The Illinois

www.ima-net.org Spring 2010

HEALTH CARE REFORM ENACTED . . . NOW THE LEARNING CURVE BEGINS

Manufacturer

Winning the battle for saferfood through effective trainingNanotechnology — A world of possibilitiesripe for regulation and litigation

Food safety . . . the changing landscape of product recall

16Winning the battle for safer

food through effective training

Mission StatementThe object for which the IllinoisManufacturers’ Association wasformed is to strengthen the eco-nomic, social, environmental andgovernmental conditions for manu-facturing and allied enterprises inthe state of Illinois, resulting in anenlarged business base andincreased employment.

ChairmanJanice Christiansen

PresidentGregory W. Baise

EditorStefany J. Henson

The Illinois Manufacturer is publishedquarterly by the Illinois Manufac -turers’ Association. All rightsreserved. The title, The IllinoisManufacturer, is a trademark of theIllinois Manufacturers’ Association.

Copyright 2010© IllinoisManufacturers’ Association.Reproduction of all or any part isprohibited except by written per-mission of the publisher. Publishedarticles do not necessarily reflectthe views of the magazine or itspublisher. Information in this publi-cation should not be substituted foradvice of competent legal counsel.

Subscriptions: One year $50. Forsubscription, address changes,renewals and adjustments, write toThe Illinois Manufacturer. Presortstandard postage paid atBloomington, IL. Postmaster: Sendaddress changes to The IllinoisManufacturer, 220 East AdamsStreet, Springfield, IL 62701. 217-522-1240.

If you have any questions, pleasecontact Stefany Henson, Editor andDirector of Publications at 217-522-1240, Ext. 3017, or email shenson@ima-net.org.

Spring 2010

Share your company newswith IMA . . . News information, press re leases and articles may besent to Stefany Henson, Editor and Director ofPublications, Illi nois Manu facturers’ Associa tion(IMA), 220 East Adams Street,Springfield, IL 62701, oremail: shenson@ima-net.org.

The Illinois Manufacturer is underwritten by Constellation NewEnergy

With the industry’s heightened emphasis on food safety and its high level of employee churn, it is no surprise that training has become a most critical success factor for food processors.

ON THE COVER: Ferrara Pan Candy Company’s retail candy shop adjacent to the manufacturing facility in

Forest Park. Pictured are Chris Rollings, Contract Manufacturing Manager and candy shop employee Silvia

Avila (background). Cover photo and all photos at Ferrara Pan Candy Company in Forest Park by Tim Klasinski,

Xpress Professional Services, Inc.

ColumnsPresident’s Report: . . . The IMA will fully and carefully examine every candidate in this fall’s elections and recommend those we believe have earned the support of our industry, whether they are a Republican, Democrat or an independent. ....................................................................... Page 4

Legislative Report: As we look forward to November, pundits are first examining recent elections across the nation, especially the gubernatorial elections in Virginia and New Jersey where Republican candidates won offices previously held by Democrats, to see if this foreshadows another voter backlash. .......................................................... Page 6

Government Initiatives: Now the learning curve begins on the recently enacted “Health Care and Education Affordability Reconciliation Act of 2010.” — from Vedder Price PC .................................... Page 7

Human Resources: Laws restricting cell phone use while driving could impact your company. A number of recent verdicts and settlements indicate that employers may well be the ones footing the bill when an employee’s cell phone call gone awry results in a collision. — from Neal, Gerber & Eisenberg LLP ......................................................... Page 9

Environmental Issues: Smart organizations are taking the multi-solution approach to energy and sustainability. Savings from projects with rapid payback periods can help offset the costs of projects with longer-term paybacks. — from Constellation NewEnergy ............................... Page 11

Manufacturers and Technology: Nanotechnology intrigues people because it can be used in a variety of fields and products, much like the Internet is today. — from Michael Best & Friedrich LLP ............................. Page 13

Management Techniques: What are the risks associated with a product recall to the more than 1,300 food manufacturers and processors in Illinois? — from DS&P Insurance Services ............................. Page 15

Member News: News for and about IMA members around the state ................. Page 24

New IMA Members: Welcome! ...................................................................Page 30

IMA & MIT 2010 Calendar of Events .........................................................Page 30

The 2010 elections arejust seven shortmonths away, and asCongress returns fromtheir Easter recess,many observers expectHouse Speaker NancyPelosi and SenateMajority Leader HarryReid to initiate a full-court press toreinstate new prohibitions on ourright to free speech.

4

First Amendment rights restored, use wisely

President’s ReportGREGORY W. BAISE

Gregory W. Baise is President and Chief Executive Officer of the Illinois Manufacturers’ Association. He may be reached at 630-368-5300, or viaemail at gbaise@ima-net.org.

Penned by James Madison, those enduring words of the First Amendment are the cornerstone of ourfreedom. But if a referendum were held today on whether to adopt the First Amendment, do youthink it would pass?

We all want to say: “Of course it would pass . . . who could possibly be against free speech . . . or tothrottle the public’s right to know aided by a free and inquiring press, or any of the other guaranteescontained in the First Amendment?” But given recent news headlines and threats by elected officials inWashington to overturn a Supreme Court decision that assures free speech, I’m not so sure.For the last three decades or so, manufacturers’ ability to take an active role in the election process has

been increasingly thwarted by small-minded policy makers who believe the American people have to beprotected from the honest exchange and debate of differing ideals. While initiatives such as campaignfinance reform were allegedly put into place to control big-money influence, the effect they had on freespeech were too often ignored.In January, the Supreme Court changed all of that in Citizens United v. FEC, deciding by a narrow 5-4

decision that both business and labor could use their own money to advocate for candidates running forseats in the U.S. Congress and the Presidency. The court’s decision restored the first amendment rights ofbusiness and unions to freely participate in federal elections, a move that should be applauded. Just days following the high court’s action, President Obama himself used his State of the Union address to

publicly scold the justices for their decision, noting that it overturned a hundred years of precedent andwould allow unlimited foreign contributions in American elections. Fortunately, numerous organizations onboth ends of the political spectrum have determined his comments have no foundation in fact. Manufacturers— like other groups — may indeed be involved in the efforts to communicate and influence voters. The FirstAmendment is alive . . . for now. The 2010 elections are just seven short months away, and as Congressreturns from their Easter recess, many observers expect House Speaker Nancy Pelosi and Senate MajorityLeader Harry Reid to initiate a full-court press to reinstate new prohibitions on our right to free speech. Of course, the IMA has long-supported pro-business candidates and causes. Thanks to the foresight of

the IMA Board of Directors in 2004, we initiated a for-profit service corporation, Xpress Professional Services,Inc. (XPS). XPS wasn’t formed only to provide another non-dues source of revenue — it was created toextend the reach and influence of pro-business forces in the political arena. In a nutshell, XPS is a sophisti-cated political communications organization that is a wholly owned subsidiary of the IMA. With just two full-time employees, we are able to produce TV and radio ads, sophisticated polling, social media and direct-mail services necessary to inform and educate the public about our issues. XPS provides us with the in-house wherewithal to promote candidates and issues important to economic growth, and fight against thosewho attempt to foist initiatives upon us that needlessly make it more difficult to conduct business. The addition of XPS to our arsenal has resulted in a vastly improved ability to be involved at all levels of

the political arena. XPS was at the forefront of the IMA’s involvement in fighting Card Check, and will playin integral role in this fall’s elections as we help those who agree that manufacturing should remain animportant segment of our economy. XPS is another arrow in the political quiver for manufacturers. We’ll beactively involved in races large and small, and will be expanding our reach well beyond Illinois’ borders.Unlike DC-based organizations that must work with Members of Congress daily, we don’t worry much aboutsaying that the Emperor has no clothes. On your behalf and for the advancement of manufacturing in Illinois and elsewhere, the IMA will be

actively involved in the fall elections for campaigns at every level; from the U.S. Senate to statehouse races.And we will fully and carefully examine every candidate and recommend those we believe have earned thesupport of our industry, whether they are a Republican, Democrat or an independent. And with XPS, we’llbe getting involved in the most highly targeted races.This election is just that important. n

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; orabridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petitionthe Government for a redress of grievances.”

As we move forward,the IMA and theManufacturers Political ActionCommittee (MPAC)will keep a laser-focuson winning seats nowheld by anti-jobs legislators.

Political tidal wave in November?

Mark Denzler is Vice President and Chief Operating Officer of the Illinois Manufacturers’ Association. Mark can be reached at 217-522-1240, extension 3008, or mdenzler@ima-net.org.

In the wake of the recently-enacted federal health care reform act that has further split theAmerican public along partisan lines, veteran political insiders are beginning to see stark similari-ties between 1994 and the upcoming 2010 election. As a result, many ruling Democrats in

Washington and Springfield are beginning to see ominous clouds on the horizon and are bracing forwhat could be another political tidal wave in November. However, questions remain about howclosely today’s playing field compares to 1994 and whether the anti-incumbent sentiment will remainsix months down the road when voters actually take to the polls and cast ballots.Quarterbacked by then Minority-whip Newt Gingrich, in the 1994 election Republicans rallied

around the Contract with America to convince Americans that, after a forty-year reign, Democrat con-trol of Congress needed to end. Americans, including Illinoisans, went to the polls and tossed manylong-time legislators out of office leading to the so-called “Republican Revolution.” When the dust set-tled, Congressional Republicans picked up 54 net seats while the Republicans in the U.S. Senategained an additional nine seats (including Sen. Richard Shelby who switched parties) leading to anew majority. However, it’s important to remember that since the 1994 landslide, CongressionalRepublicans have only defeated incumbent Democrats 21 times — an average of three per election.The tremors felt around the United States were equally as prevalent in Illinois where Governor

Jim Edgar led a Republican sweep of constitutional offices. In 1994, after drawing the new legislativemap two years prior, House Republicans recruited good candidates in a large number of districtshoping that a rising tide would lift all boats. It did just that. After election night, 13 Republican can-didates achieved victory, eliminating a 67-51 minority and giving Republicans a 64-54 majority. Thiswin propelled Lee A. Daniels into the Speaker’s office. In the upper chamber, where only one-thirdof the seats were up for election, Republican Senate President James “Pate” Philip played a morecautious game and ultimately added only one seat making it a 33-26 majority.As we look forward to November, pundits are first examining recent elections across the nation,

especially the gubernatorial elections in Virginia and New Jersey where Republican candidates wonoffices previously held by Democrats, to see if this foreshadows another voter backlash. Back in1992, the coming Republican tidal wave was forecast by Democrat losses in races for control of theGovernor’s mansion in New Jersey and city hall in New York and Los Angeles so there is some realand anecdotal evidence that change is coming.We Ask America, a national polling firm run by Xpress Professional Services, Inc., a for-profit

affiliate of the Illinois Manufacturers’ Association, has conducted extensive national polling showingthat independent voters are nearly twice as likely to support Republican candidates facing Democratincumbents who voted in favor of the federal health care legislation. In Illinois, polling shows sever-al Democrat incumbents including Congressman Bill Foster, Congresswoman Debbie Halvorson, andCongresswoman Melissa Bean face very tough challenges and are, in some cases, trailing in theearly head-to-head polls.Prior to the 1994 election, Congressional Republicans enjoyed a 259-176 majority which is very

closely mirrored today where Democrats enjoy a 253-177 margin with an additional four open con-gressional seats due to vacancies. On the ballot, there are currently 20 Republican-held and 19Democrat-held seats where the incumbents are not running for re-election. After taking into effectthe current political map drawn in 2002 and demographics, it appears that there are only 20 seatsout of the 435 Congressional seats that are considered “toss ups” at this moment. With 218 seatsneeded for a majority, Republicans have a good opportunity to regain relevance, or some parity, butit will take another epic event — a net gain of 41 seats — to win back control of Congress.The race is much tougher for Republicans in the U.S. Senate purely because of numbers. Only 36

seats are up for election in the body where Democrats enjoy a 59-41 advantage. Of the thirty-sixseats, there are 18 that are currently held solidly by Republicans and 10 under strong Democraticcontrol, leaving only eight seats as potential “toss ups.” With their commanding majority, Democratsneed only to win eight of the 36 seats up for election to maintain their majority control.

