Summer 2006 - California Framing Contractors Association

California Framing
Contractors
Association
2006 Board
Members
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
James Elliott
Board Member
Trico Framer, Inc.
Frank Mercier
Board Member
Lucas & Mercier Co.
Bill Montalvo
Board Member
Mon-May Enterprises, Inc.
Jim Post/
Dale DeCarlo
Board Members
Preferred Framing, Inc.
Thomas Rhodes
Board Member
T.W.R. Framing
John Romero
Board Member
JR Framing, Inc.
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
Pg.1
Associate
Pg.2
Spotlight – Reno
Hardware and Supply
CALPASC
Pg.3
OCIE News Desk
Associate
Pg.4
Spotlight – Boise
Appreciation
Dinner Photos
Pg.7
Governor’s
Pg.8
Fundraiser Letter
Unlawful
Pg.9
Termination of
Employees During
Incarceration
Heat
Pg.10
Illness Prevention
Regulation
Tools and
Pg.11
Equipment –
Pneumatic Nail Guns
Framing and
Pg.13
Exterior Carpentry
Join us for dinner with
Governor
Arnold Schwarzenegger
on September 26, 2006,
at 4:00 p.m.
at the FoxFire Restaurant
(see page 8)
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 consultation regarding any newsletter
article's applicability to one's organization.
Volume 3, No. 4 - Summer 2006
President’s Message:
There are a total of 13 initiatives that have
been qualified for the November election.
The Governor and legislature recently
passed a $36 million infrastructure package
to improve highway and roadways throughout the State, fix and repair our system of
levees, and continue to provide financing
for affordable homeownership opportunities. Governor Schwarzenegger, during his
State of the State address in January, proposed the need for our State to invest in fixing roads that have been overly congested
and run down over the past years.
that would not be possible for us to comply.
Some of the proposals that are presented to
Cal OSHA are of great financial burden on
employers. It is imperative that we have
this voice representing our industry.
California is approaching our next
Governor’s election, and in an effort to
support our current Governor, the CFCA
will be holding a reception for Governor
Schwarzenegger on September 26, 2006,
at the FoxFire Restaurant in Anaheim
Hills beginning at 4:00 p.m. The Governor
is a friend to business, he understands our
industry, and he takes a firm stand to eliminate the unyielding regulations that were
imposed on businesses during the last
Administration. We are looking forward to
our upcoming reception, and I would like
to thank Donna Porter for making this
opportunity available to the CFCA.
We will be holding our first CFCA meeting
in Northern California on October 18, 2006,
in our continual effort to expand our membership and create a unified voice for our
industry when addressing our concerns in
Sacramento. If you know of a framing contractor who is not a member of the CFCA,
please contact our offices. Our goal is to double our membership size over the next year.
Cal OSHA recently adopted a permanent
standard on heat illness prevention. Thanks
to Kevin Bland for representing us during
the Advisory Committee meetings held
over the past couple of years. As responsible employers, we realize employees need
to be trained on how to avoid heat-related
illness, and most of our members have
been providing this to our employees for
many years prior to this standard.
However, I want to remind everyone that if
we were not represented in Sacramento,
we would have language and requirements
Upcoming Events: We will be holding our
CFCA Golf Tournament on Friday,
September 8, 2006, at the Eagle Glen Golf
Course in Corona. I would like to thank John
Williams of Rancho Framing and Craig
Backstrom of Surco Development for once
again managing this event for the CFCA.
The CFCA is establishing a safety committee to develop additional safety training materials for our members’ use to
comply with the new Cal OSHA Standard
Board regulations passed recently. Many
of our members have extensive safety
programs, run internally by their own
safety professionals, but there are smaller
size organizations that have made the
request to our offices for this support. If
you have any requests for training, please
e-mail those requests to our office in
Sacramento. We also encourage you and
your safety professionals to join our first
meeting on September 19, 2006 (time and
location to be determined).
Thank you for your continued support.
Bill Dickinson
Check out our website:
www.californiaframingcontractors.org
Page 2
CFCA Newsletter
Associate Member Spotlight – Reno Hardware & Supply Inc.
RENO Hardware & Supply is a Southern
California based construction supply distributor servicing contractors throughout
California, Arizona, Nevada, and Hawaii.
RENO Hardware’s motto “Don’t Gamble
on Service” drives the spirit of its people to
deliver quality products and service for
framing, concrete flatwork, rough hardware,
and residential construction to the professional contractor. RENO Hardware specializes in performance, excellence in service,
product and industry knowledge as its sales
force markets to the jobsite increasing the
contractor’s productivity. RENO Hardware
offers over 30,000 products and services,
including specialty tools, custom fabrication, and materials for the professional contractor with jobsite delivery throughout
Southern California.
RENO Hardware is rapidly expanding its
current facilities with the addition of a new
location in Riverside, California. The
Riverside facility opening in 2007 will be a
well-stocked showroom designed for easy
access to will call business and will serve
the company as its largest distribution cen-
Burbank Branch
2901 Thornton Ave.
Burbank, CA 91504
Ph: 818-842-3667
Fax: 818-842-3668
ter. Appearing on display at the Riverside
Branch Grand Opening will be the “RENO
Chopper,” built by Lucky 7 Chopper. This
one-off custom-built motorcycle chopper
was featured on ESPN Chopper Nation and
has won several awards for design, detail,
and quality. The RENO Hardware Riverside
facility will be state-of-the-art in every way.
RENO Hardware’s goal is to provide superior service offering job-site delivery, providing same-day or next-day delivery, and
knowledge that is second to none!
RENO Hardware sells a wide variety of professional products, including construction
materials, pneumatic tools, fasteners, structural connectors, power tools, light construction equipment, rebar, bulk and collated gun
nails, jobsite storage, truck boxes, ladders,
water proofing materials, and safety equipment. As a master distributor for Simpson
Strong-Tie, RENO Hardware’s sales force
works hand-in-hand with them. Also, RENO
Hardware is working closely in marketing
and the development of the Simpson ATS
product line. RENO Hardware’s goal is to
stay on the cutting edge of technology offer-
Signal Hill Branch
2855 Walnut Ave.
Signal Hill, CA 90755
Ph: 562-427-7250
Fax: 562-427-8366
ing greater value to the professional contractor.
RENO Hardware has been servicing the
Southern California construction industry
for over 45 years. Reno Bertussi founded
RENO Hardware in 1961. Bertussi was a
Northern Italian immigrant, with a strong
work ethic and creative mind. Bertussi was
selling rough hardware and noticed that the
framers were having trouble installing the
joist hangers and suggested to Simpson
Strong-Tie that they should add the speed
prong to help hold the hanger in place.
Simpson Strong-Tie incorporated the idea
and revolutionized the hanger product line,
and even today this simple idea is used in
hanger design. Bertussi turned over the
leadership of RENO Hardware in 1977 to
his stepson, Michael Wootten, who has continued the entrepreneurial spirit, enhanced
close industry relationships, and developed
loyal customer partnerships. The employee’s “RENO Can Do Attitude” is key to
the continuous growth and success of
the long-term relationships they’ve built
Continued on Page 14
Corona Branch
650 Rimpau Ave.
Corona, CA 92879
Ph: 951-272-3146
Fax: 951-272-9237
CFCA Newsletter
Page 3
CALPASC OCIE News Desk from Beth Curran
As the CALPASC Orange County, Inland
Empire chapter continues to grow, I wanted to remind our members about all of
the valuable services that are available to
our members.
