REPORTA PUBLICATION OF ThE INSULATION CONTRACTORS ASSOCIATION OF AMERICA January/February 2016
Continued on page 10
home Insulation Tax Credit Extended through 2016Credit Also Applies Retroactively to 2015 Retrofit Installs
At the close of 2015, Congress signed into law with the President’s approval several tax code extensions, including continuation of Section 25c tax credit for nonbusiness energy property. So, a consumer may be eligible to take a tax credit of 10 percent of the cost of insulation
retrofits up to $500 made in 2015 and also for retrofit installs throughout 2016. Only material costs — not labor — are included in the tax credit calculation. Insulation must
have been placed in service in the taxpayer’s principal residence located in the United States from January 1, 2015 through Dec. 31, 2016, and must conform to 2009 IECC requirements. The credit is limited to a lifetime cap of $500.
Visit the ICAA “Members Only” webpage and look under Tax Incentives for more information on eligibility and tax forms for your customers.
Details and a listing of ICAA-member contractors at www.insulate.org
The ICAA Legislative Action Day in Spring will once again give ICAA members a direct connect to Congress as member contractors and suppliers visit Washington to meet with their Congressional representatives to talk about our industry on Thursday, April 7, 2016.
Join ICAA and members from across the country at the annual ICAA Legislative Action Day on Capitol Hill in Washington, D.C. All members are welcome to participate. The day’s schedule is custom developed for each member. Newcomers to this event are paired with other members for their visits to legislators, and no prior lobbying experience is necessary. Young adult children of ICAA members are also invited to share in this unique experience.
The ICAA Legislative Action Day on Capitol Hill is a unique opportunity for participants
INSIDE ThIS ISSUEPresident’s Message ......................................................................... 2New Home Energy Efficient Tax Credit Extended through 2016 .... 4Energy Efficient Commercial Buildings Deduction Reinstated ........4ICAA Webinars .................................................................................. 4Risk Management: A Peek Inside Your Company Culture ............... 8Q & A — Heat Stress ......................................................................... 9Insulators Must Post OSHA Form 300A ...........................................11
2 January | February 2016 INSULATION CONTRACTORS REPORT
Picture this. Gleaming rooftop solar panels subsidized by the feds and encouraged by state governments
threaten an insulation contractor’s take by allowing new, higher insulation requirements to be traded for solar panels. OSHA conceives untenable, burdensome federal regulations like the new Confined Spaces Rule further chipping away at our ability to perform safe and cost-effective work in attics and crawlspaces. Lawsuits from misguided consumers. Department of Transportation vehicle inspections. Department of Labor wage-and-hour inquiries. More OSHA inspections and citations.
The scene I am describing is not fiction. This is your story. This is my story. The scene represents a composite of the challenges that we currently face as individual business leaders and as an industry. Thankfully, insulation contractors and suppliers are joined together by ICAA.
ICAA provides a single voice for the industry for input and feedback on these issues and in many other areas both locally and nationally. What we cannot do separately and individually, we can do together: learn about these and other challenges, participate in the discussion, help shape the policies, and become smarter on how to succeed.
ICAA continues to be a great resource for guidance in these challenging matters. Compliance webinars and updates offered by ICAA explain what we need to do to be compliant and succeed.
The work that ICAA performs is not possible without our members. We appreciate your willingness to give your time to share expertise and insight, and we’re looking
forward to even greater participation in 2016. I invite each of our members to attend our committee meetings and become an active part of the value creation process through the association.
The ICAA Legislative Action Day on April 7, 2016, in Washington, D.C. is a great way to connect with ICAA and with the industry. Suppliers and contractors alike
should plan to descend upon Washington for this important and fulfilling mission. Our committee meetings are held the following day, Friday, April 8, from 8:00 am-12:00 noon.
Bringing our industry together to collaborate and innovate is how our industry changes. As members of ICAA, we all have the opportunity to get involved, take action, and make a difference in our industry. If you want to get involved but are not sure how, please contact us at (703) 739-0356 or [email protected] and ask. Or simply come and participate in one of our committee meeting sessions held regionally throughout the year.
