Summer 2007 - California Framing Contractors Association

2007 Board
Members
California Framing
Contractors
Association
Bill Dickinson
President
County Line Framing
Craig Backstrom
Secretary
Surco Development
Joseph L. Bunker
Treasurer
B&B Framing, Inc.
Mark Benedetti
Board Member
SelectBuild
Southern California
Wayne Carey
Board Member
C.W. Construction
Dale DeCarlo
Board Member
Preferred Framing, Inc.
James Elliott
Board Member
Trico Framers, Inc.
Frank Mercier
Board Member
Lucas & Mercier Co.
Bill Montalvo
Board Member
Mon-May Enterprises, Inc.
Donna Porter
Board Member
Coast Framing, Inc.
Thomas Rhodes
Board Member
T.W.R. Framing
John Romero
Board Member
JR Framing, Inc.
Valerie Smith
Board Member
Stevco Framers
John Volkman
Board Member
SelectBuild
Northern California
John Williams
Board Member
Rancho Framing, Inc.
Committed to improving our industry through safety,
training, education, and being proactive politically.
To protect and improve our future for the next generation.
CFCA Newsletter
Inside this
issue:
President’s
Message
Associate
Spotlight –
Hardy Frames
Pg.1
Pg.2
Associate
Pg.3
Spotlight – Simpson
Strong-Tie
Associate
Pg.4
Spotlight – USP
Structural Connectors
From the Desk
of Jodi Blom
Pg.6
California Housing
Marketing Trends
Pg.8
Accident
Prevention
Pg.7
Harris:What It
Means For The
Trade Contractor
Pg.9
CALPASC
Pg.11
OCIE News Desk
Heat Illness
Update
Pg.12
Legislative
Update
Pg.14
Construction
Pg.13
Industry Doesn’tThink
Cal/OSHA Has Regulatory
Revision on Pneumatic
Guns Quite Nailed
Safety
Pg.15
Committee Update
Home Builders Pg.16
Council Design Build
Competition
The articles in this newsletter are intended
to be used for informational purposes only
and not intended to be legal advice. CFCA
recommends that the reader seek advice of
individual legal counsel or expert consulta-
tion regarding any newsletter article’s applicability to one’s organization.
Volume 4, No. 2 - Summer 2007
President’s Message:
The CFCA continues to develop products and services that help our members
in safety and compliance so you, in turn,
can focus your time and attention to running your business. Our industry continues to be regulated by the multiple governmental agencies, both at the federal
level and the State level. The CFCA continues to collaborate with other industry
organizations to provide our industry
with a united voice in Sacramento. We
also believe that by collaborating with
the agencies in Sacramento, we have
been able to arrive at regulatory language that is clear and practical. This
was first realized when the new fall protection standard was passed a few years
ago and with the most recent regulation
for pneumatic nailers.
We have worked with industry organizations such as the RCA and CALPASC
over the past three years to develop a
Cal/OSHA Standard for pneumatic nailers that is understandable, clear, and can
be easily implemented by framing contractors. When we first looked at the
proposed language, which was intended
to clarify the ambiguity in the existing
regulation on pneumatic nailers, it was
apparent we needed to be at the table to
insure that the Standard would be
understood by the business owner.
The Cal/OSHA Standards Board met on
June 21st to hold the public hearing for
the proposed standard on pneumatic nailers. After much deliberation during the
year’s preceding Advisory Committee,
there was unanimous agreement on the
language changes. However, when the
language was drafted, a couple of items
were added that brought back the ambiguity that we had worked so hard to correct surrounding the issue of “unattended” nailers. The CFCA and CALPASC
made compelling arguments during the
public testimony to the Standards Board
that was well received. Thank you to
Kevin Bland for all his hard work in
coordinating this effort and his testimony
at the June 21st meeting. I would also
like to thank Alex Mercier of Lucas and
Mercier, Mark Kasel of SelectBuild, and
Jodi Blom for their testimony during this
meeting. The Chairman of the Standard’s
Board, Chairman MacLeod, instructed
staff to come back with a resolution for
the next meeting that will be held in San
Diego on July 19th that would delete the
questionable language.
In addition to representation at the
Cal/OSHA meetings, the Safety
Committee has been working very hard
to develop the Cal/OSHA 8 Elements of
Safety for Residential Framing and was
approved by Cal/OSHA this past month.
Thank you to Rudy Lopez, Safety
Director for County Line Framing, for
his many hours in developing a training
program that was so well received at the
first train-the-trainer program in
Southern California last month. Sixteen
safety professionals were trained in this
program, including trainers from one of
our Associate member companies,
Safety Compliance. If you need your
foremen trained and do not have a
trained internal safety professional that
can provide this training, please contact
Safety Compliance at (951) 924-7926.
Check out our website:
www.californiaframingcontractors.org
Page 2
Associate Spotlight – Hardy Frames
eliminates problems associated with standard
plywood shear walls and provides a pre-fabricated system that has been built under rigorous quality control standards. The system
offers building professionals greater strength,
larger cost savings, and easier installation
than any competitive product on the market.
The Hardy Frame® is a light gauge steel
shear wall system that is designed and tested
to support gravity loads and to resist lateral
loads resulting from wind or earthquake.
Hardy Frames, Inc. has always been the
leader in the pre-fabricated shear wall industry. In fact, the Hardy Frame® Shear Wall
System was the first code approved pre-fabricated shear wall panel on the market, the first
to be recognized by ICBO-ES and LA City,
and the first to gain approval for multi-story
applications. Today, the Hardy Frame® is
the first pre-fabricated shear wall panel that is
recognized by the three major building codes:
UBC, IBC, and IRC.
The Hardy Frame® Shear Wall System
In January of 2006, Hardy Frames, Inc.
joined forces with SidePlate Systems, Inc. to
develop a standardized Moment Frame for
the residential and light commercial industry.
The Hardy Frame® Moment Frame is a
state-of-the-art, pre-fabricated, pre-engineered system that utilizes the new-generation SidePlate® moment connection technology to resist lateral forces. This breakthrough
system allows buildings to be designed with
larger openings and less wall area while
exceeding the most stringent building code
requirements for moment frame construction.
The performance of the SidePlate® system is
now nationally recognized and is the first
code-approved moment connection to be prequalified by ICBO-ES, ICC-ES, and LA City.
CFCA Newsletter
This connection now has a history of extensive use in hospitals, government buildings,
and other heavy steel frame applications. This
same technology is now available and affordable for use in residential and light commercial applications as the first pre-engineered
and pre-fabricated moment frame system.
Our mission is simply to provide the safest
and most cost effective solutions to all of the
shear and braced wall challenges facing the
building industry. We strive to accomplish
this by adopting a process of constant
improvement – continuously seeking ways to
improve our operations, our products, and
our services.
All of the Hardy Frame® products are available through local lumber yards and hardware stores. Please give us a call at (800) 7543030 today to find out how the Hardy
Frame® Shear Wall System is the perfect
solution to your shear and braced wall needs.
For more information, please visit our website at www.hardyframe.com.
CFCA Newsletter
Associate Spotlight – Simpson Strong-Tie
For more than 50 years, Simpson StrongTie has led the industry in products that
strengthen the structural integrity of
homes and buildings. Our products and
research are recognized for increasing a
structure's resistance to seismic and high
wind forces. Simpson works with builders,
framers, engineers, code officials, and
homeowners across the U.S. to provide
products that reinforce the structural frame
of a house, making it stronger and safer.
Once the hanger is installed on the
header, the I-joist is simply snapped
down into place. The new StrongGrip™ seat and Funnel Flange™ allow
standard installation without joist nails.