(continued on page 8)

Legislative Report

MARK DENZLER

6

Constellation NewEnergy — Serving over 14,000 commercial & industrial customers

7

On March 23, 2010, PresidentObama signed into law thePatient Protection and

Affordable Care Act (the “PatientProtection Act” or “Act”). On March30th, President Obama signed intolaw the Health Care and EducationAffordability Reconcilia tion Act of2010 (the “Reconciliation Bill”), whichcontained certain negotiated changesto the Patient Protection Act. Unlessotherwise noted, this article discussesthe Patient Protection Act as modifiedby the Reconciliation Bill. The provisions of the Patient

Protection Act are largely dividedbetween those that become effectivein 2011 (for calendar year benefitplans and individual contracts) andthose that become effective in 2014or later years. The provisions thatbecome effective in 2011 are prima-rily consumer insurance reformsrelating to such subjects as coverageof adult children, annual and life-time limits, coverage rescissions,claims adjudication, etc. The primarysubstantive provisions of the Act,relating to the creation of insuranceexchanges and individual andemployer responsibilities, becomeeffective in 2014.The Act paints with a broad

brush, and thus most of the impor-tant details of the legislation willneed to be developed through regu-lations, administrative rulings, andpotentially through future clarifyinglegislation. For example, many ofthe Act’s requirements build off theconcept of “essential health bene-fits,” a term that is broadly definedin the Act as medical coverage thatis equal to the scope of coverageprovided under a typical employerplan. However, the details of whatconstitutes “essential health benefits”

will be developed in regulations tobe issued by Health and HumanServices (“HHS”). The learning curve for this legis-

lation, and the regulatory guidanceto follow, will be long and steep. Itis important now for employers tobegin to assess the short-term andlong-term ramifications of the Acton their health benefits programs,and prepare for coming develop-ments as the contours of the Act.Interim requirementsInterim Consumer ProtectionsBetween the date of enactment

and 2014, the Patient Protection Actimposes a series of interim require-ments. Some of these provisions areintended to preserve existing benefits.Others are intended to limit adverseactions in advance of final reforms.These interim provisions become

effective for plan years beginning sixmonths after enactment (i.e., planyears beginning on or afterSeptember 23, 2010). For calendaryear plans, these provisions applybeginning January 1, 2011. Theseinterim requirements are summa-

Health care reform enacted . . . now the learning curve begins

Government Initiatives

PHIL MOWERY & PAUL RUSSELL

Phil Mowery and Paul Russell are shareholders with the Chicago-based law firm of Vedder Price PC. Phil is currently chair of the firm’semployee benefits practice area. He can be reached at 312-609-7642 and pmowery@vedderprice.com. Paul is past chair of the practicearea. He can be reached at 312-609-7740 and prussell@vedderprice.com. Both attorneys emphasize complex benefits planning and coun-seling. The firm also handles complex, benefits-related litigation. Vedder Price serves as outside general counsel to the IMA.

see HC REFORM page 22

At the State Capitol, IllinoisDemocrats enjoy large majorities inboth the House of Representatives(71-47) and the Illinois Senate (37-22). The Illinois House ofRepresentatives, led by SpeakerMichael J. Madigan is generally moreconservative and has protected theIllinois business community frommany of the proposals conceived byformer Governor Rod Blagojevichand last year’s income tax hike pro-posals. The Senate, which is more

liberal and under the control ofSenate President John Cullerton, tooka risk last year by passing a plan rais-ing the income tax and expandingthe sales tax to thirty-nine servicesonly to see it languish in the House.Recently, recognizing the voter angerrising across the state and seeking tobuttress their incumbency, theGovernor and legislative leadershiptook an unparalleled step of begin-ning to reign in the high cost of pub-lic pensions — a move supported bythe IMA and the general public.As we move forward, the IMA and

the Manufacturers Political ActionCommittee will keep a laser-focus onwinning seats now held by anti-jobs

legislators. We plan to run concertedelection programs in a small andselect group of districts where we canhave a major impact. To that end, wewill be asking for your specific helppaying for mail pieces, radio and tele-vision ads, and/or polling informa-tion. Together, employers can send aloud and clear message that we areready for pro-business reform. n

8

DENZLERCont. from page 6

ManufacturerThe Illinois

Advertising in The Illinois Manufacturer is an effective way to reach more than 7,000 Illinois business leaders and manufacturing executives.

visit http://www.ima-net.org/library/tim.cfm for ad rates and more information.

RESERVE YOUR AD SPACE TODAY!

Contact Stefany Henson, 217-522-1240, ext. 3017, or email shenson@ima-net.org

Editorial focus of 2010 issues: Summer—Energy Issues; Fall—Top Issues Facing Manufacturing ; Winter— Innovation/Technology

In light of the recently enactedIllinois and Chicago laws restrict-ing cell phone use while driving,

one would think that drivers shouldhesitate before making that call orcomposing that text message or emailfrom their cell phones. Under theIllinois text messaging law that wentinto effect on January 1, 2010 (625ILCS § 5/12-610.2), drivers may notsend or receive text messages oremails from their cell phones orhand-held devices. In addition, a2005 Chicago city ordinance prohibitsdrivers from making or receiving callson their cell phones, unless they areusing hands-free devices. Yet despitethese laws, we continue to see driv-ers talking or texting on their phones. According to recent studies on cell

phone use while driving, the ramifica-tions of this conduct can be truly dev-astating. For example, a study by theInsurance Institute for Highway Safetyfound that using a cell phone whiledriving quadruples the chances of aninjury-causing collision, and that thisoutcome remains the same regardlessof whether a hand-held or a hands-free device is used. Other recent stud-ies by the University of Utah and theHuman Factors and ErgonomicsSociety concluded that drivers talkingon cell phones, whether using hand-held or hands-free devices, were asdangerous on the road as drunk driv-ers, in tending to drive more slowly,brake more slowly, and to generallyrespond more slowly. According toanother recent study by NationwideMutual Insurance Company, 73 per-cent of 1,200 drivers surveyed openlyadmitted to talking on their cellphones while driving.While these and other similar sta-

tistics are certainly disconcerting,you may be asking what, if any-thing, might employers have to do

with this. The answer may surpriseyou. A number of verdicts and set-tlements indicate that employersmay well be the ones footing thebill when an employee’s cell phonecall gone awry results in a collision.For example, in 2007, an interna-tional paper and packaging productcompany agreed to a $5.2 millionsettlement in a case where anemployee who was driving a com-pany car while talking on her com-pany-issued cell phone rear-endedanother vehicle, causing the driverof that vehicle severe injuries thateventually required the amputationof her arm. In 2004, an attorney hitand killed a child, while talking onher cell phone and driving. Thisdriver was apparently so distractedby the call that she thought she hit adeer and continued driving, and

turned herself in only the next dayafter seeing news of the hit-and-runon her television. The attorney’s lawfirm settled the resulting $30 millionlawsuit with the child’s family for anundisclosed amount. In 2001, aFlorida jury awarded an almost $21million verdict against a buildingcompany that employed a sales per-son who, while driving and alleged-ly talking on his cell phone, struckand severely injured a 78-year-oldpassenger in a car stopped at anintersection. In 1999, an employeeof a brokerage firm hit and killed aman while making a sales pitch forthe firm using his cell phone, whiledriving at 9:00 pm on a Saturdayevening. Faced with the prospect ofa jury trial, the brokerage firm set-tled the lawsuit for $500,000.

9

Employees’ cell phone use while driving:Your company’s liability?

Human Resources

DAVID B. RITTER & SONYA ROSENBERG

David B. Ritter is partner and Chair of, and Sonya Rosenberg is a member of the Labor and Employment Practice Group of Chicago-based lawfirm and IMA member Neal, Gerber & Eisenberg LLP. David can be reached at 312-269-8444 or dritter@ngelaw.com. Sonya can be reachedat 312-827-1076 or srosenberg@ngelaw.com.

see CELL PHONE USE page 10

10

Get your free electricity quote at http://www.newenergy.com

These and similar cases makeclear that companies simply cannotafford to ignore that most, if not all,their employees have cell phonesand that they can and do use thesecell phones while driving and con-ducting business-related activities. Ifan employee is driving a companycar or his or her own car on anybusiness-related purpose and hap-pens to be talking, or texting, oremailing on either a company-issuedor his or her own cell phone orhand-held device shortly before or atthe time of the collision, the compa-ny can incur serious, costly liability. The potential for liability for

employers in cell phone drivingcases is most likely to come fromone of two legal theories: (1) directnegligence; or (2) vicarious liability.The former requires proof that theemployer permitted and/or encour-aged employees to use cell phonesfor business-related purposes whiledriving, but failed to informemployees of the involved safetyrisks or to train them on adequatepolicies and procedures on safe cellphone use while driving. While such direct negligence

claims have been made, they are notas common as claims brought underthe second, broader theory of vicari-ous liability, also known as “respon-deat superior.” Vicarious liability has,in fact, been involved in the vastmajority of cell phone driving casesimplicating employers. For example,in Ellender v. Neff Rental, Inc., 265So. 2d 898 (App. Ct. La. 2007), thecourt held in favor of an injuredmotorist against the driver’s employ-er, because the driver happened tobe on a business-related cell phonecall and searching for his employer’spricing information while drivingwhen the accident took place.Because the driver was acting withinthe scope and course of his employ-ment when he was talking on his cellphone and looking for company pric-ing information, the court held thedriver’s employer vicariously liablefor his conduct.Not only do cell phone driving

cases create serious legal exposurefor employers, they can also result in

a public relations nightmare. Giventhe already controversial, sensitivetopic of cell phone use while driving,especially in the state of Illinois, it isnot difficult to imagine the backlashof a sensationalized news story orarticle describing an employee takinga sales call on behalf of his or hercompany while driving, and causinga serious accident. With today’s tech-nology, including blogs and socialnetworking sites, negative publicityfrom an accident is likely to getaround quickly and to then stayaround for a long time.So what are employers to do? The first step is facing the reality

that individuals’ cell phone usewhile driving is an issue and onethat can seriously impact the healthof your Company in at least threeways: (1) on a personal, humanlevel, as a result of difficult emotion-al and morale-related complicationsat the workplace arising from acompany employee causing injury tosomeone else; (2) financially, as aresult of having to defend and, inmany cases, having to pay for partor all of a settlement or award in anegligence or vicarious liability case;and (3) on a reputational level, as aresult of strong, negative publicitythat can follow a collision involvingthe use of a cell phone.The second step is to do an audit

of your policies and to revise andupdate or, if necessary, to imple-ment an appropriate cell phone usepolicy. Among other things, such apolicy should state your company’sphilosophy on employees’ use ofcell phones while driving.Depending on the nature of a com-pany’s business, some employersmay be able to implement an out-right ban on the use of cell phonesapplicable to employees driving oncompany business. A number ofcompanies, including Exxon Mobil,UPS and AstraZeneca US, havetaken this route, and prohibited theiremployees from speaking or textingon their cell phones while drivingon company business. If such a banfits your business, it is the best wayto protect you from the ramificationsof any cell-phone-caused collisions.If, however, such a ban is not realis-tic given the nature of your work,requirements and restrictions for cellphone use while driving must be

clearly set out in a written policy.Such a policy should include,among other things:• A statement of the company’scommitment to safety;

• A reminder that employees maynot use hand-held devices toemail or text while driving;

• A requirement that employeesmust only make phone callsusing hands-free devices and tokeep these devices within easyreach while driving;

• Clear restrictions against texting,taking notes, using the phone inhazardous weather or traffic con-ductions, taking part in emotionalor stressful conversations, or oth-erwise placing oneself at any riskin order to fulfill any business-related requests or needs; and

• A disciplinary component, requir-ing employees to acknowledgethat if they are engaged in trafficviolations relating to the use oftheir cell phones will driving,they will be solely responsible forany liability resulting from suchactions, and that policy violationsare grounds for serious discipline,up to and including immediatetermination of employment.The third step to dealing with

employees’ cell phone use whiledriving is consistent enforcement ofyour company’s cell phone use phi-losophy, policy and procedures.Unfortunately, employers sometimesforget this important step, whichcan result in added liability. It canbe too easy for a savvy plaintiff’slawyer to argue that an employer’slack of enforcement suggests a will-ful violation or a reckless disregardof the policy because, while clearlyaware of the requirements and risksas reflected in the written policy,the employer chose to ignore theserisks and failed to provide adequatenotification and/or training toemployees. Accordingly, employersshould take measures to notify,train, and periodically retrain theirsupervisors and regular employeesin the cell phone use policy, as intheir other important policies. Although you may not be able

to prevent a collision or a lawsuitarising from a collision, these stepscan help minimize your company’sexposure and provide the neces-sary defense. n

CELL PHONE USECont. from page 9

11

If you are approaching energyefficiency projects one at a timeinstead of tackling several at

once, you may have a hard timemaking meaningful progress on yoursustainability goals. You are also notmaximizing your potential energycost savings. There is a betterapproach to sustainability, but itrequires you to think bigger.

A multi-solution approachYour list of potential energy

projects might include upgradingyour HVAC systems, installing moreefficient lighting or improving insu-lation. Think about coupling anumber of the more inexpensiveprojects on your list with biggerticket items. Savings from projectswith rapid payback periods canhelp offset the costs of projectswith longer-term paybacks. You aredoing these smaller projects any-way. Why not maximize their valueby doing more and combining themwith the major projects that you’vebeen putting off or did not thinkwere financially possible?

Achieve double-digit savingsSmart organizations are taking

the multi-solution approach toenergy and sustainability. One ofour customers in Illinois recentlyimplemented a total of six energyconservation measures at once andwas able to achieve a 13 percentreduction in overall energy use.That equates to more than $2.1 mil-lion in expected annual savings.Projects ranged from smaller scopemeasures like lighting improve-ments and water conservation tomore significant upgrades likeimprovements to the chiller plantand steam/boiler plants.

