September 2016 Newsletter

Click Here for a Printable Copy

IN THIS ISSUE…

President’s MessageSafety Spotlight
Event AnnouncementsCode Notices & Updates
Legislative WatchCommittee Announcements
Items of NoteTraining Center Courses
Member Benefits & ToolsNational News from NRCA

President's Message

Hello Everyone.  I hope everyone’s year is going well.  I always know when school is about to start and summer is coming to an end because all the school roofing projects are wrapping up and all the equipment is being hauled off.  This month I have several noteworthy items I wanted to share.

First, congratulations to Brett Mealhow with Allied Building products on his “Hole-In-One” at the 34th Annual CRA Golf tournament on August 19th. Brett wins the $5,000.00 prize. If you see any of the golf committee members (Rick Rosendahl, Jeff Patch, Tracy Spence, Kim Burkhardt and Julie Boyle), tell them thanks for putting on another great tournament.

Remember to sign up for the Sporting Clay Tournament coming up in October, it fills up quickly.  We are also looking for a few more station and goody bag sponsors. See the event section below for details.

This will be a very interesting election year as we enter into the final stage of the election process.  I don’t think either party is very excited about their candidate. I hope the debates don’t turn into a “comic relief show”.  Make sure you educate yourself on all the issues and specifically Amendment 69 – Colorado Health Reform Plan. It’s not good for Colorado – Vote No!

Last, I wanted to stop and take some time to reflect on a tough year for our industry when it comes to the CRA Members who have passed away.  We have really lost some good people that have made a big impact in our profession over the years.

Dick Fricklas – CRA Lifetime Achievement Award recipient, what a great supporter of roofer education and of the CRA.
Bill Salanty – Foothills Architectural Metal LLC, made a huge contribution with his expertise on the metal side of our profession.
Bill McCracken – CRA Lifetime Achievement Award recipient, his legacy lives on through his family business.
Raimund Ruf – O’Connor Roofing, best known for his time as the Chief Roofing Inspector for the City and County of Denver.

These are just a few things these gentlemen have done or have be recognized for; there is so much more. If I have missed anyone else, I sincerely apologize.

Although I will not be able to attend, I hope all of you will take the time to attend our September 29 Membership lunch featuring a presentation by retired OSHA Inspector Jack Seybert.  He will be providing information on OSHA inspections and all the changes going into effect.  These lunches are a great way to gain valuable knowledge for you and your company.

Thank you all.

Ray Phillips
RTP Roofing Company
CRA President
Email Ray

THANK YOU to our 2016 Sponsors!

2017 Industry Leader Sponsors
ABC Supply Co.GCP Applied Technologies
Academy Roofing, Inc.
Gulfeagle Supply
Advanced Roofing Technologies
Interstate Roofing, Inc.
Allied Building ProductsK & P Roofing LLC
APOCMalarkey Roofing Products
Arapahoe Roofing & Sheet Metal
Moody Insurance Agency
B & M Roofing of ColoradoOwens Corning
Beacon Roofing SupplyPinnacol Assurance
Black Roofing, Inc.
Premium Panels
Boulder Roofing, Inc.
RoofLine Supply
Flynn Southwest LPSpec Building Materials
Front Range Roofing Systems
Tamko Building Products
GAF MaterialsThe Roofing Company
2017 Silver Sponsors
A to Z RoofingJohns Manville
American Roofing SupplyRTP Roofing Co.
Boral RoofingSuperoofs
C3 Group Public AdjustersSchafer & Co.
Cleasby ManufacturingTecta America - Colorado
GBS Enterprises Roofing

EventAnnouncements

CRA MEMBERSHIP LUNCHEON – THURSDAY, SEPTEMBER 29, 2016. – Join us at our Thursday, Sept 29 Membership Lunch featuring a presentation on “OSHA – Before, during and after the inspection.” presented by Jack Seybert of X-OSHA LLC. In this 45-minute session we will take a unique look at an OSHA inspection process and discuss the inspection from a very practical and realistic point of view.  This is frank and honest discussion of the reality of the inspection and its costs in dollars and business consequences.  During this session we will discuss important topics such as:

  • Why did OSHA choose to inspect you.
  • Do you have to allow the inspection.
  • What documents are you required to give the Compliance Officer.
  • Are you and your employees required to speak with the Compliance Officer.
  • What are your options during an inspection.
  • What to do after you get citations.
  • Your rights and responsibilities after an OSHA inspection.
  • New OSHA penalty structure!

