| AGC
of NH News
Relative to Workers’ Compensation Compliance for
State Public Projects Position Paper
January 30, 2008
Presented to the NH House Labor,
Industrial and Rehabilitative Services Committee
& Senate Commerce, Labor and Consumer Protection
The Association has taken a proactive
position in reviewing last year’s House Bill 471 and this year’s legislation
House Bill 692, House Bill 1156, House Bill 1597 and Senate Bill 501, all
relative to workers’ compensation compliance. The Association in January
held a special meeting of contractors, subcontractors and construction
affiliates who wanted to discuss the status of all of these bills since they
work on state projects and will be affected by the changes that remain. The
meeting was a productive meeting to develop solutions to issues that we
believe is still pending and should be addressed. The Association
recognizes that our general position is opposed to separate regulations for
the private sector vs. state projects. If it is the will of the legislature
to be more stringent on state projects then the industry would like the
legislature to address some issues for those that will have to comply on
future state projects. After reviewing the bills that the legislature has
not addressed this session, we believe each of these bills is well intended
but still leaves state construction issues unaddressed. Our major concerns
and recommendations involve the following:
- A number of the proposals refer to
projects that are “state funded.” Clarification is needed as to what
projects are considered “state funded.” The
Association feels that “state funded” could be clearly defined as
projects in excess of $100,000 which are administered by Administrative
Services or the NH Department of Transportation.
- State projects have the same issue
as DOT had with snowplows for independent truckers and delivery
personnel. The Association believes that these individuals were not the
intent of the original legislation, as it was to capture individuals who
work on the construction site such as dry wallers, laborers, etc.
The Association believes language could be added to exclude deliveries
to a project, including but not limited to, aggregate, concrete, lumber,
etc.
- We would like to see some
flexibility added to the original House Bill 471 for the two state
agencies who administer these projects to be able to adopt procedures to
accomplish the same goal for those firms who work with them a regular
basis. For instance for many contractors who work on multiple state
projects each year, the paper work could be more efficiently processed
for these firms on an annual basis rather
than on a project by project basis. Our recommendation is to add
some language to the state statute for these situations to give the
state agencies this flexibility. The Association believes the affidavit
and safety programs could be filed annually, rather than on a
project-by-project basis. This would result in significant cost
savings to both the state and the construction industry by reducing
duplicate filing of the same information.
- In regards to the penalties for
violations, we think the original language needs some slight
modifications to be clear. In a number of sections it states “any
contractor … who falsifies information or fails to comply with
this section a civil penalty of up to
$2,500, and in addition, such an employer shall be assessed a civil
penalty of up to $100 per employee per day of noncompliance.” Similar
language is used again in the section that allows a contractor to be
disbarred from state work for up to 5 years. We believe that the law as
currently written could be interpreted that a contractor could be
disbarred from future state work for a simple paperwork violation or
they could be disbarred if someone not
under their control who comes onto the site without workers’
compensation. We believe that the fines should be in place for those
that violate the requirements (paperwork) but if some one falsifies then
they could be held to a higher standard regarding future work.
For these reasons, we do not believe
House Bill 1156, House Bill 1597 and Senate Bill 501 resolve the issues that
the industry still has, but making the changes above would clarify many of
our pending concerns while accomplishing the goals of the legislature to
mandate workers’ compensation on state projects for on-site employees. If
you have any questions or would like to discuss the Association’s position
further, please feel free to call me at (603) 225-2701. For the language,
please click
here.
Thank you for your time and
consideration.
Respectfully submitted,
Gary A. Abbott
Executive Vice President
2007
Annual Report
The AGC of NH published it's 2007 Annual
Report.
Click
here to view a pdf. version.
AGC Human Resources Committee Hosts
Meeting with NHDOL
On September 19th the AGC
Human Resources Committee hosted a Wage & Hour seminar with NH
Department of Labor Administrator Cynthia Flynn.
