October 9, 2015

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News

 

Immediate Action Required Workers’ Compensation Payroll Reporting Deadline Approaching
As a current member, you may be aware that the Ohio Bureau of Workers’ Compensation (BWC) has recently transitioned to its new prospective premium payment system. The BWC is providing a ‘Transition Credit’ in place of your January through June 2015 premium payment.

 

In order to receive the credit, employers needed to file a payroll report for the January – June, 2015 period with BWC by August, 31, 2015. Employers that did not file the payroll report, had the premium for that period estimated and the BWC invoiced them on October 1, 2015.

If you have not reported your payroll for this period there is still time to resolve the issue. You can use the BWC website (www.bwc.ohio.gov and click on ‘Report & Pay’) to report the actual payroll for the referenced period. Note you are simply reporting the payroll, and if done by October 30, you will not need to make a premium payment for that payroll period. Once reported BWC will reverse the estimated premium, post the actual premium and issue the transition credit to eligible policies.

 

It is imperative that you report this actual payroll by October 30th. Employers that do not resolve this reporting issue timely:

 

·         Are subject to certification to the Ohio Attorney General for final collection of the outstanding premium.

·         May jeopardize their eligibility for Group & Alternative Programs for Policy Year 2016.

·         May lose the transition credit for the January through June 2015 reporting period and be required to pay the premium in full.

 

If you have recently supplied the payroll to BWC, and fulfilled your requirement, please disregard this notice.


Now Is The Time To Make Your PAC Contribution
The Ohio Contractors Association has been very engaged at the Ohio Statehouse representing the concerns of your heavy/highway construction industry. The first six months of this year included the introduction, debate, and passage of the ODOT budget bill. It included billions of dollars in funding for road and bridge construction and maintenance, along with many policy issues affecting our industry. The general revenue fund budget bill also was passed on June 30th and it too contained policy issues that affect your business. So far this year, OCA has successfully fought off attempts to raise competitive bidding thresholds, abolish the prevailing wage, and raise force account limits for townships. We have moved a bill through the House and Senate that would prohibit cities or the state from imposing residency requirements on public works contracts. Our goal is to achieve final passage of that legislation before the end of this year.

 

Part of the reason for our success at the statehouse is due to your contributions to the Ohio Contractors Political Action Committee. Having an active PAC allows OCA’s Legislative Director to attend fundraisers and build relationships with legislators who are deciding which laws get passed and which don’t. It allows us to support the campaigns of those legislators and statewide candidates who value good government by supporting our issues, and to say no to those who don’t support our issues.

It is important for our industry and for you individually to engage financially via the Ohio Contractors PAC to ensure that our voice is heard at the state government level. Your financial commitment to a strong PAC helps make the Ohio Contractors Association one of the most effective associations in the state.

If you haven’t already contributed to the Ohio Contractors PAC this year, please call the OCA office today at 800.229.1388 to make a contribution on your personal credit card. Or mail a personal check to Ohio Contractors PAC, 1313 Dublin Rd., Columbus, OH 43215. We appreciate your support in advancing the concerns of our industry at the Ohio Statehouse.

 


OCA's Board of Directors Has Taken Positions On Two Ballot Issues That Will Be On The November 3rd Statewise Ballot
OCA SUPPORTS THE PASSAGE OF ISSUE 2: The goal of Issue 2 is to create a constitutional amendment that would prohibit the creation of monopolies in the Ohio Constitution. The “Ohio Initiated Monopolies Amendment” would require voters in the future to approve two questions pertaining to citizen initiatives establishing economic monopolies. Ohio’s legislators developed the Ohio Initiative Monopolies amendment in response to Issue 3 (see below)


Issue 2 would work by requiring the Ohio Ballot Board to determine if an initiative would create an economic monopoly or special privilege for any nonpublic entity, including individuals, corporations and organizations. If the Ohio Ballot Board determines an initiative would create an economic monopoly, then the board would be required to create two separate ballot questions. The first question would ask, "Shall the petitioner, in violation of division (B)(1) of Section 1e of Article II of the Ohio Constitution, be authorized to initiate a constitutional amendment that grants or creates a monopoly, oligopoly, or cartel, specifies or determines a tax rate, or confers a commercial interest, commercial right, or commercial license that is not available to other similarly situated persons?" The second question would be the ballot initiative. If both questions are approved, then the amendment would take effect. If only one question is approved, then the amendment would be defeated.

 

If voters approve the amendment, it could potentially invalidate any initiatives voters approved on the November 3 ballot that establish economic monopolies - specifically, it may invalidate the Marijuana Legalization Initiative. However, it is likely that if Issue 2 and Issue 3 both pass, the final decision of which one rules supreme would be fought out in the courts.