Take your lunchtime – bring your coworkers – and LEARN to be proactive about your safety compliance.   You will be given the knowledge to make good business decisions both during and after the inspection.  This lunch and this topic will INSPIRE you to go back to your business and try to do things different within your organization.  Jack will give you the TOOLS to do so. Come join us!

Thursday, September 29, 2016
The Denver Mart – Forum Meeting Room #1
451 E. 58th Ave (I-25 & 58th Ave)
11:30 a.m.

REMINDER – The membership lunch is not only about the FOOD and networking with other members but the opportunity to take advantage of the SPEAKERS and PROGRAMS. These lunches are an inexpensive and quick way to invest in yourself and your TEAM. You and your TEAM don’t want to miss the opportunity to gain valuable tools and tips for yourself and your company!

Thank You to our GOLD Lunch Sponsor(s):

daly-black-pc_1133283_image   revivedebt

Sign UP TODAY.  Reservations are requested. CRA member companies get one FREE lunch at this meeting. There is a $20.00 fee for additional employees from member companies. Non-members are welcome and the fee is $40.00/per person.  MARK your calendar to attend, then click the link below to register to attend.

REGISTER FOR SEPTEMBER 29 LUNCH NOW!

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CRA FALL SPORTING CLAY TOURNAMENT – FRIDAY, OCTOBER 14, 2016. – We invite both experienced and novice shooters to sign up. Bring your colleagues, clients, family and friends out for a fun day of shooting and fundraising for a worthy cause. The tournament directly benefits the association and will allow us to do a better job of educating Colorado consumers on getting a new roof and how to select a professional roofing contractor.

SCT15-2015-04-23 21.45.23
Early Bird Price Deadline is Sept 16, 2016.

SIGN UP NOW TO RECEIVE EARLY BIRD PRICING RATES!  DEADLINE IS END OF DAY FRIDAY, SEPTEMBER 16, 2016!

This tournament will be a 100 target clay shoot presented along a cottonwood creek bottom at Colorado Clays in Brighton, CO. The course features 15 stations that are fully automated – including a 60′ tower and 20′ elevated platform that is sure to challenge all shooters. Registration begins at 8:00 a.m. with a start time of 9:00 a.m. (practice range time is included and starts at 8 am). Awards will be given for the top two best shooters, the top three teams and a grand prize raffle will go to one lucky winner!

Entry fee includes 100 birds, 10 practice rounds, BBQ lunch, drinks and goody bag. Alcoholic beverages are prohibited on the range but will be available once all shooters are finished shooting for the day. Shooters will be required to provide a shotgun, bring a minimum of 120 rounds (7 ½ shot or smaller) or shells can be purchased at the clubhouse. Shotgun rental is also available at the clubhouse (advanced reservations required).

WE ARE LOOKING FOR TOURNAMENT SPONSORS!

  • Station Sign Sponsor: $150/member $250/non-member
  • Man Your Station Sponsor: $350/member, $450/non-member
  • Goody Bag Items are also welcomed and appreciated.
  • Door Prizes: $50 or more (gift cards preferred from Cabela’s, Bass Pro, Sportsman’s Warehouse, Gander Mountain, etc.)

All sponsors will be acknowledged prior to and throughout the event, in the CRA newsletter, all emails, on-site and the online registration page. Contact Debbie if you are interested in any of these.

SIGN UP TODAY!  We will max the tournament at 150 shooters. All reservations are accepted on a first come first served basis.  Early Bird Prices End September 16, 2016 (payment and registration must be received by this date to receive discount – no exceptions).

