Managing Editor: Julina Greineder Designer: … 2015 Vol. 43, No. 5 Managing Editor: Julina Greineder Designer: Deirdre Coup Serving all the Legal Needs of the Construction Industry

June 2015 Vol. 43, No. 5

Managing Editor: Julina GreinederDesigner: Deirdre Coup

Serving all the Legal Needs of the Construction Industry

www.woolfordlaw.com

P 717.290.1190 101 North Pointe Blvd. | Suite 200 | Lancaster, PA 17601

Free Enterprise Day, May 5Event Recap on page 8

Apprenticeship Graduation

Derek Denlinger ......Carpentry ..........Quandel Enterprises, Inc. Todd Unger ...............Electrical .............Haller Enterprises, Inc. Scott Stinson .............PlumbingNicholas Miller .........Sheet Metal ......James Craft & Son, Inc.

HIGH ACHIEVER AWARDGraduates with the Highest Grade Point Average in

each trade (with a minimum GPA of 93%)May 14, 2015

ABC members met with House Majority Leader Dave

The new Keystone Center for Construction Careers logo was unveiled during the 2015 Apprenticeship Graduation ceremony - held in our brand new Training Center - to a crowd of more than 200. See it on page 17!

http://www.woolfordlaw.com

John R. “Jack” Zimmer, CAE, President & CEO

EXECUTIVE COMMITTEE

CHAIRMAN of the BOARD Patrick J. Dolan, Dolan Construction, Inc.

CHAIR-ELECT David A. Nace, Wickersham Construction and Engineering, Inc.

VICE CHAIR Donna J. Shoff, H.L. Wiker, Inc.

VICE CHAIR Kenneth D. Schwebel, The Witmer Group

VICE CHAIR Doug Dvorchak, Murray Securus

TREASURER Timothy A. Kershner, CPA, Walz Group

IMMEDIATE PAST CHAIR G. Allan Galbraith, Galbraith/Pre-Design, Inc.

BOARD OF DIRECTORSJohn C. Bear, Stevens & Lee/GriffinDavid A. Bieber, M. Potteiger, Inc.Roger S. Brubaker, Wilco Electric, Inc.Steven A. Dzurik, Construction Risk Solutions, LLCKeith Eldredge, Reinsel Kuntz Lesher LLPDaniel J. Fichtner, P.E., Providence Engineering Corp.Brian Floyd, Gunn-Mowery LLCMichael B. Funck, Wohlsen Construction CompanyBruce E. Garner, SGS Architects Engineers, Inc.Colleen Gemmill, D.E. Gemmill, Inc.Jonathan D. Holmes, P.E., Gannett Fleming Project Development Corp.Benjamin Pratt, Esq., CGA Law FirmKirby R. Sensenig, Richard L. Sensenig Co.Mike Snyder, H.B. McClure CompanyMichael J. Stefanic, P.E., R. S. Mowery & Sons, Inc.Jan L. Wagner, Kinsley Construction, Inc.Cleo Weaver, Triangle Refrigeration Co.Thomas O. Williams, Esq., Reager & Adler, P.C.

✧ CONTENTS ✧

ADVOCACYGovt. Affairs Update ....................................................... 6-7ABC National Legislative Conference, 6/25 ......................6Free Enterprise Day Event Recap .......................................8

BUSINESS DEVELOPMENT/PRChairman’s View .................................................................3ABC Staff Anniversary: Julianne Chester ..........................4President’s Message: I Think the Recovery Is for Real ..........5Clay Shoot & Picnic, 9/17 ..................................................7Ask an Accountant: Accounting Fraud for Contractors .......9Summer Outdoor Mixer, 8/11 ......................................... 10Spotlight On: ADP ........................................................... 11Excellence in Construction Awards, 7/22 ....................... 11Young Professionals Article: Millennials - It’s Okay to Stay ......................................... 13Young Professionals Spotlight On: Matthew Biehl ........ 13Member Happenings ....................................................... 14Apprenticeship Graduation Event Recap ....... Cover, 16-18Excellence in Construction Committee Article .............. 19Industry News: Affordable Care Act ............................20-21Accredited Quality Contractor ........................................ 21Member Anniversaries ..................................................... 22

SAFETYSafety Committee Article: OSHA’s Final Rule on Confined Spaces ......................................................... 22

TRAININGDOT Recordkeeping & Compliance ................................. 24Jobsite Safety Inspections ......................................... 26, 28Upcoming Training .......................................................... 30Ten-Hour OSHA ............................................................... 31

The mission of ABC Keystone is to be the leading authority

ABC KEYSTONE

Merit Shop Spokesman 3 June 2015

ABC Keystone Chairman of the Board, Patrick J. Dolan,Dolan Construction, Inc.

✧ Chairman’s View ✧

derstand the issue very well indeed and supported our endeavors openly. Well, long story short, I think it is safe to say ABC’s message rang true, and I truly believe we had an impact in being able to unseat the mayor and end his anti-open shop campaign. I am thankful for the City Council that seemed to under-stand the issues surrounding a PLA and was apprecia-tive of our efforts to inform and educate. Our ABC team looked pretty smart when our predictions came true; the only bidder was over budget and not from the Reading area and the City Council rejected the bid. Unfortunately the waste water treatment plant project is about to come to bid again with a larger scope of work, combining an-other phase of the project, totaling about 100 million dol-lars, and the Mayor vows to send it with a PLA attached again and we are optimistic the City Council will con-tinue to stand strong for the citizens who actually live in Reading instead of the Mayor’s Philadelphia union friends.Unfortunately Reading is under a consent decree from the EPA to get the wastewater treatment plant fixed, so time is not something the city can afford right now. I hope they have the courage to do right by the city residents and taxpayers. Thanks to Keystone staff (in particular, Brent Sailhamer, Dir. of Govt. Affairs) for keeping on this im-portant issue, thanks to the Eastern chapter and CLRF for their significant support. And thanks to each and ev-ery one of you who continue to support freedom in the workplace. It’s amazing to me that in this day and age we still are fighting for basic freedoms like this, but here we are. I remain thankful that as long as these struggles con-tinue we have a unified voice in ABC.

