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NMUCA Newsletter

June 2016

From the Executive Director's Desk

Greetings Members!!

Don't forget to register for the upcoming NMUCA Membership Meeting on June 16, 2016 - an evening meeting. This newsletter is packed with lots of information about events and topics that you need to know:

Upcoming Dates
Membership Meeting Information and Registration
NMUCA Night at Isotopes Information and Registration
OSHA's Final Rule on Reporting - What you need to know and what you need to do so that you're in compliance with the law
Clean Water Construction Coalition - D.C. Fly-In Report
Construction Law - Getting Paid
OSHA's Silica Rule -- Re-post
Accident Investigation for Supervisors Class
Department of Labor's Hour and Wage Ruling - What you need to know

I don't have to tell you that it's HOT out there! Remember to protect your employees:

WATER - REST - SHADE

Click Here for OSHA's Fact Sheet on Heat Safety and share

On Wednesday, June 8th, the Human Resources Committee will have a short presentation and Q&A on EEOC Mediation presented by Steven Meilleur, Poms & Associates. The meeting starts at 8am and will wrap up at 9am at the Association Office. You don't have to be on the HR Committee to attend; please join us!

_________________________________________________________

Jane Jernigan, Executive Director

New Mexico Utility Contractors Association

505 888 0752 Phone

505 362 8950 Cell

505 341 0191 Fax

nmuca@nmuca.org Email

WWW. NMUCA.ORG

Upcoming Dates

June 3, 2016 CPR/First Aid Certification Register Online

June 8, 2016 Safety Committee 7am

June 8, 2016 Human Resources Committee 8am

June 9, 2016 Planning Committee 8am

June 13, 2016 Membership Committee 1pm

June 14, 2016 Construction Industry Crime Alliance 11-Noon

June 16, 2016 Mid-Year-Social Membership Meeting Register Online

June 18, 2016 NMUCA Night at Isotopes Park Register Online

July 8, 2016 Construction Law Register Online

July 22, 2016 Accident Investigation for Supervisors Register Online

End-Of-Year-Social

Please join us for the End-Of-Year-Social Membership meeting on June 16, 2016. Register Online Here

NMUCA Night at Isotopes Park

REGISTER ASAP -- Only a handful of tickets left

Come out for our annual family friendly picnic at Isotopes Park on June 18th. This event sells out quickly, so get your tickets ASAP.

Thank you to E2RC for sponsoring this event and RMCI Inc. for providing some adult refreshment!

OSHA's Injury/Illness Reporting

OSHA's updated recordkeeping rule expands the list of severe injuries that all employers must report to OSHA. New Mexico State Plan implementation August 10, 2016.

What am I required to report under the new rule?

Previously, employers had to report the following to OSHA:

* All work-related fatalities

* Work-related hospitalizations of three or more employees

Starting in 2015, employers will have to report the following to OSHA:

* All work-related fatalities

* All work-related inpatient hospitalizations of one or more employees

* All work-related amputations

* All work-related losses of an eye

Who is covered under the new rule?

All employers under OSHA jurisdiction must report all work-related fatalities, hospitalizations, amputations and losses of an eye to OSHA, even employers who are exempt from routinely keeping OSHA injury and illness records due to company size or industry. An amputation is defined as the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; and amputations of body parts that have since been reattached.

How soon must I report a fatality or severe injury or illness?

Employers must report work-related fatalities within 8 hours of finding out about them. Employers only have to report fatalities that occurred within 30 days of a work-related incident.

For any inpatient hospitalization, amputation, or eye loss employers must report the incident within 24 hours of learning about it. Employers only have to report an inpatient hospitalization, amputation or loss of an eye that occurs within 24 hours of a work-related incident.

How do I report an event to OSHA?

Employers have three options for reporting the event:

* By telephone to the nearest OSHA Area Office during normal business hours. NM - (505) 476-8700

* By telephone to the 24-hour OSHA hotline at 1-800-321-OSHA (6742).

* OSHA is developing a new means of reporting events electronically, which will be available soon at www.osha.gov.

What information do I need to report?

For any fatality that occurs within 30 days of a work-related incident, employers must report the event within 8 hours of finding out about it.

For any inpatient hospitalization, amputation, or eye loss that occurs within 24 hours of a workrelated incident, employers must report the event within 24 hours of learning about it.

Employers reporting a fatality, inpatient hospitalization, amputation or loss of an eye to OSHA must report the following information:

* Establishment name

* Location of the work-related incident

* Time of the work-related incident

* Type of reportable event (i.e., fatality, inpatient hospitalization, amputation or loss of an eye)

* Number of employees who suffered the event

* Names of the employees who suffered the event

* Contact person and his or her phone number

* Brief description of the work-related incident Employers do not have to report an event if it:

* Resulted from a motor vehicle accident on a public street or highway. Employers must report the event if it happened in a construction work zone.

* Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, streetcar, light rail, train).

* Occurred more than 30 days after the workrelated incident in the case of a fatality or more than 24 hours after the work-related incident in the case of an inpatient hospitalization, amputation, or loss of an eye.

Employers do not have to report an inpatient hospitalization if it was for diagnostic testing or observation only. An inpatient hospitalization is defined as a formal admission to the inpatient service of a hospital or clinic for care or treatment. Employers do have to report an inpatient hospitalization due to a heart attack, if the heart attack resulted from a work-related incident.

Where can I find more information? For more information about the updated reporting requirements, visit OSHA's webpage on the revised recordkeeping rule at www.osha.gov/ recordkeeping2014.

Clean Water Construction Coalition - D.C. Fly-In

As you already are aware, NMUCA became an independent state association in January of 2015 when we separated from NUCA. One of the very important and essential benefits of our connection in Washington D.C. was disrupted with this separation. It has been a top priority of the NMUCA Board of Directors to ensure that this "gap" should be filled and our presence and relationships with our national delegation be maintained and ongoing.

Last year, NMUCA joined a group called the Clean Water Construction Coalition (CWCC). I am pleased to report that this group was able to replace and even exceed our need in regards to our Washington D.C. lobbying efforts and connections.

The Clean Water Construction Coalition is a national organization of construction associations whose purpose is to promote federal legislation that improves water and wastewater infrastructure on a national level. The Clean Water Construction Coalition is currently comprised of 30 dedicated state associations representing 11,000 member firms and is provided additional support by 10 organizational partners, National Associations, and is represented in 23 states and the District of Columbia. The group is assisted by Sante Esposito, former chief counsel to the House Committee on Transportation and Infrastructure, in its endeavors.

On May 10-11, 2016, I attended the annual CWCC Annual D.C. Fly-In which included meeting other members of the CWCC, Legislative Briefing and support, and appointments with New Mexico's delegation on issues important to our industry. Please see the report below summarizing the issues and my appointments.

NMUCA's legislative issues remain the same whether they are at the city, county, state, or federal level. NMUCA encourages and lobbies for investments in infrastructure and good business practices so that our industry and businesses can flourish and grow.

Thank you for your membership and your trust in me to be your voice! Legislative involvement is a very important benefit as a member of NMUCA, and I am proud to be your lobbyist. I always encourage input from members on any association matter, please call, email, or drop by my office.

Washington D.C. Fly-In

Clean Water Construction Coalition

May 10 & 11, 2016

Report

Meeting with:

Representative Stephen Pearce & Policy Director Congressional Western Caucas Robert MacGregor

Representative Michelle Lujan Grisham & Senior Legislative Assistant Alma Acosta

Representative Ben Ray Lujan's Legislative Assistant Scott Stockwell

Senator Udall's legislative assistant Anthony Sedillo

Senator Heinrich's Legislative Assistant Maya Hermann

Meeting with CWCC on Tuesday morning for official meeting of the CWCC to review financials, members and legislative activity. Meeting included a legislative briefing on the following issues:

Federal Appropriations:

SRF - State Revolving funds for clean water and safe drinking water (loans 0-3%)

FY2017 Budget The Clean Water SRF sees a $414,387,000 reduction from 2016 level. Asking for a level at 2 Billion
Just over 1 billion for Safe Drinking Water SRF - asking for 2 billion.
Letter to House Appropriations Committee calling for 2 billion each - signed by Congresswoman Lujan Grisham.

WIFIA - Water Infrastructure Finance and Innovation Act

WIFIA is a financing mechanism for water and wastewater funding
WIFIA is currently funded at $20 million with $15million in direct loans and $5million administration costs.
Public health emergencies - Flint, MI,
Costs communities double or triple when emergency repairs are made rather than scheduled maintenance, repairs and replacement.

American Society of Engineers' Report Card:

D on drinking water

D on wastewater infrastructure

For every $1 Billion investment in infrastructure, approx. 27,000 new jobs and 3.4 billion added to GDP.

EPA estimates $384 Billion in needs over next 20 Years.

WRRDA - Water Resources Development Act SB 2848

Clean Water Trust Fund - voluntary label system for water bottle manufacturers for a 3c per bottle. Estimated at $2 billion a year.
Requires EPA to conduct a study on potential role of low income assistance programs
Require EPA to update 1997 affordability guide
Codify Integrated Planning into Clean Water Act - use of compliance schedules.
Authorizes $1.8 billion for CWA's sewer overflow control grant
$300 million for reduction of lead in drinking water (Flint, MI)
$50 million a year for innovative water technology (water reuse, recycle)
$48 million water desalination.