The Department of Labor handed out packets to each attendee, which
included recent legislative changes, labor law posters, fact sheets and
contact information. Information
from the packets can be found by clicking on the following links.
* Top 10 New
Hampshire Labor Law Violations
* Protective
Legislation Law Poster
* The
Whistleblowers' Protection Act Poster
* Criteria
to Establish an Employee or Independent Contractor Poster
* New
Hampshire Minimum Wage Law Poster
* Sample
Request to Waive the Lunch or Eating Period Form
* Employee
Request for Waiver to a "Day of Rest" Form
* Sample
New Hire Rate of Pay Form
* Request
for Payment of Wages Other than Weekly
An open table discussion was also held
on the “Top 10 New Hampshire Labor Law Violations”.
Some of the violations discussed included failure to provide
written notice to employees, misclassifying employees as independent
contractors, failure to keep accurate record of all time worked, and
failure to pay 2 hours minimum pay at regular rate on a given day that an
employee reports to work at the request of the employer.
As a benefit to those who attended the seminar, Cynthia Flynn
agreed to contact them prior to an inspection by the Department of Labor.
Work
Certificate Form Law Goes Into Effect; All On-Site Contractors Must Fill
Out Affidavit
Beginning September 14, 2007, a Work Certificate Form
must be completed and submitted to the NHDOT by all contractors,
subcontractors, and independent contractors before the start of a NHDOT
project.
Also beginning September 14, 2007, prime contractors are
required to ensure that each of its subcontractors completes and includes
the Work Certificate Form and supporting documents as part of the
subcontractor approval package submitted to the NHDOT Bureau of
Construction.
The new law prohibits any subcontractor from performing
work on-site until its Work Certificate and supporting documents have been
provided to the NHDOT. Accordingly, no subcontractor will be permitted to
work until the Bureau of Construction has acknowledged receipt of these
documents and given consent to proceed with subcontract work. Subcontractors
purported to be in violation of this requirement will be reported to the
NHDOL and subject to fines.
The NHDOT Bureau of Construction will also be providing
an updated Subcontractor Approval Package containing the Work Certificate.
The NHDOT Contracts Office will request the Work Certificate and supporting
documents from the Prime Contractor prior to final award of each project.
A copy of the Work Certificate Form is available for review by
clicking
here. Also available, by clicking
here, is a copy of the Acknowledgement
Certification Form (subcontract and/or material supplier). Contractors
should note that it is not necessary to present data other than what is
specifically requested by the law. For instance, payroll data and insurance
rates should not be provided. The NHDOT has told contractors that they can
cover that info on their requested documents. The bill does not affect
subcontractors, etc. already working on-site, but it will apply to all new
contracts.
Individuals with questions can call Dave Chandler, Chief of Labor
Compliance, at (603) 271-2467.
New Delay in
I-93 Expansion
Once more, legal action has stalled progress on the I-93
expansion project through the corridor that runs from Manchester to the
Massachusetts line. In a decision issued late last month, U.S. District
Judge Paul Barbadoro found that the New Hampshire Department of
Transportation used outdated information to evaluate the potential
population growth in its environmental impact study. Judge Barbadoro
directed the DOT to reexamine the impact that might be caused by widening
the congested road from four lanes to eight and submit a supplemental
filing.
The decision comes as a result of a multi-point lawsuit
initiated by the Conservation Law Foundation (CLF). The organization filed
its original suit last year, stalling the project. Among the key points in
the CLF suit was that commuter rail should be an integral component of the
project and that the DOT should be required to perform further study on this
mode of transportation as well. On this point, Judge Barbadoro disagreed,
observing that the DOT had performed a satisfactory investigation of rail
service and that further study was not warranted. A copy of the ruling is
available here.