Click here for tournament information, shooter fees, online registration, sponsor information, etc.

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Brett Mealhow, Allied Building Products,  Hole-in-One Winner of $5,000.

CRA GOLF TOURNAMENT HIGHLIGHTS FROM FRIDAY, AUGUST 19, 2016. – CRA’s 34th Annual Golf Tournament was a great success with 216 members and their guests taking a day to relax and have a little fun while raising money for a good cause. Held at West Woods Golf Course in Arvada, we raised over $12,500 for the CRA Training Center and our training programs.   Congratulations and thank you to everyone who participated.

Tournament Highlights in less than 200 wordsWe had our first ever Hole-in-One winner, Brett Mealhow of Allied Building Products. Brett’s 170-yard shot was made less than an hour into the tournament on hole #6 and earned him a $5,000 cash prize. Several other contests where held on the course including our ball-on-the-green, chipping and a dice roll contest. Our Speed Hole contest on #7 & #16 brought back our ever popular ‘relay race.’ The score on these holes was dictated by how quickly the team played one ball into the hole. Our quickest time was an incredibly fast 30.68 seconds on hole #16 and 31.50 seconds on Hole #7. Kudos to all these winners along with our 1st, 2nd, 3rd place teams and our individual longest drive, longest putt and closest to the pin winners. All players received a jam packed goody bag with over a dozen items and at least 60% of our players went home with a raffle price. Players and volunteers enjoyed a scrumptious BBQ lunch followed by an awards/live raffle ceremony that ended with the grand finale presentation of our lucky 50/50 winner who took home $595 in cash.

Thank you to all our players, volunteers and sponsors for another successful tournament.  Our tournament would not have been a success without the hard work of our 34th Annual Golf Committee. Please join us in thanking Rick Rosendahl, B&M Roofing; Jeff Patch, Premium Panels; Julie Boyle, Allied Building Products; Tracy Spence, American Roofing Supply and Kim Burkhardt, Moody Insurance Agency.

For the expanded version of the Aug 19 tournament recap, click the link below to see the list of winners, sponsors, volunteers and photos of all the teams.

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Click here to view the full 2016 Event Calendar – calendar includes additional event dates, member luncheons, pinpoint seminars, Training Center courses, etc.

We want to continue to share information on a few bills that we are watching and think are worthy of your attention:

Colorado | Amendment 69 Universal Health Care (ColoradoCare) Ballot Initiative 20 – Will Create Huge Tax Burden. This $25 Billion Universal Health Care measure has already been approved for the November ballot.  The proposal will essentially double the state budget and create massive new tax burden, especially for entrepreneurs & small businesses. Employers will pay 6.67 percent on total payroll. Employees will pay 3.33 percent on all payroll income. This totals a new 10 percent tax on all wages and earnings.  In addition to the payroll taxes, a 10 percent tax will be assessed on all non-payroll income, including: interest collected on savings, dividends, capital gains, some retirement income and business income to entrepreneurs and other businesses that are established as “pass through entities” (e.g. sole proprietors, partnerships, S corporations, LLCs, LLPs, many trusts, and income from farms and rental property). Anyone receiving income on a Schedule K-1, rental income, or income from a farm will have to pay the full 10 percent tax on all their business profits, whether or not those profits are ever withdrawn from the business and realized to the individual. In contrast, businesses that pay corporate taxes will not be subject to this 10 percent tax on their business profits. Since most entrepreneurs, small and family businesses use pass-through entities for structuring their business activities, the ColoradoCare tax will disproportionately fall on them. In 2015, Colorado had 52,032 corporate filers and 235,733 pass-through filers.  Efforts to defeat Amendment 69 continue.  Coloradans for Coloradans is a statewide, bipartisan organization formed to work for the defeat of Amendment 69.  Visit their website for the most up-to-date information at www.coloradansforcoloradans.com.