Apply savings to pay for upgradesWhen you structure these

improvements as performance con-tracts, the guaranteed savings payfor the new equipment and labor.So, without increasing expensesyou’re able to gain new, moredependable equipment and achieve

your sustainability goals. The cus-tomer in the example above wasable to significantly reduce itsexpected carbon footprint, andmake the equivalent of $20 millionin upgrades without incurringupfront costs.

Combine multiple energy efficiency projects tomake a meaningful impact on sustainability

Environmental Issues

MICHAEL D. SMITH

Michael D. Smith is Senior Vice President of Green Initiatives for Constellation NewEnergy — the leading electricity supplier for businessesin Illinois and throughout the United States. He can be reached at michael.smith@constellation.com.

see SUSTAINABILITY page 26

13

Nanotechnology is a field ofapplied science that deals withthe development and use of

products that are produced and con-trolled on the molecular level.1 Ananometer is one billionth of a meter,and nanomaterials range in size fromone to one hundred nanometers.2

Scientists can produce nanomaterialseither from existing, large materialsthat they reduce in size, or by manip-ulating atoms and molecules to buildnanostructures.3 Silver, gold, carbon,zinc, silica, and titanium are the mostcommon chemical compounds usedin nanotechnology engineering.4

Although nanotechnology was bornin the 1980s, it is still in its nascentstages of development.5

Nanotechnology intrigues peoplebecause it can be used in a varietyof fields and products, much like theInternet is today.6 Currently, compa-nies are marketing their nanotechwares in the areas of pharmaceuti-cals, cosmetics, and food.7

Shampoos, make-up, deodorants,sunscreens, stain-resistant clothing,household appliances, paints, elec-tronics, golf clubs, batteries, bicycles,tennis rackets, and skis are just a fewof the over 2,000 consumer productsthat currently incorporate nanotech-nology. It is estimated that the mar-ketplace for such goods and tech-nologies will explode over the com-ing years — potentially encompass-ing $1 trillion in revenue by 2015,and employing millions of workers.8

Clearly, what makes nanoprod-ucts so interesting is their size.Because they are so small, they canmove across cell membranes andmigrate out of human blood cells,which larger particles cannot do.9

But the size of nanomaterials alsomakes them risky. With materials sosmall, the laws of physics that gov-

ern larger objects simply do notapply to nanomaterials. And thechemical properties of many materi-als that incorporate nanotechnologycan change drastically.10 How thesetiny products conduct electricity orreact chemically, as well as theirstrength, solubility, and mobility aredrastically different than their largercounter-parts. For example, nano-sized aluminum particles canbecome highly explosive and nano-sized carbon can become 100 timesstronger than steel.11 Additionally,the increased mobility of nanomate-rials allows them to slip by some ofthe human body’s defenses, poten-tially rendering the nanomaterialstoxic.12 Although scientists have a

general idea of the kinds of thingsnanomaterials can do, at present, theeffects of nanotechnology on thehuman body and the environmentare largely unknown.13

Unknown consequences and sig-nificant risks in the use of nanotech-nology have led some to believe thatnanoscience is ripe for “regulation bylitigation.”14 At least one report hascompared the effects of injecting car-bon nanotubes into mice to theeffects of asbestos exposure.15

Another report out of the Universityof California suggests that individualsworking with high concentrations oftitanium oxide nanoparticles (titani-um oxide is used in sunscreens)

Nanotechnology — A world of possibilities ripe for regulation and litigation

Manufacturers and Technology

PAUL E. BENSON & BELINDA R. BELK

Paul E. Benson is Chair of the Litigation Practice Group at Michael Best & Friedrich LLP. Mr. Benson can be reached at 414-225-2757, orby email at pebenson@michaelbest.com. Belinda R. Belk is an attorney in the Litigation Practice Group at Michael Best & Friedrich LLP.Ms. Belk can be reached at 414-223-2526, or by email at brbelk@michaelbest.com.

see NANOTECHNOLOGY page 14

have a higher risk of cancer andgenetic disorders.16 This UCLA studywas performed on mice, which wereexposed to high levels of titaniumoxide nanoparticles.17 The studyrevealed that the nanoparticles hadan effect on the DNA of the miceand elicited an inflammatoryresponse.18 The scientist’s explanationfor these results goes back to thevery nature of the nanoparticle.19

Titanium at its normal size is notchemically inert. However, as theparticles become smaller and smaller,their surface actually becomes biggerand their ability to interact with othersurfaces and the environment createnew unknown responses.20 Morehuman studies are needed in orderto truly understand these newunknown responses and how theycan affect human health. However,the UCLA study concludes that thereshould be a concern about titaniumnanoparticles and their ability tocause cancer or other genetic disor-ders, especially for those workingwith and ingesting these materials.21

Although the dearth of knowl-edge, high risk, and possible toxicityof nanomaterials are probablyenough to mobilize the plaintiffs’ bar,the lack of regulation in the UnitedStates could also contribute to anexplosion of litigation in the event ofnanoinjuries.22 American regulatoryagencies, including the U.S.Environmental Protection Agency(“EPA”), the U.S. Food and DrugAdministration (“FDA”), the U.S.Department of Health and HumanServices — National Institute ofOccupational Safety and Health, U.S.Department of Health and HumanServices — National ToxicologyProgram, and the Consumer ProductSafety Commission, are all still gath-ering information on nanotechnolo-gy. So to the extent there will be ini-tial push-back against nanotechnolo-gy, it will likely come from con-sumers and their attorneys.23

One observer predicts that “nan-otort” suits could involve medicalmonitoring claims, toxic tort classaction claims, and “no injury” con-sumer class action suits seeking arefund of the purchase price of the

“offending” product.24 The mass tortinfrastructure, which is already inplace due to the success of othermass tort litigation such as tobaccoand asbestos, is ready, willing andable to find a new focus and thatfocus could be products containingnanoparticals.However, the likelihood of suc-

cess of these lawsuits is just asuncertain as the effects of the tech-nology itself. If there is no dis-cernible, hallmark nanodisease, prov-ing physical injury and causation ofsuch injury may be extremely diffi-cult.25 A recent case, Parker v.Wellman, involved a claim of allegedberyllium exposure and resultantinjuries on the cellular and subcellu-

lar levels.26 The United States Courtof Appeals for the Eleventh Circuitruled that “present physical injury”27

is a term of art in the legal, not sci-entific arena, and concluded thatsome of the plaintiff’s damage claimsdid not rise to the level of “presentphysical injury.” This result suggeststhat although releasing products withunknown risks and side effects gen-erally raises the chances of liability,the mysteries surrounding the effectsof nanoproducts may make injuresdifficult to prove, thereby discourag-ing the plaintiff’s bar from bringingthese suits.28

The potential arena of mass tortclass action litigation focusing on thepotential effects of nanomaterial

exposure may face even greaterchallenges.29 Class certification insuch litigation would require show-ing that common issues of fact andlaw predominate over individual fac-tual issues.30 Such individual issues,including exposure, medical history,causation, and damages will varygreatly.31 However, a creative plain-tiff’s attorney may use the examplesof successful medical monitoringclaims and the use of differing classaction phases to fashion a palatablenanotort class action. Just as the scientific facets of nan-

otechnology are still in their earlystages and largely unknown, thelegal repercussions of the rise innanotechnology are also uncertain.The FDA has recently stated that itbelieves that its “regulatory authorityis sufficient to address nanotechnolo-gy” but admits there are “furtherquestions” for it to consider.32

Although the agency plans to releasea nanotech guidance letter before theend of 2010, at present the FDAdoes not even have a working defi-nition of what it considers to be“nanotechnology.”33 In the meantime,the FDA has said that it does notregulate a process or a technology,such as nanotechnology, but onlythe product itself.34 It is up to indus-try to ensure that the products it sellsare safe for the public to consume.35

The EPA has also stepped into thering to lay the foundation for regulat-ing nanomaterials.36 The EPA claimsit will seek to assess and limit therisks associated with nanomaterialthrough the Toxic Substances ControlAct, 15 U.S.C. § 2601 et seq.,(“TSCA”).37 Under the TSCA, the EPAmay impose Significant New UseRules (“SNURs”), which couldinclude requiring protective clothingand equipment for companiesimporting or processing carbon nan-otubes (“CNTs”).38 The EPA proposedthe SNURs in November 2009, citinga “lack of data on the potentialhealth risks” posed by CNTs expo-sure.39 The EPA believes that CNTsmay cause lung problems and otherhealth effects via dermal exposure.40

The EPA’s proposed new SNURs alsoinclude imposing new recordkeepingrequirements for CNT manufacturers,importers, and processors.41

The EPA is also considering issu-

NANOTECHNOLOGYCont. from page 13

Constellation NewEnergy — Local service from a global leader

14

see NANOTECHNOLOGY page 27

The United Kingdom report statedthat although the benefits of nanotechnology may be great andultimately revolutionize the foodindustry, the secrecy that oftensurrounds nanotechnology (especially as it relates to foodpackaging) may lead to a publicbacklash similar to the backlashencountered by the manufacturersof genetically modified food in the European Union.

Product recall, are two wordsno food manufacturer orprocessor wants to see next to

their name. But the food industry isone of the most exposed industriesto a product recall. A food industryproduct recall can be caused for avariety of reasons including, misla-beling or not correctly labeling theingredients (the most commoncause), accidental contamination, ormalicious tampering. Recent federalinitiatives and pending legislationare intended to significantly increasethe FDA’s authority to order a foodproduct recall. What are the risksassociated with a product recall tothe more than 1,300 food manufac-turers and processors in Illinois?How can these risks be managed?

Federal initiatives and legislationIn November, 2007, the FDA

began to lay the groundwork for asignificant increase in their authoritywith the adoption of the FoodProtection Plan. It called for increas-ing the FDA’s authority to order agovernment recall of food. Currentlyno government agency has the leg-islative authority to order a recall ofany food or beverage with theexception of infant formula. TheFDA and other state regulators canachieve a recall by withdrawinginspectors or closing a food process-ing facility for health reasons. TheFDA Food Protection Plan alsoasked for the legislative authority toimplement new fees, and increasethe FDA’s access to the records offood processors and manufacturers.President Obama, in establishing

the President’s Food Safety WorkingGroup, on March 14, 2009, stated,“There are certain things that onlythe government can do.” The presi-dent asked this group to: recommend

legislative upgrades; coordinate foodsafety efforts throughout governmentagencies; and ensure adequateenforcement of current laws. Senate Bill 510: The FDA Food

Safety Modernization Act is the cul-mination of the FDA’s requests in2007 and recommendations of thePresident’s Food Safety WorkingGroup. This bill unanimouslycleared committee in November andcould reach the Senate floor in May,where it is expected to pass withstrong bipartisan support. A similarbill passed the House in July, 2009.This legislation will amend the fed-eral Food, Drug, and Cosmetic Actto significantly expand the authorityof the Secretary of Health and

Human Services to regulate food.This new authority would include:suspending the registration of a foodfacility; requiring food facilities toevaluate hazards and implement pre-ventive controls; assessing and col-lecting fees related to reinspectionor food recalls; and ordering animmediate cessation of distributionor recall of food.