According to the DOT, updating the data might require as
much as a year. Further, I-93 projects other than widening will be left on
hold, including work in Windham and Salem to expand interchanges and repair
red-listed bridges; there are 18 of the latter within the 20-mile stretch of
I-93 slated for widening. However, seven of these bridges will likely be
worked on anyway, owing to the urgent nature of the repairs.
Meanwhile, a combination of inflation and escalating
construction costs will almost assuredly drive up the cost of the overall
project, which has been in the planning/development phase for nearly 20
years. Currently, costs within the highway construction industry are
climbing at a rate of approximately 6 to 7 percent annually. According to
AGC of NH Executive Vice President Gary Abbott, this level of increase,
applied to the project’s current price tag of $750,000,000, means that each
month of delay will likely add approximately $3,750,000 to the bottom line.
Emergency
Response Committee Issues White Paper, Pre-qual Contact Info
Early in 2006, following disastrous floods of the
previous fall, the AGC of NH formed an Emergency Response Committee (ERC),
designed to investigate ways in which the Association’s individual members
could rapidly render critical assistance in the event of another disaster,
whether it be natural or manmade. The concept was not new. In years past,
the Association had developed "Operation Bulldozer" and later, "Fast Aid,"
both of which were based on the concept of emergency response. The aim of
the new ERC was to take the basic "emergency response" concept and establish
a simple procedure that could make the concept practical and workable
The ERC, organized in January 2006, included Dawn Plourde
(chair), Brian Nordle, Peter Tremblay, Robert Labonville, Victor Goulet,
Norman Saucier, TJ Vadney, and Gary Abbott. Early on it was determined that
coordination with the state was key to the success of the operation, and so
it was decided to open up dialogue with the appropriate state officials.
Among the speakers who addressed ERC meetings were Karen Gola and Craig
Forest of the Department of Transportation. Later, Don Keeler, chief of
operations, New Hampshire Bureau of Emergency Management (BEM) attended an
ERC meeting and provided excellent input. From these discussions it became
clear that there was a state-run system in place, and that private
contractors might indeed play a key role in future emergencies. The BEM
utilizes a "unified command system," with the Governor at the top. Under
this system, the services of AGC members would (most likely) be considered a
resource of the DOT
In the end, it was determined that the most practical way
for AGC members to participate in actual emergency responses was to get
pre-qualified by the state and enroll in the state’s database of approved
contractors.
The ERC has completed its original mandate by developing
a white paper entitled "The Role of AGC/NH Members as a Resource During
Emergencies and Natural Disasters." The white paper is available
here.
Finally, contractors wishing to proceed with the pre-qualification
process can do so by contacting Deborah Weil, Pre-qualification
Administrator, at 271-3402 and requesting the appropriate form.
State Develops
Tentative List of Bonded Projects for 2008-2009
The Department of Transportation has developed a list of
bridges and other projects that may be available to advertise in fiscal
years 2008 and 2009, using bonded monies as proposed in Governor Lynch’s
budget, dated February 2007. The Municipal Bridge Aid list includes
approximately 27 structures, most of which are categorized as
"replacements," while a small number on the list are described as
"rehabilitation" jobs. The projects total roughly $19.4 million, $15.5 of
which would come from the state, at the rate of $7.75 million per year
(2008-2009). Local matching funds in the amount of $3.9 million would be
used to fund the balance of the required monies.
Also compiled in preliminary lists are "State Aid Highway" projects
(approx. $3.4 million) and "Betterment" jobs (approximately $15.6 million).
The three lists, plus associated documents, are posted
here.
Readers are
reminded that as of this writing all data contained in these documents is
tentative and not finalized. Further, of these preliminary projects, not all
of the projects will necessarily be advertised within any given time frame.
AGC
of NH's Letter Spells Out Concerns Over Corps of Engineers' Permit Renewal
The New England District of the U.S.
