Thursday, September 3, 2009
Masterworks in Masonry
RMMI will be presenting its Masterworks in Masonry awards to masons, architects and engineers who designed notable projects in the last year. The awards, for Commercial Masonry, Load Bearing Masonry, and Institutional Masonry will be presented alongside McGraw-Hill's Gold Hard Hat Awards. The event is Oct 2 at the Denver Athletic Club. Call 303-584-6724 for information or reservations.
Tuesday, September 1, 2009
OSHA Reform
Sherman and Howard are warning about the proposed OSHA laws:
Get Ready for OSHA Reform
by Rod Smith and Pat Miller
Congress recently reintroduced legislation which, if enacted, will drastically expand coverage, enhance whistleblower protections and increase civil penalties and criminal sanctions under the Occupational Safety and Health Act. The Protecting America’s Workers Act of 2009 (S.1580, H.R. 2067) was introduced by the late Senator Edward Kennedy (D-Mass.) and Representative Lynn Woolsey (D- Calif.) and is awaiting consideration by Senate and House committees. The Act would:
Expand coverage of the OSH Act to all federal, state and some local workers. Except in certain “state plan” states, public employees are currently exempt from OSHA.
Expand OSHA’s whistleblower protection by codifying an employee’s right to make safety complaints or refuse to do hazardous work. When a whistleblower claim is successful, OSHA would have the power to immediately order reinstatement, back pay, compensatory damages and the employee’s attorneys’ fees and costs.
Prohibit employers from discouraging employees from reporting work-related injuries or illnesses, or discriminating against employees who do.
Require employers to pay employees for all time spent participating in or “aiding in” an OSHA inspection.
Require OSHA to investigate all accidents resulting in the death of an employee or the hospitalization of two or more employees.
Grant substantial new “Victim’s Rights” to employees who sustain a work-related injury or illness subject to an OSHA inspection or to the employee’s family members where the employee died or is unable to assert his or her rights. Victims or their representatives would be afforded the right to participate in OSHA’s inspection, receive certain information and object to settlement agreements between OSHA and the employer.
Allow employees and unions to object to and even contest settlements between OSHA and employers that withdraw or modify citations.
Increase the maximum penalties for “Repeat” or “Willful” violations from $70,000 to $120,000. Repeat or willful violations resulting in the death of an employee could be assessed as high as $250,000. Maximum penalties for Serious and “Other-than-serious” violations would be increased from $7,000 to $12,000, with penalties up to $50,000 for Serious or Other-than-serious violations causing death. OSHA will be required to adjust penalties for inflation every four years.
Expand OSHA’s criminal liability provisions to make willful violations causing death or “serious bodily injury” a felony subject to substantial fines and imprisonment under the U.S. Criminal Code. In addition to corporate employers, “responsible corporate officers” would be individually liable for criminal violations of the OSHA Act.
The Protecting America’s Workers Act of 2009 is more onerous than similar legislation introduced last year and is yet another sign of the Obama Administration’s intent to take a much tougher stance on OSHA enforcement (See "OSHA Back in the Enforcement Business"). Although passage of the proposed legislation is uncertain at this time, there is no question that the Act, if passed, will significantly impact public and private employers. Employers and employer groups are urged to monitor its progress.
Get Ready for OSHA Reform
by Rod Smith and Pat Miller
Congress recently reintroduced legislation which, if enacted, will drastically expand coverage, enhance whistleblower protections and increase civil penalties and criminal sanctions under the Occupational Safety and Health Act. The Protecting America’s Workers Act of 2009 (S.1580, H.R. 2067) was introduced by the late Senator Edward Kennedy (D-Mass.) and Representative Lynn Woolsey (D- Calif.) and is awaiting consideration by Senate and House committees. The Act would:
Expand coverage of the OSH Act to all federal, state and some local workers. Except in certain “state plan” states, public employees are currently exempt from OSHA.
Expand OSHA’s whistleblower protection by codifying an employee’s right to make safety complaints or refuse to do hazardous work. When a whistleblower claim is successful, OSHA would have the power to immediately order reinstatement, back pay, compensatory damages and the employee’s attorneys’ fees and costs.