Federal | Executive Order 13673: Fair Pay and Safe Workplaces | All Federal Contracts –  Back on July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order to require prospective federal contractors to disclose labor law violations and give agencies guidance on how to consider labor violations when awarding federal contracts.  On Aug. 25, 2016, the Department of Labor (DOL) issued a final regulation to implement President Obama’s order which contains new requirements for contractors bidding on federal contracts. The regulation will begin to take effect Oct. 25, 2016, and be phased in to full implementation by Oct. 25, 2017.  NRCA issued a statement on the new rule.  If you bid on federal contracts, you’ll want to read more here.

Our Government Relations committee is also LOOKING FOR VOLUNTEERS to help on our committee review legislation and working with our partners in the Colorado Contractors Coalition.  Please let Debbie or myself know at the email below if you are interested.

Also, please feel free to contact me if you are aware of legislation not listed above that you would like us to look into or have any questions on the issues covered in this section.

Rick Rosendahl
B&M Roofing of Colorado
CRA Gov’t Relations Chair
Email Rick

CodeUpdates

codenewsupdatesWe have several updates to report this month.

  • City of Denver | Reminder 2016 Building Code Takes Effect on Sep 12, 2016 – The 2016 Denver Building Code was approved by City Council earlier this year. Currently, permit customers may apply for building permits under the 2011 or 2016 Denver building codes. After the new code’s September 12, 2016 effective date, customers must adhere to the 2016 code unless given prior approval by the Denver building official. Click here to read the transition policy, and visit denvergov.org/buildingcode to learn more about the 2016 Denver Building Code update.
  • City of Denver New IECC policy – Based on the newly-adopted International Energy Conservation Code, Denver will now require drawings to document the energy-compliance path for building envelope and systems. This early submittal step will help improve submittal quality, expedite plan reviews, ensure compliant drawings and improve inspection results. Achieving best practices through this new policy will ultimately mean more energy-efficient buildings in Denver. Read the policy.
  • City of Golden | Adopts 2015 Code – The City of Golden’s Building Safety and Inspection Service Division has adopted the 2015 International Building Codes as of July 1st. Read more here.
  • Douglas County | Board of County Commissioners adopted amendments to the Douglas County Building Codes effective Sept. 9, 2016. – Be sure to review the adopted amendments taking effect in Douglas county on Sept 9 to include changes to noise ordinance, drip edge, sheathing, etc.   Read more here.
  • Pikes Peak Regional Building Department (Colorado Springs) | Proposed Code Changes – Public Comment Period Open –  PPRBD is currently working on some proposed modifications to the 2011 PPRBC. Your feedback is important to them. Check out the changes that pertain to roofing; visit PPRBD here.

 # # #

Have you heard of any upcoming building code changes with any of the municipalities you work with? Please share them with us by emailing the BC&S Committee via Debbie at debbie@coloradoroofing.org.

The CRA Building Code & Standards Committee is tasked to represent our members in code, inspection and enforcement issues related to the roofing industry and to facilitate improved communication between the roofing industry and Colorado Building Departments and Code Officials. Through the Code Guidelines on the CRA Website and in this monthly column, committee members share Building Department news and updates.

Commitee

PR/Marketing Committee Update – The PR Committee continues our advertising efforts this month in an effort to educate members and the general public while maintaining a POSTIVE IMAGE of the roofing industry. Both our summer Select a Trusted Roofer Campaign and our joint #NoRoofScams anti-roofing fraud campaign received a lot of traction last month.  If you see either of these campaigns on social media, please be sure to like and share with your contacts and help us spread the word!  Click the links below for more information on each.

#NoRoofScams Anti-Fraud Campaign – Along with several other government agencies and non-profit organizations, CRA is part of a joint public education campaign called No Roof Scams.  We have joined together with the common goal to educate both home and business owners on what to look for in a professional roofing contractor and sharing information/resources on how to avoid scams and roofing fraud here in Colorado. Use the links below for additional information.