First, I want to remind everyone about our
educational seminars and workshops. We
offer monthly seminars to educate our
members on a variety of topics that will
help their businesses survive and thrive.
Some of the topics include Contract
Negotiation, Wrap Insurance, Workers’
Compensation, Crisis Management,
Buying and Managing Insurance, Labor
Law,
Unemployment
Claims
Management, Safety and Cal-OSHA,
Time Management, and more. These seminars are open to all members and their
employees. In addition, we have started
videotaping all of our seminars that will be
available for purchase for those members
that have missed past seminars but would
still like to get the information.
The second benefit that members should
be taking advantage of is our staff councils. I cannot say enough how helpful our
staff councils can be for your individual
company. It gives your staff the opportunity to network and share ideas with other
professionals in the same field. Whether
you have a large company or a small company, everyone can benefit or learn something new from attending one of our staff
council meetings. We currently have five
staff
councils,
including
Human
Resources, Financial, Customer Service,
Contracts, and Safety.
On top of our staff councils, we continue
to host our trade councils for the individual
trades to meet on specific trade issues. Our
successful trade councils have found real
value in meeting and sharing ideas on best
practices and how to elevate their particular trade. Presently, we have six trade
councils, including Plumbing, Roofing,
Concrete, Painting, Landscape, and
Masonry. One of our goals for this year is
start additional trade councils for some of
our other trades.
Other member services that the chapter
offers include our Golf Tournament,
Annual Member Banquet, Cal-OSHA 10-
hour Certification Training, and Quarterly
Dinners.
We also have a number of committees,
such as our Membership/Education
Committee and Government Affairs/Risk
Management Committee. These committees offer an opportunity for members to
have a voice and shape the direction of the
OCIE chapter.
I want to continue to challenge the OCIE
members to get more involved with the
chapter. Remember you only get out what
you put into the Association, and with this
year’s dues increase; it would be a waste to
miss out on all of our member services and
benefits. For more information about getting involved with CALPASC OCIE,
please either call or e-mail Beth Curran,
Executive Director, at (866) 320-7272 or
[email protected].
Associate Member Spotlight -- Boise
Boise Value-Added Services Help You Frame
Faster in Southern California.
Shorter cycle times, lower framing costs,
easier accounting
%RLVH·V%&)UDPHU®LQWHJUDWHGÁRRUIUDPLQJVRIWZDUH
DQG6DZ7HNDXWRPDWHGFXWWLQJDUHNH\VWRPDQ\QHZ
YDOXHDGGHGVHUYLFHVWKDWFDQKHOS\RXIUDPHIDVWHU
DQGPRUHHIÀFLHQWO\
Squaring diagrams for perfectly square structures
%&)UDPHURXWSXWV
DSUHFLVHVTXDULQJ
GLDJUDPZLWKH[DFW
OLQHDODQGGLDJRQDO
GLPHQVLRQVVR\RX
FDQQRZOD\RXW
SHUIHFWO\VTXDUH
VWUXFWXUHV6XE
FRQWUDFWRUVZLOO
HQMR\ WKH EHQHÀWV
RI D VTXDUH VWUXFWXUH
%RLVH·V6TXDULQJ'LDJUDPPHDQVD
WKURXJK
WKH HQWLUH MRE
VTXDUHVWUXFWXUH
Double-square end cuts on every piece
(YHU\SLHFHFXWE\6DZ7HNKDVWZRVTXDUHHQGFXWV
WRUHGXFHZDVWHDQGPDNH\RXUOLIHHDVLHU
Ready-to-install framing can save time
and cut waste
%&)UDPHURXWSXWVH[DFWGLPHQVLRQVWRDFXWOLVWRU
WR%RLVH·V6DZ7HN™VDZLQJV\VWHPIRUDXWRPDWLF
FXWWLQJ,I\RXRUGHUERWKHQGVSUHFLVLRQHQGWULPPHG
MRLVWVFDQEHGURSSHGLQWRSODFHZLWKRXWIXUWKHUMREVLWH
WULPPLQJ
Utility holes pre-cut for HVAC, plumbing
and electrical
6DZ7HNSUHFXWVKROHVIRU+9$&SOXPELQJDQGHOHFWLFDO
<RX DQG WKH GHVLJQHU FDQ SODQ SHUIHFW OLQH SODFHPHQWV
IRU+9$&SOXPELQJDQGHOHFWULFDO%&)UDPHU
LQVWUXFWV H[DFWO\ ZKHUH WR FXW WKH KROHV PDQXDOO\
RU GRZQORDGV WR 6DZ7HN IRU DXWRPDWLF FXWWLQJ
0HFKDQLFDO LQVWDOODWLRQ JRHV IDVWHU DQG WKH UHVXOW
ORRNV IDQWDVWLF
© 2006 Boise Cascade, L.L.C.
Boise, Saw-Tek and BC Framer are trademarks of Boise Cascade, L.L.C. Or its affiliates.
Inkjet-marked pieces for framing ease
(YHU\SLHFHFDQEHLQNMHWPDUNHGIRUHDV\LGHQWLÀFDWLRQ
6DZ7HN·VLQNMHWSULQWHUFDQPDUNHYHU\SLHFHDQG
UHODWHLWWRWKHIUDPLQJSODFHPHQWSODQ,QNMHWPDUNLQJ
KHOSV\RXUFUHZSODFHHDFKSLHFHFRUUHFWO\DQGDLGV
LQYHQWRU\FRQWURODQGORFDWLQJLQGLYLGXDOSLHFHV
Exact material lists and placement plans
aid assembly and control
(DV\WRXVHFRORUFRGHGIUDPLQJSODFHPHQWSODQV
VKRZZKHUHHYHU\IUDPLQJPHPEHUJRHV7KHVH
SODQVHOLPLQDWH
JXHVVZRUN
RYHUFRPHODQJXDJH
EDUULHUVDQGKHOS
OHVVVNLOOHGZRUN
HUVIUDPHFRUUHFWO\
3ODFHPHQWSODQV
DOVRFRQWDLQDFRP
SOHWHELOORIPDWHUL
DOVDOLVWRIFRQQHF
WRUVUHTXLUHGIRUWKH
MREGHVLJQORDGV
GHWDLOGUDZLQJVDQG %RLVH·VIUDPLQJSODFHPHQWSODQVKRZV
ZKHUHHYHU\SLHFHJRHV
'YLHZVWRFODULI\
WKHSODQ)RUPRUHRQWKHVH%RLVHVHUYLFHVDQGPRUH
SOHDVHFRQWDFWPHDQ\WLPH
0LNH%ODQG%UDQFK0DQDJHU
+HDWK6WDL'HSDUWPHQW0DQDJHU
Boise Building Materials Distribution
$UOLQJWRQ$YH
5LYHUVLGH&$
7HO
)D[
HPDLO0LNH%ODQG#%RLVH%XLOGLQJFRP
RU+HDWK6WDL#%RLVH%XLOGLQJFRP
™
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.
“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.
Compiled By California Framing Contractors
Topics In This Manual Include:
• General Safe Practices
• Hanging Joist
• Installing Trusses
• Installing Fascia
• Sheeting
• Wall Framing
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.
Page 8
CFCA Newsletter
Governor’s Fundraiser Letter
Greetings CFCA Members:
We have exciting news for you and we
need your participation like never before.
We are about to enter into California’s
heated gubernatorial race between
Governor Arnold Schwarzenegger and
challenger Phil Angelides. If you have
not been informed of Mr. Angelides’
proposals for the State, here are some of
the highlights:
• Instead of reforming workers’ compensation, he wants to enact universal
healthcare.
