www.agc.org • December 2014  

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Top News
AGC is still asking you – our members – to predict what next year will be like for your business. The answers to the 2015 AGC Business Outlook survey will help us craft a full analysis and outlook for the construction industry in the New Year.  Questions focus on expectations for market performance, hiring, labor market conditions, plans to acquire equipment, etc.  Please take a moment to complete the survey here at https://www.surveymonkey.com/s/2015AGCBusinessOutlook. After we receive a sufficient amount of survey responses, we will work with AGC’s chief economist Ken Simonson to analyze the results, which will be released in early January to the media and members. As in the past, we will also prepare state-specific outlooks for every state where we have a sufficiently robust response.  Thanks in advance for all your help and support, and please contact Brian Turmail at turmailb@agc.org with any questions.
Regulatory & Legislative Updates
Beginning Jan. 1, 2015, there will be a change to what covered employers are required to report to the Occupational Safety and Health Administration. Employers will now be required to report all work-related fatalities within eight hours and all in-patient hospitalizations, amputations, and losses of an eye within 24 hours of finding out about the incident. 

Previously, employers were required to report all workplace fatalities and when three or more workers were hospitalized in the same incident. 

The updated reporting requirements are not simply paperwork but have a life-saving purpose: they will enable employers and workers to prevent future injuries by identifying and eliminating the most serious workplace hazards.

Employers have three options for reporting these severe incidents to OSHA. They can call their nearest area office during normal business hours, call the 24-hour OSHA hotline at 1-800-321-OSHA (1-800-321-6742), or they can report online at www.osha.gov/report_online.  For more information and resources, including a new YouTube video, visit OSHA’s webpage on the updated reporting requirements.

*Employers under Federal OSHA’s jurisdiction must begin reporting by Jan. 1.  Establishments in a state with a state-run OSHA program should contact their state plan for the implementation date. 
The Bureau of Labor Statistics (BLS) issued a notice on Oct. 9, 2014, alerting users that incorrect national-level estimates of nonfatal occupational injuries and illnesses among private-sector industries were published for the Survey of Occupational Injuries and Illnesses (SOII) for reference years 2011 and 2012. Corrected data for the 2011 and 2012 reference periods from SOII are now available at http://www.bls.gov/iif/#data
With the discovery of this error, BLS rescheduled the Occupational Injuries and Illnesses, 2013 release, to Dec. 4, 2014. BLS also rescheduled the Nonfatal Occupational Injuries and Illnesses Requiring Days Away From Work, 2013 release to Dec. 16, 2014. The BLS release calendar reflects the new release dates.
For more information on this correction, please visit http://www.bls.gov/bls/errata/iif_errata_1014.htm.
Safety Management Training Course 
December 10-12, 2014 
St. Louis, Missouri 
The AGC Safety Management Training Course (SMTC) provides attendees three days of training on the basic skills needed to manage a company safety program in the construction industry. Participants receive intensive instruction and training that will allow them to return to their firms with readily applicable new skills to positively impact their company’s safety and health program.

AGC Webinar: Critical Stormwater Compliance Information: Find Out What's Headed to Your State 
December 15, 2014 
2 p.m. to 3:30 p.m. 
The U.S. Environmental Protection Agency (EPA) sets construction site stormwater requirements for the entire country. Hear straight from agency staff what contractors need to do to stay in compliance and what you can expect down the road. Get the latest on the rules, tools, and technologies headed to your state. We will also discuss what industry experts are seeing "in the field" as well as the dos and don'ts to meeting stormwater permit requirements.

Safety and Health Committee Conference
January 14-16, 2014 
San Diego, California 
Construction safety and health is vital for the success of the industry. Join more than 150 industry professionals and participate in the development of regulatory and legislative activity on both a national and local level, assist in the development and creation of new safety training programs and products and hear the latest initiatives from OSHA and other industry experts.

Safety Management Training Course 
January 21-23, 2015 
San Antonio, Texas 
The AGC Safety Management Training Course (SMTC) provides attendees three days of training on the basic skills needed to manage a company safety program in the construction industry. Participants receive intensive instruction and training that will allow them to return to their firms with readily applicable new skills to positively impact their company’s safety and health program.

Best Practices
By Paul J. Colangelo, STS, CHST, CET
National Director of Compliance Programs

After nearly three years in its revision, the United States Army Corp of Engineers (USACE) EM 385-1-1, Safety and Health Requirements Manual, 2014 version is in final vetting status.  It is awaiting signature to be sent for publication by the U.S. Government Printing Office (GPO).  The planned date for signature was August – September 2014;
however, these dates came and went without a final signature as yet from senior command at the USACE.  

The final version, reportedly the version to be signed, is posted here

The revised EM 385-1-1 2014 will be approximately 950 pages (versus 1,100 pages in the 2008 version). Many of the revisions were in response to the over 750 comments submitted to the USACE and the focus of the revisions are the result of extensive collaboration with industry, government and the public.  