OCA OPPOSES ISSUE 3. Issue 3 is a proposed constitutional amendment that was submitted by a group of wealthy investors to create a monopoly that would give them, and only them, the ability to commercially cultivate marijuana on 10 predetermined sites around Ohio. The marijuana grown at those sites would be available for sale for recreational and medical marijuana usage.The amendment would allow over 1100 retail marijuana stores, more than three times the number of liquor stores currently in Ohio. In addition, adults would be able to grow marijuana for their own recreational use.

The use of the Ohio constitution to create a monopoly for a few wealthy individuals is a threat to our free market system that is built upon economic competitiveness. The fact that Issue 3 would also create many uncertainties and problems for Ohio’s employers, however, is even more troubling. Does state or federal law regarding marijuana use, possession and cultivation take precedence? How would drug-testing and the ensuing results be handled? How would safety standards be maintained in our hazardous profession? Would union contracts have to be amended for this new contingency? How would this impact our ability to attract and retain employees?

We know that Ohio’s contractors value predictability, safety, and a reliable and drug-free workforce, all of which will be jeopardized if Issue 3 passes. For that reason, we urge you to vote no on Issue 3. Please click here for more information.

 


EPA Rules On Ozone Levels, Finalized, Tightened To 70 PPB
EPA released its new stricter National Ambient Air Quality Standards (NAAQS) for ozone pollution, dropping the permissible levels from 75 parts per billion (ppb) to 70 ppb. The new rule is drawing criticism from industry. As AGC’s comments on the proposed version of the rule point out, the 75 ppb standard was only recently set, back in 2008, and the implementing guidance was not finalized until February 2015. Under the new 70 ppb standard, 241 counties, including 34 in Ohio, will be in violation, using 2012-2014 monitoring data.However, EPA notes that they will likely use 2014-2016 data when they designate areas of nonattainment.

Construction companies will feel the effects of tighter ozone limits, mainly via restrictions on equipment emissions in areas with poor air quality (direct impact), as well as additional controls on industrial facilities and planning requirements for transportation-related sources (indirect impact). Notably, nonattainment counties that are out of compliance with CAA ozone standards could have federal highway funds withheld.

 

The new rule is also drawing criticism from the environmental community, many of which are disappointed that the level was not set at 65 or 60 ppb. Some have already threatened lawsuits. AGC will be continuing to work with industry coalition partners on this issue, and will be doing a deep analysis of the new rule and its practical impacts for the construction industry over the coming weeks.



OUPS Hosting 7 Free Excavator Seminars In November
Ohio Utilities Protection Service (OUPS) is hosting seven (7) free excavator seminars across the state during the month of November. These seminars will provide you and your crews valuable information.

 

·         Nov. 4th – St. Clairsville

·         Nov. 5th – Athens

·         Nov. 10th – Grove City

·         Nov. 12th – Findlay

·         Nov. 17th – Elyria

·         Nov. 18th - Astabula

Topics include legislative update for SB 378, Ohio’s new underground damage prevention law which includes enforcement provisions, new and improved remote ticket entry (RTE), or I-dig usage, excavator training, features to OUPS’ new mobile app and so much more. Registration begins at 8:30 and lunch will follow the meeting at noon.


Confined Spaces Rule Compliance Deadline Extended
Full enforcement of OSHA's confined spaces in construction rule has been delayed once again. The new deadline is Jan. 8, but the extension applies only to residential construction.

 

The Occupational Safety and Health Administration announced the Jan. 8 deadline in a memo dated Oct. 1 and posted late Oct. 2, the day on which the previous deadline expired.

The memo, from James Maddux, head of OSHA's construction directorate, extends the temporary enforcement policy only for “employers engaged in residential construction work.”

Prior to Jan. 8, the memo says, OSHA won't issue citations under the confined spaces in construction standard to residential contractors if “the employer is making good faith efforts” to comply with the standard as long as the employer is in compliance with either the training requirements of the new standard (29 C.F.R. 1926.1207) or the old training requirements (29 C.F.R. 1926.21(b)(6)(i)).

The guidance is the same as a July 8 memo extending the deadline to Oct. 2, with the exception that the prior memo covered all construction work, not just residential (61 CLR 487, 7/16/15).

Among the requirements put on hold for residential builders are that a “competent person” conduct the initial job-site inspection, that specific information be shared among employers and that continuous air monitoring of confined spaces be performed.

OCA conducted the required training for the construction confined space regulations on September 30th in Columbus in order to meet the October 2, compliance deadline for all construction except residential. Only 12 individuals registered and attended. We expect that there will be additional demand for the confined space training among the OCA membership, and will schedule future training classes accordingly. Please contact OCA’s Safety Department if you are interested in confined space training as required by the new regulations.