I am honored and proud to be your president this year, and I look forward to meeting you.
INSULATION CONTRACTORS REPORT January | February 2016 3
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New home Energy Efficient Tax Credit Extended through 2016
The $2000 “45L” tax credit for investments in energy efficient property in new homes is reinstated for 2015 and is extended
through 2016. To qualify, builders must construct homes with annual heating and cooling energy consumption that is at least 50 percent more energy efficient than a comparable dwelling unit, and with building envelope component improvements account for at least 20% of such 50 percent.
Energy Efficient Commercial Buildings Deduction Reinstated
Section 179D tax deduction for investments in energy efficient improvements in commercial buildings was also extended throughout
2016. The tax deduction is capped at $1.80 per square foot.
The Commercial Building Tax Deduction establishes a tax deduction for expenses incurred for energy efficient building expenditures made by a building owner. The deduction is limited to $1.80 per square foot of the property, with allowances for partial deductions ($0.60 per square foot) for improvements in interior lighting, HVAC and hot water systems, and building envelope systems including insulation.
The deduction was reinstated for 2015 and continues through December 31, 2016. The legislation also modified the referenced ASHRAE standard. For projects placed in service after December 31, 2015, the 2001 edition of the ASHRAE 90.1 Standard has been replaced with the 2007 edition. Visit the ICAA “Members Only” webpage and look under Tax Incentives for more information on eligibility for your customers.
This legislative victory for the insulation industry would not have been possible without our members who continue to remind their elected representatives about the need for economic growth policies. This input is prominently provided at
ICAA online resources include eighteen recorded Webinars, perfect for lunchtime listening. Go to www.insulate.org, click on “Members Only”
and review the recorded ICAA Webinars. Topics range from contracts to labor to health and safety issues to DOT audit tips to cold weather SPF application tips.
Joe Stockdale of Covestro
the ICAA Legislative Action Day where members have the opportunity to meet with their legislators and personalize our industry’s contributions to the US economy. This year’s ICAA Legislative Action Day takes place Thursday, April 7, 2016, in Washington, D.C. Join us and participate firsthand in the political process.
INSULATION CONTRACTORS REPORT January | February 2016 5
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8 January | February 2016 INSULATION CONTRACTORS REPORT
Risk Management: A Peek Inside Your Company Culture
Risk management is often thought of as something to do, but just as importantly, it’s also something to believe. It’s a state of mind
that, when shared by everyone in an organization, can enrich the company culture and become a valuable asset to customers.
What impact does a strong culture have? When that risk management state of mind takes hold, every transaction outside the organization reinforces what the business is all about. Culture impacts business operations such as recruiting, retaining, motivating, reinventing, and continuous improvement. It is a visible representation of your company.
For example:
hiring and Retention The new generation of employees wants to understand a business and its culture enough to feel comfortable working there. They don’t want to work for just a paycheck. They want to know how their work impacts overall business results and how those results impact society. They want a connection to their company and what they accomplish through their job. Sound employment practices can play an important role in overall risk management by helping to hire and retain reliable, trustworthy workers. And, once you’ve hired the best, you certainly want them to stay. A formal retention program can benefit companies of any size, and may help persuade your star performers to become long-term employees.
Planning and Implementation As businesses set company and employee goals, initiatives, or strategies, having a strong risk management culture helps the process move from planning to implementation. Having a culture that focuses on understanding the risk associated with change is critical to successful implementation. Companies with strong, engaged cultures recognize potential hazards or roadblocks in the planning stages and don’t have to wait until the implementation phase to find and solve a potential issue. This reduces the time and effort spent to rework those goals and put the new plans in place.
Results A negative culture impacts results as much as a positive culture does. Imagine watching a business service vehicle weave in and out of highway traffic because the driver is texting. Worse, the driver’s distraction causes a horrific accident. When you notice the company name on the side of that vehicle, do you think, “I’m never going to do business with them!?” That certainly isn’t good advertising for that business.
