Archive | Printer Friendly Version | Send to a Friend | www.texoassociation.org October 1, 2013  
Griffith Davison & Shurtleff, P. C

The Game Changing Program Has Started, Don't Miss It!

Do you have new employees that need safety training? Do you have existing employees that need a safety refresher? What about an employee that needs OSHA 10-hour training?


TEXO Safety First, taught in both English and Spanish, classes are now open!

To see a list of available classes or to register, click here. For more information about TEXO Safety First, please visit www.texosafetyfirst.com.


The government shutdown will have several notable impacts on our members, with federal contractors experiencing the most significant temporary impacts. See below for a few notable examples as well as links for more information about the government shutdown and the programs it impacts.


E-verify: The E-verify program will cease to be operational during a shutdown.The Department of Homeland Security and USCIS have stated that they will be providing guidance to employers attempting to use e-verify on the e-verify website.  There is an existing Memorandum of Understanding regarding an e-verify shutdown which says "If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer’s attempting, in good faith, to make inquiries during the period of unavailability." (See Article II C (II) of the MOU).  Bottom line: Contractors attempting to use e-verify should go to the e-verify website where guidance should be forthcoming.


Wage & Hour DivisionDOL’s Wage & Hour Division will cease operations for the entirety of the shutdown.  All Wage & Hour laws will remain in place and must be adhered to.  However, most inquiries and requests of WHD will be held in abeyance until the government re-opens.


NLRB: The NLRB has posted its shutdown plan here. It states that "[i]n the event of an appropriations hiatus, it is the policy of the NLRB to: A. Commence the orderly and expeditious shutting down of all but emergency NLRB functions by securing files, property, and office facilities.B. Ensure that the NLRB meets its responsibilities to the parties in current unfair labor practice and election case proceedings consistent with the Anti-Deficiency Act. C. Ensure that NLRB employees are fully informed as to the reasons for the shutdown; and that payroll and other employee benefit responsibilities are met. D. Ensure that the NLRB retains the ability to respond to unfair labor practice incidents that might result in irreparable harm to the private sector economy."  Of the 1,611 employees at the NLRB, 1600 are deemed "non-essential" and will be furloughed.

For an exhaustive list of governmental shutdown implications, click here.


For further legal guidance on the shutdown, ABC’s General Counsel, Littler Mendelson, has provided this memorandum.

AGC's Federal Government Shutdown Resource Center: click here.



Take Charge of Your Challenge Cup Standings
The 3rd Annual Washers Tournament is just around the corner. This is your chance to move up in the TEXO Challenge Cup, presented by Acton. The tournament will be held on October 19th at Trawick Paviliion in Oak Grove Park, Lake Grapevine.  Come out and enjoy the day, cold beverages, hot dogs and hamburgers. Watch the tournament or watch an NCAA football game...whatever you do, make sure to sign up today! Click here for more information and to register.

Encouraging Compliance

As managers we all work hard to prevent lost-time accidents, avoid recordable incidents and prevent accidents in general.  We study the CFR 1926, relate lessons learned and take steps to train our workers in accident prevention.  After all this work in prevention, we can still find ourselves at the end of the year with unfavorable records.

I would like to take time to share some of the best practices industry leaders have been using to keep their lost-time accident low and the cost per incident manageable.

Good case management starts well before any accident occurs.  During the setup of a new project, the company needs to establish a relationship with an Occupational Injury Clinic that understands the nature of on-the-job accidents with regard to managing cases.  A representative from your company needs to visit the doctors beforehand to inform them of the company’s return to work program and light duty opportunities.  In the case of a specialty contractor, where the General Contractor has an Owner Controlled Insurance Program (OCIP), further steps must be taken with the General Contractor to go to the approved clinic and have the correct authorization paperwork available.  Another good item to discuss with the clinic doctor is if the doctor sees the need to prescribe an over-the-counter medicine, like ibuprofen, that he/she does it verbally.  This is one small way that can help keep the accident from being a recordable incident. 