What is at stake? Risks and exposuresThe new federal initiatives and

proposed legislation directed at foodsafety will raise public awarenessand increase the responsibility offood manufacturers and processors

Food safety . . . the changing landscape of product recall

Management Techniques

DEBBIE HEERDEGEN & RODNEY NUBIN

Debra Heerdegen is a producer at DS&P Insurance Services in Palatine and can be reached at 847-485-2405, dheerdegen@dspins.com.Rodney Nubin is Vice President of Socius Insurance in Elgin and can be reached at 630-883-4901, rnubin@sociusinsurance.com.

see FOOD SAFETY page 28

15

16

ood manufacturing is thelargest sector of the man-ufacturing industry in theUnited States, employing

about 1.5 million workers, accordingto the Bureau of Labor Statistics. It isalso one of the most competitiveindustries in the world. Even whenthey successfully conquer slim mar-gins, high employee turnover andwildly fluctuating ingredient costs,food processors still face the ulti-mate challenge: guarding the purityand safety of the product they sell.All manufacturers face the dilemma

of balancing cost and quality. But forfood processors, lowering quality isnot an option, because it could bringon shortened shelf life and potentialliabilities. So processors are always onthe lookout for ways to trim costs.After ingredients, their largest cost islabor, an expense which is com-pounded by the sector’s notoriouslyhigh employee turnover rate. Somefirms experience turnover in excess of100 percent a year in their productionline workforce. At this rate, a firm thatemploys 5,000 line workers must hire100 workers a week. That can trans-late into the screening of 300 potentialhires each week.Complicating the turnover situa-

tion, the industry has adopted vol-untary food safety standards whichraise the level of training and skills

required of all production line work-ers. It’s no longer acceptable to slidein a DVD and push “play.” Nowmanufacturers need proof that theworkers were trained; that theyunderstood the training; and thatthey can demonstrate the lessonslearned in the training. With the industry’s heightened

emphasis on food safety and itshigh level of employee churn, it isno surprise that training has becomethe most critical success factor forfood processors. According to the2010 Manufacturing Trends Surveyby Food Processing magazine,employee training was the numberone initiative cited by processors toimprove food safety. For quality assurance and food

safety managers, it is a daunting taskto train and assess so many workersin the intricacies of hygiene, aller-gens, HACCP, and other aspects offood safety. In addition, these sameworkers are required to go throughOSHA awareness courses, humanresources training, and their compa-nies’ orientation sessions. Many ofthem are overloaded before theypackage their first product.Over the years, every form of

training has been tested and imple-mented in manufacturing facilities.Let’s review the most popular train-ing modalities available:

Winning thebattle forsafer food

through effective training

by David Perl, Chief Operating Officer, Alchemy Systems, LP

F

Instructor-led trainingInstructor-led training (ILT)

appeals to companies looking totrain groups of employees with alimited number of skilled trainers orexperienced workers. ILT might beformal (e.g. scheduled classes in atraining room), or more informal(e.g. “tribal” training or “tailgate” ses-sions at construction sites). Many companies favor instructor-

led training because it is relativelyeasy and inexpensive to put togeth-er courses and classes. In addition, itmay afford workers the opportunityto have their questions answereddirectly by an expert.At the end of an instructor-led

session, a paper test may be givento certify that the workers haveretained the necessary lessons thatwill allow them to do their jobsmore safely and efficiently. Thesepapers must be graded and stored ina location that allows for them to beretrieved easily during an audit.However, ILT courses generally

require longer attention spans of theworkers, because the material israrely distilled to the essential levelneeded for the job. The tendencyfor most trainers is to “overteach,”by dumping all their experiencesand opinions into the lesson.Language is a barrier that arises

for trainers, especially in the foodmanufacturing industry. In many

facilities, there is a large contingentof non-English-speaking workers.While it would be convenient toonly deliver classes in English (andto have the workers do their owntranslating on the fly), training ses-sions are not the time to teachEnglish. The most effective trainingis delivered in the workers’ nativelanguage. But it is rare to find train-ers who know more than theirnative language fluently. So to teachclasses in multiple languages, com-panies sometimes rely on less-expe-rienced workers.Using multiple trainers virtually

guarantees that an inconsistent mes-sage will be delivered to differentgroups of workers, because of thetrainers’ varied teaching styles andexperiences. For example, a trainerwho is unfamiliar with a certainpiece of processing equipment ismore likely to gloss over that sectionof the course. Such inconsistenciescan cause confusion among theworkers as to the importance of cer-tain lessons when they are back onthe production line.Indeed, with ILT, it’s all about the

instructors. If they are on theirgame, the workers will be motivatedto learn and retain a lot of informa-tion. But if a trainer is having a badday, the company is at risk becauseworkers may not get the essentialinformation they need. Companiesalso have to remember that goodinstructors cost a good deal ofmoney, and trainer burnout is com-monplace.

VideosMany companies incorporate

videos as part of their training pro-gram. Usually displayed in a class-room setting, videos make a greatvisual resource because they areconsistent, portable and reusable.Language issues are addressed by

17

see WINNING page 18

“Training our plant personnel and front line supervisors is one ofthe greatest investments we can make in the company. The moreour people know, the better they will be able to perform. AlchemySystems provides interactive training allowing us to know exactlywho understands the material and who needs additional help.Whether we’re discussing GMP’s, allergen control or plant hygiene,our plant personnel need to be vey well versed. Great taste shouldbe our consumer’s only concern.”

Cindy Martinez, Food Safety Plant Auditor, Ferrara Pan Candy Company, Forest Park

Scenes from Ferrara Pan CandyCompany in Forest Park . . .

Top: “panning” Lemonheads atthe manufacturing facility.

Middle: Mural on the wall of thecandy shop, adjacent to the

manufacturing facility. Bottom:Red Hots ready to be packedand shipped to retail outlets.

subtitles or multiple versions of thesame course. Most companies thatuse videos require their workers tosign in, and many require a writtentest to gauge comprehension.But videos have their downside.

Shown in darkened rooms, they are aleading cause of workplace napping.To a generation of workers who havegrown up with email, text messagesand Facebook updates every fewminutes, videos are just not excitingenough to hold their attention.In addition, video-delivered infor-

mation cannot be tailored withoutsignificant expense, and it canbecome outdated very quickly.Ironically, because of this expense,some companies show videos thatare over ten years old, and thenspend significant time in the classdiscussing all the changes that haveoccurred since the video’s release!Finally, like ILT, videos require

manual documentation of the work-ers’ attendance and mastery of con-tent, along with the paper-basedrecordkeeping.

On-the-job trainingOn-the-job training (OJT) is the

oldest teaching method known toman. It enables supervisors to shownew workers step-by step instruc-tions for the tasks for which they areresponsible. OJT is highly cus-tomized for the worker, the supervi-sor and the situation.No matter how structured and for-

mal a company’s training program is,there will always be some OJT occur-ring. The key for companies is toensure consistency and documenta-tion by capturing the best OJT,deploying it across the enterprise, andmeticulously documenting the events.Without a formal OJT process, a

company faces big risks. The first isinconsistency. As in ILT, contradicto-ry messages can be delivered by dif-ferent supervisors in OJT situations. The second risk is discontinuity

of knowledge. OJT is very muchlike tribal knowledge. When agood OJT teacher leaves the com-pany, his knowledge walks out thedoor with him. And, lastly, a company risks lia-

bility because of the informalnature of OJT. While a supervisorcan testify in court that a workerwas taught proper use of amachine’s guards, the lack of a for-

mal record and assessment puts thecompany at risk in court.

E-LearningE-learning has long promised

strong engagement, cost efficiencyand consistent delivery of content.This promise has been somewhatunfilled, due to the fact that thereare many interpretations as to whatqualifies as e-learning. For somecompanies, a slide show qualifies ase-learning (it certainly passes thecost efficiency test). To others, noth-ing short of a heart-stopping multi-media experience will do.Generally, the more engaging that

e-learning is, the more expensive it isto produce. A good e-learning coursecan cost many times as much to cre-ate as a comparable ILT course. Butthe efficiency of e-learning is notdetermined solely by its developmentcost. Its biggest efficiency gains overILT are the reduced cost of trainers;the consistent delivery of lessons;and its electronic assessment andrecordkeeping capabilities.The biggest downside to e-learn-

ing in a manufacturing environmentis the serial nature of the training. Acompany with five PCs can onlytrain five workers at a time. In addi-tion, many companies have foundthat e-learning sessions almostalways require a proctor. In large e-learning groups, the proctor floatsfrom PC to PC, answering technicalquestions as the workers progress.In a one-on-one e-learning session,a proctor is sometimes needed tokeep the student from falling asleep! How can this be? Even well-writ-

ten e-learning courses can becomemonotonous. Many courses are writ-ten with the intent to “cover allbases,” and in doing so, overwhelmthe workers with needless informa-tion. Comprehension and comple-tion rates drop off dramatically aftera few courses. The e-learning indus-try attempts to cover these discrep-ancies, by offering more courses.What is needed in manufacturing

is a revolutionary way to train, assessand document workers’ knowledgeand compliance. Fortunately, techno-logical advancements in training havebeen developed in the last five yearsthat combine the best qualities of ILT,videos, OJT and e-learning. Products

18

WINNINGCont. from page 17

Constellation NewEnergy — The leading electricity supplier for businesses in Illinois and throughout North America

“The addition of the Alchemy SISTEM training program has

allowed Farmington Foods to easily administer training to our

Spanish speaking population in their language without the need

for translators. Training groups are a maximum of 12 people

and over the course of a year we train about 130 employees

including supervisors and managers. As the one presenting the

training modules and not speaking much Spanish, I was initially

very nervous about the reception that the SISTEM training would

receive. However, I have been pleasantly surprised with the

employees response. You can see that many are engaged in the

topic being presented by the look on their faces and they must

pay attention so the module will move forward when questions

are presented. As well, many employees seem to look forward

to their name being on the training list.

With SISTEM record keeping is also very convenient.”

Melissa Gumm, Director of Quality Assurance,

Farmington Foods, Forest Park

incorporating these advancementshave been field tested in manufactur-ing environments with some surpris-ingly strong results.One such product is SISTEM, from

Austin-based Alchemy Systems. SIS-TEM was developed under the guid-ance of food manufacturers, withtheir unique perspective on workertraining issues. Since its launch a fewyears ago, SISTEM has become a bestpractice in manufacturing, andrecently won the American MeatInstitute’s Supplier of the Year Award.Products such as SISTEM don’t

just train workers. They take a com-prehensive approach to managingliabilities by delivering and record-ing all modalities of training. An OJTtraining event is treated as impor-tantly as an ILT event, because it isas important to the company. But for manufacturers, the most

appealing aspect of products like SIS-TEM is how they combine the effi-ciency of group-based training withthe consistency of e-learning.Imagine that your production line hassuddenly stopped and is projected tobe down for 20 minutes. You nowhave 75 workers being paid for nooutput. Using the time for trainingwould be great, but it’s impossible toget a trainer to run an ILT class on solittle notice, and you only have fourPCs available for e-learning.If you had a product like SISTEM,

you would bring the workers into aroom and hand each of them a smallremote control (a “clicker”). Theywould sign in electronically throughthe clickers, and then the line supervi-sor would start the training sessionwith a few mouse clicks on a PC. Thecourse would be projected to the frontof the room for all to see. Interspersedthroughout the course would be ques-tions that all the employees mustanswer before the course would con-tinue. This guarantees that everyonemust pay attention (lest their namesappear on the screen for not answer-ing!). When the course finishes, allrecords would be uploaded to theincluded learning management system(LMS), which can be interfaced withyour company’s systems.These products appeal to manu-

facturers because the courses can bebased on almost any format, includ-ing pre-existing slide shows, videos,

lectures, etc. Even better, companiescan load their courses and questionsthemselves. The SISTEM productcomes with a library of courses formanufacturers, and an especiallydeep library for food processors. Inthese courses, Alchemy Systems hastaken engagement to a new level,by using a combination of humorand competition among the workers.Many IMA members who have beenusing SISTEM report that their work-ers leave the training sessions cheer-ing and wanting more.

One of the other appealing aspectsof the Alchemy-produced courses istheir ability to reach the workers attheir own level. They are written instreet language, a far cry from the pre-tentiousness of many e-learning cours-es. The courses deliver only what theworkers need to do their jobs safely,avoiding the temptation to over-teach.The efficiency of training up to 150 ata time in one room means that eachlanguage group can take the course inits native tongue. It’s no wonder that comprehen-

sive products like SISTEM have man-ufacturers clamoring to get on

board. Alchemy Systems, the marketleader, reports continued increase inmarket share for the last three years.Much of this growth is due to com-panies embracing the SISTEM plat-form and realizing significant savingsof costs and liabilities. Another driv-er is the need for processors to meetthe new food safety training require-ments of the major grocery chains.No one can predict what the

next major development in employ-ee training will be. But the mostlikely source will be the food manu-facturing sector, where the constantbalance of quality, cost-efficiencyand safety demands revolutionaryideas every few years. n

Author David Perl is Chief OperatingOfficer of Alchemy Systems, LP, an Austin,Texas-based company that creates andmarkets highly interactive training productsthat use technology and media to educateindividuals and groups. He holds anunder graduate business degree from theWharton School at the University ofPennsyl vania, and an MBA from HarvardBusiness School. For more information, youcan contact Alchemy Systems at contactus@alchemysystems.com or visit www.alchemysystems.com.

“Prior to using SISTEM, our method of training was via ‘Five-Minute Employee Meetings’ that were held monthly and facilitated by supervisors. Our training documentation consisted only of paper sign-in sheets. This did not allow us to track or test the employees’ understanding of the topic, nor were we able to ensure the message communicated wasconsistent. Using SISTEM has allowed us to dramaticallyimprove in these areas as well as provide a medium that bothour English and Spanish speaking employees can understand.Employees seem to really enjoy the skits and competing in thelightning rounds. In one of our locations, employees who wonthe most lightning rounds were awarded prizes, so it has really increased employee engagement.”Megan Robinson, HR Manager, Compensation and Benefits, Ed Miniat, Inc., Chicago

19

More of Ferrara Pan Candy Company’s delectable treats.