Victory in ReadingAs I write this month’s article we are fresh off a large po-litical victory in my hometown of Reading. Well, ok, it may be premature to call it a true victory as we are only through the primary election, but having unseated the current Mayor in Reading is definitely a large victory for open shop contractors. For those of you that aren’t aware or had not been following the story, this battle began a year ago. Mayor Vaughn attempted a city wide ordinance to make all projects use a PLA and we were successful at stopping that. When he didn’t get that passed he simply assigned a PLA to the most significant project in Read-ing’s recent history (a 70 million dollar waste water treat-ment plant). He was trying to create a union only culture that was not fair to the vast majority of the workforce. We teamed up with the support of the Eastern chapter and fought hard against this PLA. We were fortunate to gain support through ABC’s Construction Legal Rights Foundation (CLRF). CLRF supports precedent-setting legal efforts aimed at preserving and advancing merit construction principles.

It was a challenge, but we kept continual pressure on the City Council and the mayor’s office, trying to educate them about the truth of PLA’s. The unions were espous-ing untruths about PLAs. We presented factual truths and assured them that a PLA will limit competition, will eliminate 80% of the local companies and workers from the job and it will be over-budget.We launched newspaper ads and billboard campaigns to convey our message. We received tremendous coverage from the Reading Eagle newspaper which grew to un-


FULLERTON

ELIZABETHTOWN, PA 717-367-1228

www.johnefullerton.com

J. E. , INC.

We Are Ready to Tackle Your Campus Projects!

Power

Modifications/Alterations Upgrades

Maintenance

Site Lighting

Lighting

LED New & Retrofit Installations

Digital Technology

Lighting Controls Occupancy Sensors

Low Voltage Switching Data Wiring

Your small, yet mighty staff at ABC Keystone is ready, willing and able to answer your questions, and help you

thrive, even in tough times.

Anything But Ordinary... ABC is Here for YOU!

717.653.8106 / www.abckeystone.org

Happy Anniversary!JULIANNE CHESTER - 10 YEARS

Barbara Brent Carrie Chris Cindy D. Cindy F. David Deirdre Jack Jo Ann Judy

Julianne Julina Melissa Steve

PA ONE CALL dues are FREE

for ABC Keystone Members!

Mail your invoice:135 Shellyland RoadManheim, PA 17545

or fax: 717.653.6431 and

http://www.johnefullerton.com

http://www.abckeystone.org


✧ President’s Message ✧

ABC Keystone President and CEO, John “Jack” R. Zimmer, CAE

I Think the Recovery Is for Real

Just three years ago, the unemployment rate for con-struction nationwide crested over 22%. We saw a lot of construction businesses disappear via mergers, scaling back to almost nothing and bankruptcy. Over the last couple of years, with mixed signals coming from various

so gradually, but there is a sense that things could go south at any moment. And there are enough indicators to add to the nervousness. Nevertheless, I think the rest of the recovery may be more up to attitude than it is to what an economist is trending. That’s easy for me to say, “my business” is not at risk or linked to my mortgage or to a paranoid banker, but from my vantage point, there

-nally turning favorably.Logic would indicate this; it would have to, sooner or later. And because it is a LOT later, it causes us to be hesitant when we should be bold enough to at least have a “guarded” optimistic view. One leading indica-tor we are seeing at ABC is that training is on a pretty dramatic upward trend. Generally speaking, members train more employees when they have work, especially when their clients are requiring certain skill sets or cre-dentialing. Apprenticeship enrollment is another indica-tor—new apprentices coming into the program and new

misreading the early registrations for this fall, or in fact, members are expanding their workforce. Again, if logic prevails, it had to happen.

At 22% unemployment, and with no immediate relief in sight in 2012, a few things happened that brought down the numbers while no new jobs were being created. Some craftsmen joined the permanently unemployed sector, thanks to the federal government intervention.

Some craftsmen left construction and found work in a new sector in which their skill set transferred nicely. Some craftsmen simply retired and/or switched careers completely. As a result, unemployment decreased be-cause many simply left the industry. During this period, new apprentice enrollments were at an all-time low; from 75-105 new apprentices/year to about 40/year. The Keystone graduating class of apprentices this year is 44, the last of the small classes. As a result of these dynam-ics, the construction industry may have lost as much as 20% of its skilled workers over the last eight years.This worker shortage, combined with even a pedestri-an upswing in the market, is going to create a critical manpower shortage. ABC National’s Economist, Anirban

added 45,000 new jobs in April, with the specialty trades showing the greatest need. Unemployment is down to 5.4%, which is “boom time” numbers, but we are not in a boom yet. The exodus of 20% of the workforce is show-ing up. Meanwhile, FMI recently released its Outlook 1st Quarter 2015 (for the complete report, go to our web-site), they are projecting construction to grow by 8%,

fact that availability of a skilled workforce is very fragile.ABC Keystone actually anticipated this scenario and ag-gressively moved forward to complete the Keystone Center for Construction Careers a full year ahead of what

didn’t, ABC members would not have the capacity they need to ramp up their workforce. Journeymen do not grow on trees, but apprentices grow up to be produc-tive workers very quickly. Therefore, we built this place

here and taking full advantage will require a workforce to build.


✧ Govt. Affairs Update ✧

Are there a few things you’d like to tell Congress? If so, join us and be a part of the advocacy efforts.

2015 ABC Legislative Conferencein Washington, D.C. Thursday, June 25, 2015

Meet face-to-face with your leaders in Congress

There are TWO ways to be a part of the ABC legislative trip.

Sign up at www.abckeystone.org.