No Roof Scams Anti-Fraud Campaign Info – campaign details

No Roof Scams Joint Micro Website – resources and tips from coalition members

Hail Preparedness Toolkit – tips to navigate the hail claim process from RMIIA & PCI

Summer “Select a Trusted Colorado Roofer” Campaign (www.TrustedColoradoRoofers.com) -From May through October, the CRA is running a billboard and Facebook marketing campaign urging Colorado home and building owners to take the appropriate steps in selecting a trusted roofing contractor, especially in the event of hail or storm damage.  Learn more at our campaign landing page here. 

ItemsofNote

WELCOME 3 New Members(s). Daly & Black, P.C., 2211 Norfolk #800, Houston TX 77098, Ph: 713-655-1405 (Trade Services – Legal);  Rocky Mountain Roofing & Restoration, 1685 S. Colorado Blvd, Unit S176, Denver, CO 80222, Ph: 720-532-7545 (Roofing Contractor – Residential) and Window Walk, 4841 S. Billings Ct., Aurora, CO 80015, Ph: 750-556-3532 (Trade Services – Windows). 

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2002-billmccrackenMemorial Notice for Billy “Bill” McCracken (1921 – 2016) – CRA’s 2003 Lifetime Achievement award recipient, Bill McCracken passed away peacefully on Saturday, August 13, 2016 at the age of 94.  Bill was born to John and Mattie McCracken (deceased) in Terrell, Texas and is survived by his loving and caring wife of 70 years, Bertha.  His is also survived by his daughter Carolyn (Dan) Govan, 2 grandsons Derek (Colleen) Govan and Damon (Dani) Govan.  Bill is also survived by 8 wonderful great grandchildren Riley, Brady, Emery, Averi, Dillan, Hunter, Olivia and Savannah.

Bill was a fighter pilot off the USS Shangri-La aircraft carrier in the Pacific Ocean during WWII. He provided air protection during the signing of the Peace Treaty with Japan. He also patrolled the West Coast for submarine watch during the Korean War. He retired a Lt. Commander.

A self-made man, he decided to start his own business that is still carried on today by his son-in-law, daughter and two grandsons – B.R. McCracken Co. Working out of his home starting with humble beginnings they eventually moved the company to Arvada in 1980, where it’s been an institution along Ralston Road for many years.  Bill made a name for himself as a material distributor and as someone who could get the products when no one else could.  As a longtime member of the Colorado Roofing Association and the roofing industry in general, Bill surely witnessed many changes in the industry. Bill was the second well-deserving and outstanding individual to receive the CRA Lifetime Achievement Award back in 2003.  Those who nominated him used words like honest, ethical, hard-working, fair and straightforward to describe Bill.

He loved his family and his family loved him.  He enjoyed the Broncos, Rockies, fishing, hunting and going to the cabin with his grandsons and family.  He should have been given an award for all the football, baseball, basketball and lacrosse games he attended for his grandsons and great grandsons.

In lieu of flowers, you can make a donation to the Lutheran Hospice at Collier Hospice Center, 3210 Lutheran Parkway, Wheat Ridge, CO 80033; or the American Lung Cancer Association

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peacelily_upperleftMemorial Notice for Raimund Ruf (1953 – 2016) –  After a year-long battle with cancer, Rai Ruf passed away at the age of 63 on August 5, 2016.    Rai has been in the roofing industry for over 40 years and was well known by many of the members of the CRA.  Most notably, he was the Chief Roofing Inspector for the City & County of Denver for 19 years.  Recently he had been working with O’Connor Roofing Company since September 2006.  Rai was a great guy and hard worker who was still coming to the office all the way to the end.  He will be missed so much by many! Rai is preceded in death by his daughter, Cherish Natasha Ruf and Step Father, Dymitro Holubowsky. Survived by wife, Patricia; daughter, Sheila Collins; mother, Esther Holubowsky; sister, Danniela Miller; mother-in-law, Phoebe Vallejo; father-inlaw, Eugene Montoya; Brother-in-Laws, Joseph Montoya and Bruce Montoya, Nephews and Nieces.

