|
2016 Investment Sponsors
Platinum Sponsors
|
Gold Sponsors
NEW CONCEPTS INC.
Silver Sponsors
All America Precast
Highway Supply LLC
Ritchie Bros. Auctioneers
|
|
|
|
From the Executive Director's Desk
| |
Greetings Members!!
Dear Member,
Hello Spring and Warmer Weather!!
We have almost completed our upcoming class schedule for the year and I hope you take advantage of classes whenever you can. The following classes have been scheduled:
03/11 Workers Comp. There's a claim, now what? Dan Stock Adjusting Alternatives
03/24 Developing Supervisors for Safety - Bill Devinney, AON Risk Services
04/01 EMR - Dawn Brazell, AON Risk Services
05/02 - 05/06 Fall Protection OSHA Stand Down Week
05/27 Accident Investigation Bill Devinney, AON Risk Services
06/03 CPR/First Aid, Bill Devinney, AON Risk Services
06/10 Crane Law Class, John Brown, Santa Fe Hyrdo Excavation
07/08 Construction Law - Getting Paid, Mike Menicucci, Calvert, Menicucci
08/05 Crises Management, Bill Devinney, AON Risk Services
08/26 Confined Space, Brenda Barela, Poms and Associates
09/02 CPR/First Aid, Bill Devinney, AON Risk Services
10/14 PPE Brenda Barela, Poms and Associates
10/21 Construction Law (topic tbd) Mike Menicucci, Calvert Menicucci
Being Scheduled:
Estate Planning
Trenching and Excavation Competent Person
Confined Spaced Spanish
OSHA 10 English/Spanish
OSHA 30 English/Spanish
SWPPP
Conflict Resolution
How to fill out your OSHA 300 Log - End of Year
The newsletter is a bit long this month, but there's a lot going on. I love to get feedback and suggestions - good or bad, please send me an email! jane.nmuca@gmail.com
Also, please welcome our newest member Indeed Safety that will assist NMUCA in fulfilling the demand for Spanish Training and also extends a discount to NMUCA members.
 Indeed Safety, Inc. is a national safety consulting firm, with a team of dedicated consulting professionals whose practice is the implementation and execution of workplace safety. We specialize in contract safety director services, craft safety and construction site safety supervision. Our team of professional consultants is comprised of individuals with various specialties and areas of expertise. Indeed Safety takes pride in ongoing professional development, therefore allowing our consultants to continuously keep current with trends in the industry.
Daniel Chavez David Chavez Albuquerque, NM
(855) 338-6921
(505) 243-1371
_________________________________________________________
March 11, 2016 Worker's Compensation Claims
__________________________________________________________
March 24, 2016 Developing Supervisors For Safety
Jane Jernigan, Executive Director
New Mexico Utility Contractors Association
505 888 0752 Phone
505 362 8950 Cell
505 884 0668 Fax
|
|
|
SB 214 Worker's Compensation and Benefits
NM Governor Martinez signed SB 214 Worker's Compensation and Benefits on March 2nd. NMUCA lobbied for passage of this bill for the past several years and it is a very good fix to NM's Worker's Compensation Law.
The bill would provide that workers who willfully or intentionally cause injury shall not be entitled to worker's compensation benefits. It also amends to provide that indemnity benefits of an intoxicated worker will be reduced between 10 and 90 percent based on the degree that the worker's intoxication or influence of drugs contributes to an accident.
A reduction in benefits is not allowed if the employer does not have a written drug and alcohol workplace policy. The worker will not be entitled to benefits if the worker refuses testing requested by the employer.
An amendment added that made the passage of the bill possible adds a provision that prohibits an employer from claiming a reduction in an intoxicated worker's indemnity benefits if the employer had actual or constructive knowledge of the workers' intoxication and had reasonable opportunity to take corrective action prior to the accident but failed to do so.