Choosing SidesAs the construction industry continues to recover from a nearly decade-long recession, concerns re-main about the relationship between general contrac-tors and their subcontractors. These concerns mostly focus on the details of payment – how much, how of-ten – and also, how contracts can be structured. While many construction professionals and their legal counsel point to standing precedent in contract law, others say that contract law isn’t enough and that it’s time for the

In 1994, Governor Robert P. Casey signed Act 7 of 1994, establishing the Contractor and Subcontractor Payment Act (CASPA). In many ways, CASPA was intended to mirror

relationship between general contractors (GCs) and sub-contractors. While the Procurement Code established guidelines for public works projects, CASPA stepped into the private realm, securing limitations for private contract-ing relationships. These limitations focused on payment

timeframes, retainage, and interest for nonpayment – is--

tractual relationships. For more than 20 years, the Act has applied to all construction contract and subcontracts with-in the Commonwealth, with the exception of small residen-tial construction projects involving six or fewer residential units under construction simultaneously.Recently however, construction professionals have voiced a concern that CASPA lacks authoritative strength and that, even with CASPA in place, they are frequently engaged in circumstances of nonpayment without viable resolution. In 2014, Rep. Tom Killion (R-Delaware) was approached by members of the construction industry in his district about strengthening CASPA. These discussions led to the intro-duction of House Bill 2331, which amended CASPA in three ways: 1) by adding a suspension of work provision for non-payment per the terms of the mutually agreed upon con-tract, 2) limiting the exemption of CASPA from six residen-

for when retainage can be withheld in good faith. While HB 2331 became a rallying point for many professionals who felt that the proposed provisions – particularly the



work stoppage clause – would give them a stronger leg to stand on in contractual relationships, the bill never re-ceived a vote out of the House Labor & Industry Commit-tee and ultimately died at the conclusion of the legislative session in November of 2014.While many felt that Rep. Killion’s bill allowing a work stoppage without penalty because of nonpayment was too powerful, those voicing a need to strengthen CASPA went back to the drawing board. Earlier this year, Rep. Mike Tobash (R-Schuylkill) introduced House Bill 726, which amends CASPA to, among other things, explicitly prohibit the use of waivers in contracts. His claim, based on feed-back from local construction professionals, was that con-tractual entities are frequently bullied into waiving rights

in construction contracts through the threat of competition. By not sign-ing contract waivers, pro-fessionals were essentially guaranteeing that their competitors, who would be more than happy to waive their rights, would receive the work. In ad-dition, HB 726 increases interest rates on nonpay-ment and allows the use of a maintenance bond to release retainage.In March, HB 726 was re-

ferred to the House Commerce Committee, which routinely

but rarely construction law. With Tobash strongly advocat-ing for a vote on the bill, committee members found them-selves with a steep learning curve and promptly scheduled

-port of the bill, claiming it would help to level the playing

-tractors who were routinely forcing them into undesirable contract provisions. The Council of General Contractors however, strongly opposed the bill for a number of rea-sons, among them the fact that, while it addresses non-payment by GCs to subcontractors, HB 726 does nothing to ensure prompt payment from project owners to GCs,

to subcontractors while waiting on payment themselves.As the debate continues on HB 726, it is clear that there is a strong effort to reform CASPA, which would have a consid-erable effect on Pennsylvania contract law. With both sides making valid claims for their positions, the issue certainly isn’t going away any time soon.

Thursday, September 173:00 pm – 7:00 pm

Central Penn Sporting Clays, Wellsville

Individuals or Teams of 5

Join Us For the 2nd Annual

Presented by d by

Price Includes:

50 Target Course + 10 Practice 12 & 20 gauge shells Prizes BBQ Picnic with Beer, Wine & Soda Lawn Games

Sponsorships & Equipment Displays Available

Register online today at:www.abckeytsone.org

http://www.abckeytsone.org


Free Enterprise DayMay 5, 2015 in Harrisburg

The five Pennsylvania chapters of ABC convened in Harrisburg for the 2015 Free Enterprise Day on May 5th this year, engag-ing with statewide policy makers and elected officials. The event featured a discussion of current legislative activity by repre-sentatives of the Pennsylvania Independent Oil & Gas Association (PIOGA), the National Federation of Independent Business (NFIB), the Pennsylvania Chamber of Business & Industry, and Americans for Prosperity (AFP). After the discussion, ABC members met with a number of state elected officials, including Rep. Bryan Cutler, who serves as the House Majority Whip, and Sen. Scott Wagner, the chairman of the Senate Urban Affairs and Housing Committee.


✧ Ask an Accountant ✧Accounting Fraud for Contractors

Some of these fraudulent acts have led to the collapse of entire organizations, huge investment losses, and sig-

subject to fraud risks. The three main categories of ac-

misappropriation, and corruption. A look at fraud categories

-

contracts. This is primarily a result of the two scenarios. Revenue recognition for contractors involves estimates

--

nancial results to meet thresholds set by their banks and bonding companies. In addition to manipulating esti-mates, income can be shifted between periods by hold-ing a job open after completion (completed-contract method) or moving costs from a completed job to an open job (percentage of completion method). Change orders and claims can also be manipulated resulting in

of other revenue. Contractors may not record revenue from miscellaneous sources in order to avoid paying in-come taxes. A few examples of this would be the sale of

of scrap materials. Misappropriation of as-sets, or theft of a com-pany’s assets, may also result in misstatement of a

-ments. Misappropriation of assets can happen in a variety of ways. Some ex-amples include theft of small tools, laptops, and inventory. Alternatively, employees could steal cash receipts or divert

-

construction contractors may be more susceptible to this type of fraud due to a lack of segregation of duties.