Compliance with the EM 385-1-1 is required by nearly all contractors working on military contracts. This includes those contractors working on Naval Facilities Engineering Command (NAVFAC), U.S. Army Corps of Engineers (USACE), Department of Defense (DoD) or other government agency contracts. Contractors need to be keenly aware of the requirements and associated revisions.

Although the USACE’s "Safety and Health Requirements Manual" has  been in place nearly 30 years prior to the enactment of OSHA and adoption of the OSHA standards, several revisions have occurred throughout the years. What has triggered the need for the recent revisions? The USACE has reported that "poor planning, increased injuries and lack of proper documentation" were the driving elements for the latest changes. 

Some of the many section revisions in EM 385-1-1, 2014 include:

Section 1: Program Management
Revisions to this section include edits to the written, site-specific Accident Prevention Plans (APPs) requirements and detailed Activity Hazard Analyses (AHAs) that identify tasks, potential hazards and control strategies. The APP is a detailed, site-specific written plan that describes the management processes to prevent accidents. Elements include Signature Sheet, Background Information, Statement of Safety and Health Policy, Responsibilities and Lines of Authority, Subcontractors and Suppliers, Training, Safety and Health Inspections, Accident Reporting, Plans required by the Safety Manual, Risk Management Processes, and Abbreviated APP for Limited Scope Service. AHAs shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk.

Site Safety & Health Officers (SSHOs), with five years continuous experience, will be a "full time" responsibility, with the SSHO present at the project site, located that they have full mobility and reasonable access to all major work operations during the shift.  The SSHO shall also be an employee other than the supervisor unless otherwise specified by contract or coordination with the local USACE.  
Revisions surrounding an SSHO’s education and experience are also included in the EM 385-1-1, 2014.  The SSHO’s training requirements include 30-hour OSHA Construction or General Industry safety class or equivalent (may be web-based training if the student is able to directly ask questions of the instructor by chat or phone), or as an equivalent, formal construction or industry safety and health training covering the subjects of the OSHA 30-hour course and the EM 385-1-1. 

Training may be web-based training if the student is able to directly ask questions of the instructor by chat or phone. There is also the annual eight-hour refresher training requirement. 

A unique revision to the EM 385-1-1, Program Management Section 1 is the addition of requirements for "Fatigue Management" planning.  A Fatigue Management Plan must identify affected workers, management responsibility, training and controls established at the worksite.  

Section 5: Personal Protective and Safety Equipment
Several revisions have occurred to hearing protection and noise control as well as hand protection.

Section 6: Hazardous and Toxic Agents or Environments
One will recognize familiar Globally Harmonized System (GHS) and OSHA HAZCOM wording. Heat and Cold Stress Management is another important section that will be enforced on both CONUS (Cont. U.S). and OCONUS (Outside U.S.) locations.

Sections 15: Rigging and Section 16: Load Handling Equipment
Those familiar with OSHA’s Subpart CC Crane regulations will recognize new requirements for riggers, signal persons and crane operators experience and credentials, as well as documented and approved lift plans.

Section 21: Fall Protection
Pay careful attention to the new training requirements which include a minimum of 24 hours, with a combination of at least 16 hours of formal classroom training and eight hours of practical application, and performed by a Competent Person (CP) trainer or a Qualified Person (QP) trainer conforming to the requirements of ANSI/ASSE Z490.1, Criteria for Accepted Practices in Safety, Health and Environmental Training.

Section Removals and Migrations
Most notably: Section 28 Hazardous Waste Operations and Emergency Response is now Section 29. Steel Erection is now Section 28, extracted from Section 27 Concrete, Masonry, Steel Erection and Residential Construction. Section 29 Blasting, Section 30 Diving Operations, Section 33 Munitions and Explosives of Concern are slated to be removed in their entirety. Section 34 Confined Space Entry is now Section 33 with four additional pages, and includes a Decision Flow Chart and Entry Permit.

Many helpful document templates can be found in the appendices including Accident Prevention Plan (APPs), Mishap Reports and Crane Lift Plans.

The new EM 385-1-1 can be reviewed online.

You can also access a new ITunes App for $9.99 at https://itunes.apple.com/us/app/em-385-1-1/id396131219?mt=8.                  

The U.S. Army Corps of Engineers has a long and proud tradition supporting our nation’s work efforts. Elements of EM 385-1-1 can be useful to even non-government type of safety programs to promote compliance with OSHA regulations as there is overlap. There are significant revisions to the EM 385-1-1. Knowledge and training on these new revisions will promote compliance within your organization to prevent injury, illness, mishaps, related risk and the potential for job shut-downs.

Paul J. Colangelo, STS, CHST, CET currently serves as the national director of compliance programs for ClickSafety.com. Mr. Colangelo is a 14-year accredited OSHA Outreach 10- and 30-hour construction program trainer and certified AHA, ECSI CPR instructor. He has 24 years of experience as an EHS director, manager and consultant to the construction, telecommunications, and utility and renewable energy sectors. His services include establishing written safety programs, record keeping, site safety auditing, incident investigation, communication techniques, subcontractor management and training. He has created and delivered hundreds of OSHA Outreach and specialized safety training programs.

Merchants Bonding Co.

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