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 811
 NMUCA Newsletter
                   
November  2015

From the Executive Director's Desk

American Flag 

 
Hello Members!! 

This is the time of year that seems to fly by the fastest as we approach the holidays and the end of the year. I am very pleased to tell you that this has been one of the most productive and successful years that our association has enjoyed. We have managed to provide more training, more education, more benefits, more networking opportunities, more community outreach, and more influence on legislation than other years prior since I've been working with NMUCA. (That's been over 15 years now). This year was the first year at being an independent association, and it has been a success! Thank you each and every member for having the vision and courage to move forward and take this significant step into making NMUCA an independent association! Lastly, thank you for putting your trust and confidence in me to get the job done! I've never been more excited and confident about the future of our association!! 

Did you know that 2015 is also our 35th Anniversary? Why not come out and have some down time and fun on December 4th for our End-Of-Year-Social and Anniversary celebration? We'll be at the Hotel Albuquerque on December 4th from 6pm to 10pm and I promise that the business will be kept to minimum so that the DJ can start playing and everyone can have some fun. Our association is worth celebrating!! See the registration details below and RSVP by no later than November 30, 2015. 





 

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NEWSLETTER CONTENTS 


End of Year Social and Anniversary Celebration 
Long-Term Highway Transportation Bill Passes the House 
Going On Lately
NMUCA Has Moved 
2016 NMUCA Board of Directors  
ES&H Industry Safety Meeting 
CICA Recognition 
OSHA to Increase Penalties and Fines
Lack of Work, Lack of Workers 
 

       
Jane Jernigan, Executive Director
New Mexico Utility Contractors Association 
505 888 0752 Phone
505 362 8950 Cell 
nmuca@nmuca.org Email 
Web Page www.nmuca.org 
End of Year Social and 35th Anniversary Celebration 
  
  CLICK HERE to register online. 


Long Term Highway Transportation Bill on the Horizon 

November 5, 2015 
 
Following nearly three days of debate and the consideration of 147 amendments, the House of Representatives passed the Surface Transportation Reauthorization and Reform Act (STRRA) of 2015 by a vote of 363-64.  (New Mexico's Delegation voted 2 in favor (Lujan and Lujan Grisham) and 1 opposed (Pearce)).  The six-year bill is the first long-term bill to be passed in the House in a decade. The next step is for House and Senate negotiators to work out final details of the bill prior to the expiration of the current extension on Nov. 20. 
 
Thanks to all NMUCA members who contacted their legislators to urge support for the bill.
 
Prior to passage, a number of amendments were adopted by House.  An amendment to expand the mileage limit from 50 to 75 miles allowing construction drivers to reset their hours-of-service time after a 24-hour break was adopted by voice vote.  The amendment would also allow states to opt out of the increase for travel solely within a state. 
 
Representative Randy Neugebauer (R-Texas) stripped two of the Senate pay for's that provided $19 billion for the Highway Trust Fund with a new provision that would provide $59 billion for the Highway Trust Fund.  What this means is that House and Senate negotiators must now decide on whether to use the extra $40 billion to fund the final bill for five years at increased funding levels or six years at current funding levels.   Funding and other issues will be worked out during negotiations in what is called a conference committee. 
 
For more information, visit the Transportation and Infrastructure Committee Page - http://transportation.house.gov/strr-act/
 
Going on lately.....
 NMUCA has Moved!! 
On November 1st, NMUCA moved into it's new office at 3601 Pan American Frwy NE. That's on the west frontage road between Comanche and Candelaria in the Buildology Building. If you've been around this association long, you'll know that we were in this location before. Now, NMUCA has two offices, a training room and a conference room for meetings. Stop by and say hello!!  
THANK YOU so much to RMCI INC. who provided NMUCA with office space while the renovations were being done at the old office off of Edith.  
                              _____________________
 

NMUCA Board 

Thanks to all of the NMUCA members who submitted the 2016 Ballot. The following nominees were elected or re-elected to the Board of Directors: 

 
Darrin Howells, AUI Inc.     
Kelley Fetter, E2RC            
Tyler Niedermeyer, 4Rivers Equipment
Joe Menicucci, Contech Engineered Solutions

All terms expire on 12/31/2018.  The Board will designate the Executive Board at the upcoming November Board meeting. 

