N OVEMBER 2017 V OL 6 I SSUE 11 REPORTER Rooftop Upcoming Events Tuesday, November 7th OSHA Dinner Meeting Annual Dinner Meeting SDRCA BOD Elections Rooftop Reporter Page 1 From the President... Inside this Issue: Safety Corner OSHA Dinner Annual Dinner Meeting Emotional Distress Don’t You Love Insurance Audits? Apprenticeship Expansion Interim Silica Compliance It’s that time of year again, where we are franticly try- ing to get all paperwork done to finalize the year. Don’t get caught off guard with your workers comp going way higher due to massive amounts of work this year. With Thanksgiving just around the corner and Christ- mas looming in the shadows, our work days are narrow- ing in to just a few weeks’ worth, and just when you think you have it all under control the rain will start pour- ing and the new calls will fill up the calendar in the blink of an eye. Keep up the good work San Diego Roofers. Q: Why did pilgrims' pants always fall down? A: Because they wore their belt buckle on their hat! Eric Richardson, SDRCA President
Transcript
NOVEMBER 2017
VOL 6 ISSUE 11
REPORTER Rooftop
Upcoming Events
Tuesday, November 7th
OSHA Dinner Meeting
Annual Dinner Meeting
SDRCA BOD Elections
Rooftop Reporter Page 1
From the President... Inside this Issue: Safety Corner
OSHA Dinner
Annual Dinner Meeting
Emotional Distress
Don’t You Love Insurance Audits?
Apprenticeship Expansion
Interim Silica Compliance
It’s that time of year again, where we are franticly try-ing to get all paperwork done to finalize the year.
Don’t get caught off guard with your workers comp going way higher due to massive amounts of work this year.
With Thanksgiving just around the corner and Christ-mas looming in the shadows, our work days are narrow-ing in to just a few weeks’ worth, and just when you think you have it all under control the rain will start pour-ing and the new calls will fill up the calendar in the blink of an eye. Keep up the good work San Diego Roofers.
Q: Why did pilgrims' pants always fall down?
A: Because they wore their belt buckle on their hat!
Eric Richardson, SDRCA President
CAL OSHA COMPLIANCE Presented By: Kirk Herold, Safety Compliance Co.
Now that the Trump Administration has had 9 months in office, what, if any, changes have been made to the OSHA Regulations. How will this affect CAL OSHA?
Kirk will also provide us on any new regulations and/or changes that affect the roofing industry since he last updated us over 2 years ago.
Safety Compliance Co. has spoken to us before and the materials presented are very informative and beneficial in reducing exposure to Cal/OSHA violations and improving safety compliance.
THIS IS ALSO THE ANNUAL DINNER MEETING, ONE REPRESENTATIVE FROM EACH SDRCA MEMBER COMPANY HAS ONE COMPLIMENTARY REGISTRATION. SDRCA ELECTIONS WILL
TAKE PLACE IMMEDIATELY FOLLOWING THE DINNER PROGRAM
This meeting will offer 1 meeting attendance credit for SDRCA Certified Roofing Contractor Members
Table Tops Available
San Diego Roofing Contractors Association
Tuesday, November 7th, 5:00 PM Social Hour, 6:00 PM Dinner & Program
The Butcher Shop, 5255 Kearny Villa Road, San Diego SDRCA Dinner Meeting Reservation, Due by Friday, November 3rd, 2017
Please Print Clearly And Mark Your Dinner Selection Company: ___________________________ Beef Chick Veg
___# @ Member $45 = _______ ___# @ Non-Member $75 = ______ TOTAL $ ____________
Check Enclosed Credit Card listed below Use Advocate dinner credits
Card Number: _________________________________________ Exp: ___________________ Name on Card: _________________________________________CVS:______________
SDRCA – PO Box 1328, Solana Beach, CA 92075 Phone/Fax: 888-825-0621
The mission of the San Diego Roofing Contractors’ Association is to establish and maintain profes-sional standards and practices in the roofing industry through education and public awareness. Adopted January 1997
To elevate...To protect and defend...To cooperate...so that all benefit.