Army Corps of Engineers has issued a draft Programmatic General Permit (PGP),
which is designed to expedite review of minimal-impact work in coastal and
inland waters and wetlands in New Hampshire. One purpose of the PGP is to
minimize duplication between New Hampshire’s regulatory network and the
Corps’ regulatory program. Subject to certain exclusions and conditions,
the PGP eliminates the need to apply for separate approval from the Corps
for most minor, non-controversial work in New Hampshire when that work is
authorized by the New Hampshire Department of Environmental Services (DES)
Wetlands Bureau.
The PGP is issued every five years, with
the current one set to expire on June 2, 2007. In anticipation of this
expiration, the Corps issued the draft PGP mentioned above and provided
copies of the document to various government agencies as well as to
members of the public, the intent being to provide the opportunity for
comment from any and all interested parties. Additionally, the Corps
recently held a public meeting in Concord at which testimony was heard
from a number of parties.
The AGC of NH has carefully reviewed the draft of the
new PGP and also attended the public meeting, which took place April 11.
Following the meeting, the Association submitted written comments on the
PGP in the form of a letter to Greg Penta, who works n the Corps’
Regulatory Division and is based in Massachusetts. The letter touched upon
several items contained in the PGP draft, especially those that might have
a direct bearing on projects on which Association members might become
involved. Click
here to view a copy of the letter. This letter was also sent
to DES Commissioner Thomas Burack. For a copy of the full draft report, click
here.
2006
Annual Report
The AGC of NH published it's 2006 Annual
Report.
Click
here to view a pdf. version.
Special
Meeting with Air Resources Asphalt Producers
The
New Hampshire
Department of Environmental Services (DES), Air Resources Division is
working on updating air permits for devices with air pollution control
equipment. Asphalt plants and aggregate dryers are one of the
categories that we are updating. DES has prepared a draft of
monitoring requirements that they would like to discuss with asphalt plant
and aggregate dryer operators. To view this draft, please click
here.
DES has scheduled a meeting to discuss these requirements for:
Thursday, November 30, 2006
1:00 pm
New Hampshire Department of Environmental Services
29 Hazen Drive
Concord
,
NH
03302-0095
Room 113/114
If you plan on attending, please
notify us. DES would like a RSVP so they can notify the receptionist of
how many people they will be expecting. Please note that when you
arrive for the meeting, you will need to check in with the receptionist
and obtain a security badge/name tag.
AGC
Reviews DES Terrain Alteration Rules
The AGC Environment Committee recently
had the opportunity to review and comment on the proposed changes to DES’
Alteration of Terrain Rules. On October 10th the AGC submitted an
annotated critique along with suggested changes that emerged from a
lengthy discussion among the Environment Committee earlier this month.
The key points of our review are:
• Many of the proposed rule
additions/changes are of a technical nature and would be better presented
if they were extracted and included in a separate, technical manual.
• There should be clear provision for
the permit to be amended by the contractor after its initial issuance.
• The term "mining" lacks
specificity as used, and we suggest that the term "excavation"
or "excavating" replace "mining." This would be more
descriptive and would decrease the potential for misinterpretation.
• The AGC of NH has concerns with the
language that requires setbacks near impaired waters because there are
over 6,000 impaired waters in New Hampshire—most are impaired due to
Mercury and PH. The AGC would like to see language referencing waters that
are impaired due to contaminants other than mercury and PH.
The Environment Committee plans to
discuss this further with the Department later this month at a joint
meeting between representatives of the AGC and the Home Builders &
Remodelers Association of New Hampshire.
Click
here to view the letter to Ridgley Mauck at DES.
Click
here to view the Draft Alteration of Terrain Comments.
NH
Congressional Delegation Vote Records
Please
remember to get out and vote, encourage friends, family members, and
co-workers to share in this democratic opportunity.
By participating in the election, your district will be closer to
having a Representative who is informed and works with the construction
industry to strengthen our economy and create job growth within our
industry.
If
you are not sure of your candidate's stances on our important issues, below
are links to the vote records sites for New Hampshire's four congress
representatives.