The full board: 

Darrin Howells, AUI Inc.     
Kelley Fetter, E2RC            
Tyler Niedermeyer, 4Rivers Equipment
Joe Menicucci, Contech Engineered Solutions
Clay Blair, RMCI Inc. (appointed to fulfill Steve Moore's term)
Brenda Barela, Poms and Associates 
Troy Otero, Groundhog Construction Services 
Jeff Webster, Desert Utility and Paving 
Dub Girand, Highway Supply LLC 
Brian Baughman, TLC Plumbing & Utility 
Colin Howard, All American Precast 


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ES&H Industry Wide Safety Meeting

The ES&H Industry Wide Safety Meeting in October was all about damage prevention. Jason Montoya, PSB Bureau Chief and Sefie Anaya, PSB Damage Prevention were the speakers for the meeting. The meetings for 2016 are as follows: 


February 4, 2016
  • OHSA Update and Fatality Report
May 5, 2016
  • Legislative Update
  • Possible NM Stand down with Scaffolding
September 1, 2016
  • Topic TBD
November 3, 2016
  • Topic TBD
If you have topics for the meetings, please contact Jane at 505 888 0752

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Our local Construction Industry Crime Alliance team gets some well deserved recognition! 

"We would like to take a minute to Recognize our AMAZING Organized Crime Unit.  On November 12, this team was recognized by the Department as the Unit of the Month!  This does not surprise us, as we know this Team provides great results day in and day out.  At the ceremony, the team all received a plaque recognizing them for their continued efforts and awesome results.  Just over the past couple of months, they have resolved cases that total several hundred thousands of dollars while recovering thousands of dollars in merchandise, equipment and fraudulent document equipment.  Well Done Team!  We appreciate all that you do each and every day.  The work and partnership you have developed with your community is second to none and a model that all communities could benefit from!  Keep up the Good Work, because as we all know, Good will ALWAYS Win over Evil!  Be Safe Team!" Ken Cox, Connect President 

Photo Left to Right: Chief Eden, Sgt. Dorian, Det. Champine, Det. Moore, Det. Pelot, Civilan Heather Kelsoe, Det. Santistevan, Lt. Cappon.  (Not Pictured, Cmdr McRae)





OSHA Increased Penalties and Fines 

 OSHA to Increase Penalties and Fines

What's Changing
On November 3rd it was announced that the Federal Budget Agreement, which was quickly worked out behind closed doors and signed the day before, includes unexpected provisions authorizing the Occupational Safety and Health Administration (OSHA) to increase penalties for the first time since 1990. The new provision is entitled the "Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015." To the surprise of most observers, the amount of the increase could be as much as 82%.

This law seems designed to compensate for the "freeze" on financial penalty increases that had been in place for the last 25 years. (OSHA had previously been limited by the Federal Civil Penalties Inflation Adjustment Act of 1990 which prevented it from increasing penalties.) The Agreement requires OSHA to make a one-time "catch-up" increase to compensate for the more than two decades of no increases. The catch-up increase can't exceed the inflation rate from 1990 through 2015 as measured by the Consumer Price Index (CPI), which is expected to be around 82%.

Assuming OSHA applies the maximum catch-up increase allowed, the current maximum $70,000 fine for a Repeat and Willful violation would grow to as much as $125,000 each. The new act does include a potential exception to the increases. OSHA is allowed to forego following the  guidelines if "increasing the civil monetary penalty by the otherwise required amount will have a negative economic impact [on America]" or "the social costs of increasing the civil monetary penalty by the otherwise required amount outweigh the benefits." This language gives OSHA considerable latitude to apply these fines as they see fit.

After the one-time "catch-up" increase is implemented, OSHA will then annually increase maximum penalties at a rate equal to the amount of the inflation rate for the prior fiscal year.

