minimum concrete mixture design requirements to be considered.

Prescriptive footing design was also dramatically overhauled in this version of the code to bring it more in relationship to the method of designing foundation walls. An expanded set of footing tables introduces greater selection for the user and reference to a broader range of variables. The user will find the footing sizes and prescriptive requirements for steel to be in step with the International Residential Code but with improved functionality and broader selection criteria.

PUBLIC COMMENT PERIOD ON PROPOSED WORKPLACE INJURY TRACKING RULE CLOSES ON MARCH 10

OSHA has announced that the comment period on the proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses will close on March 10, 2014. The comment period was originally scheduled to close March 8. However, this date falls on a Saturday. OSHA will accept comments submitted March 10 as timely submittals.

The proposed rule would amend OSHA’s record keeping regulations to add requirements for the electronic submission of injury and illness information that employers are already required to keep. Comments may be submitted electronically at www.regulations.gov, the Federal eRulemaking Portal or by mail or facsimile. See the Federal Register notice for more details (Docket No. OSHA-2013-0023).

 

AMERICAN CONCRETE INSTITUTE ANNOUNCES THE REORGANIZED ACI 318-14

ACI’s 318 committee is finalizing a completely reorganized ACI 318-14: Building Code Requirements for Structural Concrete. ACI 318 is one of the most essential and valuable standards with respect to the design of concrete structures, and is published every three years. Scheduled for publication in late 2014, the reorganized 318-14 is organized from an engineer’s perspective. By focusing on member design, ACI 318 requirements will flow more intuitively and have fewer cross-references. Significant highlights include: o Greater ease of use; o Improved logic and flow of information; o Member-based organization to quickly locate relevant code information; o Construction requirements centralized in one chapter. “ACI is proud and excited to announce the reorganized ACI 318-14 will be published later this year,” said Randall W. Poston, Ph.D., P.E., S.E., Chair, ACI Committee 318. “This first major reorganization of ACI 318 since 1971 represents nearly a decade of work and will feature improved language and style consistency, more expansive use of tables and charts and be organized so that engineers have increased confidence they have satisfied all necessary code requirements.” This revolutionary work for the general concrete building code should make its impact promptly on the market. The member design concept will be quite familiar to contractors and designers involved through the CFA and experienced with ACI 332 as this is the format selected for that code from its inception in 2004. More information on this code and the remaining process to prepare it for publication can be found at ACI’s new-look website, www.concrete.org.

FMCSA Finalizes Rule to Shut Down Carriers Based on Patterns of Safety Violations

The Federal Motor Carrier Safety Administration will soon have the ability to shut down carriers based on past violations by the company’s executives.

The latest step in a long crusade to prevent shut-down carriers from reforming as new companies, the Federal Motor Carrier Safety Administration has amended regulations to allow it to shut down carriers if they are run by repeated violators.

FMCSA has had the ability to deny Operating Authority to carriers with a management staff that has been connected to shut-down carriers for more than a year. This increases that power. Previously, FMCSA needed to catch the deception during the process of issuing an Operating Authority. Now, they can shut down the carrier after it has gone into operation.

Chameleon Carriers

The so-called ‘Chameleon Carriers’ have been a thorn in the side of FMCSA for a long time. The agency has come under repeated criticism from Congress for failing to prevent such blatant disregard for the rules.

Essentially, before FMCSA began actively fighting it, if a carrier was hit with too many violations and started to get attention from the FMCSA they would close the business. Alternatively, their violations would actually pile up to the point where FMCSA would shut them down. The company would then reform under a new name and a new DOT number.

The company would be effectively identical: same drivers, same managers, same vehicles.

Pre-CSA, FMCSA did not have the resources to track and monitor this behavior. Unfortunately, chameleon carriers — unsurprisingly — cause a disproportionate number of accidents.

MAP-21

The 2012 Transportation Spending Bill, known as MAP-21 required that FMCSA put new systems in place to prevent abuse. Last year, FMCSA administrator Anne Ferro testified to Congress that these rules were on the way.

New rules, written to comply with the requirements of MAP-21 have been rolled out in stages. When the rules announced this week go into effect, FMCSA will have the following powers concerning chameleon carriers:

• Prevent carriers from obtaining operating authority if they share a significant proportion of management with a previously shut down carrier.
• Prevent carriers from obtaining operating authority if they use vehicles from a previously shut down carrier.
• Shut down a carrier for failing to disclose that officers were in control of a previously shut down carrier.
• Revoke Operating Authority from a carrier if they share a significant proportion of management with a previously shut down carrier. (This is effectively an unappealable shut down order)

Timeline

The Final Rule was published in the Federal Register on January 22. It will become effective on February 21. While it will be an effective tool to wipe out chameleon carriers, the new rule shouldn’t affect compliant carriers in any way.

Industry Input

The rule has a lot of support from within the industry as chameleon carriers are an annoyance at best and a danger at worst for compliant carriers. By violating regulations, chameleon carriers are able to undercut their law-abiding competitors on price. They also cause accidents as their vehicles are often dangerously, poorly maintained.

The response to chameleon carrier accidents by officials and state and Federal governments is to increase enforcement for everyone. This has given the industry a strong desire to be rid of this problem.

The rules, however, were tweaked in response to industry input during the rulemaking process. Many felt the original rules were too vague and gave FMCSA the ability to enforce them too broadly. FMCSA clarified the Final Rule in response to these concerns.

FOR MORE INFORMATION

For more information, contact Ryan Fagen or Matt Wrobel of Foley Carrier Services, LLC – A BirdDog Company

Colt Gateway, South Armory

140 Huyshope Avenue, 2nd Floor

Hartford, CT 06106

Direct: (860) 815-0735

email: Ryan.Fagen@foleyservices.com, or

Matt.Wrobel@foleyservices.com