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expertexteriorsCRA Member Expert Exteriors Donates Roof to Fraud Victim – KUDOS to a fellow CRA member for stepping up and making a difference!  After another roofing company scammed a client out of thousands of dollars, Westminster, Colo.-based Expert Exteriors stepped in to donate a new roof to the homeowner. “Now that I find myself in a situation where money is more abundant than where it used to be, I feel it’s my responsibility to give back,” said owner Josh Lucero.  Read more at KDVR-TV (Denver) (8/29)

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Check out Professional Roofing’s August Details! –  Professional Roofing profiles NRCA member Brandon DeLozier of Black Roofing, Inc. in the August Details section. Each month in the Details section, Professional Roofing asks an NRCA member a variety of questions so readers can learn more about the individuals who are members of their association. See more information or view Professional Roofing’s August Details.

CRA_FriendlyReminder

We want to remind all our members and specifically our contractor members to be sure and hold yourselves to the higher standards you agreed to upon joining the CRA.  You have all signed the CRA Code of Ethics and agreed to abide by them.

When consumers come to our website looking for Trusted Colorado Roofers, we want them to know that when they select a Colorado Roofing Association Member to install their roof that they are getting a company that is local, has been in business in Colorado for at least two years, have current General Liability and Workers Compensation coverage, are knowledgeable in roof applications and local building codes, care about the safety of their workers and abide by all the rules set forth in our Code of Ethics.

Our promise to consumers when they come to our website for information and help is that we have already done some of their homework for them and they can trust any one of our members to be an ethically run Colorado roofing business.  We all want a better image for the roofing industry and with your continued membership and commitment to the higher standards set by our association, we hope to continue to improve that image a step at a time.

Click here for a copy of the CRA Code of Ethics.

Click here for SB38 & Insurance Fraud Penalties Factsheet.

training

Online Enrollment now open for the following training courses.  Space is limited in all classes so be sure to sign up now!

  • October 20-21, 2016 – METAL ROOFING: 2-day course will to expose students to working with different types of metal, issues to consider and learning proper techniques. Class is intended for students who have background in roofing and/or for installers who have not yet worked with sheet metal.  REGISTER NOW FOR METAL CLASS.
  • October 27-28, 2016 – TPO/EPDM – SPANISH:  2-day course intended for Spanish speaking installers who are newer to the industry who are seeking in depth knowledge of TPO and EPDM systems as well as learning proper installation methods for membranes and flashings.  REGISTER NOW FOR TPO/EPDM CLASS.
  • Nov 4 – Dec 16, 2016 – INTRODUCTION TO ROOFING: will expose students to the basics of roofing and teach them what they are doing, why they are doing it and give them an understanding that roofing can lead to several career paths within the industry.  6-week course/Fridays only.  REGISTER NOW INTRO CLASS.

SafetySpotlight

osha

We have read several reports of OSHA citing roofing contractors around the country and wanted to share them with you.

  • Illinois roofing contractor fined $267K after continuing to expose workers to fall hazards – OSHA opened an inspection of a residential construction site in Glen Carbon, Ill., after inspectors observed five roofers working at a height of 13 feet without fall protection. The agency cited Barringer Brothers Roofing with 10 willful, repeated and serious safety violations and proposed $89,100 in fines for exposing workers to falls. OSHA has cited the owner, Robert Barringer III, 19 times under various company names in the past decade; he is currently in default on $267,900 in federal penalties. The agency placed Barringer in its Severe Violator Enforcement Program. For more information, read the news release.
  • North Florida roofing contractor continues to expose workers to dangerous fall hazards; faces $128K in penalties – OSHA has cited Rogero & Williams Roofing Contractors Inc., Jacksonville, Fla., after the company failed to protect its workers with a fall protection system, according to www.osha.gov. The most recent citation is the fourth time Rogero & Williams Roofing Contractors Inc. has been cited by OSHA this year. The company is not an NRCA member. The agency issued one willful citation and one serious safety violation Aug. 23 after inspectors observed employees working on a residence without fall protection and protective eye equipment. Proposed penalties total $128,077.  Rogero & Williams Roofing Contractors Inc. has 15 business days from receipt of its citations and penalties to comply, request a conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.  Read the news release.
  • OSHA fines Roof Kings $124K for willful, serious, repeat violations in Mass. – Dorchester-based contractor Roof Kings LLC exposed employees to life-threatening falls – more than 45 feet off the ground – over a three-day period as they worked at a Haverhill church, federal workplace safety and health inspectors found.  In response to a complaint, the Andover Area Office of the U. S. Department of Labor’s Occupational Safety and Health Administration began its inspection on Feb. 17, 2016. Inspectors found Roof Kings’ employees working without fall protection atop the steep-pitched roof at 232 Main St. Workers also lacked fall protection as they worked on a lower, sloped roof and on ladders that did not extend at least three feet above landings for required stability.  OSHA officials brought the violations – and the need to correct them – to the attention of the company’s site supervisor. On Feb. 18 and 19, they returned to continue the inspection and found the fall hazards ignored and Roof Kings workers still at risk of deadly or disabling falls. Read the news release.