OSHA has not yet commented on this development and it is not clear whether it will choose to increase penalties to the full extent allowed. However, based on the consistent comments from the current OSHA administration about the benefits of stiffer regulatory punishments, it's highly likely that they will implement most, if not all, of the increases.

The initial penalty increases must become effective by August 1, 2016, but we should expect to learn well before then the extent to which OSHA will increase these penalties and fines. The Federal Office of Management and Budget is expected to issue guidance on implementing the bill's provisions by January 31, 2016.

What Should Employers Do Now?
Employers may have several months to anticipate these higher penalties, but action on safety should begin immediately. Workplace safety has benefits that go beyond avoiding expensive penalties.  Workplace safety protects workers, improves morale and can actually help the bottom line profits for all workplaces. Rather than just treating safety as an expense, management should work to develop a business plan to achieve safety goals, avoid fines, and reduce insurance expense and lost time.

To read more articles and information about workplace safety and OSHA compliance, please visit these free online resources from National Safety Compliance:

Workplace Safety & OSHA Forum - your comments, questions and answers

OSHA Blog - information and articles about workplace safety
 
Lunch and Learn 

Lack of Workers, Not Work, Drives Declines in Construction Employment

OCT 27, 2015 SOURCE: ASSOCIATED GENERAL CONTRACTORS OF AMERICA

     
 CLICK HERE for Full Article and more details. 

Construction employment declined in 144 out of 358 metro areas between September 2014 and September 2015, while construction was stagnant in 55 and increased in 159 metro areas, according to a new analysis of federal employment data released today by the Associated General Contractors of America. Association officials said many contractors are having a hard time finding qualified workers to fill available positions, which may account for the underwhelming employment figures.
"It appears that many of these job losses have more to do with a lack of workers than they do a lack of work," said Stephen E. Sandherr, the association's chief executive officer. "While some markets are seeing a softening in demand, overall construction spending continues to rise while the sector's unemployment rate continues to fall."
The largest job losses from September 2014 to September 2015 were in Fort Worth-Arlington, Texas (-6,200 jobs, -8%) followed by:
  • Houston-The Woodlands-Sugar Land, Texas (-3,300 jobs, -2%)
  • Bergen-Hudson-Passaic, N.J. (-2,700 jobs, -9%)
  • New Orleans-Metairie, La. (-1,700 jobs, -5%)
  • Akron, Ohio (-1,600 jobs, -12%)
The largest percentage decline for the past year was in Las Cruces, N.M. (-17%, -600 jobs) followed by:
  • Lawrence-Methuen Town-Salem, Mass.-N.H. (-17%, -400 jobs)
  • Sierra Vista-Douglas, Ariz. (-17%, -200 jobs)
  • Gulfport-Biloxi-Pascagoula, Miss. (-16%, -1,400 jobs)
Phoenix-Mesa-Scottsdale, Ariz. (8,200 jobs, 9%) added the most construction jobs during the past year. Other metro areas adding a large number of construction jobs include:
  • Denver-Aurora-Lakewood, Colo. (7,900 jobs, 8%)
  • Seattle-Bellevue-Everett, Wash. (6,900 jobs, 8%)
  • Los Angeles-Long Beach-Glendale, Calif. (6,800 jobs, 6%)
The largest percentage gains occurred in:
  • Weirton-Steubenville, W.Va.-Ohio (33%, 600 jobs)
  • Fairbanks, Alaska (19%, 600 jobs)
  • Wenatchee, Wash. (17%, 400 jobs)
  • Boise City, Idaho (16%, 2,800 jobs)
Association officials noted that 86% of firms that participated in a recent association survey reported having a hard time finding qualified workers to fill available positions. They urged federal, state and local officials to boost funding for career and technical education and make it easier to establish construction-focused high school programs and for firms to establish their own training programs.
"The sad fact is our educational system is doing a great job of preparing students for jobs that don't exist and a lousy job getting them prepared for high paying jobs like construction that do exist," said Sandherr. "Until we have an educational and training system that is aligned to economic reality, construction projects are likely to cost more and take longer to complete."

 
 

 New Mexico Utility Contractors Association