The Worker's Compensation Administration shall promulgate rules to govern testing and cutoff levels.
|
| Upcoming Dates | |
March 9, 2016 Safety Committee 7am
March 9, 2016 Human Resources Committee 8am
March 10, 2016 Planning Committee 8am
March 11, 2016 Worker's Compensation Claims 11-1pm
March 14, 2016 Membership Committee 1pm
March 17, 2016 Board of Directors 8am
March 24, 2016 Developing Supervisors For Safety -Lunch and Learn
April 1, 2016 EMR Lunch and Learn- The formula and how it effects you
April 21, 2016 Membership Meeting
April 29, 2016 NMRCGA in Artesia
|
|
Santa Fe Summit and Legislative Report
| |
Picture taken in the Governor's office during the Santa Fe Summit on February 12 with (left to right) Brenda Barela, Poms and Associates; Tyler Niedermeyer, 4Rivers Equipment; Emily Safford, Highway Supply, LLC; Jane Jernigan, NMUCA; Brian Baughman, TLC Plumbing & Utility; Leana Martinez, RMCI Inc.
Thanks for attending!!
Legislative Summary for the 2016 NM Legislative Session
Linked below is the 2016 NM Legislative Summary for NMUCA. There were three significant victories this past session: SB 214 Worker's Compensation Benefits and Intoxication, HB 99 Driver's License Issuance & Federal Real Id., & HB 283 Unemployment Compensation Contribution Rates.
Disappointing losses include HB 307 Capital Outlay Reform, HB 200 Prevailing Wage Bill, HB 211 Employment Preemptive Bill, SB 249 Workers Comp Benefits Entitlement, & SB 245 Medical Cannabis as reimbursable benefit.
Governor Martinez has until March 9, 2016 to act on legislation. After March 9, legislation not acted upon by the governor is considered pocket vetoed. For the list of all passed legislation, Click Here. To read NMUCA session updates and summaries in their entirety Click Here
HB 307 would have changed the current Capital Outlay system by stopping allocations to legislators and the executive branch and pooling the money instead to ensure that the money is being spent on pertinent projects that are fully funded and therefore can be completed. The council to make the decisions would be legislators with executive involvement and appointed persons from business and labor. This bill also works with several government agencies so that funding from other sources is procured and used. With 0% of the Capital Outlay from 2015 spent, only 10% from 2014 spent and only 33% from 2013 spent, the current system obviously didn't work.
For one example of the disfunctioning current system, the downtown courthouse requested $1.4 million to finish the 4th floor; the project received $30 thousand dollars. This $30K cannot be used for any other project but obviously the money will not be spent because it's not even close to enough for the project to be completed or even started. The money will be added to a fund that currently has a balance over $1 billion (yes, billion!). $300 Million is expected to be added to that fund this year as projects will not be completed and the money will not be spent.
HB 200 would have brought back the survey for the purpose of setting prevailing wages so that all companies are eligible to participate in providing data for setting the prevailing wages. The bill would also have capped the state prevailing wage to the Federal Davis Bacon wages and would have exempted highway and public schools.
HB 211 would have stopped local municipalities from created employment law. With the passage of this bill, employment law would have to be changed at the state level only. It originally included a "minimum wage" component but it was removed.
SB 249 (HB194) would have terminated a worker's entitlement to disability benefits when an injured worker engages in misconduct or is terminated for cause unrelated to the work injury after returning to work following an injury. The bill also provides for bad faith penalties against an employer who terminates a worker for pre-textual reasons to avoid payment of benefits.
SB 245 (HB195) would have amended the Workers' Compensation Act to exempt employers and insurers from responsibility to reimburse an injured worker for the cost of medical cannabis. Currently, employers must pay (reimburse) the employee which goes against the company's own Alcohol and Drug Policy and is illegal under Federal Law.
