GBC Reports..., March 20, 2003

GBC Hosts DASNY Reception
On March 13, the GBC hosted a reception for the leadership of the Dormitory Authority of New York State at the Williams Club in New York City. Over 50 Members attended the "meet and greet" event. DASNY Executive Director Maryanne Gridley, Director of Construction Doug Van Vleck, and Director of Project Management Rick Bianchi were the guests of honor. Many GBC Members took advantage of the networking opportunity to speak with the DASNY leaders and fellow Members. 

Ms. Gridley addressed the audience with a short presentation about the status of the agency, including process improvements (change orders and closeout) per discussions with GBC staff, and future work opportunities. In short, her comments stated DASNY's commitment to improving the working relationship between the agency and the contracting community. She stated that the agency continues to provide work opportunities for the construction industry, and desires a continued strong relationship between DASNY and GBC.


Retainage in Escrow Bill Moving in Senate
Senate bill S.1089, requiring retainage on private construction work to be placed in escrow, is moving in the Senate. It has cleared the Judiciary Committee and is now on its third reading. Attempts are currently underway to move it in the Assembly as well. 

As you may recall from earlier reports, this is legislation that the subcontractors had been pushing. After amending the legislation to remove the requirement that a general contractor maintain an escrow account for each subcontractor, GBC has supported this bill. As one Member says, it helps to "get the gold out of the owner's hands" and, thus, make him more willing to release payments.


GBC Partnering Still Going Strong - Changing Direction
With considerable work with the Long Island Railroad's East Side Access program, the New York City School Construction Authority and a variety of other public and private construction projects throughout the state, GBC's traditional partnering program is still very much a sought-after service. 

More and more, however, GBC's facilitation services are being employed in a slightly different way - to save jobs that are "goin' south." We call this "Project Re-Alignment" and it takes a different tone and tack than typical partnering. If you are in need of such services, call Joe Hogan at GBC for more details.


GBC Workers' Comp Safety Group: A Decade of Success 
Since December 1992, when the GBC Workers' Compensation Safety Group #550 was formed, almost $4 million in dividends have been returned to those lucky members who have stayed loyal to one of the most consistent insurance programs available to the construction industry in New York State. Sponsored by the GBC, and underwritten by the State Insurance Fund, Safety Group #550 offers a generous up-front discount, and a back-end dividend that has averaged over 25% and has never been less than 20%. The partnership of G.C.G. Risk Management, Inc., acting as group manager, providing insurance and claims services, and the GBC's own safety personnel providing jobsite safety, has allowed Group #550 to have a DEVELOPED incurred loss ratio of less than 34%. If you are a GBC member, you owe it to yourself to get a quote today. Call 212-431-3000, x222 for Shelly Linsky, or x225 for Ross Gnesin, or email ross.gnesin@gcgriskmanagement.com. You can't afford not to!


NYC Officials to Introduce Building Code Legislation
ENR magazine reports that, by year-end, New York City officials expect to introduce legislation to the City Council that would amend building, fire and zoning rules. The legislation, aimed at improving occupant security, will be based on 21 recommendations for safety upgrades in areas of structure, fire protection, emergency egress and response released recently by a task force assembled in the aftermath of the Sept. 11, 2001, terrorist attacks on the World Trade Center. One recommendation is for a temporary ban on the use of open-web bar trusses in new commercial buildings taller than 75 feet, pending development of a national standard. A second is a recommendation that the City publish optional structural design guidelines to enhance robustness and resistance to progressive collapse. GBC will stay in touch with the Department of Buildings regarding any forthcoming changes.


Tort Reform Progresses
A few weeks ago, the State Senate passed reform to vicarious liability for leased autos. They have passed it before, but never this early. This would resolve the problem of auto manufacturers being sued over accidents with their leased cars. Like Labor Law 240, New York is one of few states to have such a law. Many auto companies are threatening to leave the state. 

Last week the doctors came to Albany to make their case on medical malpractice reform. Their emotion on this issue matches that of the construction industry on the Labor Law. On May 20th they will have local events all over the state on this issue. They have invited the construction industry to participate, especially to show up with bright yellow equipment that is not being used because of the tort issues. 