Aside from the bad publicity, a side effect of the driver’s distraction is something called hidden costs or profit leaks. They are the sales you never got or may never get because of the actions of your business and/or employees. These leaks come in all shapes and sizes, and can substantially impact a business’s profits. But, by controlling exposures, implementing best practices, and continuously refreshing your risk management culture, your company can create more opportunities for long-term success than your competitors that don’t.
Culture is not a task, not an initiative, not a goal — it is you, your employees, your suppliers/vendors, and everything else your business stands for every day. Culture is critical to success — both with customers and employees. Believe it!
ICAA has partnered with Federated Insurance, a leading national carrier specializing in serving the insurance needs of contractors. Federated offers ICAA members property and casualty insurance, workers compensation insurance, and life and disability income protection.
For more information about Federated’s risk management and insurance options and for a complimentary no-obligation review of your insurance coverage, contact Federated’s Jack West at 1-800-533-0472.
INSULATION CONTRACTORS REPORT January | February 2016 9
Q & A — heat Stress
Gary W. Auman, Esq.Dunlevey Mahan & FurryDayton, Ohio
Gary Auman is counsel to ICAA on safety and health issues.
heat stress is a critical determining factor for a permit-required confined space. When a worker is facing that, they would have to
make adjustments in their workload (engineering controls - fans, ventilation, water breaks). Whatever adjustments must be made, they must be directed and supervised by the employer.
I refer insulation contractors to the NIOSH heat illness prevention document (www.cdc.gov/niosh/topics/heatstress/). In a memo to regional and area directors, OSHA directed compliance officers to review a company’s entire heat illness prevention program when determining whether there is a general duty clause violation (Section 5(a)(1)).
There are specific components of the heat illness program that would impact a residential insulation contractor working in attic or crawlspaces that would be necessary to address the hazard of heat stress.
First we need to recognize the fact that when a high heat index environment is identified in a work area, OSHA will conclude that the employer is aware of a recognized hazard. At this point the confined space becomes a permit-required confined space.
At this point the employer has two basic choices, either eliminate the hazard or provide protection to employees who are exposed to the hazard. The only way I can see eliminating a high heat index hazard is to lower the heat index and that is primarily done with air conditioning or some other mechanism of cooling the ambient air to an acceptable level. The employer may have to convince a compliance officer that the confined space is below the warning level for heat illness precautions, so whatever method is employed it must be effective. I strongly recommend that my clients ensure that all supervisors have the OSHA Heat Index App on their smartphones. In the alternative they need some mechanism to
determine temperature and humidity and calculate the heat index. After they get that number they must have access to the NOAA heat index chart to determine warning levels.
If this cannot be accomplished, the only remaining option is to declare the space a permit-required confined space and to implement the employer’s permit-required confined space entry program. But declaring it a permit-required confined space is not sufficient by itself. You will still need to make provisions for the employees who will work in the space. Just as you might issue a personal respiratory protection system for the employee who enters the confined space to protect him/her from toxic fumes, you need to provide protocols to protect employees who will have to work in the high heat index environment from the adverse effects of the high heat index environment. I do not see these as different from the heat illness prevention program the employer should already have to be in compliance with the NIOSHA criteria documents requirements. So, the employer needs to have the five component parts in its program:
1. High heat work acclimatization program2. Establish a work/rest regimen based on the
heat index.3. Establish an acceptable hydration schedule
for employees exposed to a high heat index environment.
4. Provide a cooling-off area in close proximity to the work site.
5. Train employees on how to avoid the ill effects of a high heat index environment and how to recognize and provide first aid for employees suffering the symptoms of heat illness.
I suggest that my clients establish a work/rest regimen based on their own experience. I point out to them that this regimen may vary as the heat index increases or decreases. I also suggest that after they get their plan established, they run it by their company doctor. I also point out that this is where the training is so very important, along with hazard recognition training. As we know we are all different. In other words we will all react differently to different stimuli. Therefore, even a doctor approved work/rest regimen may not work the same for all employees, so training on how to recognize the first symptoms of heat illness is very important. I provide the same advice with regards to the hydration schedule. While NIOSH actually
Continued on page 10
10 January | February 2016 INSULATION CONTRACTORS REPORT
Continued on page 12
recommends a hydration schedule, it may not be one that all doctors will be comfortable with. So again this schedule should be reviewed by the company doctor.