ARCHER DANIELS MIDLAND CO

Decatur, IL

www.adm.com/en-US/Pages/default.aspx

Other ADM facilities and locations:

A D M ALLIANCE NUTRITION INC

1000 N 30th St, Quincy, IL

ADM ANIMAL HEALTH & NUTRITION

1 Goodlife Dr # 687, Effingham, IL

ADM MILLING CO

1300 W Carroll Ave, Chicago, IL

ADM PACKAGED OILS

2501 W 20th St, Granite City, IL

ADM PROCESSING CO

1900 Gardner Expy, Quincy, IL

ADM/CORN SWEETENER PLANT

4666 E Faries Pkwy, Decatur, IL

ADM/EAST PLANT

4666 E Faries Pkwy, Decatur, IL

ADM/OIL REFINERY

4666 E Faries Pkwy, Decatur, IL

ADM/S S L PLANT

3615 E Faries Pkwy, Decatur, IL

ADM/WEST PLANT

3883 E Faries Pkwy, Decatur, IL

ARCHER DANIELS MIDLAND CO

2800 Refinery Dr, Quincy, IL

ARCHER DANIELS MIDLAND CO

1 Edmund St, Peoria, IL

ARCHER DANIELS MIDLAND CO

160 E Main St # 90, Bushnell, IL

ARCHER DANIELS MIDLAND CO

1021 S Henderson St., Galesburg, IL

ARCHER DANIELS MIDLAND/

SOY ISOLATE PLANT

4666 E Faries Pkwy, Decatur, IL

AMAZING FOOD MANUFACTURING

2105 Hammond Dr, Schaumburg, IL

www.amazingfoodmanufacturing.com

AMERICAN BLUE RIBBON HOLDINGS

16425 S Kilbourne , Oak Forest, IL

ANHEUSER BUSCH COMPANIES

1 Busch Place, Saint Louis, MO

www.anheuser-busch.com

APPETIZERS & INC

2555 N Elston Ave, Chicago, IL

www.appetizersandinc.com

AZTECA FOODS INC

5005 S Nagle Ave, Chicago, IL

www.aztecafoods.com

BAYS CORP

1026 W Jackson Blvd, Chicago, IL

BROWN PRODUCE CO

Rte 37 S, Farina, IL

CADBURY ADAMS USA LLD

5500 Forest Hills Rd, Rockford, IL

www.usa.cadbury.com/Pages/Home.aspx

CARGILL INC

15407 McGinty Rd W, Minneapolis, MN

www.cargill.com

Other Cargill facilities and locations:

CARGILL INC

1798 E Hwy 136, Carthage, IL

CARGILL INC

1525 E Phillips St, Springfield, IL

CARGILL INC

6 Industrial Park, Flora, IL

CARGILL INC

P O Box 335, Mentone, IN

CARGILL INC

E 9th St, Lockport, IL

CARGILL INC/OILSEEDS DIVISION

115 S Euclid Ave, Bloomington, IL

CARGILL MEAT SOLUTIONS

8295 Arenzville Rd, Beardstown, IL

CARGILL/ILLINOIS CEREAL

MILLS INC

616 S Jefferson St, Paris, IL

THE CARRIAGE HOUSE

COMPANIES INC

118 Iowa Ave, Streator, IL

www.carriagehousecos.com/index.html

CLOVERHILL PASTRY-VEND CORP

2035 N Narragansett Ave, Chicago, IL

www.cloverhill.com

CONAGRA FOODS, INC

1 Conagra Drive, Omaha, NE

www.conagrafoods.com/index2.jsp

Other Conagra Foods facilities

and locations:

CONAGRA FLOUR MILLING CO

145 W Broadway, Alton, IL

CONAGRA FOODS INC/GROCERY

FOODS DIV

215 W Diehl Rd, Naperville, IL

CONAGRA FOODS INGREDIENTS

195 Alexandra Way, Carol Stream, IL

CONAGRA INC

101 Water St, Chester, IL

DANISH MAID BUTTER CO INC

8512 S Commercial Ave, Chicago, IL

www.danishmaid.com/contact.html

DEAN FOODS CO

6303 Maxon Rd., Harvard, IL

www.deanfoods.com

DIAGEO

333 W Wacker Dr, Ste 1100, Chicago, IL

www.diageo.com/Pages/default.aspx

DOT FOODS INC

Rte 99 S, Mount Sterling, IL

ttp://www.dotfoods.com

THE EDLONG CORP

225 Scott St, Elk Grove Village, IL

www.edlong.com

FARMINGTON FOODS CO

7419 Franklin St; Ste 74, Forest Park, IL

www.farmingtonfoods.com

FERRARA PAN CANDY CO

7301 Harrison St, Forest Park, IL

www.ferrarapan.com

FLAVORCHEM CORP

1525 Brook Dr, Downers Grove, IL

www.flavorchem.com

FRESH EXPRESS CORP / CHIQUITA

9501 Nevada Ave, Franklin Park, IL

www.freshexpress.com

GELITA U S A INC

10 Wentworth Ave, Calumet City, IL

www.gelita.com

GENERAL MILLS INC

704 W Washington St, West Chicago, IL

www.generalmills.com

Other General Mills facilities

and locations:

GENERAL MILLS

PO Box 1113, Minneapolis, MN

GENERAL MILLS GREEN GIANT

915 E Pleasant St, Belvidere, IL

THE PILLSBURY CO

2089 Pillsbury Dr, Geneva, IL

www.pillsbury.com

PRAIRIE FARMS DAIRY INC

1100 Broadway St # 560, Carlinville, IL

www.prairiefarms.com

MULLER PINEHURST DAIRY

2110 Ogilby Rd # 299, Rockford, IL

PRAIRIE FARMS DAIRY INC

400 Hwy 50 W, O Fallon, IL

PRAIRIE FARMS DAIRY INC

2004 N University St # 609, Peoria, IL

PRAIRIE FARMS DAIRY INC

742 N Illinois Ave, Carbondale, IL

PRAIRIE FARMS DAIRY INC

757 N Morgan St # 650, Decatur, IL

PRAIRIE FARMS DAIRY INC

1800 Adams St, Granite City, IL

PRAIRIE FARMS DAIRY INC

305 N 18th St, Quincy, IL

PRAIRIE FARMS DAIRY INC

217 W Main St, Olney, IL

GREAT KITCHENS INC

300 Innovation Dr, Romeoville, IL

www.gkitchens.com

HEINKEL'S PACKING CO INC

2005 N 22nd St, Decatur, IL

HIDDEN VALLEY

MANUFACTURING CO

1197 Willis Ave, Wheeling, IL

HOLTEN MEAT INC

1682 Sauget Business Blvd, Sauget, IL

www.holtenmeat.com

INSIGHT BEVERAGES

635 Oakwood Rd, Lake Zurich, IL

JELLY BELLY CANDY CO

1501 Morrow Ave, North Chicago, IL

www.jellybelly.com

KAPPA PRODUCTS CORP

1301 E 99th St, Chicago, IL

KRAFT FOODS GLOBAL INC

3 Lakes Dr, Northfield, IL

www.kraftfoodscompany.com

Other Kraft Foods facilities

and locations:

KOOL-AID/KRAFT FOODS

7400 S Rockwell, Chicago, IL

KRAFT FOODS INC

1701 W Bradley Ave, Champaign, IL

KRAFT/CLAUSSEN PICKLE CO INC

1300 Claussen Dr, Woodstock, IL

(continued on next page)

20

Constellation NewEnergy — Serving over 14,000 commercial & industrial customers

We salute our IMA member food and food-related This list includes current IMA members through April 15, 2010

LITTLE LADY FOODS

2323 Pratt Blvd, Elk Grove Village, IL

www.littleladyfoods.com

MARS PETCARE US INC

6565 E County Rd 1000 N, Mattoon, IL

www.mars.com/global/index.aspx

MILLER COORS

3939 W Highland Blvd, Milwaukee, WI

www.millercoors.com/Home.aspx

ED MINIAT INC

945 W 38th St, Chicago, IL

www.miniat.com

NESTLE USA/BEVERAGE DIVISION

1111 Carnation Dr, Jacksonville, IL

NIELSEN-MASSEY VANILLAS INC

1550 S Shields Dr, Waukegan, IL

www.nielsenmassey.com

NOON HOUR FOOD PRODUCTS INC

215 N Desplaines St, Chicago, IL

O S I INDUSTRIES LLC

1225 Corporate Blvd, Aurora, IL

www.osigroup.com/americas/otto/

Other OSI Industries facilities

and locations:

NATION PIZZA PRODUCTS

2491 N Milwaukee Ave, Chicago, IL

www.nationpizza.com

OTTO & SONS

711 Industrial Dr, West Chicago, IL

OTTO & SONS INC

4545 S Racine Ave, Chicago, IL

OAK STATE PRODUCTS INC

775 St Rte 251, Wenona, IL

www.oakstate.com

P C S PHOSPHATE CO INC

2660 E US Hwy 6, Marseilles, IL

PEER FOODS INC

1200 W 35th St, Ste 5 E, Chicago, IL

www.peerfoods.com

PEPPERIDGE FARM INC

230 2nd St, Downers Grove, IL

www.pepperidgefarm.com

JOHN B SANFILIPPO & SON INC

1703 N Randall Rd, Elgin, IL

www.fishernuts.com/jbss/home.html

SIEMER MILLING CO

111 W Main St, Teutopolis, IL

siemermilling.com

SOKOL & CO

5315 Dansher Rd, Countryside, IL

www.solofoods.com

STEWARTS PRIVATE BLEND FOODS

4110 W Wrightwood Ave, Chicago, IL

www.stewarts.com

TATE & LYLE NORTH AMERICA

2200 E Eldorado St, Decatur, IL

www.tateandlyle.com

TOLL PACKAGING GROUP LLC

310 W 10th St, Gibson City, IL

www.tollpackaging.com/index.html

TYSON FOODS INC

2210 W Oaklawn Dr, Springdale, AR

www.tyson.com

Other Tyson facilities and locations:

BRUSS CO

3548 N Kostner Ave, Chicago, IL

www.bruss.com

CHICAGO/CULINARY COMPLEX

4201 S Ashland Ave, Chicago, IL

GENESEO

PRODUCTS/JOSLIN–TCCS

Hwy 92, Geneseo, IL

UNILEVER BESTFOODS

2200 Cabot Dr; Ste 200, Lisle, IL

unilever.com

Other Unilever Bestfoods

facilities and locations:

UNILEVER BESTFOODS

2816 S Kilbourn Ave, Chicago, IL

V & V SUPREMO FOODS INC

2141 S Throop St, Chicago, IL

www.vvsupremo.com

VANEE FOODS CO

5418 Mcdermott Dr, Berkeley, IL

www.vaneefoods.com

VEGETABLE JUICES INC

7400 S Narragansett Ave, Bedford Park, IL

www.vegetablejuices.com

WORLD'S FINEST CHOCOLATE INC

4801 S Lawndale Ave, Chicago, IL

www.worldsfinestchocolate.com

manufacturers . . .

S alvatore Ferrara came to America from Nola, Italy, in1900 and founded Ferrara Pan Candy Company in 1908in Chicago, Illinois. At the time of his immigration from

Italy, Mr. Ferrara was skilled in the art of making Italian pas-tries and sugar coated candy almonds. Sugar coated candyalmonds, otherwise known as “confetti,” continues to be a tra-dition at Italian weddings.By 1904, Salvatore Ferrara had become proficient in the

English language. Since he was fluent in both English andItalian, the Santa Fe Railroad hired him as an interpreterbetween crews and their foreman. He worked at the Santa FeRailroad for four years. In 1908 he came to Chicago and openeda retail pastry and confection shop. From 1908 to 1919 the sugarcoated almond business experienced substantial growth and Mr.Ferrara was shipping to an extensive market in the Midwest.In 1919, Salvatore Ferrara, Salvatore Buffardi and Anello

Pagano, brothers-in-law, formed a partnership to engage in themanufacturing of a wide variety of confections. Upon the for-mation of the partnership, they had constructed a manufacturingfacility located at 2200 West Taylor Street in the City of Chicago.This is the same site in which the original Ferrara Bakery is stilllocated. The same families, Ferrara, Buffardi and Pagano, con-tinue to own and manage the Ferrara Pan Candy Company.The word “pan” in the company name indicates that some

of the candy made is “panned.” This process involves buildingcandy pieces from single units, such as grains of sugar, nuts orcandy centers, tossing them in revolving pans while addingthe flavor, color and other candy ingredients. This processcontinues until the pieces become the desired size. Finally, thecandy gets a high polish with an edible vegetable wax, whichgives it an attractive appearance. The Ferrara Pan Candy Company is equipped with the lat-

est of automatic manufacturing and packaging equipment. Allconfections are made from the very finest of pure, wholesomeingredients and a continuous program of research is employedfor the development of new products. Visit the Ferrara PanCandy Company Web site at www.ferrarapan.com. n

21

Spotlight on IMA memberFerrara Pan Candy Company

Ferrara Pan Candy Company recently received reimbursement of funds theyspent in FY 2009 on employee training. The $9,999 came from IllinoisDepartment of Commerce and Economic Opportunity ETIP funds acquiredthrough the American Recovery and Reinvestment Act (ARRA) and admin-istered through a grant to the Illinois Manufacturers’ Association.Pictured above (l to r) are Sal Ferrara, President; Lou Pagano, VicePresident Market Development; Tom Pagano, Senior Vice President; andJim Buffardi, Chief Financial Officer.