Rooftop Reporter Page 2
The SDRCA Mission Statement:
The San Diego Roofing Contractors' Association (SDRCA) has been serving the Roofing Industry for over forty years.
Times, techniques and technology has changed, but the SDRCA Core Values, Code of Ethics, Mission and Vision Statement has not. The 2017 Board of Di-rector Team is committed and dedicated to serving our members and this associa-tion with new education, resources, training and savings for the purpose of helping our members continue a tradition of profitability and professionalism in our industry. It is the intent of this Association to establish and maintain professional standards and prac-tices in the Roofing Industry through education and public awareness. Our members are com-mitted to excellence and they use the benefits offered by the Association to help obtain this goal. The SDRCA encourages you to become fully aware of the potential problems of dealing with an unli-censed, uninsured roofer.
The SDRCA was formed in 1957 to preserve and promote the art of roofing application. SDRCA members recognize that after 59 years of innovation in roofing technology and application, the fol-lowing goals are as meaningful and relevant today as they were yesterday and will be tomorrow.
The SDRCA remains a strong supporter of open competition and the free enterprise system; indeed, this competitive environment led to the success of its members. SDRCA members recognize that the perpetuation of such a healthy business environment is greatly influenced by their own professional conduct. The SDRCA supports the following practices, and encourages them in its members.
SDRCA Member Code of Ethics: 1. To conduct my business in an ethical manner, so that I will reflect credit and confidence by the public in our
industry as well as my own business.
2. To consider my vocation worthy and dignified and thus affording a distinct opportunity to serve society.
3. To hold that the exchange of my goods and service for a fair profit is legitimate and ethical, provided all parties in the exchange are benefited.
4. To elevate the standards of my vocation by exercising a high degree of care in the execution of all work, and correct any defective work as a direct challenge to my ability and integrity.
5. To protect and defend the public from fraudulent and unethical practices affecting our industry.
6. To cooperate with the association in its effort to better conditions in the industry, so that public, manage-ment, capital and labor will all mutually benefit.
7. To operate my business in accordance with the rules and regulations of constituted authority at all levels and in a manner which will leave no doubt as to my loyalty to my country and its ideals and fundamental principals.
Rooftop Reporter Page 3
General Liability and Workers Compensation Audits – How to be Better Prepared
Carriers are really honing in regarding their Audit processes and here are some helpful tips to make the process easier and less time-consuming.
General Liability:
Keep up-to-date certificates of insurance with necessary endorse-ments on file from all sub-contractors.
Keep any WRAP/OCIP projects’ gross receipts separate from other jobs.
Ensure you run a 6 month year-to-date P&L statement and check in with your agent to possibly endorse the current policy with the higher sales, rather than pay one lump sum at the expiration date.
Workers Compensation:
Always maintain clock in and clock out time cards specifying each class code accordingly.
Depending on the premium payment frequency (if semi-annual/annual), perhaps create an Excel spreadsheet to include the class codes and billing rates and update monthly. This will allow you to set the $$ aside in order to remit the premium payment when due.
Separate payroll for projects that include a Waiver of Subrogation (WOS). Depending on your policy, if the WOS endorsement is per project, the cost of this endorsement is a percentage of the payroll allocated to that specific project.
AB2883 passed 01/01/16 and stipulates that Partnerships, LLCs and Corporations with a license issued by the CSLB must remit a let-ter, per the carrier, confirming the Partners, Managing Members, or Officers are to be included or excluded from coverage. Unless this form was received by the carrier, payroll WILL BE INCLUDED for the audit. Contact your agent prior to the audit to ensure this form was received by the carrier.
Thank you Patricia Mosteller, Pacific United Insurance Services for this important Insurance Information. Pacific United also offers discounts to SDRCA Members.