As far as acclimatization is concerned, I suggest that new employees or employees returning to a high heat index environment after a week or more away from it not be permitted to work in a permit-required confined space where the hazard is a high heat index. Acclimatize them outside the space and then permit them to begin working inside the space. Finally, there should be a cooling-off area very close to the entrance to the permit-required confined space, if the heat index is in play.
Some other considerations for members is to be sure that whatever heat illness prevention program they choose to use, they have to place responsibility for implementation and enforcement on their supervisors. I have seen several programs
where the employer leaves it up to the employee to take actions provided in the program as they feel they need to do so. This will not pass muster with OSHA. The employer must establish the program, train its employees, and then ensure that the steps provided are implemented in accordance with the program.
Also, a heat illness prevention program, especially when working with permit-required confined spaces, will require some thought on the part of the employer. I would caution any contractors who try to avoid declaring a confined space as permit-required by “eliminating” the hazard to ensure that the hazard has been eliminated and not just reduced. Failing to truly eliminate the hazard will expose the employer to at least a serious citation. Finally, while this is a general duty clause issue, the employer can still receive multiple violations for violating various parts of the components of the NIOSH criteria document.
to have first-hand experience in the legislative process and to speak up about issues that impact the insulation business. ICAA will schedule all meetings at the national offices of your congressional representatives. ICAA members will be armed with background material and guidance to make the most of valuable personal contact with representatives.
Prior to face-to-face meetings with Congressional representatives and their staffs, ICAA member participants convene on Capitol Hill Thursday morning for a briefing on pertinent legislative issues such as immigration reform, tax incentives, and energy conservation. Since legislative activity is always in flux, participants will be briefed about the climate on the Hill and pending legislation.
Thursday, April 7, 2016 on Capitol hill in Washington, D.C.ICAA provides:
● Congressional meeting scheduling
● Breakfast in the House of Representatives
● Preparation and training of participants including talking points with handouts
● Meetings with Congressional representatives and staff
All services are provided free of charge to ICAA members. RSVP to ICAA before March 7, 2016.
Mark your calendars for Thursday, April 7. The united — and strong — voice of our industry can make a difference.
And plan to join ICAA for Committee Meetings on Friday morning, April 8, at the Rouge Hotel.
Connect with Your U.S. Lawmakers in DC, April 7 continued from page 1
2016 ICAA Convention & Trade Show: September 29 – October 1, 2016
Denver, Colorado
Denver Botanical Gardens
Insulators Must Post OShA Form 300A from February through April 2016
U.S. Department of LaborOccupational Safety and Health Administration
OSHA’s Form 300A (Rev. 01/2004)Year 20__ __
Summary of Work-Related Injuries and IllnessesForm approved OMB no. 1218-0176
Total number ofdeaths
__________________
Total number ofcases with daysaway from work
__________________
Number of Cases
Total number of days awayfrom work
___________
Total number of days of jobtransfer or restriction
___________
Number of Days
Post this Summary page from February 1 to April 30 of the year following the year covered by the form.
All establishments covered by Part 1904 must complete this Summary page, even if no work-related injuries or illnesses occurred during the year. Remember to review the Log
to verify that the entries are complete and accurate before completing this summary.
Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you’ve added the entries from every page of the Log. If you
had no cases, write “0.”
Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or
its equivalent. See 29 CFR Part 1904.35, in OSHA’s recordkeeping rule, for further details on the access provisions for these forms.
Establishment information
Employment information
Your establishment name __________________________________________
Street _________________________ _______
City ____________________________ State ______ ZIP _________
Public reporting burden for this collection of information is estimated to average 58 minutes per response, including time to review the instructions, search and gather the data needed, andcomplete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have anycomments about these estimates or any other aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistical Analysis, Room N-3644, 200 Constitution Avenue, NW,Washington, DC 20210. Do not send the completed forms to this office.