• He stated he wants to impose additional income tax for workers who earn
more than $140,000 per year.
• He has lobbied to raise corporate
income taxes.
• He supports raising sales taxes.
• He supports tripling the car tax.
When asked whether or not he supported
federal legislation that would make it a
felony to hire an undocumented worker, his
only reply was “I’ll have to look into it.”
We cannot allow Phil Angelides to bring a
“let the business pay” agenda back to the
statehouse. In addition to raising taxes, a
Democratic governor appoints Democratic
supporters to positions at Cal-OSHA and
California labor agencies, who in the past
have imposed unyielding regulations that
burden employers.
Governor Schwarzenegger has led our
State in the right direction: lifting burdens,
cutting taxes, and empowering business to
get this State back on track. Now the
Democrats are fighting to take back the
Governor’s office and reestablish their “let
the business pay” approach. In order
to keep Governor Schwarzenegger in
office and this State on the right track, we
must step up and participate vigorously in
this election.
This leads us to exciting news. The
Governor has agreed to come to the
FoxFire Restaurant on September 26,
2006, for a reception hosted by the CFCA.
We will be counted among his major supporters in both his bid for reelection and
his positive vision for moving the State
forward. Governor Schwarzenegger will
be speaking to us on a range of issues,
including immigration, business, and
worker permits.
To help the Governor and facilitate this
special event, we ask for your support. We
are requesting a minimum donation of
$5,000. For those of you who can contribute $10,000 or more, we ask that you
offer your fullest support. Contributors of
$10,000 or more will receive a congratulatory plaque in recognition of their support.
Our suppliers have already offered their
donations, and we are encouraged by
their support. Please note that checks
should be payable to Californians for
Schwarzenegger and sent c/o Donna
Porter, Coast Framing, Inc., 215 Lewis
Court, Corona, CA 92882.
While many of us have never participated
in elections or politics, we now must
accept the reality that if we do nothing,
someone else will make the decisions for
us. The CFCA Board of Directors has been
working hard for you to have a voice on
Continued on Page 14
CFCA Newsletter
Page 9
Unlawful Termination of Employees During Incarceration
A recent article in the National Law Journal
on July 18, 2006, written by Tresa Baldas,
reports about a case arising in the State of
Michigan. An employee of Daimler
Chrysler was terminated from employment
because she missed a company mandated
medical exam. At the time of the exam, the
employee was in jail on murder charges.
The employee was later acquitted of the
murder charge, having been found to have
acted in self-defense. She is now suing the
employer to get her job back, or in the
alternative, get compensation for the
unlawful termination of her employment.
She alleges that the company discriminated against her under a Michigan statute
which prohibits employers from taking
adverse action against a crime victim who
has to appear in court. The case is pending
in the Michigan court system.
This case raises the question as to what
employers should do when a current
employee is arrested for a criminal offense
and is pending charges in the court system.
Of course, California has addressed this
situation squarely in a statute. Labor Code
432.7(a) reads in part:
[n]or shall any employer seek from
any source whatsoever, or utilize, as
a factor in determining any condition of employment including hiring, promotion, termination……any
record of arrest or detention that did
not result in conviction….
Nothing in this section shall prevent an
employer from asking an employee or
applicant for employment about an arrest
for which the employee or applicant is out
on bail or on his or her own recognizance
pending trial.
The Labor Code further provides that an
applicant may recover actual damages,
costs, and/or attorneys fees, and for an
intentional violation of this section, an
applicant is entitled to treble damages
along with costs and attorneys fees. A violation of this section is a misdemeanor.
California also has a similar statute to
Michigan addressing victims of abuse. Labor
Code section 230 and 230.1 protect victims
of abuse from discharge, suspension, or
demotion while such victims take time off
from work to obtain relief. This statute is
similar to the Michigan statute under which
Daimler Chrysler is now being sued.
The bottom line for employers is that no
action should be taken against an employee
or applicant as a result of an arrest and/or an
arrest not resulting in conviction. An
employer may conduct its own investigation
into the circumstances of any such arrest to
determine whether the conduct is related to
the work environment. Even then, termination prior to conviction may result in the
type of litigation encountered in Michigan.
It is arguable that an employee who is arrested and remains in jail pending trial is unable
to report to work. Accordingly, since an
essential function of the job is for the
employee to be present, his/her absence
(regardless of the reason unless related to
mandated state and federal leave laws)
should justify the termination of the employContinued on Page 14
Page 10
CFCA Newsletter
Heat Illness Prevention Regulation
The CAL-OSHA Standards Board
has voted to approve a permanent
Heat Illness Prevention regulation
(http://www.dir.ca.gov/OSHSB/heatillnesspropreg.pdf).
On June 15, 2006, the CAL-OSHA
Standards Board voted to approve the proposed permanent standard, with a few
revisions. This new regulation will likely
become law around August 1, 2006. The
current emergency standard is still in
place. Following is a copy of the Heat
Illness Prevention regulation.
For information on the Heat Injury Illness
regulation, visit the Department of
Occupational Safety and Health’s
(DOSH) website:
http://www.dir.ca.gov/DOSH/dosh1.html
***
STANDARDS PRESENTATION TO
CALIFORNIA OCCUPATIONAL
SAFETY AND HEALTH
STANDARDS BOARD
PROPOSED STATE STANDARD,
TITLE 8, CHAPTER 4
§3395. Heat Illness Prevention in Outdoor
Places of Employment.
(a) Scope and Application. This section
applies to the control of risk of occurrence
of heat illness. This section is not intended
to exclude the application of other sections
of Title 8, including, but not necessarily limited to, sections 1230(a), 1512, 1524, 3203,
3363, 3400, 3439, 3457, 6251, 6512, 6969,
6975, 8420 and 8602(e). This section
applies to all outdoor places of employment.
Note No. 1: The measures required here may
be integrated into the employer’s Injury and
Illness Program required by section 3203.
Note No. 2: This standard is enforceable by
the Division of Occupational Safety and
Health pursuant to Labor Code sections 6308
and 6317 and any other statutes conferring
enforcement powers upon the Division. It is
a violation of Labor Code sections 6310,
6311, and 6312 to discharge or discriminate
in any other manner against employees for
exercising their rights under this or any other
provision offering occupational safety and
health protection to employees.
(b) Definitions.
“Acclimatization” means temporary adaptation of the body to work in the heat that
occurs gradually when a person is exposed
to it. Acclimatization peaks in most people
within four to fourteen days of regular work
for at least two hours per day in the heat.
“Heat Illness” means a serious medical
condition resulting from the body's inability to cope with a particular heat load, and
includes heat cramps, heat exhaustion,
heat syncope and heat stroke.
“Environmental risk factors for heat illness”
means working conditions that create the
possibility that heat illness could occur,
including air temperature, relative humidity,
radiant heat from the sun and other sources,
conductive heat sources such as the ground,
air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.
“Personal risk factors for heat illness”
means factors such as an individual’s age,
degree of acclimatization, health, water consumption, alcohol consumption, caffeine
consumption, and use of prescription medications that affect the body’s water retention or other physiological responses to heat.
“Preventative recovery period” means a
period of time to recover from the heat in
order to prevent heat illness.
“Shade” means blockage of direct sunlight.
Canopies, umbrellas and other temporary
structures or devices may be used to provide
Continued on Page 15
CFCA Newsletter
Page 11
Tools and Equipment – Pneumatic Nail Guns
Cal. Code Regs, tit. 8, § 1704(b) (2006) –
The Appeals Board reversed the ALJ decision, finding no evidence to support a serious violation where a nailing gun connected to its air supply was left unattended
briefly, there was no employee exposure
established, and the Division’s inspector
was not qualified to judge the likely type
of injury that would result from being
struck by a nail projected from the nailer.