Rooftop Reporter Page 4
Annual Meeting
The SDRCA 2017 Annual Meeting will be held on Tuesday, November 7th,
Immediately following the November Dinner Meeting featuring Kirk Herold of Safety Com-pliance Company. The Annual Meeting will consist of the election of officers for the next term of 2018 through 2020. If you would like to serve on the SDRCA Board of Directors, please contact the SDRCA office at 888-825-0621 or email [email protected]. Terms are three years. The Board meets once a month via conference call unless there is a dinner meeting where the Board meets face to face prior to the dinner meeting.
Only contractors are allowed to serve as President, Vice President, or Secretary/Treasurer per the SDRCA bylaws. However, Manufacturers, Suppliers, and Associates may serve as a Director.
The SDRCA Board is in need of additional contractors to serve on the Board of Direc-tors. Serving on the SDRCA Board of Directors is not that much of a time commitment, the real need is in ideas moving forward as our industry changes. Keeping on top of important issues is imperative so we may provide worthy educational programs to our membership and the industry.
We hope you consider serving on the SDRCA Board of Directors.
U.S. Secretary of Labor Announces Membership of Task Force On
Apprenticeship Expansion
WASHINGTON, DC – Following President Donald J. Trump’s Executive Order Expanding Apprentice-ships in America, U.S. Secretary of Labor Alexander Acosta today announced members of the President's Task Force on Apprenticeship Expansion. The Task Force—representing companies, trade and industry groups, educational institutions, and labor unions—brings to the table substantial workforce development experience in addressing the nation’s skills gap.
“Expanding apprenticeships will help Americans learn the skills they need to fill jobs that are open right now and in the future. I am pleased to see business leaders, unions, educational institutions, and industry groups come together to help the American worker,” said Secretary Acosta. “The members of the Task Force on Apprenticeship Expansion will provide varied perspectives that will help guide the Administra-tion’s strategy on growing apprenticeship programs nationwide. I am grateful for their participation in this important effort.”
To help more Americans obtain relevant skills and family-sustaining jobs, President Trump issued an Executive Order Expanding Apprenticeships in America. Apprenticeships provide paid, relevant work-place experiences and opportunities to develop skills that job creators demand. Hundreds of companies—big and small, across industries—have shown an interest in apprenticeships since President Trump signed his Executive Order.
The President’s Executive Order called for the Secretary of Labor to establish a Task Force on Appren-ticeship Expansion. The mission of the Task Force is to identify strategies and proposals to promote ap-prenticeships, especially in sectors where apprenticeship programs are insufficient.
But What About My Emotional Distress? By Sharice B. Marootian, Abdulaziz, Grossbart & Rudman
Homeowners often ask, "but what about emotional distress damages? Can't my contractor be liable for my pain and suffering?" Unfortunately for the homeowner, but fortunately for con-tractors and insurers, the answer is, no.
The California Supreme Court has held that emotional distress damages are not recover-able in negligent breach of a contract to construct a home case. In Erlich v. Menezes, Barry and Sandra Erlich hired John Menezes, a licensed general contractor, to build their "dreamhouse" on their ocean view lot. In December, they moved in; in February, the rains came. The house leaked like a sieve! The walls and ceilings were saturated, nearly every win-dow leaked, and the living room filled with three inches of standing water. In some locations, the water poured in streams from the walls and ceilings.
Inspections confirmed defects in the roof, exterior stucco, windows and waterproofing. They also revealed serious errors in the home's structural components including the risk of catastro-phic collapse of three decks. Both spouses testified that they suffered emotional distress as a result of the extensive defects and Menezes' unsuccessful repair attempts. Mr. Erlich was transported by ambulance after learning the full extent of the structural problems. He had a heart condition attributable in part to excessive stress, and had to resign from his job. Mrs. Er-lich had a constant fear that the house would collapse and of her daughter's safety. But no one was physically injured by the negligent construction, and the family continued to live in the house for five years.
The Trial Court had awarded the Erliches approximately $400,000 for the cost of re-pairs. Each spouse was also awarded $50,000 for emotional distress; Mr. Erlich received an additional $50,000 for physical pain and suffering and $15,000 for lost earnings. The Court of Appeal affirmed, but the California Supreme Court overturned the decision.