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Implementation of OSHA’s New Electronic Injury Submission Rule Delayed – On July 8, 2016, the Associated Builders and Contractors (ABC) and several other industry organizations filed a lawsuit to challenge OSHA’s electronic injury submission rule, Tracking of Workplace Injuries and Illnesses. The lawsuit seeks to block the implementation of the rule’s anti-retaliation provisions, which, among other things, limit post-accident drug and alcohol testing. OSHA believes that these tests will deter employees from reporting workplace accidents and injuries accurately or at all. In effect, this rule will essentially limit post-accident drug testing unless, according to OSHA, the employee’s “drug use is likely to have contributed to the accident.” A copy of the lawsuit challenging OSHA’s electronic injury rule is available here.  According to Greg Sizemore, ABC’s Vice President of Health, Safety, Environment and Workforce Development, the limitation on post-accident drug testing is troubling because companies rely on this data for their post-accident investigations. Without this data, companies will have one less tool at their disposal as they work to determine the cause of such accidents and develop policies to prevent future incidents.  Aside from the post-accident drug testing, ABC also objects to the rule making all injury and incident data available to the public. As we have previously reported, Construction companies with 20 to 249 employees must submit to OSHA Form 300A electronically, and all employers with 250 or more employees must submit forms 300 and 301 as well. Many companies are concerned that the publication of this data will only work to shame companies, provide a misleading picture of company safety records, and expose the private information of workers contained in these reports.  On July 13, 2016, OSHA announced that it will delay the enforcement of the anti-retaliation provisions from August 10, 2016 to November 1, 2016. In a news release, OSHA stated that it chose to delay the provisions in order to “conduct additional research and provide educational materials and guidance for employers.”  Source: HPSF Construction Law Update, 8/29/16.

NRCANews

nrca

The U.S. roofing industry continues to have a solid year in the commercial and residential sectors; members tell us finding and keeping workers are their biggest challenges. New evidence of the strong market comes from the Bureau of Labor Statistics, which reported there were 208,000 job openings in the construction industry, seasonally adjusted, at the end of June. That’s the highest June total since 2006.  And the value of nonresidential construction starts increased 3.4 percent from July 2015 and 12 percent year to date for January to July combined. The largest increase was in the institutional category.

The new OSHA silica rule is in effect with enforcement scheduled to begin in June 2017. NRCA is meeting with affected roofing industry organizations to conduct a series of air-monitoring tests with the goal of compiling “objective data” members can use to obviate the need for their own air monitoring.  OSHA also recently said it would apply its multi-employer worksite policy to govern cases in which workers may be exposed to silica dust created by another employer. In a recent presentation, David O’Connor, director of OSHA’s office of chemical hazards (non-metals) said: “If you’re sending employees onto a worksite where you know or should have known an overexposure would occur, the expectation is that employer is going to take reasonable steps to protect [its] employees.”