Background. Employer, a supplier of
lumber, trusses and labor for construction
framing, was inspected following an accident and cited for a serious violation of §
1704(b), pneumatically driven nailers. The
Division proposed a penalty of $4,725. An
ALJ affirmed the violation and penalty,
and Employer filed a petition for reconsideration. The Appeals Board also ordered
reconsideration on its own motion.
–·–
Evidence. The Board’s DAR was based on
evidence presented at the hearing and the
tape-recorded hearing record.
JA CON CONSTRUCTION
SYSTEMS, INC.
dba JA CON CONSTRUCTION
33 COR 40-5663 [§ 20,793R]
Digest of COSHAB’s Decision After
Reconsideration dated March 27, 2006,
Docket No. 03-R3D2-441.
Candice A. Traeger, Chairwoman.
Robert Pacheco, Member.
The Appeals Board reversed the ALJ decision of March 1, 2005 [Digest ¶ 20,667],
which had established a serious violation
with a $4,725 penalty.
An employee using a brand-new nailing
gun was injured when it was handed to
him, passed between wall studs, and it
apparently accidentally went off, sending a
nail through his neck. The Division cited
two incidents related to the pneumatic
nailer: one occurring on the accident date
and one on the inspection date. The ALJ’s
dismissal of the citation for the first incident was not appealed. The Board was
considering here only “the finding of a
violation for the second incident, its classi-
fication as a serious violation and the use
of the prior accident as evidence in determining the second incident was a serious
violation.”
Two Division inspectors, investigating the
report of an accident two days earlier at a
housing development of single-family
homes, found that the accident location
was a home that had the majority of the
framing completed, but was without exterior siding. There were no employees present at the time. One of the inspectors “exited the house and observed a nailer resting
on the ground near the base of an exterior
wall. The nailer was connected to an air
compressor that was charged between 100
and 120 psi.” She went back inside and
brought her co-worker and Employer’s
superintendent out. The inspectors then
disconnected the nailer from the compressor and took photographs.
Shortly after that, an employee was
observed and interviewed by the inspector.
She saw him 5-10 minutes after arriving at
Continued on Page 16
Siding : CRAFTSMEN STAGGERED , Trim : SMOOTH 4"
MOST BUYERS DON’T ASK FOR SIDING BY BRAND.
TO THEM, SIDING IS SIDING. UNLESS, OF COURSE, THEY HAPPEN TO BE LOOKING AT A HOME WITH
SIDING THAT MAKES THAT HOME DISTINCT. THAT MAKES IT DIFFERENT FROM THE HOUSE NEXT DOOR
AND THE HOUSE DOWN THE STREET. IN WHICH CASE, SIDING IS THEN MORE THAN JUST SIDING.
IT’S A SELLING POINT. TRUWOOD. THEY’RE ASKING FOR IT, EVEN IF THEY DON’T KNOW IT BY NAME.
www.TruWoodSiding.com | The TruWood Collection, manufactured by Collins Products LLC | phone 1.800.417.3674 | Distributed by Weyerhaeuser.
CFCA Newsletter
Page 13
Framing and Exterior Carpentry
Checklist excerpts from The Handbook of
Specifications and Scopes of Work for Trade
Contractors (2005), written by David
MacLellan, George E. Wolfson, AIA, and
Sarah E. MacLellan, were reproduced with the
permission of David MacLellan. Copies of the
Handbook may be ordered through the
Building Standards Institute website:
www.buildingstandardsinstitute.org.
3.1.1 Layout
❑ Snap the rear plate. Check first two layout lines for square, alignment to corner
markers, setback, or property boundaries, the rear, and the longest side.
❑ Snap single line and “X” with a marker or
keel, then snap all lines and “X” clearly.
❑ Snap water heater platforms, tub cradles,
shower backing, shower blocks/dams, box
outs, columns, split faces and beam pockets.
❑ Mark all rake stud heights, clip highwalls, baths, linens, and attic accessories.
❑ Check kitchen, bath, cabinet and appliance layout and dimensions.
❑ Mark all wall size changes (i.e., 2x6,
3x4, 2x8, etc.)
❑ Mark all arrows for plating direction.
❑ Mark all doorways.
❑ Mark all radius slabs where applicable.
❑ Mark all cripples, header sizes and stud
sizes on slab or rough framed floor.
❑ Do not use color keel on garage slabs.
❑ Prior to laying out, get layouts for cabinet soffits from Project Superintendent.
❑ Check clothes washer/dryer locations
and dimensions.
❑ Mark plates for mechanical layouts,
FAU platform and blocks, any special
backings, and popouts.
3.1.3 Framing
❑ Do not use excessively wet framing lumber.
Standard: Do not use lumber with a
moisture content that exceeds 19%.
Multi-story construction more than
two stories require drier framing
material – check code.
❑ Flush all studs to one side of plate.
❑ Use 6 nails on all plate breaks.
❑ Put temporary braces on all high walls.
❑ Where used, let-in braces shall be cut
flush and to a depth and width shall not
exceed the dimensions of the brace.
❑ Install let-in braces at least at every 25
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
ft. of wall width, unless the Plans show
the wall is to receive shear panels.
Double top plates shall be nailed to each
other 16 in. on center minimum, and
lapped at joints a minimum of 16 in.
Cut out all doorways.
Door trimmers shall be nailed with 3
sets of 2 nails at top, bottom, and center.
Install double trimmers on 6 ft. or larger openings.
Window headers shall be flush to inside
of house.
Headers shall be nailed on each side per
code requirements.
Chimney chases shall be framed on all
four sides.
All garage walls have 2 braces.
Install backing for all trades and finish
accessories as required.
At the end of the day’s work, walls shall
be left reasonably plumb, secured, and
braced to prevent wind damage.
Scrap out units before plumb and line
process.
Continued on Page 22
Page 14
CFCA Newsletter
Reno Hardware
Fundraiser Letter
Unlawful Termination
Continued from Page 2
Continued from Page 8
Continued from Page 9
with their customers.
the issues that decide our livelihood. We
ask that you use that voice in earnest.
ee’s employment. The question is whether it
is reasonable to hold a job open for an
extended period of time while an employee
proceeds through the criminal justice system.
“RENO Hardware is a very hands-on company, developing long-term relationships
within the industry. Our customers trust us
and have the highest level of expectations
when it comes to helping them find cost
effective solutions. Having the right product
at the point of need, on time, that’s what we
do best,” says Pat Stewart, Senior Account
Manager. RENO Hardware’s sales force has
superior product knowledge and markets to
the jobsite. “RENO Hardware’s field service
increases our customer’s productivity. They
can be on the job rather than searching for
materials wasting valuable time,” says
Stewart. “When RENO Hardware makes its
customers more productive, we all win.”
To reach the RENO Hardware location nearest you, call the Corona branch at (951) 2723146, the Burbank branch at (818) 8423667, or the Signal Hill/Long Beach branch
at (562) 427-7250, or for more information
about our company, visit our website at
www.renohardware.com.
We will be sending out invitations for the
FoxFire event in the near future, but we
ask for your commitment now. Please call
Donna Porter of Coast Framing at (951)
734-3898 and pledge the amount you are
willing to contribute. We hope to raise
$250,000 for the Governor.
You can expect follow-up calls to confirm
your pledged amount in the near future, as
well as e-mail blasts to update you on who
has given and the amounts pledged as
Coast Framing receives commitments.