When there is an accident on the site, there are important steps that they can be taken to assure excellent case management.  It is imperative that the injured worker be taken to the clinic by the supervisor or safety person from the company. Not only that, but they should also remain at the clinic while their worker is receiving treatment.  After the initial treatment, the manager should make sure the injured employee is released to drive and help secure a ride back to their vehicle.  The most important thing is that the worker knows they are not alone and that the company cares about their well-being.

Two very necessary and urgent words must be remembered when dealing with accidents:  FOLLOW UP

If the worker is released to work, make sure instructions are clear as to where they are to report and what tasks they will be assigned.  In the unfortunate case where a worker is hospitalized, a representative from the company should visit daily to stay aware of any changing conditions.  When a worker is assigned light duty, they should be visited daily to make sure they are working within the confines of the restrictions and comfortable with the assignment(s). 

Effective case management involves many components of a company, from supervisors to safety personnel and administrative personnel.  When everyone works together in coordinating a pre- and post-accident plan, your organization will be reap the benefits when it comes to recordkeeping and reporting accidents.

Your feedback is always welcome and appreciated! Please email Ladd Henley at ladd@texoassociation.org if I can assist with your company’s safety.

One benefit a member of TEXO has is access to great training classes and events. Listed below are a few upcoming classes and events that will be held at TEXO. For more information about TEXO events check out the calendar.


October 2 - Safety/Superintendent Forum: Workplace Shooting

October 3 - Latino Safety/Superintendent Forum: Hand and Power Tools

Predictive Solutions releases latest version of SafetyNet 9.0

October 9th - Predictive Solutions will be hosting a training session for their latest release of version 9.0 at TEXO on Wednesday, October 9th. To ensure your team can take advantage of the latest in Predictive Modeling, Analytics, and Trending, click here for more information and to register.

TEXO and CFMA Presents: A View of the 83rd Legislative Session

"The Good the Bad and the Ugly"

October 17 - Topics of focus will include the new laws affecting the construction industry, water and transportation issues as well as inside stories of the challenges and carnage it takes to serve, sheppard and pass a bill in the Texas Legislature. For more information and to register, click here.

TEXO/AIA Fall Forum – The New City of Dallas Green Building Code

October 25 - Make sure to save the date for the upcoming TEXO/AIA Fall Forum. The topic will be on the new Dallas Green Building Code.  More information will be coming soon!

TEXO Challenge Cup Chili Cookoff

November 7 - The last competition in the TEXO Challenge Cup, presented by Acton, will be the Chili Cookoff.  Make sure to keep your eyes open for registration and more event details. This is definitely one competition you want to participate in!

CFMA/TEXO's "Contracts 101" Workshop

November 14 - This workshop is designed for Construction Financial Professionals who would like an overview 

of how to read and understand construction contracts. For more information or to register, please click here.

Rental One
Below is a list of upcoming webinars provided by ABC for free. Take advantage of any of these webinars by clicking on the topic.

Wednesday, October 2 - 1pm (CT)
Length: 60 minutes

Tuesday, October 8 - 1pm (CT)
Length: 60 minutes

Thursday, October 10 - 12pm (CT)
Length: 30 minutes

Wednesday, October 10 - 1pm (CT)
Length: 60 minutes

CalEMASafety Assessment Program presented by AIA Dallas

Join the AIA Dallas Disaster Action Committee and prepare to lend a helping hand after disaster strikes. AIA Dallas is offering the CalEMASafety Assessment Program, presented by NCSEA on October 25. Start your training on October 25 and earn HSW credits for only $40 for AIA members/$55 for non-members. Click here for more information.

Charlie Joyner Golf Classics & Architects Challenge

The Dallas CSI Foundation Charlie Joyner Golf Classic is an annual scramble-format golf tournament open to everyone. Proceeds benefit the Dallas CSI Foundation which provides scholarships for deserving students from the Dallas/FT. Worth area in design and construction related disciplines. For more information about the golf tournament, click here.

IMAGINiT Technologies
ROMCO Equipment Company
Contact TEXO
11101 Stemmons Freeway
Dallas, TX 75229



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