Contract damages are generally limited to those within the contemplation of the parties when the contract was entered into or at least reasonably foreseeable by them at that time; conse-quential damages beyond the expectation of the parties are not recoverable. Therefore, the cost of repairing the home, including lost use or relocation expenses, or the diminution in value, are recoverable. However, although the homeowners' distress is real and serious, mental dis-tress claims are not recoverable. The decision comes from a balancing of policy considera-tions, including the availability of insurance for builders. It is important to note that the Erliches could have recovered alternate housing expenses had they chosen to move out during repairs.
Some will ask, "what about all those cases we hear about where the plaintiffs are awarded emotional distress damages?" The answer is: recovery for emotional disturbance is excluded unless the breach or negligence also caused bodily harm or the contract or breach is of such a kind that serious emotional disturbance was a particularly likely result. For example, an infant injured during childbirth, misdiagnoses of venereal disease and subsequent failure of marriage, fatal waterskiing accident, failing to adequately preserve a corpse, cemetery's agreement to keep burial service private and protect against vandalism to grave, and bailment of heirloom jewelry with great sentimental value justify emotional distress damages. In summary, where the scenario involves personal responsibility with unavoidable traumatic results, or where the controlling factor of the contract is the mental and emotional well-being of one party, the claims give rise to emotional distress damages. Building a home, where the emotional upset stems from an inherently economic concern, the Courts disallow additional unforeseeable damages.
As the Court put it, "[t]he Erlichs may have hoped to build their dream home and live happily ever after, but there is a reason that tag line belongs only in fairy tales."
Download a PDF Copy of But What About My Emotional Distress?
Roofing Torch & Heat Welding Safety; Controlling Hot Work Hazards on Torch Applied & Welded Membranes . . . Torch-applied operations can be hazardous to roofers and the public. Torching can reach temperatures over 1093°C or 2000°F. Roofers may suffer serious burns from the torch or the hot modified bitumen they are applying. In addition, temperatures generated by torching applications have been known to start fires that may smolder out of sight, only to have flames reignite later, well after torching is over. During the installation of torch-applied roofs, it is important to take the following precautions. • Wear proper personal protective equipment, including hard hats, safety boots, eye protection, and gloves. Clothing should be flame-resistant (cotton or wool—no synthetics). • Check the roof surface for combustible material. Remove what can be removed. Encapsulate the rest with hot or cold applied membranes, sealing off all intakes and projections to prevent flame from spreading into combustible material. • Inspect torches before each use. Equipment must be in good working order, with fittings, hoses, and head secure and cylinder valves clean. • Don’t use leaking propane equipment. If a leak occurs during operation, stop immediately. • Store all equipment in protective cases. • When not in use, set torch units in their support leg position with torch head pointing at an upward angle. Don’t place torch units over a curb or roof edge. • Unless you’re the torch operator, stay at least two or three meters (6-10 feet) away from the flame. • Don’t torch directly on cant strips, insulation, wood, grease, lint exhaust, or any other flammable material. • Never torch directly at flashing, corners, voids in the roof and roof deck, or behind metal counter flashings. • Take extra care when torching near pipes, fresh air vents, and HVAC units since flame could be sucked into the building. • Do not torch near gas and electrical lines. • When shutting off the torch, close the propane cylinder valve first. Let the remaining gas in the hose burn off, and then close the torch valve. • Disconnect the hose at the end of the day. • Ensure that workers have been adequately trained to install torch-applied modified bitumen roofing systems, including appropriate training in the storage, handling, and use of roofing propane and LPG equipment.
Fire Prevention
The roofing contractor’s health and safety policy should provide for a fire watch after completion of all torching applications for the day.
•Cease torching at least three hours before leaving job site for the day.
•Designate a person responsible in the event of fire. • Make sure all workers know the escape route.
•Keep the local fire station number handy. • Have at least one fully charged 20-lb dry chemical fire extinguisher within six metres (20 feet) of each worker using a torch.
•Inspect the roof for hot spots at the end of work stoppage using an infrared thermometer to take temperature readings.