The ITS design results in the lowest
installed cost compared to other hangers. It also maintains superior download
capability equal to or greater than the
ITT for Douglas Fir and all SCL headers. The ITS can be used with most current I-joist sizes and with flange thicknesses from 1 1/8" to 1 1/2".
• New SDS Screw with Double-Barrier
Coating
Simpson’s new and improved SDS
Screw features a 4CUT™ tip that virtually eliminates wood from splitting during installation. The screw also comes
with a new double-barrier coating that
has corrosion-resistant properties superior to hot-dip galvanization. Builders
can now use SDS screws for interior,
exterior, and pressure-treated wood
applications.
Simpson’s core structural connector products, such as joist hangers, hurricane ties,
straps and holdowns, are used by contractors on jobsites every day. Simpson also
has several featured product lines, including prefabricated shearwalls (Wood
Strong-Wall® and Steel Strong-Wall®),
Anchor Tiedown Systems for multistory
structures, Anchor Systems for concrete
and masonry, and Quik Drive® screw
driving systems. These products help the
company offer a whole-system approach
to building design.
• Concealed-Flange Joist Hanger for
Decks and Patios
The new LUCZ concealed-flange joist
hanger for 2x lumber provides cleaner
lines for visible applications, such as
second-story decks and patio covers.
Unlike typical face-mount hangers, the
LUCZ is narrower, allowing joists to be
installed flush with the end of a ledger
or header.
New Products for 2007
designed and built. The Tyrell Gilb
Research Lab in Stockton, California, has
highly specialized equipment that tests a
structure’s ability to resist earthquakes,
high winds, and other natural disasters.
Full-scale structural components are tested
using the lab’s seismic shake table and
cyclic/static test frame.
Simpson also has branch labs located
across the U.S. that address regional construction issues to service local customers.
Customers frequently ask Simpson to perform tests to help resolve installation
issues that arise on the jobsite.
Commitment to Service
Simpson is committed to providing value
to its customers. Simpson employees are
often at jobsites providing installation
training or answering a customer call
through its 24-hour technical support. The
company also offers a variety of educational classes and workshops to help customers with product installation and code
requirements.
Simpson Strong-Tie is proud to support
our California customers and the
work they do in the field each day. To
learn more about Simpson Strong-Tie,
visit
www.strongtie.com
or
call
(800) 999-5099.
Simpson Strong-Tie continues to introduce
products that result in easier and faster
installation. We’re able to do this through
our ongoing laboratory research and the
feedback we receive from customers in the
field. Here are some of the new, time-saving products available this year.
• Top Flange Joist Hanger Requires
Fewer Nails
The ITS is a new engineered wood top
flange joist hanger. It’s easier and faster
to install because it uses fewer nails
than any other hanger for wood I-joists.
Page 3
Research & Jobsite Support
Simpson’s research and laboratory facilities are dedicated to developing new products that improve the way structures are
Page 4
Associate Spotlight – USP Structural Connectors
The Gold Standard of Corrosion
Resistance - USP Structural Connectors’
Gold Coat connectors provide high performance corrosion resistance for outdoor
construction with pressure treated wood.
used in modern, pressure-treated wood.
This is a critical, new development as
products such as anchors, hangers, and
framing angles as well as their fasteners
(nails, screws, and bolts) are more quickly
corroded by the chemical reaction with
today’s pressure-treated wood products.
Since the banning of arsenic in pressure
treated wood products, manufacturers
have turned to increased quantities of copper used to prevent decay in pressure treated lumber commonly used in deck construction and other outdoor building applications. While the use of copper is more
environmentally friendly than arsenic, the
end result is a product that more readily
corrodes steel.
USP Structural Connectors, a Gibraltar
company, has developed a new double barrier protection (Gold Coat – a proprietary
organic polymer coating) for its connection products that is engineered to resist
the corrosive properties of the chemicals
The end result of this corrosive environment is more quickly damaged connectors
that cause decreased load values and shortens a structure’s lifespan. The common
solution used by connector manufacturers
to slow corrosion was to increase the quantity of galvanization rather than adding a
layer that prevents the electrochemical
CFCA Newsletter
reaction with copper and zinc (the primary
galvanizing product).
Testing conducted by a third party laboratory and in connection with Michigan
State University has shown that over a
120-day exposure to copper, the Gold Coat
barrier had a rate of corrosion that was as
much as 65 percent less than steel coated
at the G90 standard and as much as 60 percent less than steel coated at the G185
standard.
USP currently produces 25 Gold Coat connection products – primarily connectors
used in deck construction, but plans are to
add more connection products as the need
for greater corrosion protection includes
anywhere a corrosive environment exists
such as in docks where high moisture is a
concern and where pressure treated wood
meets concrete in building construction.
To find out more about USP Structural
Connectors, its Gold Coat products
and testing as well as its entire line of
structural connector products, go to:
www.uspconnectors.com.
™
The FutureFlash System Helps
Prevent Unwelcome Guests
Pictured: Stachybotrys chartarum (toxic mold)
Wind, rain, and ice aren’t the only unwelcome guests trying to enter your home! Intruders such as
toxic mold* and mildew have been linked to serious health problems, not to mention expensive
remediation. That’s why it makes sense to invest in the FutureFlash™ Window Sealing System before
the siding material goes on. Patented FutureFlash™ Waterproof Membrane and FutureFlash™ Sealant
create a state-of-the-art barrier designed for use with all siding materials, but especially traditional
stucco, where significant through-wall moisture movement can occur. Installed as directed, the
FutureFlash System protects against leaks and interior damage, yet the unique “weep”
characteristic of the system lets the structure breathe. Moisture drains away – wall
cavities stay drier – and that helps discourage “unwelcome guests” from moving in!
With FutureFlash, what belongs outside stays outside!
MFM Building Products Corp.
P.O. Box 340
Coshocton, OH 43812
800-882-7663
by Schnee-Morehead, Inc.
111 N. Nursery Road
Irving, TX 75060
800-878-7876
*To obtain the most up-to-date information for preventing mold, mildew and bacteria growth, consult your state and Federal environmental and health departments for recommended guidelines.
Page 6
From the Desk of Jodi Blom
Trade Issue Response Committee
The name itself is a mouthful. Recently,
we formed a committee to address issues
that arise with other trade contractors. For
instance, the Residential Drywall
Association wrote an article in the RDA
Bulletin making suggestions to the
builders on how to fix problems with
uneven surfaces caused by building code
changes that have required increased strapping. They say that the increased use of
these straps has created an industry-wide
problem of installing and finishing drywall, of which the problem is most acute
on ceilings where angled lighting magnifies the inconsistencies. The RDA recommendations outlined in the letter would
impact the framing activities. This committee is currently addressing each of the
points raised in the letter to offer up alternative solutions for builders. When this
letter has been completed, I will send it out
to all of you.
CFCA Newsletter
Safety Committee
Rudy Lopez from County Line Framing
has served as the Chairman of our Safety
Committee and has worked diligently with
the Safety Center and Cal/OSHA in
Sacramento
to
the
Cal/OSHA-8
Residential Framing training courses,
which was approved by Cal/OSHA
Consultation a couple of weeks ago. Trainthe-trainer programs will be held in both
Northern California and Southern
California. Please visit the CFCA website
for those dates. Open enrollment classes
will also be held in both Northern
California and Southern California. Thank
you to Rudy Lopez and Kevin Bland for
all of their hard work to get this training
developed and approved by Cal/OSHA
Consultation in record time.
Fed/OSHA recognized California as one
of the leading States for improving safety
in residential construction. Cal/OSHA in
turn recognized the efforts of the CFCA
for our pneumatic nailer study that we conducted and this training program.