Please thank your suppliers for their
generosity and teamwork. Together,
we can make a real difference in this
upcoming election.
The answer may not be as easy as it seems
at first blush. Because of the presumption
of innocence in criminal cases, a legitimate
argument can be made that an employee
should not suffer adverse employment
action while pending resolution of a criminal case—even if the employee is in custody. On the other hand, an employer has
the right to maintain sufficient manpower
to operate its business. It is a conundrum.
Sincerely,
Each case is based on its own set of facts
and circumstances. It is advisable to contact labor counsel for advice before taking
any adverse action against an employee
charged with a crime but pending resolution in the court system. The wrong decision may prove expensive.
Donna Porter
Owner of Coast Framing
Larry M. Kazanjian is an attorney with
the law firm Palmer Kazanjian LLP. He
can be contacted at (916) 442-3552 or
[email protected].
CFCA Newsletter
Page 15
Heat Illness Prevention
Continued from Page 10
shade. One indicator that blockage is sufficient is when objects do not cast
a shadow in the area of blocked sunlight. Shade is not adequate when heat
in the area of shade defeats the purpose of shade, which is to allow the body
to cool. For example, a car sitting in the sun does not provide acceptable
shade to a person inside it, unless the car is running with air conditioning.
(c) Provision of Water. Employees shall have access to potable drinking
water meeting the requirements of Sections 1524, 3363, and 3457, as
applicable. Where it is not plumbed or otherwise continuously supplied,
it shall be provided in sufficient quantity at the beginning of the work
shift to provide one quart per employee per hour for drinking for the
entire shift. Employers may begin the shift with smaller quantities of
water if they have effective procedures for replenishment during the
shift as needed to allow employees to drink one quart or more per hour.
The frequent drinking of water, as described in (e), shall be encouraged.
(d) Access to Shade. Employees suffering from heat illness or believing a preventative recovery period is needed, shall be provided access
to an area with shade that is either open to the air or provided with
ventilation or cooling for a period of no less than five minutes. Such
access to shade shall be permitted at all times. Except for employers
in the agriculture industry, cooling measures other than shade (e.g.,
use of misting machines) may be provided in lieu of shade if the
employer can demonstrate that these measures are at least as effective
as shade in allowing employees to cool.
(e) Training.
(1) Employee training. Training in the following topics shall be provided to all supervisory and non-supervisory employees.
Continued on Page 16
Thank you to our Underwriters:
B&B Framing, Inc.
County Line Framing
Lucas & Mercier Construction
Preferred Framing, Inc.
Rancho Framing, Inc.
Select Build
Surco Development
T.W.R. Framing
Trico Framer, Inc.
Page 16
Heat Illness Prevention
Continued from Page 15
(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 4
cups per hour, when the work environment
is hot and employees are likely to be
sweating more than usual in the performance 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
CFCA Newsletter
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.
(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.
NOTE: Authority cited: Section 142.3,
Labor Code. Reference: Section 142.3,
Labor Code.
Tools and Equipment
Continued from Page 11
the site, and therefore believed that “the
nailer had been left unattended for a period of 5 to 10 minutes while connected by
a hose to a charged compressor.” She testified that the employee told her he had been
working on a window sill and went to get
additional materials from another house
under construction. The inspector believed
that was one-half mile away.
Employer’s superintendent admitted to her
that the nailer was the same one involved
in the accident, but there was no other evidence that it was the same nailer. Division
photographs showed the make and model
of the nailer; its location at the site and the
compressor. The compressor, charged
between 100 and 120 psi, was “a type that
permits the operator to adjust the air pressure and therefore the velocity of the nail
being ejected.”
The inspector described the pneumatic
nailer as “designed to have a safety device
on the muzzle that prevents the tool from
operating unless the muzzle is in contact
Continued on Page 17
CFCA Newsletter
Tools and Equipment
Continued from Page 16
with a solid surface. Therefore, in order to
expel a nail/projectile the muzzle must be
in contact with a solid surface and the trigger must be simultaneously engaged.” She
testified that the spring safety device
“could be easily removed, permitting the
nailer to be operated by only engaging the
trigger. ... [U]nder these circumstances,”
she believed, “the nailer could be pointed,
the trigger engaged, and a projectile (nail)
would be discharged in a manner analogous to a gun.”
However, the Board noted, there was no
evidence presented at the hearing to show
“whether the safety device on the nailer
was operational, or whether it was loaded
with nails when it was discovered allegedly unattended.” The Division introduced
into evidence sample 31/4-inch nails typically used in that make and model of nailer, “but there was no evidence regarding
the diameter of those nails,” the Board
wrote.
A citation was issued for this second incident charging a serious violation of §
Page 17
1704(b) “because a pneumatic nailer (nailer) was allegedly left unattended at the site
while connected to a charged compressor.”
The inspector believed that “the nailer
could ... expel a projectile ... that was likely to cause serious injury upon striking an
employee.”
The employee who had been using the
nailer testified that he was working alone
on a window sill and had left for one
minute “to get additional lumber from
around the back of the site ...” Upon
returning, he saw the superintendent and
the two inspectors. Not wanting to disturb
them, he went inside the house to work on
something else; he was returning from that
task when the inspector first saw him.
The ALJ resolved this conflicting testimony as to his time and distance away from
the nailer in favor of the Division and also
found that the violation had occurred
regardless of the conflict.
The Board noted that: “The classification
of the violation as serious was based upon
the occurrence of an injury involving the
same make and model of nailer two days
earlier,” as well as the inspector’s opinion
testimony that was credited over
Employer’s objection to her qualifications.
The inspector, “without foundation,
assumed that it was common knowledge
that the effect of a nail being discharged
into a human body was analogous to a person being shot with a gun. Therefore, the
Division proffered there was a probability
that death or serious physical harm would
result if a nail struck an employee.”
Issues. The Board addressed three questions: whether Employer left the nailer
“unattended” and “not in use” while it was
connected to the air supply at the tool;
whether there was employee exposure to
the volative condition; and whether there
was a probability of serious harm from an
accident caused by the violation.
Findings and Reasons for Decision
After Reconsideration.
1. The pneumatic nailing gun.
Section 1704(b) reads:
“(b) When not in use, or unattended, all
pneumatically driven nailers and staplers
shall be disconnected from the air supply
Continued on Page 18
Page 18
Tools and Equipment
Continued from Page 17
at the tool.”
Employer contended that the evidence did
not prove it was not in violation because:
“1. The definition of ‘unattended’ is not
based upon time or distance;
“2. The nailer was ‘attended’ because an
employee was on the site and the nailer
would continue to be attended to as long as
he was on the site;
“3. Even if the definition of ‘unattended’ is
based upon time or distance, an employee
spent only a brief period of time away
from the nailer in order to obtain materials;
“4. That employee was engaged in ‘using’
the nailer as long as he was engaged in an
activity related to its use;
“5. Getting materials to assist in using the
nailer is an activity related to its use.”
The Board disagreed with the ALJ’s finding that the nailer was in use and unattended.
The discrepancy between the inspector’s
CFCA Newsletter
testimony that the elapsed time between
her arrival and the return of the employee
was 5-10 minutes, and the employee’s testimony that it was only one minute, was
resolved by the ALJ in the Division’s
favor. But the ALJ also found the conflict
“irrelevant because even if the nailer was
unattended and connected for a period of
one minute, that would constitute a violation of section 1704(b).”