Corruption could involve bid rigging, bribes, and invoice or subcontract kickbacks. Bid rigging occurs when a contractor conspires with other contractors or an em-ployee of the contractor seeking bids ensures that a spe-

when an employee of an organization seeking bids is paid to ensure that contractor is awarded a job. Bribes

-vors in awarding contractors or providing regulatory ap-provals.The following conditions are usually present when fraud occurs: incentive/pressure – employees have a reason to commit fraud; opportunity – circumstances exist that enable employees to commit fraud; rationalization –em-ployees believe they are able to justify committing the fraud.Identifying and avoiding fraudulent behaviorFraud risk factors to be aware of, includes any of the fol-lowing: employees living beyond their means, domina-tion of management by a single individual with unwill-ingness to share duties, excessive pressure from within

-ating a separation of duties; requiring vacation/leave for all personnel; documenting and testing internal controls, including proper authorization and documentation of transactions; conducting employee background checks; setting up physical safeguards; and preparing accurate,


Summer Outdoor MixerPresented by RLS Construction Group

Tuesday, August 11 John Wright Restaurant

Wrightsville 5-7pm YPs Start at 4!

Tabletops AvailableLive Band – Food – Prizes – Games

Register NOW online – 240+ people for this event last year!Contact [email protected] for sponsorship or tabletop/ Register www.abckeystone.org

mailto:[email protected]



✧ Spotlight On ✧Associate

ADP

What business issues are you dealing with right now? Continued economic pressures? Increasing compliance

workers? Managing health care reform?To help you address these and other challenges, ADP provides an innovative combination of technology and

solution alone can match. With ADP payroll services as the foundation, you can trust their proven, all-in-one Human Capital Management (HCM) solution to help you work smarter and propel your business forward.Could your managers be more effective and produc-tive? We think so. ADP’s HCM solution helps you re-move time-consuming administrative processes from their plates while giving them better visibility into your greatest asset – your people. It goes beyond process-ing your payroll, taxes, HR, time and attendance, and

how these different functions impact each other, ADP can help reduce your administrative burden, lower costs and reduce your compliance risks.ADP’s solutions are designed to grow with you and sup-port a workforce that’s mobile and always on. They help you reduce your administrative tasks to support your evolving needs. And show you how to use the data you already have to drive better business decisions. All with one goal in mind: achieving results.ADP provides their clients with the same deep, dedi-cated support you need. Their associates are cross-trained on all aspects of HCM and have an average of 12 years’ experience, enabling them to better anticipate your needs and recommend improvements you might not have thought of. Clients stay with ADP because they receive more than a technology solution; they get highly

effective and accurate handling of their service issues.For more information about ADP, contact Gabe Bell, Business Development at [email protected] or 717-574-4803.

Excellence in Construction

Wednesday, July 22, 2015 at the Radisson Hotel Harrisburg

4:00 pm EDC Workshop5:00 pm Networking Reception6:30 pm Dinner & Awards

Showcase your place at the top of our industry, network with peers

and make valuable contacts!

Awards

Sponsorship opportunities available

Register at www.abckeystone.org

ECONOMIC DEVELOPMENT CORP WORKSHOP Covers:

Who is EDC?

available through EDC?




Insurance Surety Employee BenefitsEHD at work

That’s the advantage of having EHD evaluate your risk

exposures and the effectiveness of your workplace and job-site

safety and management policies.

Through loss analysis, employee training, site-specific safety

programs, safety committee assistance and more, EHD

helps to keep you at work — safely. And by identifying and

reducing your total underlying cost drivers of risk, EHD can

improve your bottom line. That’s no accident.

Contact EHD at 800.544.7292 or visit ehd-ins.com. EHD has four

offices serving clients in Pennsylvania and surrounding states.

An accidentwaiting to happen.


Young Professionals Spotlight On:

LEED AP BD+C Project Manager

Q & A

Millennials - It’s Okay to Stay


ABC receives many submissions for the “Member Happenings” feature. Because all of our members are important, we publish news items in the order in which they are received.

Send business news releases to:[email protected]

✧ Member Happenings ✧

was awarded

•

• •

•

was



Reach Your Target Market

Contact Deirdre - [email protected]

Pricing for every size budget!

Quarter page for 6 mos. @ only $106 per issue

Half page for 3 mos. @ only $203 per issue.

Full page for 3 mos. @ only $358 per issue.

Sign Up Today!



PLUMBING GRADUATES

Hector L. DeJesus....................CCS Building GroupShawn L. Haugh ......................James Craft & Son, Inc.Michael R. Hunt .......................James Craft & Son, Inc.Brett A. Jordan .........................James Craft & Son, Inc.Kasey K. Koltes .........................James Craft & Son, Inc.Andrew C. McCormick ..........James Craft & Son, Inc.Shawn T. Oyler .........................Bortner Bros., Inc.Joshua Rineer ...........................Frey Lutz Corp.Adam M. Sharp ........................Frey Lutz Corp.Scott R. StinsonTravis M. Young .......................Frey Lutz Corp.

SHEET METAL GRADUATES

Jeffrey P. Hinkle ........................Walton & CompanyKyle P. Kauffman ......................James Craft & Son, Inc.Eric C. Miller ..............................Matchline Mechanical, LLCEthan D. Miller ..........................Frey Lutz Corp.Nicholas L. Miller ....................James Craft & Son, Inc.James D. Nelles ........................Bortner Bros., Inc.David M. Sager ........................Walton & CompanyJason L. Wagner ......................Matchline Mechanical, LLCJustin T. Wentz .........................Walton & CompanyJason Zoll ...................................

Apprenticeship GraduationCongratulations to the Class of 2015!

CARPENTRY GRADUATES

Derek M. Denlinger ............Quandel Enterprises, Inc.

Joel L. Leicy ...........................Wohlsen Construction Company

Mark S. Rineer ......................Wohlsen Construction Company

Zacharias E. Tosten .............Warfel Construction Company

HVAC GRADUATES

Ty A. Balmer ..............................C.W. Eshenaur and Son, Inc.Kyle J. Fromm ...........................Remco, Inc.Devin M. Sherk ........................Triangle Refrigeration Co.