Website
This is a reminder that our CFCA website
(californiaframingcontractors.org) contains copies of our current newsletter, safety materials developed by the CFCA,
Associate Member information, copies of
past newsletters, and information that was
distributed to members throughout the past
few years. We also have the dates, times,
and locations of our meetings posted on
the website. If you have forgotten your
password for the membership-only section
of the site, please contact Melanie
Thomson, our CFCA Membership
Coordinator, at (916) 435-8525 or e-mail
her at [email protected].
We also post our meeting dates on the site
so you can start planning your year.
Jodi Blom can be reached at
(916) 485-3367 or [email protected]
CFCA Newsletter
Accident Prevention
Webster defines an accident as an unforeseen and unplanned event or circumstance.
It goes on to define it as an “unfortunate
event resulting especially from carelessness
or ignorance.” Instead, I believe that we can
educate our employees to work safely so
that an accident does not “just happen.”
We have found that accidents happen for a
variety of reasons. Sometimes the supervisor did not take the necessary time to
insure the employee knew how to use a
particular tool or how to use it safely.
Sometimes the supervisor did not enforce
the safety rules that they observed being
violated. And then other times the employee took a shortcut, or even worse, removed
the safety device from the piece of equipment or tool they are using.
Training your employees to work safely
and training your supervisors to watch for
unsafe practices and circumstances is the
key to reducing exposure to injury. If you
Page 7
observe an unsafe practice, take the time to
re-train that employee immediately on
how to use the tool safely. Chances are that
employee has previously performed this
unsafe act.
My advice is to continually train your
supervisors to go hunting each and every
day for unsafe practices or circumstances.
Instill in your supervisors a mindset that
they should first go hunting when they
arrive at the job site in the morning. For
example, explain to them that they need to,
see what they hear. If they hear a tool,
look at how it is being used. Glance at and
see things. When they see an unsafe act,
document what was done about it. Ask
yourself, do I have a discipline problem
here or is it a training problem. My advice
is to re-train the individual, discipline if
necessary, and always document what corrective steps you took.
Preventing accidents requires “due dili-
gence.” This in itself can be mentally challenging for some. Be prepared to repeat
yourself often.
Review accidents, infractions, and training
and safety related terminations during tailgate meetings. This will inform your
supervisors that you are serious about safety on the jobsite.
As a member of the CFCA Safety
Committee, we are developing tailgate
trainings for the CFCA members and will
post them on the CFCA website. We hope
that you will find this of value in educating
your supervisors and crews to avoid accidents in the future.
Gene Bolton, Loss Prevention, Pinnacle
Builders, Inc., 3620 Industrial Blvd.,
Suite 10, West Sacramento, CA 95691;
telephone (916) 372-5000
Page 8
California Housing Market Trends
At the national level, employment numbers
remain robust and the unemployment rate
continues to come in below five percent.
However, an optimistic employment picture
and healthy economy does not translate to a
happy housing market. National building
permits, which peaked in 2005, are down
and home sales are off 20% when comparing total sold in 2005 and 2006. Likewise,
national new-home inventory levels have
increased 77% from 2001 through 2006,
and while the month of April has seen an
increase in new home sales activity nationwide, pricing continues to drop.
Like the rest of the country, California continues to do well economically by posting
strong employment numbers, accelerating
growth and a general positive feeling about
the future. However, building permits
throughout the State have declined 24.2%
when comparing 2005 and 2006 annual
numbers, an 18.9% decline in Southern
California. Affordability remains an issue,
with the average California new home price
reaching $553,118. In Northern California,
the average base price for a new home is
$506,904, and the average price is $644,709
in Southern California. In the final months
of 2006 and into January and February of
this year, there were some positive signs
from the new home industry. Traffic numbers were up, sales had increased from previous months, and there was a general sense
of optimism.
So, what changed between February and
March that has created the current sluggish
market conditions? One of the major influences on those buyers previously engaged
in the market has been the consequences of
the creative lending atmosphere that permeated the industry during the heady days of
quick sales and dramatic price escalation.
One of the main questions being asked
today is what will the effect of all the creative financing options exercised during the
boom years of the early 2000s have on the
continued health of the new home industry?
In 2006, a substantial number of new home
loans in the State of California were subprime and Alt-A. These loans were typically made to buyers unable to qualify for a
traditional loan and included interest-only,
CFCA Newsletter
stated income, negative amortization,
piggy-back loans, and no-doc loans. In
addition, many buyers who took advantage
of the creative financing opportunities
were also 100% financed with no money
down. This statistic, combined with the
rapid increase in foreclosure rates, indicates that stabilization of the new home
market may be further off than initial estimates suggested.
The effect has been a tightening of the lending environment, which has resulted in the
elimination of many potential buyers from
the pool of available buyers. In addition,
buyers who entered escrow in January or
February are now being kicked out because
they no longer fit within the new lending
standards. The net effect of the more stringent lending regulations has been a
decrease in the number of qualified buyers
in the new home and resale home markets.
Nationally, analysts tend to fall into one of
two camps regarding the effect of the lending environment on the housing industry. In
the first camp, there is a feeling that the
Continued on Page 18
CFCA Newsletter
Harris: What It Means For the Trade Contractor
The Occupational Safety and Health
Appeals Board’s (“Board”) recent decision
in the Matter of the Appeal of Harris
Construction Company, Inc. has been herald by the general contractor’s industry for
its broad proposition that general contractors should not be cited for the safety violations of their subcontractors. For years,
the Division of Occupational Safety and
Health (“Division”) has had the power to
cite a general contractor for a violation of
a safety standard as the controlling
employer. However, the criteria required
of a general contractor to be liable as a
controlling employer has never been properly explained. Add to that the special
dynamics of a construction project with
multiple trade contractors working simultaneously, all contractors were at the
mercy of the Division in its determination
of whether it would be held to be a controlling employer and liable for the safety violation of its trade contractors or if a trade
contractor was liable for the safety violations of a sub-subcontractor.
This regime was confirmed in Overaa
Construction v. California Occupational
Safety and Health Appeals Board, (2007)
147 Cal. App. 4th 235, where the Court of
Appeals seemingly affirmed the proposition that a general contractor could be held
liable for a general safety violation as the
controlling employer despite the general
contractor having no knowledge of the
violation and without availability of the
defense of due diligence. This appeared to
impose strict liability on general contractor for the general (for serious violations, a
general contractor may still avail itself of
the reasonable due diligence defense) safety violations of their subcontractors.
The Board reversed course in its decision
in the Matter of the Appeal of Harris
Construction Company, Inc. In its decision, the Board attempts to clarify the definition of a controlling employer and revisit the proposition of strict liability for general contractors.
While the Board has not laid down a bright
line rule for employers to determine if they
are controlling employers, three general
Page 9
concepts can be gleaned from the Harris
decision. The first and most important is
that there must be some relationship or
nexus between the general contractor’s
role and responsibilities and the alleged
safety violations. Thus, if a general contractor is aware or can anticipate a hazard,
it must take steps to correct the safety issue
involved. Or if the safety violations
involve other subcontractors then the general contractor should also take steps to
rectify the safety issue. Simply put, there is
no strict liability for the general contractor
and the Division must prove some degree
of culpability of the general for the safety
violation.
The second is that the general contractor
may avail itself of the defense that the
safety violation occurred at a time and circumstances which deprived it of a reasonable opportunity to detect and prevent it.
Thus, the general contractor could argue
that it had no knowledge of the alleged
safety violation. While typically, employer
knowledge is not an element of a general
Continued on Page 15
“Working at Heights”
Safety Manual
Avoid Injuries... Teach Safety!
A must-have safety resource
manual for every employee
working at heights.
Order now for your next safety meeting. All employees
should have one!
Available in black & white at $6.50 each
or full-color at $16.50 each.