However, the Board pointed out that the
Division must prove “each element of a
violation, and the applicability of the safety order.” (Teichert Aggregates,
Cal/OSHA App. 00-3838, DAR (Jan. 10,
2003) [Digest ¶ 20,446R].)
The Board concluded that the Division did
not prove each element—that the nailer
was “not in use” and was “unattended.”
The Board disagreed with the ALJ “that
momentary absences of one minute would
constitute a violation in all circumstances.
The situation found on a particular job site
presents unique facts,” the Board wrote.
“Determining whether a pneumatic nailer
or stapler is ‘in use’ or ‘unattended’ should
be premised upon the overall circumstances and not solely upon a momentary
separation between the attendant and the
nailer.”
The Board also disagreed with the inspector’s opinion that the safety order is
intended to prevent nailers from being
used like a gun. “The safety order is silent
on its face as to the type of harm sought to
be prevented.” Her opinion that an unattended nailer “could be picked up by a person, aimed at another person, and the trigger engaged, discharging a nail like a gun
fires a bullet,” was without foundation, the
Board wrote, and “the Division did not
present any additional evidence regarding
the types of harm the safety order sought
to prevent, i.e., whipping action of a hose
under pressure, tripping hazard, etc.”
Furthermore, there was no evidence about
the condition or presence of the safety
device on the gun’s muzzle, or that the
nailer was loaded with nails. “Therefore,
there was no evidence that the nailer at
issue could actually be used in a manner
similar to a gun, or that there was a projectile that could actually be discharged.”
Continued on Page 19
CFCA Newsletter
Page 19
Tools and Equipment
have access to the zone of danger.”
Continued from Page 18
The inspector saw no other employee at
the site. “Because the alleged violation is
an unattended nailer,” the Board wrote,
“once its attendant returns there can be no
infraction, and since no other employees
were in the vicinity, there could be no
employee exposure to the alleged violation. If a hazard exists in the workplace but
no employee is exposed to the hazard and
is not likely to come into contact with the
danger zone, a citation will not lie.”
(Wickes Forest Industries, Cal/OSHA
App. 79-1269, DAR (Oct. 31, 1984)
[Digest ¶ 15,930R].)
And, finally, “[t]he Division did not prove
[that] the harm sought to be prevented was
to ensure that nailers were not used like
guns. Nor did the Division prove that the
nailer in question was capable of being
used like a gun.”
2. Employee exposure.
Employer contended that its employee was
not exposed to the hazard or likely to come
into contact with the danger zone because
the only employee at the site was the nailer’s attendant, and its other employees
were a half-mile away at another home
site. The employee testified that he was
working alone and needed no assistance.
The Board disagreed with the ALJ’s finding that the Division established employee
exposure. The Division did not provide
“proof of actual exposure or [show]
employee access to the zone of danger
based on evidence of reasonable predictability that employees, while in the
course of assigned work duties, pursuing
personal activities during work, and normal means of ingress and egress would
“There must be some evidence that
employees came within the zone of danger
while performing work-related duties, pursuing personal activities during work, or
employing normal means of ingress and
egress to their work stations for there to be
a violation.” (Nicholson-Brown, Inc.,
Cal/OSHA App. 77-024, DAR (Dec. 20,
1979) [Digest ¶ 13,649R].)
The Division relied on the inspector’s
opinion that “the nailer could be accessible
to other employees or members of the pub-
lic.” This, the Board wrote, may have also
been reliance on Benicia Foundry & Iron
Works, Inc. (Cal/OSHA App. 00-2976,
DAR (April 24, 2003) [Digest ¶
20,494R]), which addressed “the issue of
proving exposure without evidence of
actual exposure ...” That case held that the
Division could establish the element of
employee exposure to a violative condition without proof of actual exposure “by
showing employee access to the zone of
danger based on evidence of reasonable
predictability that employees while in the
course of assigned work duties, pursuing
personal activities during work, and normal means of ingress and egress would
have access to the zone of danger.”
However, the Board noted here, Benicia
Foundry “did not reverse earlier Board
precedent which holds that the Division
must offer proof that employees have been
or are likely to be exposed to the hazard
created by the violative condition.” (The
Home Depot U.S.A. Inc., Cal/OSHA
App. 99-690, DAR (March 21, 2002)
[Digest ¶ 20,235R]; Wickes Forest
Continued on Page 20
Page 20
Tools and Equipment
Continued from Page 19
Industries, supra.; Huber, Hunt &
Nichols, Inc., Cal/OSHA App. 75-1182,
DAR (July 26, 1977) [Digest ¶ 12,043R];
and Ford Motor Co., Cal/OSHA App. 76706, DAR (July 20, 1979) [Digest ¶
13,417R].)
“Proof that employees were not prevented
from accessing a work site does not alone
suffice to prove employees were likely to
access the danger zone. To the extent that
Benicia may be read not to require the
Division to prove the likelihood of
employees approaching the zone of danger, it is disapproved,” the Board wrote.
In this case, other employees were a halfmile away. The Division “did not present
evidence that any other worker was likely
to visit the vicinity of the nailer, that the
area was a passage way to another work
location or that it was an exit-way.” The
nailer’s attendant had no assistant, and
there was no evidence that others were
anywhere nearby “when he was working
and/or when he went to retrieve materials.
Nor was there evidence that any other
CFCA Newsletter
employees had worked on the house that
day before the compliance officers arrived
at the site.”
There was nothing, the Board concluded,
to support a finding of exposure.
3. Possibility of serious harm.
Labor Code § 6432, subsections (a)(2) and
(c) reads:
“(a) As used in this part, a ‘serious violation’ shall be deemed to exist in a place of
employment if there is a substantial probability that death or serious physical harm
could result from a violation, including,
but not limited to, circumstances where
there is a substantial probability that ... the
following could result in death or great
bodily injury:
“...
“(2) The existence of one or more practices, means, methods, operations, or
processes which have been adopted or are
in use, in the place of employment.
“* * *
“(c) As used in this section, ‘substantial
probability’ refers not to the probability
that an accident or exposure will occur as
a result of the violation, but rather to the
probability that death or serious physical
harm will result assuming an accident or
exposure occurs as a result of the violation.”
Employer challenged the serious harm element because the nailer at issue at the time
of the inspection could not discharge a
projectile; there was no employee exposure; and there was insufficient evidence
to conclude there would be a substantial
probability of death or serious injury if a
nail were projected into a human body.
The Board disagreed with the ALJ’s finding that the Division proved a probability
that death or serious physical harm would
result from an accident or exposure involving the violative condition.
According to the hearing record, “the nailer was resting on the ground, connected to
the compressor with a hose, near an exterior wall of a house ... The compressor was
charged to a pressure between 100 and 120
psi.”
Continued on Page 21
CFCA Newsletter
Tools and Equipment
Continued from Page 20
But there was no evidence, the Board
wrote, “to establish that the nailer was
loaded with nails at the time, or that any
safety device on the muzzle had been
removed, altered or was defective. Nor
was there evidence that this specific nailer
had caused previous injury...” In the accident two days before, a nailer (probably
the same one) was “passed between two
employees, and due to an uncertain cause,
had discharged a nail, striking an employee in the neck. The injured employee was
transported to the hospital and released in
less than twenty-four hours, and the injury
proved to be less than serious.”
The opinion testimony of the inspector fell
short – it “lacked proper foundation.” To
establish that the nailer could have discharged and seriously injured someone
was “a subject ... sufficiently beyond common experience” such that an expert’s
opinion would be required, or that a witness’ testimony must be based on special
knowledge and experience.