ELECTRICAL GRADUATES

Caleb A. ArnoldJeffrey D. Bauman ........... Cheran, Inc.Elliot E. Carmona ............. B.J. Baldwin Electrical/Mechanical, Inc.Travis R. Hess .................... Garden Spot Electric, Inc.Daniel A. Holton, Jr. ........ Joyce Electric, Inc.Earl Holtzinger ................. Whisler Electric LLCNathan S. Horn ................ Hertzler Electric, Inc.Christian M. Houser ....... Garden Spot Electric, Inc.Devin H. Myers ................ B.J. Baldwin Electrical/Mechanical, Inc.Blake M. Nielson ............. Eastern Electrical Systems LLCQuentin D. Riley ............... CV Services, Inc.Timothy Schneider ......... Haller Enterprises, Inc.David M. Truitt ................. Brubaker, Inc.Todd Unger ....................... Haller Enterprises, Inc.Kevin A. Wilson ................ Response Electric, Inc.Alex M. Witherow ........... B.J. Baldwin Electrical/Mechanical, Inc.

KEYNOTE SPEAKER: Jack Zimmer, CAE President and CEO, ABC Keystone

Jack is wrapping up his 13th year with the Keystone Chapter and 33 years in total with ABC. Training and development have always been a priority for Jack. In fact, Jack played an integral role in the development of the “Wheels of Learning,” the competency-based, task-oriented modular curriculum that is still used today by the NCCER. As the Chapter stands on the verge of a new beginning with the opening of the new training facility, Jack is excited to be part of this great event with the graduating apprentices.

Tim Boos .............................................Warfel Construction CompanyHeidi Brady, Chair ....................... Wohlsen Construction CompanyRoger Brubaker, Board Liaison .............................Wilco Electric, Inc.Jessica Craft Schlosberg .............................. James Craft & Son, Inc.Brittany Contacos ................................................................Aerotek, Inc.Robert Koehler .................................................................Frey Lutz Corp.Jeff Laney ......... Wickersham Construction and Engineering, Inc.Bill Lastinger ................................Benchmark Construction Co., Inc.G. Edward LeFevre ..............................................Instructor SupervisorJames Miller ........................................................Burnie Nolt ...................................................... R.S. Reidenbaugh Corp.Margaret Roth ....................................................Lancaster County CTCCathleen Spleen ...............................United Electric Supply Co., Inc.Ryan Thomas ..............................................................Wilco Electric, Inc.

2015 APPRENTICESHIP AND CRAFT TRAINING COMMITTEE

The new Keystone Center for Construction Careers name and logo was unveiled during the Apprenticeship Graduation ceremony. Special thanks to Colleen Gemmil, D.E. Gem-mill, for donating the banner.

Unveiling the Keystone Center for Construction Careers


717-656-2711 800-669-2711 www.TriangleRefrigeration.com

2014-2015 INSTRUCTORS

Joseph Almoney ..............Carpentry 3 .................... Warfel Construction CompanyTerry Boyer ......................... Electrical 1 ...................... Semi-RetiredGervasius (Junior) Brown III .......................... Sheet Metal 2 & 4 ....... James Craft & Son, Inc.Eric Cook............................. Sheet Metal 1 ................ Lancaster County CTC Drew Doxzon .................... Electrical 4 ...................... James Craft & Son, Inc.Eric Dupert .........................HVAC 2 ............................. H.B. McClure CompanyTrevan Espenshade .........HVAC 1 & 4 .................... H.B. McClure CompanyRalph Kautz .......................Carpentry 4 .................... Dolan Construction, Inc.Bill Lastinger ......................Carpentry 1 .................... Benchmark Construction Co., Inc.G. Edward LeFevre .......... Supervisor ...................... RetiredEd Raczka ...........................Plumbing 1 and 2 ........ Triangle Refrigeration Co.Mark Reisinger .................Plumbing 3 ..................... Frey Lutz Corp.Wesley Scott Rineer ....... Sheet Metal 3 ................ Frey Lutz Corp.Lee Summers .................... Electrical 3 ...................... Lancaster County CTCLeo Willman ...................... Electrical 2 ...................... Retired

THE INSTRUCTOR OF THE YEAR IS....Leo Willman, Electrical II Instructor

Each year, we recognize an Instructor of The Year. Our 2014-2015 recipient of the Instructor of the Year Award is Electrical Instruc-tor Leo Willman. Leo has been a recognized leader in the elec-trical industry for over 50 years. He spent 30 years of his career

ABC in 2013.

Selection of the Instructor of the Year is based upon four main criteria:

1. Classroom observations by staff and committee members.2. Instructor evaluations from our apprentices.3. Timeliness of weekly reports, grades and other required

paperwork.4. General attitude of the instructor toward the apprentices

and the apprenticeship program.

2015 Graduation Sponsors

Premier Sponsor

Platinum SponsorCapital Tristate Electrical Distributor

http://www.TriangleRefrigeration.com


Excellence In Construction Gala

Don’t be left out!Excited to hear who won?

Don’t miss an excellent networking opportunity by miss-ing this year’s ABC Keystone’s Excellence In Construction Gala! You have just a short time left to register for this exciting event. Sponsorship opportunities are still avail-able as well. This year’s ABC Keystone Excellence In Construction Gala will be held on July 22nd at the Radisson Hotel Harris-burg. Prior to the event, there will be an EDC workshop, networking, followed by the always delicious meal, and Awards program. This is truly an opportunity to catch up with existing clients and owners and build future rela-tionships. Bringing future clients and owners with you is a great way to see ABC Keystone at its best. They will see the true workmanship that our members put into each and every project as well as the comradery within our merit shop community. Your clients and owners will also hear testimonials on what made their project stand out from the crowd. This is certainly one event not to miss!

»

»

»

Visit www.abckeystone.org for more!