Topics In This Manual Include:
• General Safe Practices
• Hanging Joist
• Installing Trusses
• Installing Fascia
• Sheeting
• Wall Framing
Compiled By California Framing Contractors
To Order Please Call:
(909) 989-8550
and we will customize
your Safety Manual
cover with your
company name, logo,
etc. at no additional cost.
CFCA Newsletter
CALPASC OCIE News Desk
In the coming months, CALPASC will be
working on aligning all of the chapters
throughout the State by providing a
statewide educational calendar. The goal
of the statewide calendar is to have all
CALPASC chapters providing the same
basic educational programs for all members throughout the State.
The new educational calendar will incorporate different vehicles for each chapter to
utilize in providing educational content for
their members. These vehicles include the
CALPASC Resource Center, Webinars,
Staff Councils, and Live Seminars.
CALPASC Resource Center
The Resource Center will offer members
an introduction to a variety of topics
including Wraps, Contracts, Customer
Service, Safety, and more. These introductory sessions will be approximately 30
minutes in length and will have a comprehension test at the end of each section to
promote retention of the information.
Members can use the Resource Center for
basic education purposes.
Page 11
Webinars
Webinars will innovate how we currently
offer educational content, giving employees the opportunity to learn in an interactive forum without ever leaving their desk.
This will provide a solution for those members whose ability to participate in live programs is limited. The Webinars will provide the most up-to-date information for
members and will be more complex than
what is offered through the Resource
Center. Webinar topics will include Wraps,
Contracts, SB 800, and more.
Staff Councils
Staff Councils are a primary source of education for members’ staff. These councils
will be provided regularly throughout the
State from once a quarter to every month.
Staff Councils include: Contract Council,
Customer Service Council, Finance
Council, Human Resources Council, and
Safety Council.
Live Seminars
CALPASC will continue to provide live
seminars where members can come and
hear information firsthand and network
with their fellow members. Each chapter
will provide the same themed seminars to
ensure cohesiveness throughout the State.
Upcoming Meeting Dates
Wednesday, July 25th
Contract Council Meeting
Wednesday, August 1st
Human Resource Council Meeting
Thursday, August 23rd
Safety Council Meeting
Friday, November 2nd
Annual Banquet
Thursday, November 29th
Quarterly Dinner – Economic Forecast
For more information about CALPASC,
please either call or e-mail Beth Curran,
CALPASC OCIE Executive Director,
at (866) 320-7272(PASC) or
[email protected].
Page 12
Heat Illness Update
As we approach the hot summer
months, this is a reminder to employers
of the need to conduct training for prevention of heat illness within your
training topics. Some of the items
(those that are underlined below) must
been in writing.
(1) Employee training. Training in the
following topics shall be provided to
all supervisory and non-supervisory
employees.
(A) The environmental and personal
risk factors for heat illness;
(B) The employer’s procedures for
complying with the requirements of
this standard;
(C) The importance of frequent consumption of small quantities of
water, up to four cups per hour, when
the work environment is hot and
employees are likely to be sweating
more than usual in the performance
CFCA Newsletter
of their duties;
(D) The importance of acclimatization;
(E) The different types of heat illness
and the common signs and symptoms
of heat illness;
(F) The importance to employees of
immediately reporting to the
employer, directly or through the
employee’s supervisor, symptoms or
signs of heat illness in themselves, or
in co-workers;
(G) The employer’s procedures for
responding to symptoms of possible
heat illness, including how emergency medical services will be provided should they become necessary;
(H) The employer’s procedures for
contacting emergency medical services, and if necessary, for transporting employees to a point where they
can be reached by an emergency
medical service provider;
(I) The employer’s procedures for
ensuring that, in the event of an
emergency, clear and precise directions to the work site can and will be
provided as needed to emergency
responders.
(2) Supervisor training. Prior to assignment to supervision of employees
working in the heat, training on the following topics shall be provided:
(A) The information required to be
provided by section (e)(1) above.
(B) The procedures the supervisor is
to follow to implement the applicable
provisions in this section.
(C) The procedures the supervisor is
to follow when an employee exhibits
symptoms consistent with possible
heat illness, including emergency
response procedures.
Continued on Page 22
CFCA Newsletter
Page 13
Construction Industry Doesn’t Think Cal/OSHA Has Regulatory Revision on Pneumatic Guns Quite Nailed
If a regulatory revision on pneumatic nailer safety that is about to be proposed by
Cal/OSH Standards Board were a tool in
the hands of a carpenter, it would misfire,
or so it would seem based on the sentiments of construction industry safety professionals.
Proposed revisions to Construction Safety
Orders Section 1704 haven’t even been
published for public comment yet but
industry representatives say they expect a
package that departs from consensus recommendations from an advisory committee. But the committee chairman says that
the board never promised the language
change in question and that in any event,
there is plenty of time to consider modifications during public comment.
All sides agree that changes are needed to
the safety order to prevent carpenters who
use pneumatic nailers from shooting themselves or coworkers. California’s Division
of Occupational Safety and Health investigated several dozen incidents between
1984 and 2004, and has identified a num-
ber of main causes of such incidents. All
but six of the incidents occurred in construction.
The highest number of incidents involved
ricochets, where a nail struck a harder surface after being shot and hit a worker. The
20-year period studied saw 11 such incidents. The next-highest involved “bouncefire,” when a worker keeps the trigger finger depressed and there is inadvertent contact. DOSH identified 10 of these incidents.
Six incidents were caused by workers
pulling or tripping on air hoses, causing
them to lose control of the equipment.
Other causes included moving to another
work location with a nailer, missing the
surface intended to be nailed and striking
the worker or a co-worker, and two cases
that remain unidentified.
But there were no cases that involved a
worker leaving a nail gun unattended with
the air hose connected. Unattended nailers
are at the heart of the budding controversy
between industry and the board. Language
offered to the advisory committee, which
last met in June 2006, would have required
that all pneumatically driven nailers and
staplers be disconnected from their air supply when left for a “substantial period of
time,” such as during breaks or between
shifts.
Disconnection also would have been
required when an operator left the working
level where the tool was, or was more than
25 feet from it, or it was out of the operator’s sight. Nailers and staplers additionally would have been required to be disconnected when they were being moved from
level to level on ladders or being hoisted.
Advisory committee members objected to
these provisions and there was consensus
to have them removed, according to attorney Kevin Bland, who represented
California
Framing
Contractors
Association (CFCA) and Residential
Contractors Association. The agreed-on
version would require disconnection only
when a worker is performing maintenance
or repairs on a tool or when clearing a jam.
Continued on Page 28
Page 14
Legislative Update
1. SB 195 (D-Calderone) This bill
would require the owner, developer,
or general contractor of a construction project who proposes or obtains
a wrap-up insurance policy to provide to each subcontractor under the
wrap-up prior to commencement of
work disclosures and documents
regarding that policy. (Support)
2. AB 510 (R-Benoit) This bill would
permit an individual nonexempt
employee to request an employeeselected flexible work schedule providing for workdays up to 10 hours
per day within a 40-hour workweek.
Employers would not be obligated to
pay overtime compensation. Existing
law requires overtime compensation
for hours worked over 8 hours per
day or over the 40 hour work week.