22

rized on the Vedder Price Web sitein the March 23, 2010, issue ofVedder Price’s Employee BenefitsBriefing. Go to:www.vedderprice.com/index.cfm/fuseaction/news.home/news_current.cfmto download the publication.Permitted grandfathering ofexisting coveragePatient Protection Act:The Act contains a broad grand-

fathering provision for collectivelybargained plans and other plans ineffect on the date of enactment(March 23, 2010). As noted byPresident Obama in The President’sProposal (February 22, 2010), thisgrandfathering provision “allows

people who like their current cover-age, to keep it.”• A plan may provide that individu-als who are covered on the datethe Patient Protection Actbecomes law (March 23, 2010)can continue coverage under theplan generally without regard tothe requirements of the Act.

• Family members may enroll in thegrandfathered plan in the future iffamily coverage was permittedunder the terms of the plan as ineffect on March 23, 2010.

• New employees may join thegrandfathered plan in the future ifthe plan permitted new employ-ees to join on March 23, 2010.

• Plans in effect pursuant to a col-lective bargaining agreementthat was ratified prior to March23, 2010 may remain in effectwithout change (including inter-

im requirements applicable toother grandfathered plans) untilthe collective bargaining agree-ment expires.The Act requires grandfathered

plans, other than collectively bar-gained plans, to comply with certainprovisions of the Act when thoserequirements would otherwiseapply. The requirements that applyto grandfathered plans are:• No lifetime limits (2011)• Restrictions on annual limits(2011)

• Restrictions on coverage rescis-sions (2011)

• Extension of dependent coverageto adult children (2011)

• Uniform summary of benefits• No pre-existing condition exclu-sions for enrollees under the ageof 19 (2011)

HC REFORMCont. from page 7

EMPLOYER RELATED REVENUE PROVISIONS

Excise Tax on Cadillac Plans

(2018)

A 40 percent excise tax will be imposed on the value of medical coverage above $10,200 for single participants and $27,500 for

family coverage.

Insurers will be responsible for paying the excise tax on insured plans. Employers will be responsible for paying the excise tax on

self-insured plans.

The $10,200/$27,500 limitations are increased for employees in certain high-risk professions (e.g., law enforcement, fire protec-

tion, emergency medical care, construction, mining, agriculture, forestry and fishing) and for participants in the 17 highest-cost

states as determined by HHS.

Beginning in 2019, the dollar limits will be increased by the medical cost of living adjustments provided for under the Act.

The medical coverage being measured is the coverage that is excludable from the employee’s gross income, and is determined

without regard to whether the employer or employee is paying for the coverage. The value of the coverage is to be determined in a

manner similar to how COBRA premiums are determined.

Thresholds are adjusted for firms whose health costs are higher due to age or gender of workers.

Free-standing dental and vision benefits are not counted as taxable benefits for purposes of the excise tax.

Medicare Part D

Employer Subsidy (2013)

Provides that the amount otherwise allowable as a deduction for retiree prescription drug expenses is reduced by the amount of

the non-taxable subsidy payment received.

Note: This change effectively makes Medicare Part D employer subsidies taxable to the employer, thus increasing the cost of pro-

viding retiree prescription drug coverage.

Per-Head Fee (2012) Both insured plans and self-insured plans will be charged a $2 fee for each plan year ending after September 30, 2012 ($1 for

plan years ending during fiscal year 2013) times the average number of covered lives under the plan.

Beginning in 2014, this per-head charge will be increased by the percentage increase in health care spending. The per-head

charge will not apply to plan years ending after September 30, 2019.

These fees will be used to fund a “Patient-Centered Outcomes Research Trust Fund.”

Medicare Tax Changes (2013) Although neither the Patient Protection Act nor the Reconciliation Bill impose additional Medicare taxes directly on employers,

these additional taxes will affect tax withholding and reporting obligations for certain employees, and thus are important additional

provisions for employers to be aware of.

The Patient Protection Act adds an additional Medicare tax of 0.9% to an employee’s Medicare wages in excess of $250,000 (mar-

ried filing jointly) or $200,000 (individual). Unlike regular FICA and Medicare taxes, this additional Medicare tax is imposed solely

on the employee. However, employers will have withholding obligations with respect to Medicare wages exceeding $200,000 dur-

ing each year.

In addition to the 0.9% Medicare tax described above, the Reconciliation Bill imposes a 3.8% Medicare tax on “unearned income”

for employees whose adjusted gross income exceeds $250,000 (married filing jointly) or $200,000 (individual). Unearned income

includes interest, dividends, annuities, royalties, certain rents, certain trade or business income, and net taxable gains on the sale

of certain property. The additional Medicare tax will be imposed generally on the employee’s unearned income or, if less, the

amount by which the employee’s adjusted gross income exceeds the applicable $250,000/$200,000 threshold. This additional

Medicare tax is imposed solely on the employee.

see HC REFORM page 23

• No pre-existing condition exclu-sions for enrollees of any age(2014)

• Maximum waiting period is 90days (2014)

Limits on medical FSAsBeginning in 2011, over-the-

counter drugs will no longer bereimbursed under FSAs. Beginningin 2013, Employees may contributeonly up to $2,500 to a medical FSAeach year. This limit may increase in$50 increments based on cost-of-liv-ing increases beginning in 2014. Increase in penalty for non-qualified distributions from HSAs and Archer MSAsBeginning in 2011, the excise tax

imposed on non-qualified distribu-tions from HSAs and Archer MSAs(i.e., distributions used for non-med-ical purposes before age 65 or dis-ability) is increased to 20 percent.

Reporting cost of employer-sponsored coverage on W-2sBeginning in 2011, the aggregate

cost of applicable employer-sponsoredcoverage must be reported annuallyon the employee’s Form W-2. Thisrequirement will affect 2011 W-2s sentto employees on January 2012.Reinsurance for early retireesWithin 90 days of enactment (i.e.,

by June 23, 2010), HHS is directed toestablish a reinsurance program forsponsors of retiree medical programscovering retirees who are 55 or olderand not yet eligible for Medicare.• An employer participating in thereinsurance program may be eli-gible to be reimbursed for up to80% of expenses incurred on amedical claim between $15,000and $90,000.

• Payments received by employersunder the program are not con-sidered taxable income to theemployer, but must be used toreduce costs under the plan.

• The program has a fixed $5 bil-lion fund and will end onJanuary 1, 2014.

Note: The legislative languageregarding this reinsurance program

leaves significant details of the pro-gram to be developed.

2014 requirementsOnce the Patient Protection Act

provisions are fully implemented(which is generally 2014), otherrequirements will apply. Please referto the March 23, 2010, issue ofVedder Price’s Employee BenefitsBriefing. Visitwww.vedderprice.com/index.cfm/fuseaction/news.home/news_current.cfmto download the publication.

Revenue provisionsThe Patient Protection Act con-

tains numerous revenue provisions,some affecting individuals, othersaffecting medical device manufactur-ers, others affecting services (e.g.,indoor sun tanning). The chart onpage 20 summarizes revenue provi-sions that will have a direct impacton employers generally.

If you have any questions regard-ing this issue, please contact eitherof the authors of this article. (Seethe bottom of page 7 for contactinformation.) n

23

HC REFORMCont. from page 22

24

Member News

Illinois businesses, consumer groups and others launch the Illinois Coalition forChemical SafetyIllinois businesses, unions, con-

sumer groups and other organiza-tions, including the IllinoisManufacturers’ Association, theIllinois Chamber of Commerce andthe Illinois Mechanical Contractorsrecently announced the launch ofthe Illinois Coalition for ChemicalSafety (ICCS). This non-profit, non-partisan group has joined together tosupport modernization of ournation’s system for regulating theuse of chemicals. “We’re excited to be part of this

important effort,” said Mark Denzler,of the Illinois Manufacturers’Association and a member of ICCS.“Modernizing the federal law regu-lating chemicals is important for thesafety of all Americans, whether athome, school, or in the workplace.”“The federal Toxic Substances

Control Act (TSCA) is more than 30years old,” said Mark Biel, ExecutiveDirector of the Chemical IndustryCouncil of Illinois. “Our ability toassess chemical risks has advancedtremendously since then, and ournation’s laws should reflect improve-ments in science and technology.”ICCS will be building its member-

ship and educating the public andelected officials about the importanceof a strong, innovative, properly reg-ulated chemical industry. The organi-zation supports a national chemicalsafety regulatory system that protectspublic health and the environment,provides consistent, reasonable regu-lation and consistent protection, andencourages American companies,including small businesses, to invent,manufacture, use and sell innovativechemical-based products and services. With an improved chemicalregulatory system, American indus-tries will be better able to create andsupport high-quality jobs. The ICCS is affiliated with the

national Coalition for ChemicalSafety, which is based in Washing -ton, D.C. Included among the mem-bers of the national Coalition is theAmerican Chemistry Council (ACC).

The Coalition for Chemical Safetycan be found on the Web atwww.coalitionforchemsafety.com.

n n n

Copresco wins Gallery ofExcellence printing awardsCopresco has been honored with

more awards for exceptional printingquality from the Gallery ofExcellence of the InternationalAssociation of Printing HouseCraftsmen (IAPHC). In competitionwith printers around the globe, theCarol Stream digital printer was hon-ored with a gold award for a four-color, hardcover children’s book, anda silver award for a full-color corpo-rate-identity manual. The company’snewsletter, Overnight Lite, receivedan honorable mention award.“This recognition for digital print-

ing craftsmanship on such a vastglobal basis is something very spe-cial,” said Copresco President andCEO Steve Johnson. “Personal crafts-manship has always been a trade-mark for all the work we do for ourcustomers.” Copresco specializes indigital on-demand printing of publica-tions, books and manuals for clientsin the general business, printing trade,technical and institutional fields.

n n n

Owens-Illinois, Inc. electsRadhika Batra as vice president and chief procurement officerConsumer products company

Owens-Illinois, Inc. recently report-ed the appointment of Radhika Batraas vice president and chief procure-ment officer of the company.Batra, in her new role, will lead

the company’s global strategic sourc-ing function and drive synergiesacross the regional operations tomaximize buying power.Most recently, Batra was

employed with Solutia Inc, whereshe served as vice president of busi-ness process in the CPFilms seg-ment. She previously served as vicepresident of supply chain and globalprocurement at the company.

n n n

United Engravers wins 2010FPPA Sustainability Award

United Engravers received the2010 Sustainability AchievementAward from The Flexographic Pre-Press Platemakers Association(FPPA) at its annual convention inFebruary in Fort Myers, Florida. Theaward recognizes the application ofenvironmental sustainability efforts,which contribute to the advance-ment of the pre-press, platemakingindustry. Representatives from eachcompeting company presented theirrespective sustainable measurespracticed in 2009. FPPA membersvoted United Engravers to be therecipient of the award. United Engravers purchased 25

percent wind energy in Fall of 2009.Green-e energy uses renewablesources that produce little to nogreenhouse gas emissions. The cur-rent average mix of energy sourcessupplying the USA includes only twopercent of renewable energy. Unitedis considering the option to utilize100 percent wind energy in thefuture. From 25-100 percent, windenergy benefits the environment byproducing less gas emissions. In an effort to utilize sustainable

materials, United Engravers incorpo-rated green practices in its recentrenovation. While adding offices tothe previously vacant second level,United picked out cabinets certifiedthrough the Kitchen CabinetManufacturers Association’s (KCMA)Environmental Stewardship Program(ESP). In purchasing wood cabinets,United chose a recyclable andbiodegradable product that uses less

Terry Cappas, Vice-President (left) and PeterCappas, President (right) of UnitedEngravers with the FPPA SustainabilityAward standing in front of the 52” by 110”MacDermid Liquid Photopolymer Machine.

energy to process than other materi-als, such as plastic or metal. Recycled material was also used

in the upstairs renovation. The ceil-ing tiles were processed with 50percent recycled material, and halfof the carpet base uses recycledmaterial. United also purchasedmotion sensor faucets and air-assisttoilets, in an effort to reduce waterconsumption.Green efforts are ongoing at

United Engravers. Future steps mayinclude purchasing a larger quantityof wind power, as well as takingadditional measures to lessen thecompany’s carbon footprint.

n n n

Bison Gear celebrates 50 years of excellence Gearmotor manufacturer looks toskills training, R&D and customerfocus to continue successfulAmerican manufacturing legacy. In January, over 200 employees

of Bison Gear & Engineering Corp.gathered to celebrate the 50thanniversary of the founding of theSt. Charles, Illinois, headquarteredgearmotor manufacturer. Bison wasestablished in 1960 by three Chicagoarea entrepreneurs who derived thecompany’s name from their last ini-tials of B-S-N. The company beganas a producer of gears and todaymanufactures gearmotors, electricmotors and gear reducers for hun-dreds of customers ranging fromsuccessful entrepreneurial OEMs tomany multinational industrial andcommercial equipment OEMs. Asone example of its success, Bisongearmotors are used in a wide vari-ety of food service equipment foundin virtually every fast food establish-ment throughout the world. “While Bison’s continuous growth

and development have been drivenby our many loyal customers, towhom we are very thankful, itwould not have been possible with-out the commitment to excellencethat has driven our associates nowfor half a century,” said Ron Bullock,Bison chairman and owner. “Goingforward, Bison’s strong focus on

skills training and research anddevelopment will ensure our nexthalf century of success as anAmerican manufacturer.”Beginning as a producer of gears

and designer of custom gear reducers,by the late 1960s Bison’s engineeringexpertise, quality systems and produc-tion controls were instrumental inBison winning a contract to supplycritical gear sets for use in surface toair missiles. Bison’s continuousimprovement efforts maintain thatrelationship through three generationsof missile systems. By the 1970s Bisonhad designed a line of standard gearreducers and gearmotors sold throughnational distribution.