Renovation, Repair and Painting (RRP) EPA

Lead Certification CourseFriday, June 19, 2015

7:30 am – 4:30 pm / at ABC Keystone

“Educated me about the hazards of lead paint and how to protect myself and others.”

- Leland Condon; Lezzer Lumber





Managing ACA: One Piece of the Puzzle at a Time

Understanding the complexities and numerous directives of the Affordable Care Act creates challenges for all busi-

Variable or Non-Variable Hour Employees? Minimum Es-sential Coverage (MEC). Minimum Value Plan (MVP). As-sessing Affordability. Look-Back Period. Standard Measure-ment Period. Break in Service/Rule of Parity. Form 1095C.

These are a few of the many pieces of the ACA puzzle that businesses need to understand to determine and maintain employer compliance, as well as generating that informa-tion for yearly reporting.

Let’s break down several pieces:

Variable Hour Employees and Look Back Measurement Periods

-termined if an employee will work full time. Regulators pro-posed an alternative means of determining full time status of certain employees called the ‘look-back measurement method.’

Employers are permitted to determine an employee’s full -

ployer of up to 12 consecutive months, but no less than

back period, the employee must be tracked against their 12 month anniversary and offered coverage upon reaching full time status (1560 hours of service) during that period.

Non-Variable Hour Employees

hire is reasonably expected to work 30 hours a week for more than 13 weeks is a non-variable hour employee and is considered full time at the date of hire. These employees must be offered insurance, and if elected, enrolled within 90 days of the hire date.

Minimum Essential Coverage (MEC)Plans covering wellness and preventive services only. Of-fering an MEC plan to full-time employees protects em-ployers from the tax penalty on all full-time employees. For

✧ Industry News✧


Under the break-in-service rules, if an employee has no hours of service for at least 13 consecutive weeks, the em-ployee can be treated as a ‘new’ employee upon return. Under the ‘rule of parity’ an employee can be treated as new if the break is at least four consecutive weeks and is no longer than the period of employment immediately pre-ceding the break.

Form 1095-CThe ACA counterpart to the W2. This must be produced and provided for every employee who worked at least 130 hours in one month of a calendar year, even if they were not eligible for coverage. 2015 statements must be pro-

To ‘Pay or Play’, coverage options, complex tracking and Safe Harbor choices are a few of the many decisions employers faced and con-tinue to face.

Over the past few years, -

vested numerous hours and resources on ACA education, webinars and seminars as well as collaboration with professionals. The ACA is a puzzle that will continue to change. As the ACA evolves, with due diligence and continued education on rules and

changing puzzle.

2015 the penalty is $173.67/month, multiplied by the num-ber of full-time employees minus 80, for each month the employer fails to offer coverage. A company with 180 full-time employees could be subject to a penalty of $17,367/month (100 minus 80 X $173.67), potentially $208,400 for

the year. While the MEC will protect an employer from the tax penalty on all full-time employees, to avoid penalties on employees receiving penalties an employer must offer a minimum value plan.

Minimum Value Plan (MVP)To avoid penalties on employees receiving subsidies for coverage from a state exchange, employers must offer an ‘affordable’ plan. The plan must cover a minimum of 60% of expected medical costs, and effective 11/4/14 must in-clude inpatient hospital and physician services.

Assessing AffordabilityThe employee’s share of the premium for single only cov-erage of a minimum value plan cannot exceed 9.5% of the employee’s W2 wages.

industry, the regulators also provide three Safe Harbor methods to ease the burden of tracking while remaining compliant with affordability:

Not to exceed 9.5% of W2 income.

Not to exceed 9.5% of the Federal Poverty Level for single individuals.

Rate of Pay – ‘Rate of Pay’ X 130 hours X 9.5%.

Break in Service/Rule of Parity

a challenge in tracking breaks in service and loss of hours.

employee has separated from service by considering all available fact and circumstances and by using a reason-able method that is consistent with the employer’s general

COBRA, and applicable state law.’

Visit the “Business Dev” section of www.abckeystone.org to download an AQC

application and become a member of this elite group!

Accredited

Quality

ContractorJune Featured Member:

Hogg Construction, Inc. Located in York www.hoggconstruction.com Primary ABC contact:

James W. Hogg, President & CEO

http://www.hoggconstruction.com



OSHA’s Final Rule on

Effective August 3, 2015

--

fective August 3, 2015. Prior to this new rule, the only

industry was a training provision from 1979 found un-der 29 CFR 1926.21(b)(6). The prior, lone rule instructed employers to train employees regarding the hazards, precautions, and protective equipment to be used

space rules that pertained to general industry work.

general industry standard in several key matters:1. More detailed requirements to coordinate activi-

the new rule places the controlling contractor as the

space.2. Requires a competent person to evaluate the work

-

either a hazardous atmosphere, engulfment hazard, or other serious hazard, and, before workers can en-ter a permit space, the employer must write a permit specifying the safety measures to be taken.

3. Requires continuous atmospheric monitoring, if possible.

4. Requires continuous monitoring of engulfment haz-

5. Allows for suspension of a permit, as opposed to cancelation of a permit.

6. Employers who direct workers to enter a space, without a complete permit system, must prevent the workers’ exposure by either eliminating the hazard or using an isolation method such as lockout/tagout.

7. Employers that rely upon local emergency services for rescue, must arrange to receive advance notice from said local services, for times when the emer-gency services are unavailable.

8. Requires employers to provide training in a language that the worker understands.

This new rule has been in the pipeline for a remarkable amount of time. In 1980, OSHA published an Advanced

the construction industry. It issued the general indus-try rule in 1993 (29 CFR 1910.146). Two decades later,

in the construction industry.The author is a member of the ABC Keystone Safety Com-mittee and an attorney at Harmon & Davies, P.C., a Lan-

Keystone for more than 35 years. The content of this ar-ticle is not legal advice.