(Support)
3. AB 1212 (D-Nunez) This bill would
require the Administrative Director
CFCA Newsletter
of the Division of Workers’
Compensation to revise the schedule
for the determination of permanent
disability ratings on or before
January 1, 2009, which would
increase to cost of workers’ compensation. (Oppose)
4. SB 1014 (D-Kuehl) Imposes an additional tax on wages of an employee to
be paid by both the employee and his
or her employer for health care coverage. In essence this is a tax for
socialized health care. (Oppose)
5. AB 8 (D-Nunez) Imposes an unspecified payroll tax on small employers
that cannot afford health care coverage. The bill would create, as of
January 1, 2009, the California
Cooperative
Health
Insurance
Purchasing Program (Cal-CHIPP)
which would function as a purchasing pool for health care coverage by
employers to be administered by the
Managed Risk Medical Insurance
Board. (Oppose)
6. AB 1711 (Introduced by Committee
on Labor and Employment) Existing
law requires the Director of
Industrial Relations to prepare and
submit to the Legislature an annual
report containing specific information on the activities of the Division
of Occupational Safety and Health
Standards Board. This bill specifically adds that the report include a summary of activities of the advisory
committees. Currently advisory committees are made up of representative
groups that would be affected by new
regulations on workplace safety. The
advisory committee makes recommendations to the Standards Board
for adoption. Last year legislation
was proposed that would have negatively impacted the authority of the
advisory committees. We are conContinued on Page 29
CFCA Newsletter
Safety Committee Update
Currently, the CFCA Safety Committee is
working on tailgate meeting topics.
Members are submitting tailgate agendas.
These agendas will be consolidated and
categorized by topic and made available to
CFCA members. Access to framing specific, organized information will prove to be
a valuable training tool.
On May 7, 2007, Cal OSHA Consultation
approved Cal OSHA 8 Training for
Residential Framing. This goal was accomplished through the combined efforts of
CFCA members and the Safety Center.
CFCA Safety Committee Chair Rudy
Lopez, Risk Manager of County Line
Framing, spent hundreds of hours coordinating and researching this project. Thanks
for all the long hours, Rudy. The result: a
concise, relevant, and comprehensive training program tailored to the residential framing field supervisor. This trade specific template can be used by any trade. Framers are
trendsetters on the jobsite, and now through
the CFCA, are setting trends industry wide.
By Alex Mercier, CFCA Safety Committee
Co-Chair; Lucas & Mercier Construction
Director of Safety
Harris: What It Means For the Trade Contractor
Continued from Page 9
violation, the Board held that in multiemployer worksite situations, a greater
analysis is required than a general violation in other contexts.
The third is that a general contractor will
not be penalized for being safety-minded
by retaining control to correct safety violations. Obviously, if a general contractor
retains the control, contractually or otherwise, to correct safety violations then it
must be vigilant in that duty. However, a
general contractor will not be held responsible for safety violations based solely on
this control.
Simply put, Harris does not imply that
general contractors are no longer liable for
the safety violation of the trade contractors
but merely places an onus on the Division
to prove a degree of culpability on the part
of the general contractor before issuing a
citation. Trade contractors should not be
worried that general contractors will be
less safety-conscious after the Harris decision as they can still be liable for the safe-
Page 15
ty violations of their trade contractors,
however, the Division will need to prove
conduct of the general contractor which
will warrant issuance of a citation.
Kevin Bland and Rick Lam are with the
law firm Granado Bland, APC. They can
be reached at (949) 861-4100.
Thank you to our
Underwriters:
B&B Framing, Inc.
County Line Framing
Lucas & Mercier
Construction
Preferred Framing, Inc.
Rancho Framing, Inc.
Select Build
T.W.R. Framing
Trico Framer, Inc.
Home Builders Council Design Build Competition
Recently, the CFCA was a sponsor for the HBC Design Build
Competition. In addition to the CFCA sponsorship, many of our members
contributed construction materials for this event. We would like to give a
special thank you to those companies who contributed: C.W.
Construction, Hondo Construction, Las Plumas Lumber & Truss, and
Reliable Wholesale Lumber.
The Home Builders Council (HBC) is a professional organization whose
mission is to provide grants to programs that educate students about
careers within the building industry and to provide scholarships to building industry professionals who seek to enhance their careers.
The 18th annual HBC Design Build Competition brought 16 student
teams representing high schools, ROPs, Youth Build Programs, and
Community Colleges throughout Southern California to compete in a
two-day event in which teams were challenged to construct a 6’ x 8’ x 9’
wood framed structure; either a Playhouse, Snack Shack, or Yard Barn by
the end of the program on Sunday. Upon their arrival on Saturday morning, build teams were given construction plans for their respective structures, participated in a pre-job safety meeting, given a material checklist,
and they were ready to go. The teams were judged by volunteer inspectors from the City of Costa Mesa, City of Newport Beach, and superintendents from Brookfield Homes and Valeo Companies on such criteria
as code compliance, workmanship, teamwork, and safety.
It has always been a goal of the CFCA to educate and encourage young
people in our community to consider a career in the construction industry. We all had the good fortune to find a successful career in residential
construction, and to sustain our future, it is important to invest in the
future of our industry through programs and events such as the HBC
Design Build Competition.
We are hoping to have an even greater participation in next year’s event.
We believe these events are important to promoting our industry and
educating our youth on the many types of jobs that are available within
our industry.
CFCA Newsletter
Page 17
Page 18
California Housing Market Trends
Continued from Page 8
number of loans defaulting is a small percentage overall of the total number of mortgages expected to close over the next five to
seven years. These analysts feel that what
we are seeing now is the exposure of those
who came late to the rapid run-up in home
prices where the market cannot sustain the
value of the home. In their minds, this is a
small percentage of buyers who are vulnerable to the changing market conditions
because of the timing of their purchase or
investment. In the other camp are those who
are warily watching the relationship
between the general health of the economy
and the housing industry in particular. For
this camp, the fact that employment numbers remain healthy while home sales lag
and pricing remains flat, or decreases, is a
worrisome sign that seems to suggest that
the worst is yet to come.
With more product options to choose from
and new home communities waging price
and incentive wars to remain competitive
with one another, buyers are taking their
time to research neighborhoods and com-
pare new home options against existing
resale inventory. Serious buyers are looking
for value: the right home at the right price in
the right location. Unfortunately, many of
the buyers who were engaged in the market
during the final months of 2006 and into the
first two months of 2007 have retreated to a
wait-and-see position. Many potential buyers who felt that the bottom had been
reached at the end of 2006 are now re-evaluating in light of the news from the lending
industry and are once again waiting to see
how low pricing will really go.
Two of the most significant indicators,
going forward, will be job growth and
income levels. Should the nation, state and
regional economies continue to expand it is
unlikely that the downturn in the housing
market will trigger a recession. Instead, we
will continue to experience a reduced sales
pace and flat pricing until income levels and
home prices converge and reach a sustainable point. The big unknown at this point,
of course, is the potential effect of the tightening of lending standards and the increase
in foreclosure rates. On a positive note,
CFCA Newsletter
interest rates remain at historically low levels as do foreclosure rates.
No one knows what the final impact to the
new home industry will be of the meltdown
in the mortgage industry and the effect that
will have on potential buyers. While no one
expects the new home industry to pick up
where it left off for the past five years and
resume its atmospheric ascendancy, it
seems reasonable to expect a short-term
forecast that is characterized by flat to moderate growth. Based on current market conditions, it seems likely that pricing will continue to adjust in response to the slowdown
in sales and traffic. As the impact of the
mortgage industry and lending regulations
continues to unfold, it is likely that the
California new home market will remain
challenging for the next 12 to 18 months.
Greg Paquin is the founder and President
of The Gregory Group. He can be reached
at (916) 983-3524 or [email protected]
CFCA Newsletter
Page 19
Page 20
CFCA Newsletter
Page 22
Heat Illness Update
Continued from Page 12
(3) The employer’s procedures required
by subsections (e)(1)(B), (G), (H), and
(I) shall be in writing and shall be made
available to employees and to representatives of the Division upon request.