Prohibit employers from discouraging employees from reporting work-related injuries or illnesses, or discriminating against employees who do.
Require employers to pay employees for all time spent participating in or “aiding in” an OSHA inspection.
Require OSHA to investigate all accidents resulting in the death of an employee or the hospitalization of two or more employees.
Grant substantial new “Victim’s Rights” to employees who sustain a work-related injury or illness subject to an OSHA inspection or to the employee’s family members where the employee died or is unable to assert his or her rights. Victims or their representatives would be afforded the right to participate in OSHA’s inspection, receive certain information and object to settlement agreements between OSHA and the employer.
Allow employees and unions to object to and even contest settlements between OSHA and employers that withdraw or modify citations.
Increase the maximum penalties for “Repeat” or “Willful” violations from $70,000 to $120,000. Repeat or willful violations resulting in the death of an employee could be assessed as high as $250,000. Maximum penalties for Serious and “Other-than-serious” violations would be increased from $7,000 to $12,000, with penalties up to $50,000 for Serious or Other-than-serious violations causing death. OSHA will be required to adjust penalties for inflation every four years.
Expand OSHA’s criminal liability provisions to make willful violations causing death or “serious bodily injury” a felony subject to substantial fines and imprisonment under the U.S. Criminal Code. In addition to corporate employers, “responsible corporate officers” would be individually liable for criminal violations of the OSHA Act.
The Protecting America’s Workers Act of 2009 is more onerous than similar legislation introduced last year and is yet another sign of the Obama Administration’s intent to take a much tougher stance on OSHA enforcement (See "OSHA Back in the Enforcement Business"). Although passage of the proposed legislation is uncertain at this time, there is no question that the Act, if passed, will significantly impact public and private employers. Employers and employer groups are urged to monitor its progress.
Friday, August 28, 2009
Immigration Enforcement and Audits increasing
The United States Government is increasing its enforcement and audit presence, especially with regard to issues involving immigration and employer sanctions. Audits and reviews are currently being performed by either agents of the United States Government, or by contractors or investigators engaged for that purpose. In the past,investigators have contacted companies in advance to inform them of an audit or investigation and schedule a convenient meeting time. Now they simply arrive unannounced at the business and ask for information. It is critical that staff who may be the first point of contact, such as the receptionist or other front desk personnel, be educated about how to conduct themselves in the
event this occurs.
Front desk personnel should be instructed that they are not to provide any information. They should request to see identification and then should contact the company official who will serve as the company spokesperson in dealing with the Government auditor or investigator. There should be one specifically designated individual within the organization who will serve this function and all staff should be made aware that this is the only person authorized to talk to a Government agent or investigator. The front desk personnel or receptionist should be cooperative
but should indicate that they are not authorized to provide the information.
Unless the Government agent or investigator presents a search warrant or subpoena for specific information, documents or items to be produced immediately, you or your members may request that they schedule a more convenient time to return. You may not refuse to speak with them altogether. It is to your benefit to be cooperative in providing what they request, if it is a legally sound and reasonable request, without providing them with any additional documentation or information. Often agents will engage in conversation to uncover details that may lead to further
avenues of investigation.
event this occurs.
Front desk personnel should be instructed that they are not to provide any information. They should request to see identification and then should contact the company official who will serve as the company spokesperson in dealing with the Government auditor or investigator. There should be one specifically designated individual within the organization who will serve this function and all staff should be made aware that this is the only person authorized to talk to a Government agent or investigator. The front desk personnel or receptionist should be cooperative
but should indicate that they are not authorized to provide the information.
Unless the Government agent or investigator presents a search warrant or subpoena for specific information, documents or items to be produced immediately, you or your members may request that they schedule a more convenient time to return. You may not refuse to speak with them altogether. It is to your benefit to be cooperative in providing what they request, if it is a legally sound and reasonable request, without providing them with any additional documentation or information. Often agents will engage in conversation to uncover details that may lead to further
avenues of investigation.