In this case, the Division’s inspector gave
Page 21
her college education and 18 years of work
experience with Fed- and Cal/OSHA as
background. She had, for 10 years, inspected at construction sites and participated in
residential housing construction sweeps
conducted by the Division. She also said
she had used a nailer at home. However,
there was no evidence of “any specific
knowledge, skill, experience, training or
education regarding the injuries caused by
the type of nailer at issue” or regarding any
previous inspection involving injuries
caused by a similar nailer. There was no
evidence of her expertise regarding how
deep a nail projected at 100 to 120 psi
would travel into the human body and what
injuries would result, and the Division did
not present any documentary or demonstrative evidence on the subject.
Her opinion that “the nailer was analogous to
a gun if the safety device on the muzzle was
removed,” was rejected. There was no indication that anyone checked to see if the nailer was loaded or if the safety device was not
functioning. Her opinion was speculation.
When the inspector testified that the nailer
could cause injuries similar to those
caused by a gun, depending on where the
projectile hit someone – also “sufficiently
beyond the common experience as to
require the testimony of an expert witness,” according to the Board – she
referred to the accident two days before. In
the accident, an employee “was hit in the
neck by a nail, injured and hospitalized,
but was released in less than 24 hours, a
less than serious injury,” the Board noted.
“The previous incident, rather than supporting her opinion, shows that the type of
injury that can, and did occur, was nonserious.”
The Board noted also that the Division “did
not establish [that] the type of harm the
safety order addresses is limited to the
harm from projectiles...” Therefore, the
Board “[could not] infer that this is the type
of injury that must be presumed for purposes of determining substantial probability.”
In conclusion, the Board found nothing to
support the ALJ’s determination that death
or serious physical harm would probably
result, assuming an accident or exposure
stemming from the violation. The Board
reversed the ALJ decision and dismissed
the citation and penalty.
Page 22
CFCA Newsletter
Carpentry
Continued from Page 13
3.1.5 Floor Joists and Manufactured
Floor Trusses
❑ Prior to installation, check for HVAC
plumbing and electrical head-outs,
cutouts, chases, etc. Coordinate work
with MEP Plans, if they are available.
❑ All floor joists shall be of the required
size and grade determined in the
Structural Engineering Plans.
❑ Before rolling joists, verify the joist
spacing shown on the Plans.
❑ If manufactured floor trusses are used, the
span and spacing shall conform to the manufacturer’s published span tables. All shall
be in compliance with applicable codes.
❑ Do not make custom cuts or holes in truss
webs unless they completely conform to the
manufacturer’s instructions and are approved
by the Project Structural Engineer. Holes in
joists shall be no more than 2 in. in diameter
and not less than 21/2 in. from either edge.
❑ Do not compromise the structural integrity of framing members by improper
notching, drilling, or cutting. Always
check code, manufacturer’s recommendations, and engineering requirements.
❑ Beam hangers shall be set so that the bot-
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
toms of beams fit flush. No metal shall
protrude into the plane of the drywall.
Joists set above top plates and beams shall
be toenailed on both sides and to all walls.
Nail all double joists 16 in. o.c., staggered.
Connect all boards lapped over one
another with at least four 16d nails.
Install shear transfer nailing at joists in
accordance with Engineering Plans.
Head out shears and heat run layout, as
required.
Install all backing where needed.
Install all blocking where required.
Block out openings for heat registers in
floors on all four sides.
Block all exterior walls.
Block joists a minimum of 8 ft. o.c. or
as indicated by the truss manufacturer.
Blocking does not apply to all conditions of manufactured joists.
Secure all wing walls or walls with
unrestrained ends to prevent excessive
movement. Refer questions to the
Structural Engineer in case of uncertainty.
All hangers shall be installed fully
nailed or screwed, with all nail or screw
holes completely filled.
3.1.6 Ceiling Joists
❑ Layout joists so as not to conflict with
electrical rough and finish fixtures.
❑ Place all crowns up. Use correct center-tocenter spacing, per the Plans (16”, 24”, etc.).
❑ Block heat duct cutouts.
❑ “Cat-walk” joist mid-spans with 2x4’s.
Spans over 16 ft. shall be double cat-walked.
❑ Use pressure blocks or metal hangers at
beam connections.
❑ Head out attic access openings.
❑ Rafters and ceiling joists shall be in
contact with each other and connected
at end bearing points.
❑ Scrap out and clean unit.
3.1.8 Shear and Other Structural
❑ Shear walls shall be installed immediately after establishing plumb and line.
❑ Check for proper nail spacing, types
and sizes (8d, 10d, etc.). Do not use
undersized nails. Do not use box nails
when common nails are specified.
❑ Mark all plumbing locations on floors and
walls – avoid using nails at these locations.
❑ Unless otherwise approved by the Project
Structural Engineer, all nail holes or bolt
Continued on Page 23
CFCA Newsletter
Page 23
Carpentry
Continued from Page 22
holes in structural metal strapping shall be filled with appropriate
nails or bolts.
❑ Nail structural grade plywood or OSB to the studs. Conform to the
Structural Engineer’s nailing schedule and code requirements.
❑ Shear plywood is to be screwed to steel studs.
❑ Install all structural straps outside of plywood or OSB.
❑ Nail with the nail size shown on the structural drawings.
❑ Nail all PA straps through shear panels, into framing members.
❑ Do not overdrive nails.
Standard: Nail heads driven over 1/32 in. below the outer face of
shear panels have less shear value and are considered unacceptable.
❑ Shear panels width shall be a minimum of 32 in. wide.
❑ All shear panel edges shall be blocked.
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.
❑ Shear wall sheathing shall run throughout intersecting wall “channels”, or other means used to provide shear continuity.
To Order Contact:
Gail at Digital 2000, Inc.
Standard: Space all exterior wall and roof OSB shear panels and
other sheathing a minimum of 1/8 in. apart; do not butt tight.
(800) 334-1523
❑ All shear panel edges shall fall on structural members.
❑ Pull “hooked” nails.
❑ Check for shiners; pull and re-nail all shiners.
❑ Verify that all hold-downs are installed in conformance with the Plans.
Fax (281) 988-8900
www.trainingprofessionals.com
Page 24
Attention Members:
U.S. agents arrested 22 illegal immigrants on
Wednesday, June 28, 2006, who worked for an
Encinitas-based pipeline company. The workers were
arrested at their homes by U.S. Immigration and
Customs Enforcement Officers during an early morning sweep. The arrests are part of an ICE clampdown
on private contractors in San Diego County.
Please use the following link for the
complete article:
http://www.nctimes.com/articles/2006/06/29/news/sandiego/16_45_566_28_06.txt
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.
CFCA Newsletter
Page 25
Page 26
CFCA Newsletter
CFCA Newsletter
2006 CFCA Framing Contractor Members
Debbie Adams
Nicholas Lane Contractors
Scott Anderson
Surco Development
Craig Backstrom
Surco Development
Mark Benedetti
Select Build Southern California
Tim Boggess
MBC Construction, Inc.
Tom Brooks
BCI Framing & Drywall
Joe Bunker
B&B Framing, Inc.
Ronald Buroker
Madera Contractors
Dennis Cardwell
Coast Framing, Inc.
Wayne Carey
C.W. Construction, Inc.
Brian Christianson
Cal Coast Construction
Buck Cockey
Select Build Southern California
Glen Davies
GDT Framing, Inc.
Dale DeCarlo
Preferred Framing, Inc.
Dennis DeLucio
RND Construction, Inc.
Rick Denger
New Mid-Coast Builders, Inc.