Standards Board Rule Making Update
Below is a list of every Cal OSHA regulation adopted in 2006 and 2007:
• Sections 1529, 1532, 1532, 1532.1,
5190, 5198, 5200, 5202, 5207, 5208,
5210, 5211, 5212, 5213, 5214, 5217,
5218, 5220, and 3858 Assigned
Protection Factors for Respirators
(effective March 6, 2007)
• Appendix B, Plate B-1-a Sanitation
of Personal Safety Devices (effective August 27, 2006)
• Section 1518 Protection from electric shock (effective February 26,
2006)
• New Sections 1532.2, 5206, 8359
CFCA Newsletter
and
Section5155
Hexavalent
Chromium (effective September 19,
2006)
• Section 1541 Excavations, General
Requirements (effective March 31,
2007)
• Section 1598 and 1599 Update
References for Traffic Control
(effective January 28, 2007)
• Sections 1620, 1626, and 1629
Railings and stairways (effective
May 20, 2007)
Standards, Warning Signs, Labeling,
and Posting of Signs (effective May
27, 2007)
• Emergency Standard Heat Illness
Prevention
• Section 1720 Concrete pumps and
placing booms (effective May 3,
2006)
• Section 1730 and New Section 1731
Trigger height for production residential roofing (effective April 1,
2007)
• Section 1644 Metal scaffolds (effective March 30, 2006)
• Sections 3291, 3292, 3295, and 3296
Load Sustaining Devices Used in
Window Cleaning and Building
Maintenance Operations (effective
April 26, 2007)
• Sections 1801 and 8416 Update of
ANSI
Z136.1
Laser
Safety
Continued on Page 30
• Section 1635 Floor openings (effective February 24, 2006)
• Section 1710(f) Column stability for
structural steel erection (effective
April 14, 2006)
• Section 3385 Update of National
Consensus Standard Reference for
Protective Footwear (effective
January 26, 2007)
Page 24
CFCA Newsletter
Burbank Branch
2901 Thornton Ave.
Burbank, CA 91504
Ph: 818-842-3667
Fax: 818-842-3668
Signal Hill Branch
2855 Walnut Ave.
Signal Hill, CA 90755
Ph: 562-427-7250
Fax: 562-427-8366
Corona Branch
650 Rimpau Ave.
Corona, CA 92879
Ph: 951-272-3146
Fax: 951-272-9237
CFCA Newsletter
Page 25
Page 26
CFCA Newsletter
Amy Strommer
T.W.R. Framing
2007 CFCA Framing Contractor Members
(Listed in alphabetical order)
Ryan Holmes
Select Build Southern California
Scott Anderson
Surco Development
Kurt Jordan
RND Construction, Inc.
Dave Van Wicklin
Select Build Northern California
Mark Benedetti
Select Build Southern California
Richard Kimball
Quality Structures, Inc.
John Vojtech
CBC Framing, Inc.
Debbie Adams
Nicholas Lane Contractors, Inc.
Craig Backstrom
Surco Development
Howard Horrocks
Pinnacle Builders, Inc.
Robert Keele
WestCor Construction
David Tudor
GDT Framing, Inc.
Ben Viloria
Viloria Construction
Tim Boggess
MBC Construction, Inc.
Rocky King
Rockwell D. King Construction, Inc.
John Volkman
Select Build Northern California
Tom Brooks
BCI Framing & Drywall
Roger Marin
RJM Construction, Inc.
Harold Watson
Select Build Southern California
Steve Marshall
Rancho Framing, Inc.
Gene Bolton
Pinnacle Builders, Inc.
John Lewis
Select Build Southern California
Ray Wakeham
RND Construction, Inc.
Joe Bunker
B&B Framing, Inc.
David Marsh
Select Build Southern California
Robert Calhoun
Calhoun Construction, Inc.
Patrick McCarthy
McCarthy Framing Construction, Inc.
Steve Wilson
Socal Framing, Inc.
2007 CFCA Framing Associate Members
(Listed in alphabetical order)
Dennis Cardwell
Coast Framing, Inc.
Rick Mercier
Lucas & Mercier Construction, Inc.
Fred Hovenier
Laurence-Hovenier, Inc.
Ronald Buroker
Madera Contractors
Thomas Calhoun
Calhoun Construction, Inc.
Wayne Carey
C.W. Construction, Inc.
Frank Mercier
Lucas & Mercier Construction, Inc.
Greg Minor
Greg Minor Construction
John Williams
Rancho Framing, Inc.
Dick Harris
Wesseln Construction Co.
Ron Laurence
Laurence-Hovenier, Inc.
Bill Montalvo
Mon-May Enterprises, Inc
2007 CFCA Associate Members
(Listed in alphabetical order)
Glen Davies
GDT Framing, Inc.
Ken Munson
Lucas & Mercier Construction, Inc.
Dennis Ascencio
HCS-Cutler
Dennis DeLucio
RND Construction, Inc.
Jim Post
Preferred Framing, Inc.
Neal Drinkward
Elliott/Drinkward Construction, Inc.
Thomas W. Rhodes
T.W.R. Framing
Brian Christianson
Cal Coast Construction
Buck Cockey
Select Build Southern California
Dale DeCarlo
Preferred Framing, Inc.
Bill Dickinson
County Line Framing
Rick Eberhardt
Ridgeline Framing Corp.
James Elliott
Trico Framers, Inc.
Steve Mosiman
Sheehan Construction, Inc.
Jeremy Agrelius
Grove Lumber
Donna Porter
Coast Framing, Inc.
Bud Barr
White Cap Construction Supply
Paul Rakowski
Cal Coast Construction
Ken Bell
Simpson Strong-Tie Co., Inc.
John Romero
JR Framing, Inc.
Randy Beck
White Cap Construction Supply
Jason Besse
84 Lumber Co.
Mark Boone
Champion Lumber Co.
Loren Sextro
Serfin Construction, Inc.
Julie Branstetter
ABD Insurance - Financial Services, Inc.
Doug Smith
EBI Framing
Rick Carwile
California Forklift Co.
Dan Burkhart
Quik Drive USA (Simpson Strong-Tie)
Matthew M. Ellison
Ellison Framing, Inc.
Scott Shaddix
Nicholas Lane Contractors, Inc.
Marc Fabre
BCI Framing & Drywall
Steve Smith
Stevco Framers, Inc.
Diane Chambers
ORCO Construction Supply Co., Inc.
Howard Haig
Hondo Construction & Dev./Howard Haig, Inc.
Jim Snodgrass
CBC Framing, Inc.
Tom Couch
Boise Engineered Wood Products
Leann Evoniuk
Ellison Framing, Inc.
John Ford
Ford Framing Company, Inc.
Dave Hale
Rancho Framing, Inc.
Valerie Smith
Stevco Framers, Inc.
Ron Stettler
Surco Development
Ken Cloyd
California Truss Company, Inc.
Steve Croll
Grove Hardware
CFCA Newsletter
Brent Spates
Spates Fabricators
Page 27
Bill Dage
ORCO Construction Supply Co., Inc.
Bob Kircher
Las Plumas Lumber & Truss Co., LLC
Tommy Ebberts
Grove Hardware
Jim Lawrence
Lockton Insurance Brokers, Inc.
Ron English
James Truss Co.
Rock Lee
Dixieline Lumber Co.
Chris Thoman
Simpson Strong-Tie Co., Inc.
Gary Foster
White Cap Construction Supply
John Lightfoot
InterWest Insurance Services, Inc.
Lovell Williams
iLevel by Weyerhaeuser
Bill Gates
GatesCo Enterprises, Inc.
Tom Lopez
iLevel by Weyerhaeuser
Mark Davis
iLevel by Weyerhaeuser
Kathy Ellis
Hardy Frames, Inc.
Jorge Espinoza
84 Lumber Co.
Steve Foster
MFM Building Products
Rusty Goger
PRO Installer - Schnee-Morehead, Inc.