Senator
Judd Gregg (R): http://www.bipac.net/incumbent_detail.asp?g=agc&leg_id_num=4559
Senator
John E. Sununu (R):
http://www.bipac.net/incumbent_detail.asp?g=agc&leg_id_num=8822
Representative
Jeb Bradley (R):
http://www.bipac.net/incumbent_detail.asp?g=agc&leg_id_num=4611
Representative
Charles F. Bass (R):
http://www.bipac.net/incumbent_detail.asp?g=agc&leg_id_num=4561
Members might also find this link helpful:
http://www.bipac.net/page.asp?content=toolkit_all_pages&g=AGC.
GET
OUT AND VOTE - HELP US BUILD A BETTER CONGRESS!
Active
NHDOT Construction Projects (Utility
Delays Survey)
Please click
here for a list of active NHDOT construction projects by Town (as
of May 30, 2006).
Please click
here for a list of active NHDOT construction projects by
Contractor (as of June 19, 2006).
Finally...
Uniform Truck Weights
Interstate same as State Highway including Tolerances
A year ago, AGC published
in the July 18th issue of the newsletter, that State and Federal
Legislation passed HR4818 which allowed increased vehicle weights on
Interstate 93. The article stated, "The new state law requires that
those increased weights must conform to the state regulations such as
certification of axle weights, fees, etc. The state law also references
the state vehicle weight statue, so the same tolerances would apply."
Shortly after the article was published, it came to AGC’s attention that
the Federal Highway had interpreted the laws differently. The Federal
Highway Administration (FHWA) informed New Hampshire State Police that no
tolerances would be allowed and that tickets would be issued.
Over the past year, NH Motor Transport Association and Congressman Jeb
Bradley continued to pursue clarification on how the law should be
interpreted. A copy of a letter from FHWA dated April 28, 2006, stating
that on I-89, I-93 and I-95 any applicable weight tolerance will be
granted, in accordance with a 1987 state law can also be found here.
Mechanic's
Lien Law Boot Camp
Available on the Web
Last month, AGC
of
NH
held a very successful Lien Law seminar in hopes
to educate members on
New Hampshire’s Mechanic Lien Law. Ken
Rubinstein, of Nelson,
Kinder, Mosseua & Saturley, instructed the course and presented
attendants with his booklet, titled Mechanic’s
Lien Law Boot Camp. His
publication outlined New Hampshire’s Mechanic Lien Law and focused on
topics such as the origin of mechanic’s lien, how mechanic’s liens
work, the effects of liens, who is entitled to a mechanic’s lien, nature
of improvements, contents, service and filing of a notice, completion of
contract, priority of liens, how to enforce a mechanic’s lien, as well
as many others. A copy of Ken Rubinstein’s Mechanic’s Lien Law Boot Camp booklet
is now available.
New
Proposed Water Rules
with Increased Reporting Requirements
Meeting
with Brandon Kernen & Rich Chorman to be held April 13th
On Thursday, April 13th at 2:30 PM, the AGC Environment
Committee will hold a meeting with special guests, Brandon Kernen and Rich
Chorman of DES Water Division to discuss and review the new proposed water
rules. Interested members are invited to take part in this meeting
to review the rules and see what this means for your company. The
rules may be viewed here.
Please contact Bobbie Hills at (603)
225-2701 with any questions.
Transportation
Choices for A Changing New Hampshire
Final
Report is now available.
In 2004, the New Hampshire Charitable Foundation and the New Hampshire
Department of Transportation (NHDOT) created the Community Advisory
Committee to develop a new long-range transportation plan for New
Hampshire. This first-in-the-nation "citizen's transportation
plan" is an effort to "put the customer in the driver's
seat" and serve the needs of NH's communities. Seasoned
transportation professionals and community advocates have come together to
explore how transportation can support public health, municipalities,
conservation, housing, business, children, and the mobility and access
needs of seniors and the elderly. It is a transformational plan, and NHDOT
needs your participation.