•At the end of the monitoring period, inspect the building interior (with owner’s representative) before leaving the site.
Hand-held Torches
Hand-held torches fueled by 9.1-kg (20-lb) propane cylinders are used for many operations in the roofing industry, such as melting snow and ice, drying roof decks, heat sealing and flashings. • Never leave torches ignited and unattended for any reason.
• Make sure the cylinder is securely braced or tied so that it can’t fall or be knocked over. • Use only approved high-pressure hoses to connect torches to regulators. • Operate the torch at the manufacturer’s recommended pressure. • Never direct the flame at, near, or toward the cylinder. • Never use hand-held torches inside a building.
Welding Thermoplastic (TPO/PVC) Roof Membranes
Automatic and manual hot air systems are used in the roofing industry to weld thermoplastic roof membranes. The systems use electricity to heat air that in turn welds the membrane together. Air temperatures may reach 600°C (1100°F). Some automatic systems require up to 220 volts. Burns and electrocution are obvious hazards with this equipment. • Don’t use thermoplastic hot-air welding equipment in the rain or where surfaces may be wet. • Ensure that the equipment is protected from the weather overnight or when not in use. • Inspect electrical cables regularly for damage. • Always use welders along with ground fault circuit interrupters. By law, GFCIs must be used with any portable electrical equipment operated outdoors. • Don’t touch grounded objects such as pipes or scaffolding while operating thermoplastic hot-air welding equipment. • Don’t use the equipment near flammable gases or liquids. • Don’t let the equipment remain stationary with the heat on and the welding nozzle close to any surface. • Maintain the equipment according to manufacturer’s instructions. • Don’t use automatic welding machines on slopes exceeding 20 degrees when welding at right angles and 25 degrees when welding in the direction of the slope. Steeper slopes may cause the machine to tip over, stall, or move too fast. • Fumes from thermoplastic welding may irritate the nose and throat. Stay out of the smoke plume and keep your body upwind whenever possible. • Wearing respiratory protection such as a half mask N95 respirator will reduce exposure. • Don’t overheat thermoplastic membranes. At normal welding temperatures, very few harmful chemicals are released. When the thermoplastic is overheated, however, compounds such as hydrogen chloride and vinyl chloride monomer may be produced. • Workers assigned to operate welding equipment must be trained and certified by the thermoplastic roof system manufacturer.
OPD Cylinder Valves on Portable LPG / Propane Tanks OPD stands for "overfilling prevention device" or "overfill protection device" and is required on all 4 to 40 pound DOT cylinders in vapor service. The OPD valve is simply a protective device that, as the name implies prevents overfilling of a propane cylinder.
Before any propane cylinder (4 to 40#) can be filled with propane, the cylinder will be inspected to ensure that an OPD valve is installed on the tank. Propane companies can generally replace the non-compliant cylinder service valve with the required OPD valve quickly in order to bring it into compliance. Many consumers believe that the OPD valve was introduced to increase the profitability of propane dealers regarding cylinder filling. This statement could not be farther from the truth. When filling a propane bottle equipped with an OPD valve, the flow of gas stops immediately when the overfill protection mechanism closes. This is extremely hard on a propane dispensing pump resulting in more repairs and pump overhauls which can be quite expensive. The propane industry spends more money than they save as a result of the OPD valve requirement.
OPD Cylinder Valves on Portable LPG / Propane Tanks, cont’d. OPD Valve Information Propane bottles equipped with overfill prevention valves are recognizable by the triangular hand wheel at the top of the valve itself. The hand wheel connecting to the valve stem is tamperproof and is not interchangeable with a cylinder not equipped with the overfill prevention safety mechanism. The OPD valve was not designed as a tool to let the bottle filler know when the bottle has reached its capacity. It was designed as a secondary safety mechanism. Bottles equipped with OPD valves are still to be filled by weight as required by law.