n n n

Schaumburg manufactureremerges as Great Lakesregional finalist for U.S.Chamber of CommerceDREAM BIG Small Businessof the Year AwardQuality Float Works, Inc. will sharepotential $10,000 cash prize withemployeesComing

off the recentannounce-ment the U.S.Chamber ofCommercehad recog-nized QualityFloat Works,Inc. with a2010 “SmallBusiness Blue Ribbon Award,” thelocal family-owned manufacturingcompany has emerged from a toughgroup of competitors to be namedone of seven finalists for the“DREAM BIG Small Business of theYear Award.” This Awards programis designed to honor our nation’s jobcreators and recognize their signifi-cant contributions as drivers of eco-nomic growth. The winner of theDREAM BIG Award will receive a$10,000 cash prize courtesy of Sam’sClub. Should they win, Quality FloatWorks, Inc. plans to give the money

to their employees as a ‘thank you’for their continued hard work anddedication during the recent tougheconomic times.“It’s an honor to be recognized

for our achievements in providingour quality products worldwide toour customers, especially comingout of a tumultuous year for ourindustry” said Jason Speer, VicePresident and General Manager,Quality Float Works, Inc. “I am a concept without my

employees,” said Sandra Westlund-Deenihan, President and DesignEngineer of Quality Float Works, Inc.“I’d love to reward them with not onlythe honor, but also the prize money.”The 2010 finalists were selected

from the U.S. Chamber’s 75 BlueRibbon Small Business Award® win-ners who were chosen based onfinancial performance and businesshistory, staff training and motivation,community involvement, communityservice and business plan or strategyfor growth. Quality Float Works, Inc.,has grown into a global competitorexporting to Canada, Latin Americaand countless Asian and Europeancountries. This award represents thecontinued strides the company hasmade in innovation and unparalleledservice in the manufacturing industry.“These finalists are among the

best small businesses in America,”said Thomas J. Donohue, the U.S.Chamber’s president and CEO.“They are the nation’s doers, dream-ers, and innovators. Their vision andhard work will help lift this countryout of recession and create the 20million jobs we desperately need inthe next decade.”IMA member Quality Float

Works, Inc. is the premier manufac-turer of hollow float metal balls andfloat valves in the nation. QualityFloat Works, Inc. is owned andoperated by third and fourth genera-tion entrepreneurs. To learn moreabout Quality Float Works, Inc., visitwww.metalfloat.com.

n n n

25

The Illinois Manufacturer is underwritten by Constellation NewEnergy

Member News

see MEMBER NEWS page 26

Sandra Westlund-Deenihan

26

Constellation NewEnergy — The leading electricity supplier for businesses in Illinois and throughout North America

Plante & Moran named toFORTUNE magazine’s list of “100 Best Companies to Work For” for 12th consecutive year Celebrating 86 years of history and a dozen years as one of thenation’s best places to work.Plante & Moran, PLLC, the

nation’s 12th largest certified publicaccounting and business advisoryfirm, has been named to FORTUNEMagazine’s list of “100 BestCompanies to Work For” for the12th consecutive year. The full list,which ranks Plante & Moran 66th,appeared in the February 8 issue ofFORTUNE magazine.“We are truly honored that FOR-

TUNE has continued to recognizePlante & Moran as one of the ‘100Best Companies to Work For’ fortwelve years,” said Managing PartnerGordon Krater. “Considering theaverage life cycle for an organizationon the list is three years, our recur-

ring presence is evidence that ourteam has created a truly unique andextraordinary work environment.Plante & Moran doesn’t take this

honor for granted,” Krater added.Two-thirds of FORTUNE’s judgingcriteria is based on confidential sur-veys in which staff evaluate thecredibility, respect, fairness, pride,and camaraderie of their workplace.In 2010, Plante & Moran’s surveypercentages improved in each of thefive categories.Krater said Plante & Moran strives

to be 100 percent jerk-free, whichallows the firm to find and retain tal-ented staff who provide quality serv-ice to its clients. “I speak for ourstaff in Michigan, Ohio, Illinois,Monterrey, Shanghai, and Mumbaiwhen I say we are very excited tobe recognized for our culture. Itproves that wherever we are, practic-ing the golden rule and treating ourclients and each other the way we’dwant to be treated, is a timelessvalue that has served us well for 86years.”In the 12 years since Plante &

Moran first appeared on the FOR-TUNE list, the firm has more thantripled its revenue and has nearly

doubled its staff, all while maintain-ing a culture that promotes staffdevelopment, retention, and focuson client service. The result is lowerturnover, which promotes unparal-leled longevity and trust and drivesexceptional client results.

n n n

MEMBER NEWSCont. from page 25

Get recognized for your green commitmentReducing your energy usage by a

significant percentage demonstratesa real commitment to sustainability.And, when you offset your energyusage — partially or fully — withrenewable energy certificates or on-site solar generation, you will bewell on your way to developing areputation as a green organization.That should motivate your variousstakeholders, from employees tocustomers, and give you a marketingadvantage over organizations thattake less comprehensive approachesto sustainability.

Efficiency + solar = real progressIf you want to make the biggest

impact on your sustainability goals,

pair multiple efficiency improve-ments with an on-site solar array.Some of our customers have beenable to meet as much as 75 percentof their facilities’ electricity demandswith an on-site solar installation.Combine that with double digit effi-ciency savings and your facilitymight be able to achieve net zeroenergy usage — the holy grail ofsustainability. Given thatConstellation Energy enables you todeploy solar at no upfront costwhen you agree to buy back all thepower from the system at rates thatare often below brown power gridprices, what is stopping you fromsetting your goal at net zero?

Find the right energy partnerThe key to a multi-solution

approach is working with a multi-solution energy partner likeConstellation Energy. The best ener-gy services companies handle tradi-tional energy efficiency and infra-

structure projects, of course, but alsothe construction, financing, owner-ship and maintenance of renewablesystems. You should also be able towork with the same provider to par-ticipate in demand response pro-grams and to procure electricity, gasand renewable energy certificates. If your energy partner can’t pro-

vide an integrated suite of productsand services, implementing a com-prehensive energy strategy will bemore complicated and probablyless effective.

Organizations interested in takinga multi-solution energy efficiencyapproach can contact Constella -tion Energy at Sustainable-Solutions@constellation.com or 1-866-237-POWER. n

SUSTAINABILITYCont. from page 11

Advertiser Index

Constellation NewEnergy

........................12 & bc

Heritage-Crystal

Clean, LLC ..................8

InsureLinx ...................ibc

RSM McGladrey................5

Safety Meeting

Outlines ...................ifc

Vedder Price, PC............23

27

ing mandatory nanomaterial healtheffects testing under the TSCA.42 TheEPA believes that this new mandato-ry nano-related testing will “assistthe EPA in understanding the healtheffects” of these materials and mini-mize the potential risks they maypose.43 This health effects testingwould extend beyond CNTs, tonano-sized clays and alumina.44 TheEPA hopes to promulgate the newtest rule by November 2010.45

The EPA’s agenda also includesissuing new reporting requirementsfor certain nanoscale materials underSection 8 of the TSCA.46 The newreporting requirements would man-date that manufacturers submit allexisting data on the environmentaland health effects of nanoscalematerials to the EPA for evaluation.47

Which nanoscale materials would besubsumed into these reportingrequirements is not yet known; but,what is known (or is suspected) isthat the requirements will be broadand hold the potential to be expand-ed over time. These new SNURs,mandatory testing, and reportingrequirements signal that the EPAintends to lay a massive foundationto take control of managing and reg-ulating nanomaterials.A recent report out of the United

Kingdom indicates that nanotechnol-ogy concerns and potential regula-tions are not limited to the bordersof the United States. Instead, theymay take hold on a global scale. TheUnited Kingdom report stated thatalthough the benefits of nanotech-nology may be great and ultimatelyrevolutionize the food industry, thesecrecy that often surrounds nan-otechnology (especially as it relatesto food packaging) may lead to apublic backlash similar to the back-lash encountered by the manufactur-ers of genetically modified food inthe European Union.48 The report,issued by the United Kingdom’sHouse of Lords Science andTechnology Committee, recognizedthe great potential and impact thatnano-packaging could have on theglobal marketplace both economical-ly and for consumers.49 The reportstated that “[t]he use of nanotech-nologies in food and food packagingis likely to grow significantly over

the next decade. The technologieshave the potential to deliver somesignificant benefits to consumers butit is important that detailed and thor-ough research into potential healthand safety implications in this area isundertaken now to ensure that anypossible risks are identified.”50

The food packaging industryresponded that this alleged “secrecy”was due to high costs and supplychain concerns, not to concealresearch due to fears of public back-lash.51 Although the benefits of nan-otechnology for the food packagingindustry may be great — i.e. technol-ogy that senses when food hasspoiled — the industry is slowly inte-grating such technology into theirfinal products because they are wait-ing for someone else to take on thehigh costs and essentially make thefirst move.52 The technology is there.The final missing link is the actualimplementation of nanotechnologyinto this vast marketplace that is thefood packaging industry.53 Even still,the report went on to state that “[t]hescience needs to be promoted in aneffective way and concerns need tobe addressed through regulatory test-ing regimes” — a regulatory regimethat would monitor and assess newdevelopments.54

The United States and the UnitedKingdom are just two of the coun-tries trying to get in front of nan-otechnology to ensure that healthand safety concerns are addressedbefore it is integrated into industriesand the economic benefits begin tobe realized on something other thana nanoscale. With nanotechnology inits infant stages, its effects greatlyunknown, and its vast economicpotential, it is an area ripe for bothregulation and litigation.References1. See Ronald C. Wernette, The Dawn

of the Age of Mass Nanotorts, 7 ABASEC. OF LITIG., MASS TORTSLITIG. COMMITTEE 1, 1(2009).

2. Id. at 18.3. Id. at 1.4. Jon C. Ogg, Is Nanotechnology the

Next Asbestos?, May 20, 2008, avail-able at http://247wallst.com/2008/05/20/is-nanotechnolo/.

5. See Wernette, The Dawn of the Ageof Mass Nanotorts.

6. Id. at 18.7. Id.8. Jon C. Ogg, Is Nanotechnology the

Next Asbestos?, May 20, 2008, avail-able at http://247wallst.com/2008/05/20/is-nanotechnolo/.

9. Id.10. Id.11. Id.12. Id.13. Id. at 18-19.14. See Health Care Nanoscience:

Regulation by Litigation, Mar. 20,2009, available at www.law360.com.

15. See Ogg, Is Nanotechnology theNext Asbestos?.

16. Katie Bird, Exposure to nano titani-um dioxide could up cancer risk, saysstudy, Nov. 18, 2009, available athttp://www.foodnavigator.com/con-tent/view/print/267967.

17. Id.18. Id.19. Id.20. Id.21. Id.22. Regulation by Litigation.23. Id.24. See Wernette, The Dawn of the Age

of Mass Nanotorts at 20-22.25. Id.26. Id.27. Id.28. Id.29. Id.30. Id.31. Id.32. Caroline Scott Thomas, FDA: We

Can Handle Nanotech Safety, June8, 2009, available athttp://www.foodproductiondaily.com/Quality-Safety/FDA-we-can-han-dle-nanotech-safety.

33. Id.34. Id.35. Id.36. Orlyn O. Lockard, III and C. Max

Zygmont, EPA Trend TowardNanomaterial RegulationAccelerates, Dec. 17, 2009 availableat http://www.alston.com.

37. Id.38. Id.39. Id.40. Id.41. Id.42. See EPA’s Semiannual Regulatory

Agenda, released December 7, 2009,available at http://www.regula-tions.gov/

43. Id.44. See Lockard and Zygmont, EPA

Trend Toward NanomaterialRegulation Accelerates.

45. Id.46. Id.47. Id.48. Rory Harrington, Food Packaging

Sector Response to NanotechCriticism, Jan. 13, 2010 available athttp://www.foodnavigator.com/con-tent/view/print/273532.