WRDA on House side - expecting a bill for markup by the end of May. Will look quite different from the Senate bill. NMUCA asked that the House members consider inserting The Water Trust Fund into the House bill.

Legislation:

WRDA - SB 2848 (see above)

House Resolution 4954 (24 Co-Sponsors None from NM)

Increases SRF Clean Water Funding

$2 Billion in 2017

$3 Billion in 2018

$4 Billion in 2019

$5 Billion in 2020

$6 Billion in 2021

House Resolution 499 - Sustainable Water Infrastructure Investment Act

Exempts state volume caps on facility bonds for sewage and water supply facilities. (cap on water and wastewater passed in 2015)

Construction Law -- by Mike Menicucci

Click Here to Register Online

OSHA's New Silica Ruling

OSHA has released it's new rule on silica and you should be aware of the new requirements. OSHA has set up a page dedicated to the new rule and you can CLICK HERE to view it.

Note that the new rule becomes effective on June 23, 2016 and will be enforced by OSHA on June 23, 2017.

Currently, several industry associations have filed a lawsuit against the new rule. There may or may not be an injunction, so the best way to proceed is to be prepared to be in full compliance. The final rule has a significant impact on the construction industry.

Helpful Links:

Rule requires engineering controls to keep workers from breathing silica dust

The Occupational Safety and Health Administration (OSHA) has issued a final rule to curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica. The rule is comprised of two standards, one for Construction and one for General Industry and Maritime.

OSHA estimates that the rule will save over 600 lives and prevent more than 900 new cases of silicosis each year, once its effects are fully realized. The Final Rule is projected to provide net benefits of about $7.7 billion, annually.

About 2.3 million workers are exposed to respirable crystalline silica in their workplaces, including 2 million construction workers who drill, cut, crush, or grind silica-containing materials such as concrete and stone, and 300,000 workers in general industry operations such as brick manufacturing, foundries, and hydraulic fracturing, also known as fracking. Responsible employers have been protecting workers from harmful exposure to respirable crystalline silica for years, using widely-available equipment that controls dust with water or a vacuum system.

Key Provisions

Reduces the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift.
Requires employers to: use engineering controls (such as water or ventilation) to limit worker exposure to the PEL; provide respirators when engineering controls cannot adequately limit exposure; limit worker access to high exposure areas; develop a written exposure control plan, offer medical exams to highly exposed workers, and train workers on silica risks and how to limit exposures.
Provides medical exams to monitor highly exposed workers and gives them information about their lung health.
Provides flexibility to help employers - especially small businesses - protect workers from silica exposure.

Compliance Schedule

Both standards contained in the final rule take effect on June 23, 2016.

Construction - June 23, 2017, one year after the effective date.

Accident Investigation

Click Here To Register Online

Final Rule on Wages from the Department of Labor

Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees

This Final Rule updates the salary level required for exemption to ensure that the FLSA's intended overtime protections are fully implemented, and to simplify the identification of overtime-protected employees, thus making the EAP exemption easier for employers and workers to understand and apply. Without intervening action by their employers, it extends the right to overtime pay to an estimated 4.2 million workers who are currently exempt. It also strengthens existing overtime protections for 5.7 million additional white collar salaried workers and 3.2 million salaried blue collar workers whose entitlement to overtime pay will no longer rely on the application of the duties test.

* Key Provisions of the Final Rule *

The Final Rule focuses primarily on updating the salary and compensation levels needed for EAP workers to be exempt. Specifically, the Final Rule:

Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South, which is $913 per week or $47,476 annually for a full-year worker;
Sets the total annual compensation requirement for highly compensated employees (HCE) subject to a minimal duties test to the annual equivalent of the 90th percentile of full-time salaried workers nationally, which is $134,004; and
Establishes a mechanism for automatically updating the salary and compensation levels every three years to maintain the levels at the above percentiles and to ensure that they continue to provide useful and effective tests for exemption.

Additionally, the Final Rule amends the salary basis test to allow employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level. The Final Rule makes no changes to the duties tests.

Effective Date

The effective date of the Final Rule is December 1, 2016. The initial increases to the standard salary level (from $455 to $913 per week) and HCE total annual compensation requirement (from $100,000 to $134,004 per year) will be effective on that date. Future automatic updates to those thresholds will occur every three years, beginning on January 1, 2020.