Attached is a memorandum
from the NHDOT, a meeting flyer with
the locations and time for the meetings, a copy of the "New
Hampshire Transportation Business Plan" findings and
recommendations interim report and an Executive
Summary of the findings and recommendations interim report. The
interim report has been modified based on the input received from the CAC
members.
The Public Meetings begin on March 21st and continue through April
13th. NHDOT is inviting CAC member participation in as many meetings as
possible, so that the members could get first hand public input on the
report. NHDOT is suggesting the next meeting of the CAC on May 12, 2006 at
1:00 PM to discuss public input and decide on changes to the report as
appropriate.
New Hampshire faces hard decisions. However, it can only be a citizen
plan if you participate. Please join NHDOT to discuss how transportation
can help build better communities and preserve our unique way of life.
New
Alteration of Terrain Rules
Meeting
with Ridgely Mauck to be held March 16th
On Thursday, March 16th,
at
2:30 PM
, the
AGC
Environment Committee will hold a meeting with special guest, Ridgely
Mauck of
DES
to discuss the new Alteration of Terrain rules.
Highway and Building Contractors are invited to take part in this
meeting to review the new proposed rules and see what this means for your
company. A copy of the
Alteration of Terrain rules can be found here.
Please contact
Bobbie
Hills
at
(603)
225-2701
with any questions.
Construction Materials Post
Double-Digit
Rises While Consumer Prices Remain
Moderate
On October 25, Ken Simonson, chief economist of AGC of
America issued an analysis of the cost of construction from 2001 to 2005
which examines reasons for the dramatic rise in construction costs in the
past two years as compared to the general rate of inflation. Simonson
compares two common inflation measures, the consumer price index for all
urban consumers (CPI-U) and the producer price index (PPI) for finished
goods, against a variety of PPIs for construction materials and groupings
of materials and finds that, "in general, consumer prices have
remained very moderate through the entire period, although they have
accelerated in the past two years as oil prices have set new records…In
contrast, construction costs have risen dramatically in 2004, 2005, or
both, after having moved similarly to the overall PPI in the previous
three years." Simonson’s five page report includes this information
in charts such as the following:
Hurricanes Katrina and Rita struck especially hard at
the supply of construction inputs ranging from diesel fuel to plastics to
cement. Katrina also interfered with imports of cement and natural rubber,
and the hurricane damaged plants that produce gypsum, lumber, and plywood,
and liquid hydrogen for galvanizing steel. Contractors that had not locked
in materials prices were caught by surprise and had to absorb huge,
unexpected cost increases. For
a full copy of Simonson’s Construction Inflation Alert, go to the
following link: Construction
Materials Report. For a copy of AGC of America's Press Release, click
here: Construction
Materials Press Release.
Recommended
Restraint for Cone Set Up and Retrieval
At the recent AGC MUTCD
and Cone Placement Seminar, representatives from the FHWA and OSHA
discussed a variety of issues related to traffic control and safety.
One
of the slides presented during the seminar is shown below.
The picture shows a safety restraint that satisfies OSHA
requirements for
individuals picking up traffic cones from the back of a pick-up truck.
AGC
Update Now Available by E-Mail
For those of you who may not like papers cluttering your desk, AGC is
helping to clear the clutter away! The
AGC Update is now available by e-mail, to those of you who like the
convenience of digital mail! AGC
promises to bring you the same quality news and information, just in an
easier one-click format. If
you are currently receiving our newsletter and would like to begin
receiving a digital copy of the AGC Update, simply e-mail
your request.
Download
this sample version of our February 14th edition of the AGC Update now!
If you would like to receive a copy of our newsletter through email,
please contact the office.
If
you currently do not have Adobe Reader, please
download a free version by visiting http://www.adobe.com/products/acrobat/readstep2.html.
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