Total number of . . .
Skin disorders ______
Respiratory conditions ______
Injuries ______
Injury and Illness Types
Poisonings ______
Hearing loss
All other illnesses ______
______
(G) (H) (I) (J)
(K) (L)
(M)(1)
(2)
(3)
(4)
(5)
(6)
Total number ofcases with jobtransfer or restriction
__________________
Total number ofother recordablecases
__________________
From February 1 — April 30, 2016, employers must post in their workplace OSHA Form 300A. Form 300A (Summary of Work-Related
Injuries and Illnesses) is used to summarize the employer’s entries from Form 300 (Log of Work-Related Injuries and Illnesses) at the end of the year and is then posted for three months from February 1 through April 30 of the following year. OSHA also requires the employer to review the records at year end for accuracy before summarizing them; acquire additional certification of accuracy by a company executive; and record additional data on the average employment and hours worked at the establishment.
Retaining OShA RecordsOSHA requires the employer to save OSHA Form 300 and OSHA Form 301 (Injury and Illness Incident Report) for five years following the year to which they relate.
Obtaining OShA Forms 300, 300A, and 301To download your OSHA Forms Information Package in a PDF fillable format, visit the ICAA Members Only area site at www.insulate.org under Safety and Health.
1321 Duke Street, Suite 303Alexandria, VA 22314Tel: 703.739.0356 Fax: 703.739.0412
2016 ICAA BOARD OF DIRECTORSPresident JeffBeckPresident-elect FerrellDrumSecond Vice President JeffBankerTreasurer WayneSullivanDirectors:
ICAA Committees and Co-ChairsICAA Technical/Marketing Committee RichardCarroll,CarrollInsulation& WindowCo.,Inc. KellyFrauenkron,BASFCorporation
ICAA Government Council KevinKinzler,KCS,Inc. ShawnBeears,CertainTeed Corporation
ICAA Commercial Building Insulation Committee MarkDietz,Superl,Inc. GregMeilinger,OwensCorning
Connect with Your U.S. Lawmakers in DC, April 7 continued from page 10
2016 ICAA Convention & Trade Show: September 29 – October 1, 2016
Denver, Colorado
2016 ICAA CALENDAR OF EVENTS ICAA Meetings • Washington, DC • April 2016ICAA Legislative Action Day Thursday, April 7ICAA Committee Meetings Friday, April 8
ICAA Meetings • Park City, UT • June 2016ICAA Committee Meetings Friday, June 24
ICAA Meetings • Denver, CO • Fall 2016ICAA Committee Meetings Thursday, September 29ICAA Convention and Trade Show Thursday, September 29 – Saturday, October 1
ICAA Election ResultsThe following members were elected to the ICAA Board of Directors for the three-year term beginning January 1, 2016: Jeff Banker, Banker Insulation, Inc., Chandler, AZ; Ted Blanchard, Davidson Insulation & Acoustics, Inc., Murdock FL; Ginny Cameron, Cameron Group LLC, Elkridge, MD; Ferrell Drum, Garland Insulating Ltd, Dallas, Texas.
Also, Mark Dietz, president of Superl, Inc. was appointed to the Board to fill the vacant Board seat per the resignation of Board member Pete Dittemore of Sierra Insulation Contractors, Inc. Thomas Sprouse II of Creative Conservation Co., Inc., (Ashland, VA) was appointed to the Board to fill the vacant Board seat per the Board seat resignation of Todd Sawyer of Eastern Insulation.
This is an opportunity to participate in setting the ICAA agenda. All members are welcome.
Reserve your hotel room now at the Rouge, a Kimpton Hotel, 1315 16th Street, NW, Washington, D.C. (800.738.1202). Note “ICAA April 2016” to secure the ICAA group rate. Book before March 7 to ensure space and rate availability. You can also book rooms online by visiting www.insulate.org/april.html.