Bill Dickinson
County Line Framing
Neal Drinkward
Elliott/Drinkward Construction, Inc.
James Elliott
Trico Framer, Inc.
Matthew M. Ellison
Ellison Framing, Inc.
Marc Fabre
BCI Framing & Drywall
John Ford
Ford Framing Company, Inc.
Howard Haig
Hondo Construction & Dev.
Dave Hale
Rancho Framing, Inc.
Ryan Holmes
Select Build Southern California
Kurt Jordan
RND Construction, Inc.
Robert Keele
WestCor Construction
Richard Kimball
Quality Structures, Inc.
Rocky King
Rockwell D. King Construction, Inc.
John Lewis
Select Build Southern California
Roger Marin
RJM Construction, Inc.
Patrick McCarthy
McCarthy Framing Construction, Inc.
Frank Mercier
Lucas & Mercier Construction, Inc.
Rick Mercier
Lucas & Mercier Construction, Inc.
Greg Minor
Greg Minor Construction
Bill Montalvo
Mon-May Enterprises, Inc
Ken Munson
Lucas & Mercier Construction, Inc.
Donna Porter
Coast Framing, Inc.
Jim Post
Preferred Framing, Inc.
Paul Rakowski
Cal Coast Construction
Thomas W. Rhodes
T.W.R. Framing
Leah K. Rivera
Protégé Builders, Inc.
John Romero
JR Framing, Inc.
Page 27
Loren Sextro
Serfin Construction, Inc.
Nicholas Shaddix
Nicholas Lane Contractors
Doug Smith
EBI Framing
Steve Smith
Stevco Framers, Inc.
Valerie Smith
Stevco Framers, Inc.
Jim Snodgrass
CBC Framing, Inc.
Ron Stettler
Surco Development
Dave Van Wicklin
SelectBuild Northern California
Ben Viloria
Viloria Construction
John Vojtech
CBC Framing, Inc.
John Volkman
SelectBuild Northern California
Ray Wakeham
RND Construction, Inc.
John Williams
Rancho Framing, Inc.
Steve Wilson
Socal Framing, Inc.
Dick Harris
Wesseln Construction Co.
Framing Associate
Fred Hovenier
Laurence-Hovenier, Inc.
Framing Associate
Ron Laurence
Laurence-Hovenier, Inc.
Framing Associate
2006 CFCA Associate Members
Jeremy Agrelius
Grove Lumber
Dennis Ascencio
HCS-Cutler
Ken Baker
California Truss Company, Inc.
Bud Barr
White Cap Construction Supply
Randy Beck
White Cap Construction Supply
Ken Bell
Simpson Strong-Tie Co., Inc.
Mark Boone
Champion Lumber Co.
Dan Burkhart
Simpson Strong-Tie (Quik Drive USA)
Diane Chambers
ORCO Construction Supply Co., Inc.
Ken Cloyd
California Truss Company, Inc.
Steve Croll
Grove Hardware
Bill Dage
ORCO Construction Supply Co., Inc.
Mark Davis
Weyerhaeuser
Tommy Ebberts
Grove Hardware
Kathy Ellis
Hardy Frames, Inc.
Ron English
James Truss Co.
Gary Foster
White Cap Construction Supply
Steve Foster
MFM Building Products
Bill Gates
GatesCo Enterprises, Inc.
Rusty Goger
PRO Installer - Schnee-Morehead, Inc.
Eric Golden
California Forklift Co.
Paul Haacke
Grove Lumber
Brian Haena
United Steel Products
Rob Hager
Reno Hardware & Supply, Inc.
James Harrington
James Truss Co.
Steve Hawkins
California Truss Company, Inc.
Kirk Herold
Safety Compliance Company
Tom Herold
Safety Compliance Company
Will Higman
Reliable Wholesale Lumber, Inc.
Charles W. Hippenstiel
Safety Compliance Company
Bryant Hope
Paslode
Brian Hurdle
The Collins Companies
Richard Jacobs
United Steel Products
Brent Johnson
Home Lumber Company
Milton E. Johnson
Home Lumber Company
Jim Julian
Champion Lumber Co.
Bob Kircher
Las Plumas Lumber & Truss Co., LLC
Jim Lawrence
Lockton Insurance Brokers, Inc.
Rock Lee
Dixieline Lumber Co.
Walter Lee
Lockton Insurance Brokers, Inc.
Tom Lopez
Weyerhaeuser
Jimmy McElreath
PRO Installer - Schnee-Morehead, Inc.
Gary Messenger
No Leaks, Inc. - MFM Building Products
Joe Michael
Universal Truss, Inc.
Mitch Mitchell
Reliable Wholesale Lumber, Inc.
Steve Mitchell
Universal Truss, Inc.
Wayne Nailon
Home Lumber Company
Kurt Nicolai
Reno Hardware & Supply, Inc.
Travis Post
Comet Engineering, Inc.
Bill Reavely
Boise Building Solutions
Randall C. Richards
Reliable Wholesale Lumber, Inc.
Mike Ruede
California Truss Company, Inc.
John Schuster
California Forklift Co.
John Seely
Hardy Frames, Inc.
Bob Seiple
PRO Installer - Schnee-Morehead, Inc.
Gary Sell
Hardy Frames, Inc.
Tammy Simonds
Weyerhaeuser
Ted Smith
Champion Lumber Co.
Frank Snoddy
United Steel Products
Brent Spates
Spates Fabricators
Richard Stamsek
James Hardie Building Products
Patrick Stewart
Reno Hardware & Supply, Inc.
Chris Thoman
Simpson Strong-Tie Co., Inc.
Lovell Williams
Weyerhaeuser
Michael Wootten
Reno Hardware & Supply, Inc.
Misty Wootten
Reno Hardware & Supply, Inc.
Page 28
CALPASC 2006 Board of Directors
Jeff Wilson
A-1 Door and Building Solutions
President
Tim Davey
DRI Residential Corporation
First Vice President
Greg Colgate
California Tile Company
Vice President/Secretary
Michael Mahony
Dynamic Plumbing Systems, Inc.
Treasurer
Steve Benjamin
Production Framing Systems, Inc.
Director
Tommy Conner
Superior Tile and Stone
Director
Rob Cravy
Terry Tuell Concrete, Inc.
Director
Gary Graham
Graham Concrete Construction
Director
CFCA Newsletter
Thomas Steele
Hardwood Creations
Director
Tim Taylor
Taylor Trim & Supply, Inc.
Director
Tom Lewis
Mueller Lewis Concrete, Inc.
Immediate Past President
Brad Diede
CALPASC Northern California
Executive Vice President
Bruce Wick
CALPASC Northern California
Vice President of Risk Management
Dave Louden
CALPASC Northern California
Director of Government Affairs
Ted Wood
CALPASC Northern California
General Counsel
Beth Curran
CALPASC OCIE Chapter
Executive Director
Dave Keefe
Trilogy Plumbing, Inc.
Director
Jennifer Banta
CALPASC San Joaquin Valley Chapter
Executive Director
Bob Lindsey
Signature Drywall
Director
Cees Molenaar
CALPASC San Diego Chapter
Executive Director
John Mohns
Benchmark Landscape, Inc.
Director
Jenifer McDonald
CALPASC Northern California Chapter
Executive Director
✁
cut here
CFCA Newsletter
Page 31
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 2006. 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 will be held on April 5, 2006. If you are interested in attending this conference, please contact our
offices.
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.
California Framing Contractors Association
Headquarters
3636 American River Dr., 2nd Floor
Sacramento, CA 95864
(916) 485-3367
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) 783-5363
[email protected]