Thursday, August 27, 2009
Taking Aim
Participants in the inaugural RMMI Archery Event at Golden High Country Archers deemed the event a “do-again,” and so plans are already underway for next year’s event. Two dozen archers took to the trail in search of 20 3-D targets hidden in the lush greenery behind Tony Grampsas park in Golden on Friday. In the Compound Bow division, Randy Carey of Big Horn Masonry took 1st place, followed by Brian Retland of Mission Masonry in 2nd and Rob Davis of Mission Masonry in 3rd. Rod Hayward of Threewit-Cooper owned the Traditional Bow category. In the beginner’s division, Alex Reed of United Rentals took 1st place, Randy Tuinder of Colorado Scaffolding took 2nd and Luke Barnes of United Rentals took 3rd. Jay Retzko of Boral Best Block earned the low score prize.
This was a member-planned and member-driven event with Scott Powers of Telluride Stone and Pem and Deb Eberlein of A.P. Eberlein doing all the work. They made the event a tremendous success.
Thank you to all of our sponsors, including Trophy sponsors A.P. Eberlein, JVS Masonry and TXI; Picnic Burger & Dog sponsor Telluride Stone; Appetizers at In the Zone sponsors Robinson Brick Company, Basalite, Boral Best Block and Rio Grande Co.; and Station sponsors Atkinson-Noland, Basalite, Threewit-Cooper, Summit Brick, US Masonry, JVS Masonry, Fischbach Masonry, Colorado Scaffolding, TXI, and United Rentals.
There were tons of door prizes distributed at the awards reception at In the Zone, provided by: Bear Creek Archery, Tanglewood Archery, Archery in the Wild, Rocky Mountain Specialty Gear, No Limits Archery, Heads Up Decoys, Buck Knives, HHA Sports, Trophy Taker, Rocky Mountain Elk Foundation, Montana Decoy, Scott Archery, Muzzy, Shwacker, and Cmere Deer.
This was a member-planned and member-driven event with Scott Powers of Telluride Stone and Pem and Deb Eberlein of A.P. Eberlein doing all the work. They made the event a tremendous success.
Thank you to all of our sponsors, including Trophy sponsors A.P. Eberlein, JVS Masonry and TXI; Picnic Burger & Dog sponsor Telluride Stone; Appetizers at In the Zone sponsors Robinson Brick Company, Basalite, Boral Best Block and Rio Grande Co.; and Station sponsors Atkinson-Noland, Basalite, Threewit-Cooper, Summit Brick, US Masonry, JVS Masonry, Fischbach Masonry, Colorado Scaffolding, TXI, and United Rentals.
There were tons of door prizes distributed at the awards reception at In the Zone, provided by: Bear Creek Archery, Tanglewood Archery, Archery in the Wild, Rocky Mountain Specialty Gear, No Limits Archery, Heads Up Decoys, Buck Knives, HHA Sports, Trophy Taker, Rocky Mountain Elk Foundation, Montana Decoy, Scott Archery, Muzzy, Shwacker, and Cmere Deer.
Wednesday, August 26, 2009
Searching for an Exec
The Board of Directors has formed a search committee to identify a new Executive Director for RMMI. The job has been posted on online job boards with a live link to the job description, which is posted on RMMI’s website. Applications are due by Sept. 11, after which the interview process will begin.
Tuesday, August 25, 2009
Work Ethic will be Taught in Schools
There is a huge change in education about to take place in Colorado. The Postsecondary and Workforce Readiness requirements that students will be taught include not only basic academics, but also learning and behavior skills. Two key areas that are of interest to all the construction trades are “Work Ethic” and “Personal Responsibility.” Other items of note include “Collaboration” “Communication” and “Critical Thinking and Problem Solving.” For more information on the Postsecondary and Workforce Readiness requirements, go to the Colorado Department of Education homepage. http://www.cde.state.co.us/
Monday, August 24, 2009
Apprentice Training
Speaking of education, there is still time to enroll students in the fall Masonry Arts class at Front Range Community College. High School Juniors and Seniors can take these classes, as well as traditional apprentices and unemployed workers looking to improve their employability. This semester FRCC is running a “stacked” class, which means all skill levels are in the same class but receive different levels of instruction. The class is Tuesday and Thursday nights from 6 to 8:30 p.m. Contact Ryan at FRCC 303-404-5233.
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