Jeff Konek
Hardy Frames, Inc.
Richard Stamsek
James Hardie Building Products
Loren Lee
84 Lumber Co.
Tony Tarantino
Paslode
Walter Lee
Lockton Insurance Brokers, Inc.
Patrick Stewart
Reno Hardware & Supply, Inc.
Tom Wall
Paslode
Galen Longley
Simpson Strong-Tie Co., Inc.
Keith Williamson
InterWest Insurance Services, Inc.
Bob Lowe
Louisiana-Pacific Corporation
Misty Wootten
Reno Hardware & Supply, Inc.
Michael Wootten
Reno Hardware & Supply, Inc.
Eric Golden
California Forklift Co.
Cynthia Marriot
ABD Insurance - Financial Services, Inc.
Mike Young
ORCO Construction Supply Co., Inc.
David Goodin
Hardy Frames, Inc.
Gary Messenger
No Leaks, Inc. - MFM Building Products
Debbie Adams
Lane Framing Systems, Inc.
Joel Graves
ABD Insurance - Financial Services, Inc.
Mitch Mitchell
Reliable Wholesale Lumber, Inc.
Carlos Gonzalez
Dixieline Lumber Co.
Dee Dee Graham
Louisiana-Pacific Corporation
Paul Haacke
Grove Lumber
Jimmy McElreath
PRO Installer - Schnee-Morehead, Inc.
2007 RCA Members
(Listed in alphabetical order)
Pete Metzen
PRO Installer - Schnee-Morehead, Inc.
Larry Burnham
Larry Burnham Construction
Steve Mitchell
Universal Truss, Inc.
Leo Cook
B.B.B. Industries
John Chipinka, Jr.
Kane Construction
Rob Hager
Reno Hardware & Supply, Inc.
Wayne Nailon
Home Lumber Company/Stock Building Supply
Steve Hawkins
California Truss Company, Inc.
Timothy J. Noonan
Lockton Insurance Brokers, Inc.
Carleton Elliott
Empire Development Company
Tom Herold
Safety Compliance Company
Jeff Qualle
Universal Truss, Inc.
Ernie Glasgow
Letner Roofing Co. & Ramish Supply Co.
Charles W. Hippenstiel
Safety Compliance Company
Randall C. Richards
Reliable Wholesale Lumber, Inc.
Ed Holmes
Cove Builders, Inc.
Brian Hurdle
The Collins Companies
Kevin Schoonhoven
InterWest Insurance Services, Inc.
Fred Hovenier
Laurence-Hovenier, Inc.
Brent Johnson
Home Lumber Company/Stock Building Supply
Bob Seiple
PRO Installer - Schnee-Morehead, Inc.
Dan Knechtli
Side-Co
Jim Julian
Champion Lumber Co.
Ted Smith
Champion Lumber Co.
James Harrington
James Truss Co.
Kirk Herold
Safety Compliance Company
Will Higman
Reliable Wholesale Lumber, Inc.
Bryant Hope
Paslode
Stephani Jarvis
Collins Company
Milton E. Johnson
Home Lumber Company/Stock Building Supply
Kurt Nicolai
Reno Hardware & Supply, Inc.
Travis Post
Comet Engineering, Inc.
Bill Reavely
Boise Building Solutions
Mike Ruede
California Truss Company, Inc.
John Schuster
California Forklift Co.
Tammy Simonds
iLevel by Weyerhaeuser
Wayne Crawford
Santa Clarita Concrete
Rick Denger
New Mid-Coast Builders, Inc.
Kim Fromer
Fromer, Inc.
Richard Harris
Wesseln Constructions Co.
Douglas Hoppe
Superior Framing Co.
Larry Kern
Weslar, Inc.
Gary McArthur
GLM Contracting
John Vojtech
CBC Framing, Inc.
Page 28
CALPASC 2007
Board of Directors and Staff
Jeff Starsky
Beutler Corporation
Director
Tim Davey
DRI Companies
President
Thomas Steele
Hardwood Creations
Director
Greg Colgate
California Tile Company
First Vice President
Jeff Wilson
A-1 Door & Building Solutions
Acting Secretary
Michael Mahony
Dynamic Plumbing Holding Company, Inc.
Treasurer
Tommy Conner
Superior Tile and Stone
Director
Gary Graham
Graham Concrete Construction
Director
Paul Lilles
Impact Finishes, Inc.
Director
Dave Martinez
Martinez Construction, Inc.
Director
Cynthia Mitchell
Citadel Tile and Marble
Director
John Mohns
Benchmark Landscape, Inc.
Director
CFCA Newsletter
Brad Diede
CALPASC
Executive Vice President
Bruce Wick
CALPASC
Director of Risk Management
Dave Louden
CALPASC
Director of Government Affairs
Ted Wood
CALPASC
General Counsel
Beth Curran
CALPASC OCIE Chapter
Executive Director
Cees Molenaar
CALPASC San Diego Chapter
Executive Director
Jennifer Banta
CALPASC San Joaquin Valley Chapter
Executive Director
Jason Vitaich
CALPASC Northern California Chapter
Executive Director
Construction Industry Doesn’t Think Cal/OSHA Has Regulatory Revision on Pneumatic Guns Quite Nailed
Continued from Page 13
The term “unattended” triggered the advisory committee in the first place. Safety
consultant Jim Muskovich petitioned the
board for uniform application of the word,
plus training requirements. Muskovich
contended that DOSH compliance officers
had taken a very restrictive interpretation
of “unattended,” holding that a worker setting a tool down for a few minutes while
getting supplies constitutes a violation of
Section 1704.
Muskovich said having to disconnect, then
recharge, nailers and staplers is counterproductive to carpenters, who predominantly
are paid on a piece rate. (Pneumatic guns
recharge immediately after reconnection.)
Bland says CFCA research into the nail
gun problem started with the hypothesis
that incidents routinely caused serious
injuries, but it discovered that “the bulk of
the injuries from nailer incidents were not
lost-time.”
The association’s study, which covered
2002-2004, found that the most reported
causes of injury with nail guns are firing
the gun toward the body and ricochets. An
almost equal number of workers involved
with injury incidents had either more than
three years of experience or less than one
year. More than 90 percent of reported
injuries were punctures; only about 25 percent required days away from work.
Framers experienced by far the largest
number of nail gun incidents, at about 275.
The part of the body most frequently
injured was the hand.
National data identified by the Center for
Disease Control and Prevention’s
Morbidity and Mortality Weekly Report
(MMWR) show similar trends. Between
2001 and 2005, an average of 22,300
workers were injured by nail guns. Most
incidents resulted in punctures, with 4 percent also causing fractures. Two-thirds of
the incidents resulted in injuries to the
upper extremities. Ninety-four percent of
such workers did not require hospitalization, MMWR reports.
The report adds that worker nail gun
injuries have remained stable since 1998,
except for 2005, which saw a spike to
almost 29,000 injuries nationwide, an
increase of 39 percent from the previous
year.
The report concludes that while training on
safe work practices might reduce nail-gun
injuries, the use of sequential-trip triggers
is “likely to be more effective.” These triggers require the nose of the nail gun to be
pressed against the wood before the manual trigger can be pressed, “making unintentional discharge of nails less likely.”
Standards Board staff is hoping to publish
Cal/OSHA’s regulatory revision in time
for a June public hearing, but it’s “not definite yet” that it will happen, according to
the committee chair Conrad Tolson, a
Standards Board senior engineer.