OPD Valve Operation Propane OPD valves operate inside the bottle and are activated as the liquid propane in the cylinder rises to a level that pushes a float upward stopping the flow of gas into the bottle. This action is similar to that of a float valve in a toilet; once the water in the bowl rises to a certain level, the flow of water stops. The OPD valve is only actuated during the filling process, not during operation. In other words, inverting a cylinder will cause an OPD float to actuate but it will not stop the flow of gas out of the cylinder. Why is this important to know? Because the OPD valve is not designed to
restrict flow out of the cylinder, it's only designed to stop flow into the cylinder during the filling process. OPD equipped propane cylinders will allow liquid propane into gas lines and hoses if tipped over or inverted. Overfill Prevention Devices are not a safety mechanism used or actuated during cylinder usage.
OPD valves are also designed to only allow propane into and out of the bottle if attached to the appropriate hose end connection. The threads on this type of connection are called ACME threads and are visible on the OPD valve at the point of connection. The ACME threads are easily identified by how much larger and farther apart they are as compared to normal pipe threads. OPD valves will not allow propane out of the bottle if it is not hooked up to anything. This is why turning (opening) an OPD hand wheel on an unattached bottle does nothing in terms of letting propane out. Many people think that the bottle is empty but in fact, the cylinder needs to be hooked up to allow any gas out. Learn more about the Valve Open - No Propane issue that many users have with OPD equipped propane cylinders below.
The Valve Is Open But No Propane Comes Out This is a statement propane cylinder users sometimes make following the exchange or re-filling of their bottle. The bottle feels heavier and obviously is filled with propane but opening the valve produces no escaping gas. OPD valves are designed so that propane will not flow from the service valve unless it is hooked up to a hose end connection. This is the way the OPD cylinder valve was designed. Unattached propane cylinders equipped with OPD valves will not allow gas to flow when the service valve (hand wheel) is opened. The same is true of forklift cylinder valves.
OPD Valve Design The design of the OPD valve is such that turning the cylinder service valve hand wheel will not produce any effect if the cylinder is not hooked up to an appliance. In other words, a connection must be made between the appliance hose end and the cylinders service valve. The inside of the OPD valve is engineered to only allow propane in or out if the internal valve is actuated by being depressed. This OPD valve feature adds additional safety in case the hand wheel is turned, opening the valve. For this reason, OPD equipped cylinders will not allow gas out of the cylinder when opened. The same is true for industrial forklift cylinders. See the photos of the OPD valves for a detailed picture of the of the internal
flow valve.
Hose End Connection The hose end connection on either a fill hose or appliance supply line is designed to work only with OPD equipped cylinders. For the OPD valve to operate with the hand wheel open, the hose end connection must be securely attached. The picture to the left shows a hose end connection. Notice the elevated brass fitting is surrounded by acme threads. When attached to a cylinder valve and tightened, the brass fitting will push the internal valve open and allow gas to flow out of the cylinder to the appliance, if the hand wheel is in the open position. This fitting must be in place for gas to flow out of the cylinder. Otherwise, turning the hand wheel will not produce the intended result.
U.S. Department of Labor, Occupational Safety and Health Administration, Washington, D.C., 20210.
A Memorandum for Regional Administrators has been produced through Tho-mas Galassi, Acting Deputy Assistant Secretary, from the Acting Director of De-rectorate Enforcement Programs, Patrick J. Kapust.
The subject of the Memorandum is the Interim Enforcement Guidelines for the Respirable Crystalline Silica in Construction Standard, 29 CFR 1926.1153.
You should download the full document here, some items of note:
Effective October 23, 2017, OSHA will fully enforce all appropriate provisions of the Silica in Construction standard.
The attachments provide inspection and citation guidance; as well as flow charts to assist with evaluating employers’ control methods.
Thank you to SDRCA Board Member Dawn Shaw of Eagle Roofing Products for staying on top of the Silica Issue and keeping us informed. Additional infor-mation will be available at our November 7 Dinner Meeting from Safety Compli-ance Company and Kirk Herold.
The SDRCA wishes to Thank our contributing Sponsors. The ability to bring ongoing, valuable educational, social and professional benefits and training is dependant upon our sponsors. We look forward to the new spon-