Happy Anniversary!◆ June ◆

ABC Keystone salutes our members celebrating membership anniversaries this month. Congratulate them on their commitment to ABC and free enterprise as you’re doing business with them!

50 YearsDietz-Nauman, Inc., Mount Wolf

45 YearsE.H. Gochnauer & Sons, Inc., Lancaster

25 YearsLeo Kob Co., Inc., Elizabethtown

15 YearsVision Mechanical, Inc., Reading


With decades of experience in construction law, we know thenuts and bolts of legal matters that can impact building projects.We understand what it means to take an idea from concept tocompletion and how, sometimes, disagreements can arise alongthe way. Our expertise can help you resolve disputes and avoidcostly delays—from initial review and negotiation of contractterms to final payment for services and every step in between.

Find out how our sound legal guidance and proven practical advice can help you build success.

If your construction project

hits a legal road block, don’t worry.

We can clear the path.

Let’s Work TOGETHER

HARMON & DAVIES, P.C.ATTORNEYS AT LAW

2306 Columbia Ave., Lancaster, PA 17603

717.291.2236

www.h-dlaw.com

http://www.h-dlaw.com


DOT Recordkeeping and Compliance:

Understanding and Knowledge

Federal regulations require you to maintain accurate DOT records! Failure to comply completely will result

and operating authority. Compliance with heavily en--

cess of your operation. Join us:

DOT Recordkeeping and ComplianceTuesday, June 23, 2015

7:30 am – 11:30 am at ABC KeystoneRegister online at www.abckeystone.org

Taught by Dale Livengood, Livengood Safety Training, this class will inform you on how to be compliant for DOT. We will look at how Comprehensive Safety Anal-ysis (CSA) is affecting your company. It will give you the information you need to know for recordkeeping and compliance.

• Gain knowledge of regulations and how to imple-ment them.

• Implement safety techniques on the job.• Have a starting place for how to be compliant with

DOT regulations.

What size vehicles are regulated by DOT. Pickup trucks and trailers: How should you be reg-

istering them? CDL Licensing: When do you need them. How is CSA affecting your company: understand-

ing CSA for: Drivers, and shop managers.

Last year’s participants commented:“It provided access to resources I was unaware of and

answers on your own.”- Amanda Mosso, Hummer Turfgrass Systems

many areas of concern.” - Randy Myers, M. Potteiger Inc.

Register by June 16th for discounted pricing!



2015 CORE SPONSORS

DIAMOND

Harmon & Davies, P.C. PREMIER

Dolan Construction, Inc. ElecTech Contracting, Inc. H.B. McClure Co. Triangle Refrigeration Co.

PLATINUMJames Craft & Son, Inc. Fringe Benefit Group John E. Fullerton, Inc. Kinsley Construction, Inc. McConkey Insurance & Benefits R.S. Mowery & Sons, Inc. Providence Engineering Corp. RLS Construction Group Trout, Ebersole & Groff, LLP Walz Group Wohlsen Construction Company

BRONZE C.S. Davidson, Inc. Clark Mechanical Services, Inc. Durex Coverings, Inc. Galbraith/Pre-Design, Inc. David Miller/Associates, Inc. Paragon Engineering Services, Inc. Polaris Advisors Shea Roofing

The ABC Keystone CORE Sponsorship Program features flexible spending dollars in a convenient, value added, marketing, events and training package that allows member companies to increase their exposure in the Chapter while saving money and making sponsorship decisions once for the entire year.

SILVERAssociated Products Services, Inc. Leer Electric, Inc. B & B Communications R. L. Livingston Excavation Barley Snyder & Paving, Inc. Benchmark Construction Co., Inc. McKonly & Asbury, LLP CGA Law Firm Paramount Contracting, Inc. Carney Engineering Group SF & Company, CPAs Five Star International, LLC and Business Advisors Fulton Bank SGS Architects Engineers, Inc. Garrety Glass, Inc. Smucker Company D.E. Gemmill, Inc. Stambaugh Ness, PC Gettle Incorporated Stevens & Lee/Griffin The Glatfelter Agency K.L. Tyndale, Inc. HVAC Commercial Solutions United Electric Supply Haller Enterprises, Inc. Walton & Company Hess Auctioneers, LLC Wickersham Construction and Hogg Construction, LLC Engineering, Inc. Hursh Painting Co, Inc.

THANK YOU to the members

of CORE for their commitment

to event sponsorship!

GOLD Aerotek, Inc. Members 1st FCU Baker Tiller Virchow Krause, LLP Murray Securus CLP Resources, Inc. M. Potteiger, Inc. CV Services, Inc. Reinsel Kuntz Lesher LLP Commonwealth Fire Protection Co. Richard L. Sensenig Co. Engle-Hambright & Davies, Inc. Wagman Construction, Inc. Flyway Excavating, Inc. H.L. Wiker, Inc. Frey Lutz Corp. Wilco Electric, Inc. Gunn-Mowery LLC The Witmer Group Horst Construction Co.


What Are You Looking At?!?Jobsite safety inspections are mandated by OSHA’s construction regulations calling out for “frequent and regular inspections of the jobsites, materials, and equipment.” These inspections are to be performed by competent persons. In addition, certain regulations

or the exposure.

So, let’s take a crack at answering not only “what,” but the “who,” the “why ” and the “when” of jobsite safety inspections.

WHY? -- One of the main purposes of an inspection is to identify conditions or, just as important, behaviors which are likely to lead to injury or loss. There are other reasons inspections are helpful, including meeting compliance requirements, reducing liability, edu-cating personnel and assuring others that risks are controlled.