On June 30, the Department of Justice published an interim final rule that increased the penalties for, among other things, violating the requirement that employers properly complete their I-9 employment eligibility verification forms. For example, the penalty for a first offense of employing unauthorized workers is going from $375 to $3,200 per violation to $539 to $4,313 per violation. Paperwork violations also will increase to $216 to $2,156 per violation.

A New England construction company will pay workers for owed overtime wages and other benefits under a consent judgment entered Aug. 1. In addition to $2.4 million in wages and liquidated damages under the Fair Labor Standards Act, the company will pay $262,000 in civil penalties. The Department of Labor’s investigation concluded nearly all the company’s 478 workers receiving checks were misclassified as independent contractors.

Rep. Reid Ribble (R-Wis.) is a principal sponsor of a bipartisan bill called “Save Our Social Security Act of 2016.” Among other things, the bill would increase the normal retirement age by two months per year until it reaches 69 for those turning 62 in 2034; levy taxes on 90 percent of covered earnings; use a more accurate measure of inflation; and modify the method for determining a worker’s lifetime earnings. Studies show that without reform, the Social Security trust fund will run out of money within the next 20 years. Ribble becomes NRCA’s next CEO Jan. 1.

ONCAP, the private equity platform of Onex, has announced it has agreed to acquire Tecta America Corp. from funds managed by Oaktree Capital Management LP for $280 million. The transaction is expected to close during the third quarter of 2016. Said Tecta President and CEO Mark Santacrose: “ONCAP has a strong investment track record, and we’re delighted to work with its experienced team to further build on our solid foundation.”

The National Roofing Legal Resource Center will hold its annual seminar at the Sagamore Resort in Bolton Landing, N.Y., Sept. 29-Oct. 1. The seminar includes presentations addressing contract law, human resources issues and a review of recent court cases affecting the roofing industry. Contact Anne Schroeder (aschroeder@nrca.net) at the office for details.

Plans are well under way for the 2017 International Roofing Expo,® which will be held March 1-3 at the Mandalay Bay Hotel in Las Vegas. Once again, the event will feature the largest roofing trade show in North America along with 35 educational programs. Other highlights include our third annual student competition with students from schools of construction management, our ROOFPAC-sponsored golf tournament and sporting clays tournament, and the annual NRCA Awards Ceremony. You can make your hotel reservations now by visiting www.theroofingexpo.com.

MemberBenefits

This month’s highlighted member benefits and tools. 

  • Start Marketing Your CRA Membership to Consumers!  A beneficial marketing tool for you to use in promoting your CRA membership to customers. Just click on the link, print as many as you need and start using in your sales packets and presentations right away.
  • Concerning Ladder Liability.  Help us in educating consumers and concerned citizens about the liability and risks involved with unattended ladders set for inspectors.
  • CRA Safety Group Workers’ Comp Program.  Receive a 4% upfront discount, group or individual loss history dividend calculation and much, much more. Members of the program automatically belong to the CRA Safety Group whose focus is on continuing safety education and training and improving safety in the roofing community. In partnership with Moody Insurance Agency and Pinnacol Assurance. Call Kim Burkhardt. at 303-824-6600 to receive additional information regarding this program. 
  • CRA Dental Program.  CRA program offers a choice of competitive dental plan through Delta Dental. Brought to you in partnership with Employee Benefit Designs. Contact Jerry Ressatar for more information at 303-220-8209. 
  • busybusy.com Smartphone App.  Receive 5% member discount and 30-day free trial. This tool provides a mobile time sheet app that helps your employees more accurately track their time, report their location and record the projects they are working on all while saving your company money! Call Pete Scifo at 303-717-8113.

Delivery of the E-Newsletter to Your Inbox

To guarantee delivery of the newsletter to your e-mail inbox each month, we ask that you add Debbie Hathorne to your address book using the following email:  debbie@coloradoroofing.org. By adding this address to your contact list, we hope to avoid spam blockers/junk mail folders and ensure your receipt of the CRA newsletter in your inbox each month. Thank you.

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