Building Deconstruction Seminars Scheduled
Deconstruction is the process of carefully dismantling a building in order to salvage materials for re-use. For demolition contractors and housing developers, deconstruction offers several advantages over standard demolition, from reduced waste disposal and liability insurance costs to additional revenues from the sale of recovered materials. 

Two programs are scheduled in New York City for March 26 and 27 and will be presented by NY Wa$teMatch, a program of the NYC Industrial & Technology Assistance Corporation (ITAC). The programs are sponsored by the U.S. Environmental Protection Agency's Region 2 office. In the workshops, deconstruction expert Jim Primdahl (deconstruction training manager, Institute for Local Self-Reliance) will introduce participants to the benefits of deconstruction and present the process of starting a deconstruction business. Participants will receive materials outlining resources that support business development. Both workshops are free to attendees but require registration. Please contact Brendan Manning at GBC for more information.


AGC Looking for Member Photos 
GBC and AGC Members are leaders in the industry, displaying excellence in construction and exhibiting high levels of safety on the jobsite. As such, AGC of America wants to recognize your outstanding performance and feature GBC members in their national marketing materials such as brochures, advertisements, web pages and trade show exhibits. They are looking for photos or graphics involving any completed projects; company training sessions in progress; design/planning/project management meetings; jobsites (only graphics that comply with current safety regulations) and sales meetings.
If you're interested in submitting a photo, please contact Brendan Manning at GBC. 


OSHA Announces Upcoming Regulatory Agenda
OSHA director John Henshaw recently announced the agency's plans on the upcoming regulatory front. The agency recently made a commitment to issuing standards and regulations in a timely and professional manner. Henshaw admits that in recent years the agency tended to permit the target dates for implementation to float for months and, in some cases, years. The result has been confusion for industry, unions, and other organizations that have to live by the regulations. Last year OSHA chose, after much criticism, to trim its rulemaking agenda, resulting in a much more manageable schedule that it is able to honor. The following rules are in the process of being revised and implemented:

• OSHA is moving forward on the rule revising its standard covering cranes and derricks. He did not explain when the rule would be completed. Potential members for a negotiated rulemaking committee were nominated in September 2002.
• OSHA's upcoming rule on confined space in construction will be completed in April 2003.
• A comprehensive standard for crystalline silica will be released as a proposed rule in November 2003.
• OSHA is also working on standards addressing hearing conservation in construction and electric power transmission, but did not describe a timeline for completing these regulatory programs.

Employer Grossly Negligent in Death of Truck Driver 
An employer who did not train employees in safe load rigging and allowed an unqualified employee to operate a cherry picker to move a thousand-pound fuel tank was guilty of gross negligence in the death of a worker, a Texas appeals court held. In the incident, a truck driver was to deliver a thousand-pound fuel tank to the worksite. He signaled the construction foreman to help him unload the truck and the foreman drove a cherry picker crane toward the rear of the trailer. The driver secured a chain from the tank onto the lifting hook. The cherry picker lifted the tank and began backing up. As the fuel tank cleared the trailer, the chain gave way and landed on the driver who had been guiding the tank. 

At trial, the company's safety manager stated that the employer had a comprehensive safety manual regarding the lifting and moving of loads, although he did not know what the procedures were. The safety manager further testified that he never trained the driver in how to properly rig heavy equipment and no procedure was in place to determine whether the foreman was qualified to operate a crane. With regard to the employer, the court held that although it had a comprehensive safety manual addressing cranes and load lifting, the safety manager himself had not known the proper procedures. In addition, the company did not train employees in the safe rigging or moving of loads. Further, the company had no procedures in place to monitor the skill or qualifications of workers operating heavy equipment.


The Spec Reviewer Needs Time
Lately, the majority of spec review requests are coming in within one week of bid opening. While those reviews might be helpful to educate for the future or even, as we've been told, to make corrections or bolster arguments once under contract, that amount of time is not usually sufficient to have the desired effect. Our hope is to effect changes to the documents pre-bid. Please, wherever possible, the GBC spec reviewer would love to have at least three weeks prior to bid opening.


Upcoming Events
Please check the GBC Calendar for a complete list of upcoming events, with links to registration forms.