But Bland, addressing the board at its
March meeting, expressed concern that the
offending language would be included. He
tells Cal-OSHA Reporter that he still
believes it will be. “Leaving that language
in the provision takes the industry right
Continued on Page 29
CFCA Newsletter
Construction Industry Doesn’t Think Cal/OSHA Has Regulatory
Revision on Pneumatic Guns Quite Nailed
Continued from Page 28
back to where we started before the advisory [committee],” Bland says. “The industry
focused the advisory on provisions that
would address items that contributed to
nailer injuries, along with a heavy focus on
training. By adding ‘outside the operator’s
possession’ language in after the advisory
reached consensus to exclude that language
does not allow the worker to set the nailer
down to retrieve lumber, work product, or
to make minor adjustments to the work
material with the nailer in hand.”
He adds that the qualifier “substantial period of time” would not provide employers
or workers with a “clear demarcation of
compliance.” Bland remarks that his
review of injury data leads him to conclude
that “there appears to be no rational basis
for the inclusion of the additional clause.”
Tolson responds that the advisory committee “was informal and advisory in nature.”
The committee was told that although its
consensus would be used to develop a proposal, it could be subject to “amendment,
modification or rejection later in the rulemaking process.” He adds, “In this case,
the consensus proposal may be modified
based on a preliminary legal opinion.”
The Cal/OSHA engineer explains that just
such an opinion has determined that removing references to unattended nail guns and
staplers could result in a “lower level of
safety provided.” By early April, the proposal had yet to be reviewed by the Labor
and Workforce Development Agency and
the Secretary of State’s office before being
published for public comment.
Tolson adds that the proposal attempts to
define “unattended” to address industry’s
concerns. But even if the regulated public
is unhappy with the proposal, it “also has
the opportunity to comment on the proposal once it comes out.” The board staff
could modify the proposal after the comment period.
Reprinted from April 20, 2007 edition of
the Cal-OSHA Reporter.
Legislative Update
Page 29
Continued from Page 14
cerned that this bill would negatively
impact the authority of the advisory
committee as well. (Oppose)
7. AB 1045 (D-Richardson) and SB 570
(D-Steinberg) These bills require the
Cal OSHA Standards Board to adopt
a standard for excessive heat exposure for indoor workers by July 1,
2008. (We will attend the advisory
committee meetings and Standards
Board meetings to monitor the regulatory language proposed. This regulation for indoor workers, if more
stringent than that adopted for outdoor workers, could create the argument to revisit the regulation established for outdoor workers.)
Page 30
Heat Illness Update
Continued from Page 22
• Section
3395
Heat
Illness
Prevention (effective July 27, 2006)
• Sections 3482, 5156 and 5178 Grain
Handling (effective December 14,
2006)
CFCA Newsletter
• Section 5154.1 Ventilation requirements for laboratory-type hood
operations (effective August 30,
2006)
• Section 5155 Airborne contaminants
(effective July 6, 2006)
• Sections 3637-3640, 3642 and 3646
Mast-climbing work platforms
(effective March 29, 2006)
• Sections 5161 and 5178 Grain
Handling
Facilities
(effective
December 14, 2006)
• Section 4920 Boom-type mobile
cranes (effective October 25, 2006)
• Sections 6505, 6533, 6551 and New
Section 6552 Drilling and production (effective July 26, 2006)
• Section 3650 Labeling, Design, and
Construction of Powered Industrial
Trucks (effective December 2, 2006)
• Sections 5004, 5047, 8379 Use of
Personnel Suspended Platforms
from Crane or Derrick (effective
May 24, 2007)
• Section 5006.1 Mobile and Tower
Crane
Operator
Certification,
Exception No. 2--Electric Line
Trucks (effective January 14, 2007)
• Section 6368 Fuel Houses, Chip
Bins, and Hoppers--Sawmills (effective December 14, 2006)
• Sections 6755, 6845, 6857 and New
Section 6858 Refining, transportation and handling (effective July 26,
2006)
• Sections 8354 and New Sections
8397.14, 8397.15, and 8397.16 Fire
protection in shipyard employment
II (effective February 22, 2006)
• Title 8 Reform - CASO/GISO
Chapter 4, Subchapter 7, New
Article 154 (effective May 4, 2006)
If you need additional information,
you can review these on-line at
http://www.dir.ca.gov/occupational_safety.html
or contact Kevin Bland, the CFCA
General Counsel, at (949) 861-4100.
CFCA Newsletter
Fall Protection Guidebook
For additional copies of the
Fall Protection Guidebook, please
contact AlphaGraphics at
(909) 989-8550 or
via e-mail at
[email protected]
Members will receive
the book at cost @ $24.95 each, plus
shipping & handling.
Non-Members will receive
the book @ $49.95 each, plus
shipping & handling.
You will also receive a 10% discount
when ten or more copies are ordered.
Page 31
C009G Framer Safety Video
English or Spanish 16min • $69.95
Discount to newsletter recipients – $50.00
Orientation program for
persons assigned to framing.
Meets training requirements of exposure to general hazards.
To Order Contact:
Gail at Digital 2000, Inc.
(800) 334-1523
Fax (281) 988-8900
www.trainingprofessionals.com
Page 32
CFCA Newsletter
CFCA Newsletter
Page 33
Page 34
CFCA Newsletter
General Member Benefits
Cal-OSHA Representation – You are represented at all of the Cal-OSHA advisory committee meetings
and monthly Cal-OSHA Standards Board meetings. We expect three regulations that could greatly impact
our industry will be going to advisory committees in 2007. Pneumatic Nailers, Heat Illness Prevention,
and Hearing Conservation regulatory languages are slated to be heard this year alone.
Legislation Updates – Through our involvement with CALPASC, you will receive updates on proposed
legislation. Every year, members of the CFCA attend the legislative conference held in Sacramento. This
year it was held on March 21, 2007.
Safety Training Materials – Our Association, in collaboration with other trade associations and CalOSHA, develop comprehensive tailgate safety material in both English and Spanish. Our most recent publications include the Nail Gun Safety Training Handout, containing color pictures for ease of understanding. Call AlphaGraphics for copies at (909) 989-8550.
Reduced Legal Costs – As a CFCA member, you receive review of contracts at a reduced rate with Kevin
Bland, Esq. You can reach Kevin Bland at (949) 861-4100.
Safety – Safety Compliance Company will provide our members with a comprehensive Injury Illness
Prevention Plan (IIPP) at a reduced rate of $700, and a site inspection for $225 per site. Please contact
Tom Herold at (800) 901-7926.
Education – We provide valuable information at our quarterly general membership meetings on topics
such as safety, construction defect litigation, market trends, and pending legislation. Additionally, you will
receive our quarterly newsletter containing informative material specific to our industry.
Logo Use – The CFCA logo may be used by CFCA members in good standing. Please contact our office
for the agreement if you would like to use our logo on your promotional material.
Underwriter Level - Underwriters will have their names listed in all CFCA promotional material,
newsletters, web site, and advertising. The rate for this is an additional $5,000 per year.
Associate Member Benefits
Advertising – Associate members, suppliers, and manufacturers who support our industry receive advertising in our quarterly newsletter and on our web site. They also are encouraged to provide newsletter articles that would be informative to our members and participation in our general membership meetings. The
CFCA logo may be used by CFCA members in good standing. Please contact our office for the agreement
if you would like to use our logo on your promotional material.
Underwriter Level - - Underwriters will have their names listed in all CFCA promotional material,
newsletters, web site, and advertising. The rate for this is an additional $5,000 per year.
cut here
California Framing Contractors Association
Headquarters
3636 American River Dr., 2nd Floor
Sacramento, CA 95864
(916) 485-3367
Toll Free (866) 452-8110
CFCA Contact Information
Jodi Blom
Executive Director
(916) 485-3367
[email protected]
Kevin Bland, Esq.
CFCA General Counsel
(949) 861-4100
[email protected]
Melanie Thomson
Membership Coordinator
(916) 435-8525
[email protected]