PASSED LEGISLATION
Senate Bill 214 - Worker's Compensation Benefits and Intoxication
Synopsis of Original Bill -Senate Bill 214 repeals section 52-1-12 NMSA 1978 and amends sections 52-1-11 and 52-1-12.1 NMSA 1978 of the Workers' Compensation Act. Section 52-1-11 NMSA 1978 would provide that workers who willfully or intentionally cause injury is not entitled to workers' compensation benefits. Section 52-1-12.1 would be amended to provide that indemnity benefits of an intoxicated worker will be reduced between 10 percent and 90 percent based on the degree the worker's intoxication or influence of drugs contributes to the accident. A reduction in benefits is not allowed if an employer does not have a written drug and alcohol workplace policy. However, a worker will not be entitled to benefits should the worker refuse testing requested by the employer. The bill provides that the Workers' Compensation Administration promulgate rules to govern testing and cutoff levels.
Synopsis of SCORC Amendment -The amendment adds a provision that prohibits employers from claiming a reduction in an intoxicated worker's indemnity benefits if the employer had actual or constructive knowledge of the workers' intoxication and had a reasonable opportunity to take corrective action prior to the accident but failed to do so.
House Bill 283 Unemployment Compensation Contribution Rates
Synopsis of Bill The House Judiciary Committee (HJC) Substitute for House Business and Employment Committee Substitute for House Bill 283 makes technical drafting-oriented changes to the House Business and Employment Committee (HBEC) Substitute. The HBEC Substitute for House Bill 283 proposes a number of changes to the originally introduced HB 283. The Substitute Bill removes the delayed repeal provision, making HB 283's reforms permanent. Further, HB 283 changes the effective date of the legislation so that the new tax rate formula would apply to the third and fourth quarters of calendar year 2016 going forward. HB 283 originally proposed to make the new formula effective retroactively to the beginning of calendar year 2016. However, the HJC raised comes concerns about potential ambiguities and requested some drafting changes to assure that the intent of HB 283 was carried out and that the 2016 mid-year recalculation was not repeated in subsequent years. Read More...
House Bill 99 Driver's License Issuance and Federal Real ID
Synopsis of Original Bill House Bill 99 amends and enacts statutory sections of the Motor Vehicle Code to provide for the issuance of driver's licenses and ID cards able to meet federal requirements and to be accepted by federal agencies for official purposes pursuant to the REAL ID Act of 2005 as well as a driving privilege card for foreign nationals without evidence of lawful presence in the United States. The bill provides that a "citizen or national" may only apply for a driver's license or ID that meets federal standards. For eligibility to receive a REAL ID compliant license or ID, foreign nationals must demonstrate proof of authorized legal presence in the United States. A license or ID issued to a foreign national will expire on the date that proof of legal presence expires.
The bill makes "driving privilege cards" available to foreign nationals who cannot demonstrate proof of authorized legal presence in the United States. To be eligible for a driving privilege card, applicants must meet requirements in addition to those required for a REAL ID license or ID, however, the requirement for a social security member is not applicable. The applicant must submit an affidavit that they are a current resident in NM and proof of personal income tax return filing for the preceding year or proof that they have been a resident in NM for the preceding two years. They must also furnish evidence that they completed a driver's education course and passed a written and driving examination, proof of their identity, and evidence of their unique identifying number, taxpayer identification number, or other acceptable document determined by the secretary. The driving privilege card will expire one year after the effective date of the card. The new material enacted by the bill (Section 15), requires that an applicant for a driving privilege card submit fingerprints and a photograph provided by the Department of Public Safety (DPS) and "a signed waiver from the person whose fingerprints are being registered in the federal bureau of investigation's next generation identification system's rap back service." DPS is tasked with checking the fingerprints against state and regional criminal records databases and maintaining a separate file of fingerprints for search by future submissions to the local and regional criminal records databases. The individual applicant is responsible for fees associated with fingerprinting. The new material also establishes that the driving privilege card is not valid for identification purposes outside the exterior boundaries of NM. No non-federal compliant ID option is created in this bill. READ MORE......
|
|
Missed Something?
|
Did you know that you can read past newsletters dating all the way back to 2009 online? If you missed a newsletter, CLICK HERE and you will be directed to the NMUCA Newsletter Archive Page.