49. Id.50. Id.51. Id.52. Id.53. Id. n

NANOTECHNOLOGYCont. from page 14

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Constellation NewEnergy — The leading electricity supplier for businesses in Illinois and throughout North America

to appropriately respond, andindeed survive in the event of arecall. Regardless of whether it is anational recall of peanut products,or a local or regional recall of spe-cific lot numbers of a processedfood, product recall has costly con-sequences for food manufacturersand processors. These consequencescan be categorized into two differenttypes of risks, first party and thirdparty. Both of these risks can haveshort and long term costs associatedwith them.A first party risk or exposure is

one that is incurred directly by thefood processor or manufacturer whomust recall a product. Initial costsassociated with a recall can be sig-nificant, but there are also long termcosts critical to a manufacturers’ suc-cessful recovery following a recall.Out of pocket expenses necessary toimplement and successfully survivea product recall can include:

Product recall presents a thirdparty exposure that to a certainextent is out of the control of thetypical food manufacturer or proces-sor. Third party exposures are lossesincurred by a customer of a food

manufacturer or processor, as a resultof a recall caused by the food manu-facturer or processor. These lossescan include the customer’s recallexpenses, lost profits, extra expensesand even losses affecting other prod-ucts sold by the customer. The recallof any food ingredient will affect thefinished food product, and potentiallyall of the processors involved.

How to manage the riskFood processors and manufactur-

ers have a unique exposure to prod-uct recall because of the potentialharm their products can cause. Keyto managing this risk is understand-ing what is, and is not coveredunder typical general liability poli-cies. Essential to successfully surviv-ing a product recall is a risk man-agement plan. A well designed riskmanagement plan will include risktransfer techniques and crisis man-agement. Risk transfer is purchasingan insurance policy to cover thecosts associated with a recall. Crisismanagement involves the internalplanning and training to quickly mit-igate losses and recover.

Risk transferThe cost of a product recall could

be hundreds of thousands if not mil-lions of dollars. Few food processorsor manufacturers could survive afinancial catastrophe of this nature.One of the best and most affordablerisk transfer techniques is to pur-chase Product Recall orContamination and MaliciousTampering insurance. There arehowever major differences amongthe policies offered by the variousinsurance companies, what eventscan trigger coverage and what iscovered. In an attempt to meet thegrowing demand and specific needsof food processors and manufactur-ers, insurance companies haverecently expanded and enhancedpolicies to offer broader coverage.

Product recall vs. product liability A common misconception is that

Product Recall is included in a stan-dard ISO Commercial GeneralLiability policy. While the standardISO Commercial General Liabilitypolicy does provide coverage forbodily injury caused by the insured’s

products, the policy excludes cover-age for product recalls. The ISOCommercial General Liability policyexcludes “damages claimed for anyloss, cost or expense incurred byyou or others for loss of use, with-drawal, recall, inspection, repair,replacement, adjustment, removal ordisposal of your product, or yourimpaired property.”

Product contamination and malicioustampering policy vs. product recall Products Contamination and

Malicious Tampering insurance is alsoknown as an Accidental Contamina -tion and Malicious Tampering Policy.This type of policy is normally target-ed towards food and beverage manu-facturers, distributors and retailers.The primary purpose of a ProductsContamination policy is to provide avariety of critical first party coveragesaddressing the expenses an insuredmight be forced to incur should aproduct be tampered with or contam-inated. The incurred expenses mustbe the result of a covered productbeing maliciously tampered with orthe result of an accidental contamina-tion. The policy coverage is normallytriggered by an actual or suspectedaccidental contamination or malicioustampering, that has the potential tocause or has caused bodily injury orproperty damage. Most insurancecompanies who provide ProductContamination Insurance include cov-erage for: Product Recall Expenses(first and third party); ProductReplacement; Extra Ex penses; Loss ofProfits; Product RehabilitationExpenses; and Fees or Expenses of aSpecialist or Consultant. Product Recall insurance policies

are different from Product Contamin -ation policies in two major ways.Primarily, the Product Recall policy istriggered by the recall or withdrawalfrom the market place of a product.This recall can be due to a defectiveor malfunctioning product that hasthe potential or already has causedbodily injury or property damage.Coverage under a Product Recall pol-icy is not triggered by the contamina-tion of a product. It is important toalso note that under a Product Recallpolicy products still in the insuredpossession, housed at the insured’s

FOOD SAFETYCont. from page 15

INITIAL RECALL EXPENSE:

Employee overtime

Media, communication

Product testing, destruction

and disposal

Public relations, crises management

or consulting fees

REPLACEMENT COSTS:

Materials, labor and overhead direct-

ly related to reproducing product

that had to be recalled and or

destroyed.

LOST PROFITS:

Profits lost as a result of products

recalled

Future profits lost as a result of

declined sales

BRAND REHABILITATION:

Consumer education and advertising

Promotional or price reduction

campaigns

see FOOD SAFETY page 29

location, and not shipped yet, wouldnot be covered, as the product hasnot been recalled. Secondly, ProductRecall policies limit the first partylosses to recall expenses and therepair, replacement or refund of theproduct. Normally the basic ProductRecall policy does not provide cover-age for any first party loss of profitsor extra expenses. Most Product Contamination and

Malicious Tampering policies arebroken into three main sections.Section I addresses Malicious Pro ductTampering. Section II addressesAccidental Product Contamination.Section III is normally a GeneralTerms and Conditions section thatapplies to both Section I and SectionII. Each policy section should clearlydefine covered recall expenses aswell as excluded events or expenses.

Enhancement endorsements The basic Product Recall and

Contamination and MaliciousTampering policy offers a widerange of coverage that will help miti-gate the costs associated with a recallof a contaminated or tampered prod-uct. In recent years several new cov-erages have become more readilyavailable. These new coverages haveexpanded what was already a broadpolicy. Many insurance companiesare now providing third party recallcoverage that goes beyond thirdparty recall expenses. These thirdparty enhancements can now in -clude: loss of profits, rehabilitationexpenses, compensatory damagesand defense costs. Insurance compa-nies that offer Product Recall andContamination and Malicious Tam -pering policies offer slightly differentenhancement endorsements, so it isimportant to review all of the cover-ages and endorsements available. Adverse Publicity coverage is

intended to expand the contamina-tion section of a policy to includenot only an actual insured contami-nation event, but also adverse pub-licity for an insured event. The spe-cific wording of this coverage canvary among insurance companies.Government Recall coverage is

another important enhancement toconsider for food manufacturers andprocessors. A Contamination and

Malicious Tampering policy shouldrespond to a covered event if thegovernment orders the recall or not.The definition of contamination gen-erally requires that bodily injury orproperty damage would occur if theproduct was used. However, thepending legislation could lower thestandards the FDA uses to order arecall. A Government Recallendorsement would help bridge thisgap. Not all carriers offeringContamination and MaliciousTampering policies offer theGovernment Recall endorsement.

Crisis management planA critical factor to successfully

managing the risk of a product recallis a crisis management plan. Thisplan should be formally documentedand practiced, and include provi-sions that will allow the immediateidentification and recovery of con-taminated or tampered products. Theplan should also include communi-cation strategies to notify vendors,distributors, retailers and customers.A crisis management team should becreated, consisting of critical employ-ees and management, and outsideconsultants. Many insurance compa-nies that offer Product Recall or

Product Contamination and MaliciousTampering policies also provide cri-sis management assistance oftenthrough an outside specialist. Engaged American consumers

and the current political climate fac-tored together will likely ensure thepassage of the FDA Food SafetyModernization Act or something sim-ilar to it in the coming months.Illinois’ 1,300 food manufacturersand processors need to be aware oftheir risks, and the risks to their cus-tomers in the event of a productrecall. There is much that a foodprocessor or manufacturer can do tomanage these risks, both internallyand externally. A company’s com-mitment to quality including utilizingsuppliers who share that same com-mitment is a critical component to asuccessful risk management plan.Risk transfer through insurance,which should include crisis manage-ment assistance, will transfer therisks which cannot be financiallyabsorbed by a food processor ormanufacturer. A well designed prod-uct recall plan that includes riskmanagement, risk transfer, and crisesmanagement is key to a foodprocessor or manufacturer survivinga recalled product. n

29

FOOD SAFETYCont. from page 28

The Illinois Manufacturers’Association invites you to attend the

2010 Annual LuncheonFRIDAY, DECEMBER 3, 2010

Hotel InterContinental Grand Ballroom505 North Michigan Avenue, Chicago

See you in Chicago . . . Visit www.ima-net.org for more information.

MAY 2010May 12, 2010IMA EVENT: Defending ADA CasesDitka’s Restaurant, Two MidAmerica Plaza, Oakbrook Terrace, 8:00–11:00 amClaims brought by employees under the ADA in2010 are up 30 percent since last year. InJanuary, 2009, the ADAAA amended the ADA inways that have made it easier for employees tofile ADA lawsuits. Gregory Andrews, of Dykema,will walk attendees through the anatomy of a suc-cessful defense to an ADA case. The briefing willalso provide useful checklists to propose realisticand practical solutions to real life problems frommanufacturing-based workplaces so that the riskof lawsuits for employers can be reduced. Cost:$60 IMA members; $85 Non members

May 14, 2010IMA-MIT Event: Customer Service Skills and Exellence, DePaul University O’Hare Campus, 3166 S. River Rd., Des PlainesCustomers are more demanding today than everbefore! Complaints to Better Business Bureausand state regulatory agencies are at an all timehigh, and growing! Study after study indicatesthat World Class Customer Service will providethe most valued differentiator between yourorganization and the competition.

May 18, 2010IMA Breakfast Briefing: Social Media in theWorkplace, Ditka’s Restaurant, 7:30–10:00am, Two MidAmerica Plaza, Oakbrook TerraceEmployers must face the fact that their employ-ees do access and use social networking sitesand they likely do so at work. This presentationwill help you implement smart measures to dealwith this reality and explore some additionalaspects of the topic of social networking sites.Cost: $60 IMA members; $85 Non-members.

May 25, 2010IMA-MIT Event: Essential Leadership Skillsfor Front Line Managers and Supervisors,DePaul University O’Hare Campus, 3166 SRiver Rd., Des PlainesThis one day program will prepare your supervi-sors for a complete change of responsibilities andoffer a plan for the challenges ahead. They willcome away with a better understanding of whatthe boss, peers, staff and company expects ofthem. The invaluable set of tools in this programwill prepare supervisors for their important newrole providing greater confidence and success.

JUNE 2010June 24, 2010IMA-MIT Event: Strategic Planning and GoalSetting, DePaul University O’Hare Campus, 3166 S. River Rd, DesPlainesThe Strategic Planning and Goal SettingWorkshop aims to assist managers and teamleaders to plan strategically, set goals andobjectives for their functional team, and alignthem with actions, as well as to demonstratestrategic thinking during everyday operations.

JULY 2010July 14, 2010IMA-MIT Event: Consultative Selling Skills forSales Professionals, DePaul University O’HareCampus, 3166 S. River Rd., Des PlainesThe goal of any selling process is to earn and sus-tain a loyal and partnership-minded client basethat will keep coming back. Be ready to turn your“lean and mean” sales team into ‘customer friend-ly’ advisors your clients will trust to help themmake complex buying decisions. Participants willbe able to determine how their company’s prod-uct can provide meaningful value to a client, evenin a competitive or saturated market.

July 27, 2010IMA-MIT Event: Assertive CommunicationSkills: Communicating with Authority &Impact, DePaul University O’Hare Campus, 3166 S. River Road, Des PlainesResponding assertively is positive and effective,showing leadership skills and self-confidence.Professionals having effective assertive commu-nication skills are most often seen as trust-wor-thy, credible, direct and results-oriented. Theyare better able to generate desired outcomes.Assertive communication provides the speakingand listening skills necessary to productivelyrelate in today’s complex work environment.

AUGUST 2010August 6, 2010IMA’s Small Manufacturers CouncilDitka’s Restaurant, Rte. 83 and 22nd St.,Oak Brook, 8:15 am-12:00 noonIMA’s Small Manufacturers’ Council is a groupfocused on the unique issues and challenges fac-ing manufacturers employing fewer than 150 work-ers. The council meets four times yearly to explorecurrent and emerging business trends and hearsfrom leading experts on matters important to themanufacturing community in Illinois. Continentalbreakfast provided. Underwritten by Sikich LLP

SEPTEMBER 2010September 13-18, 2010International Manufacturing TechnologyShow 2010, McCormick Place, ChicagoRegistration for the 28th edition of TheInternational Manufacturing Technology Show —IMTS 2010 is open. IMTS is one of the largestindustrial trade shows in the world hosting morethan 92,000 manufacturing industry profession-als from 116 countries. Contact IMTS, 508-743-8535 or visit Web site: www.IMTS.com. n

IMA & MIT 2010 Calendar of events

30

Alro Steel CorporationMelrose Park, IL

Aramark Uniform Services, Inc.Downers Grove, IL

Brian Keith Advertising PLUS, Inc.Downers Grove, IL

DS&P Insurance Services, Inc.Palatine, IL

Deloitte Consulting, LLCChicago, IL

HOH GroupChicago, IL

Illinois Governmental ConsultingGroup, LLC

Chicago, IL

Infrastructure Defense TechnologiesBelvidere, IL

National Electrical ManufacturersAssociation

Rosslyn,VA

Welcome to the IMA

New IMA members

Visit http://www.ima-net.org/calendar.cfm or http://www.ima-net.org/MIT/open.cfm for information, pricing, etc., and a complete listing of IMA and IMA-MIT offerings.

The Illinois Manufacturer is underwritten by Constellation NewEnergy