WHO? – Inspections under OSHA are required to be performed by competent persons. These are individuals who are trained in some manner to be able to recognize hazards and take actions to cor-rect them. I can tell pretty quickly if the site person is competent by spending a few moments looking at a site and a few moments talk-ing to the individual. A person fails the competency test in one of two ways. First, (s)he failed to recognize

Call us about our Fleet/ Contractor Liquidation Services

Truck, Trailer & Construction/Ag/Material Handling Equipment Auction Friday, June 19th Marietta, PA 9:00 AM

Accepting Consignments through 6/10www.HessAuctioneers.net

Construction EquipmentAg/Material Handling

Sleepers, Daycabs,Dumps, Straight Trucks

Flat/Van/Reefer TrailersPickups, Cars, RVs, ATVs

CC

PPiicckkuupppss,,, CCaarrss,,, RRVVss,,, AATTTVVVss

1-866-511-2493 Email [email protected] Auction Co. # AY2025/AH1856/VB1159

Multiple Auctioneers

Many

Options for

Selling Your

Equipment!

One Owner/One Driver - SELLING ABSOLUTE

SELLING ABSOLUTE

http://www.HessAuctioneers.net



Helping businesses plan for their futures since 1978.

Learn more at:www.whywalz.com

ANYONE CAN CRUNCH THE NUMBERS

WE TELL YOU WHY THEY MATTER.

http://www.whywalz.com


predictable and obvious hazards on a site OR Second, (s)he recognized the hazards, but took no actions to correct them.

WHEN? – For general inspections OSHA says they need to occur frequently and regularly. Frequency is determined by the complexity of the job, but for most applications, a daily inspection is fairly standard. In reality, we know construction conditions change frequently, so continued awareness and review of changing conditions is necessary to assure safety. This is normally performed by the jobsite superintendent, foreperson or site safety coordinator. Complex sites might require more frequent inspections and less complex projects

WHAT? – There is plenty to inspect on a jobsite. Start with the critical hazards that are likely to kill. One of

working at heights and how are they protected? Being caught between trench walls, moving loads or elevated

But, there are MANY more aspects that must be considered during the walk around.

On July 17, 2015, I will be presenting a session on “Meeting Competent Person Requirements for Jobsite Inspections” at ABC Keystone. During this program we will dive into the details on inspection programs including the Why, Who, When and What. We will discuss how to go beyond the checklist and how most in-spection forms inspect the wrong things. We will also review what should be on everyone’s inspection forms.

program is for those responsible for establishing inspection processes in their organization as well as those responsible for performing them.

OSHA-10 & OSHA-30 OSHA Training for Competent Persons Employee Safety Training 1st aid/CPR Certified Safety Committee Training & Management

OSHA Consultative Assistance Safety Management Services, Seminars & Workshops Mod Factor & Claims Data Analysis Comprehensive Service Plans More at…

Craig A. Shaffer

ph: 717-432-0861 [email protected]

Meeting Competent Person Requirements for

Jobsite InspectionsFriday, July 17, 2015

8:00 am – 3:00 pm at ABC Keystone

“This training provided me with understanding of what to look for during a jobsite safety inspection and ways to help correct problems.”

- Thomas Craft, James Craft & Son, Inc.

Register online at www.abckeystone.org





✧ Workforce Development Opportunities - July 2015 ✧Date Details

10-Hour OSHA• -

• •

Save both dates - participants will be assigned to one class time only.

Resource Management• • • •

-

• • • •

To register online or view additional information, visit: www.abckeystone.org

Customized Training OpportunitiesYour Place or Ours?



The Increase in OSHA Ten “Card Carriers”There’s been a considerable increase in the number of participants in the four Ten Hour OSHA courses we offer each year. In fact, the last two offerings “sold out” at 40 participants per class. Construction industry workers encounter many different dangers and hazards on a regular basis and it is vitally important to make sure that they are aware of these dangers in order to prevent injuries and deaths of workers, to be safe and effective at the workplace, and to avoid OSHA citations. Many entities are now requiring that ALL workers onsite must be an “OSHA Ten Hour Card Carrier.”The Ten Hour OSHA course is the cornerstone of understanding for OSHA rules and regulations in the construc-tion industry.

• trainings. It will teach important OSHA construction standards for compliance!

• It familiarizes employees with the probable dangers that exist on a worksite AND how to correct and avoid these dangers.

• It will help managers by training them how to implement the OSHA standards to their actual life work, to avoid accidents and OSHA penalties. OSHA enforce-ment remains strong and effective.

• It is a great refresher course; the Ten-Hour OSHA course information continuously

class every 3-5 years depending on who you work for (or who your company is working for – read your contracts!).

As an employer, it is your duty to ensure safety at the workplace and to increase awareness among employees. Those that successfully complete the OSHA Ten Hour course are very likely to recognize the hazards present in their own workplace. Hazard recognition among employees is highly desirable to employers since this aids in efforts to maintain a workplace free from known and recognized hazards, which also tends to increase pro-ductivity.

onto the jobsite.

! ND

ously

Two more Ten Hour OSHA classes are scheduled for this year, or a customized class can be scheduled just for your company!

July 14 & 15, 20151:00 pm - 6:30 pm

October 27 & 28, 2015Oct 27 / 7:30 am - 4:30 pm

Oct 28 / 7:30 am - 10:30 am

Safety and health add value to

Adult AED, CPR &Basic Medic First Aid

at ABC KeystoneLearn the lifesaving skills needed to protect

your family, friends and coworkers!

July 14 OR 16 / 5:30 pm – 9:30 pm

August 18 OR 20 / 1:00 pm – 5:00 pm

September 15 OR 17 / 5:30 pm – 9:30 pm



ABC Keystone135 Shellyland RoadManheim, PA 17545-8683

PRSRT STDUS POSTAGEPAIDHARRISBURG, PAPERMIT #533

Stop swimming in circles and start growing

your business.

VERIPAYTM Intelligent Funds Control

VERILOANTM

Collateral and Working Capital Loans

Documents

Managing Editor: Julina Greineder Designer: … 2015 Vol. 43, No. 5 Managing Editor: Julina Greineder Designer: Deirdre Coup Serving all the Legal Needs of the Construction Industry