Recent News:
|
Violence in the Workplace
| |
Utility Contractor Magazine
February 26, 2016
Article by Meghan Krzys
Construction is a high-pressure industry. On occasion, this pressure causes confrontation, which can lead to verbal threats, shouting, cursing, fights, flared tempers and violent acts. When we think of violence in the workplace, the first thing that comes to mind is a disgruntled postal worker entering the office with a gun and shooting his boss.
While workplace murders grab media attention, they are only part of the problem. For each murder, there are countless other incidents of workplace violence in which victims are harassed, threatened or injured. According to the National Institute for Occupational Safety and Health (NIOSH), "Workplace Violence is any physical assault, threatening behavior or verbal abuse occurring in the workplace setting." It includes, but is not limited to, physical violence, intimidation, rape, harassment, profanity or psychological trauma such as threats, threatening or obscene phone calls, an intimidating presence, being followed or shouted at and any other disruptive or potentially dangerous behavior. Although the construction industry is not one of the industry sectors most frequently affected by violence in the workplace, there are far more incidents than you may think because a lot of incidents go unreported. Workplace violence in any form is a serious health and safety issue that construction owners and safety directors should be prepared to deal with. There are several categories of workplace violence of which employers should be aware. They include: Click to Read More
|
|
Clean Water Construction Coalition
|
Updates from the CWCC
-
Coalition Representatives Continue To Focus On The Reauthorization Of Both The Water Resources Development and The Clean Water Acts
-
Obama Administration's Fiscal Year 2017 Budget Request Proposes An Increase To The Safe Drinking Water SRF Program And A Cut To The Clean Water SRF Program And Corps Of Engineers Program.
-
February 2016 Insights
|
|
OSHA Consultation Program
|
New Mexico Occupational Health & Safety Bureau
Consultation Program
The free and confidential On-site Consultation Program is an excellent way for employers with 250 or fewer workers to address workplace safety and health. This program is administered by the New Mexico State Occupational Health and Safety Bureau (OHSB) Consultation Program. Designed for small employers, the On-site Consultation Program can help you identify hazards and find effective and economical solutions for eliminating or controlling them. The service is cost-free and confidential, and there are no fines even if problems are discovered during the consultant's visit to your site. The consultant can also assist you in developing and implementing an injury and illness prevention program-an effective way to manage safety and health at your workplace.
The Consultation Program is NOT part of OSHA Enforcement/Compliance. OSHA Enforcement/Compliance conducts unannounced inspections, which may result in enforcement penalties, if hazards are found. The OHSB Consultation Program wants to help you to prevent this from happening.
The OHSB Consultants are here to help you to reduce the liabilities of hazards in your work place. If you would like to request on-site consultation service, please fill out the online Consultation Request Form and we will contact you soon. If you do not hear from us within two weeks, please contact Lisa Spahr, 505-222-9505 to check on the status. You may also submit a hard copy Consultation Form When you request and agree to a consultation visit, you agree to correct any serious hazards or imminently dangerous situations that might be identified. Hazards must be corrected in the time frame decided upon between you and the consultant for the safety of your employees.
The OSHA standard 1908.6(e)(8) requires that you post the list of serious hazards and correction due dates when you receive it from your consultant for a minimum of three days or until all hazards are corrected. Information on other hazards as well as correction methods proposed must also be made available to employees.
Print the linked Consultation Trifolds for information on our services:
The On-site Consultation Program may be contacted at:
Telephone: 505-222-9505
Email: lisa.spahr@state.nm.us
Mailing Address:
Attention: Lisa Spahr
121 Tijeras Ave. NE
STE 1000
Albuquerque, NM 87102-3400
|
|
|
New Mexico Utility Contractors Association |
|
|