Estimating Competition Coach for Bowling Green State University Needed
Doug Shealy with Mosser Construction, Inc., has been serving as a coach to BGSU students since the beginning of the competition 15 years ago. Morgan Montgomery with Vernon Nagel, Inc., also volunteers his time. While both Doug and Morgan are working with the students for the upcoming competition in February, they are requesting that one or two more people join them. The goal is for the new coaches to learn the ropes and take a bigger role next year. If you are interested, contact Rachel Sirca (
[email protected] or 614-488-0724).


RFP for Ohio Diesel Emission Reduction Grant (DERG) Program
Ohio EPA has released the 2015 Request for Proposals for $15 million in Diesel Emission Reduction Grants. Public sector diesel fleets and private sector diesel fleets with a public sponsor are invited to apply for grants from $50,000 to $1 million. Grants will reimburse up to 80% of the cost of vehicle/equipment replacement, repower, retrofit, or installation of anti-idle equipment for purposes of reducing diesel emissions in eligible Ohio counties.

 

 

Applications will be due December 1, 2015. Application guidelines are posted on the DERG program website. Ohio EPA and Ohio Department of Transportation representatives will be available for questions at an informal information session on Thursday October 8, 2015 at ODOT headquarters, 1980 W. Broad Street, Columbus, OH 43223.Conference calls are also scheduled on Tuesday, October 27 at 9:00 a.m. and Thursday November 12 at 1:00 p.m. to take additional questions from applicants. A summary of questions and answers from these calls will be posted on the program web page a few days after each call.

 

To be added to the DERG Interested Parties List please an to email [email protected]


Constructability and Value Engineering Workshops Invitation to Contractors
The Ohio Department of Transportation (ODOT) uses constructability review workshops as a project improvement technique on select major projects. The intent of the workshop is to review the project’s development and conduct brainstorming activities that include constructability analysis and reviews to identify and recommend ideas for ODOT’s consideration in the continued project design and development. This effort will be a combination constructability and value engineering workshop that will follow the approved SAVE-International phased methodology that includes the 1) Information, 2) Function Analysis, 3) Speculation, 4) Evaluation, 5) Development and 6) Presentation. By utilizing contractor input and ideas early in the design stage, a wide range of benefits can be achieved that produces a buildable, cost-effective, biddable set of construction documents and an overall better operable and maintainable project for ODOT and the public.

 

The project to be studied is the CCG3 (Central Interchange) contract group. This project, referred to as Construction Contract Group 3 (CCG3), addresses the I-77 / I-90 interchange. The I-77 work begins at the interchange with I-90 to the north and ends at the Kingsbury Bridge near East 37th Street. The I-90 work is between East 9th Street to East 22nd Street, and includes replacing the Carnegie Avenue bridge over I-90. The proposed termini for this project will match into previous CCG projects and the design will allow for additional construction work in the future.) The project is currently at about 25% design completion. More information on the Innerbelt Program can be foundhere.

As part of this process, ODOT will conduct 2 separate workshops on Thursday, October 15, 2015 and Tuesday, November 10, 2015 at ODOT District 12 offices in Garfield Heights. Attendance at both sessions is not mandatory but encouraged to provide the greatest benefit. Each day’s session will begin promptly at 9:00, end about 4:00.

Constructability Workshop #1 will provide a project team presentation and include break-out sessions with a constructability review process and idea development. Workshop #2 will be a continuation with further development and refinement of the ideas generated in the previous workshop.

 

Registration is not required, however, ODOT would appreciate knowing your interest in attending. Please email Randall (Randy) S. Over, P.E., at [email protected] that you plan to attend.

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Upcoming Events

 

Winter Conference Invitations Have Been Mailed

The invitations for the OCA Winter Conference have been mailed. This is our highest attended event of the year, packed with industry-relevant sessions and activities. If you did not receive an invitation and would like one, please contact Rachel Sirca ([email protected]) or Emily Pickens ([email protected]) and we’ll be happy to send you an e-invitation.

 

The Hilton at Easton has a reserved block of rooms for OCA. To make your reservations, go to http://tinyurl.com/2015-OCA. Our reservation code is CON. We used our entire room block the past several years, so you may want to reserve your room right away.



Sponsorship:
Associate members – take this opportunity to sponsor the reception and casino night during this year’s winter conference – our most attended event of the year! The cost to host is $200. We will have large screens throughout the exhibit / reception area, displaying the names of all hosts. We also list all hosts in our newsletter. Please watch your mail for a notice on sponsorship opportunity. Thank you in advance!



2016 Conaway Conference Dates

 

The dates of this collaborative conference between OCA and ODOT will be March 15 and 16. Contact Chris Engle or Rachel Sirca with questions.

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Safety Talks

 

Click here to view the OCA JobsiteSafety Talk.