October 19, 2010 Bulletin # 68 Page 1
IN MEMORIAM
Estell E. Preston
It is with deep regret that we inform you of the death of Estell E. Preston, mother of Cecil Preston, President of Preston Construction LLC. We extend our deepest sympathies to the Preston Family.
Friends and relatives are invited to visit the family for funeral services on Saturday,
October 23, 2010. The Viewing will be from 9:00 a.m. -11:00 a.m. followed by the Funeral mass at 11:00 a.m. at Greater Exodus Baptist Church, 704-714 North Broad Street, Philadelphia, PA 19130. Interment will be held at Mount Lawn Cemetery, Sharon Hill, PA.
Condolences may be sent to:
The Preston Family
121 Crossing Way
Lindenwold, NJ 08021
Bid Results
Philadelphia Procurement, Dept. of Public Property
Bid No. 4198GCON- Roof Replace/Exterior Facade Rehab at Cliveden Park.
JPS Construction Co., Inc. $105,000.00
Milestone Construction Mgmt., Inc. $119,119.00
Knapp Masonry, LLC $145,500.00
Murphy, Quigley Company, Inc. $150,654.00
Pannulla Construction Co., Inc. $164,934.00
*Seravalli, Inc. $199,920.00
D. A. Nolt, Inc. $255,395.76
*Denotes Memebers of CAEP
Philadelphia Procurement Bid Postponement
Please be advised that the Phila., Dept. of Public Property Bid No. 4685GCON- Hawthorne Park; Development of New Park, has been postponed until Tuesday, November 2, 2010 until 10:30 a.m. in Room 170A, Municipal Services Building. (Originally scheduled to open 10/19/10)
Advertisements
Philadelphia Procurement, Streets Dept.
Bid No. 3703- Partial Reconstruct. of 2500 Block of Panama Street.
Bid No. 3712- Furnish/Place Pavement Markings
The Bid due date for the above projects is Tuesday, November 16, 2010 until 10:30 a.m. in Room 170A, Municipal Services Building (MSB), 1401 JFK Blvd., Phila., PA 19102. No bids will be accepted unless a Questionnaire and Financial Statement is filed on or before Tuesday, November 2, 2010 with the Streets Dept. 940 MSB Phila., PA. Specifications and Related Documents may be obtained in Room 170B. In lieu of a pre-bid meeting, for both of the above projects, questions must be submitted no later than 5:00pm on 11/2/10 to (215) 686-5064 or .
October 19, 2010 Bulletin # 68 Page 2
Industry News
Governor Rendell Signs Legislation Establishing the Construction Workplace Misclassification Act
On October 13, 2010 Governor Edward G. Rendell signed into law House Bill 400, establishing the Construction Workplace Misclassification Act (CWMA). Under the CWMA, an individual who performs construction work may be considered and paid as an independent contractor only if: (1) the individual has a written contract; (2) the individual is free from control or direction over performance of such services, both under the contract and in fact; and (3) the individual is customarily engaged in an independently established trade, occupation, profession or business. Failure to withhold unemployment compensation contributions or workers’ compensation premiums shall not be a factor in determining whether an individual is an employee or an independent contractor. Under the CWMA, the consequences for misclassifying an individual as an independent contractor are severe. Administrative penalties may be up to $1,000 for the first violation, and up to $2,500 for each subsequent violation. For more detailed information, click here. To view HB 400 go to: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2009&sind=0&body=H&type=B&bn=0400
Federal Highway Administration
DBE Goal In-line Adjustment for FFY 2011
Consistent with 49 Code of Federal Regulations Part 26 (Part 26), Disadvantaged Business Enterprise (DBE) goals must be narrowly-tailored. As the result of a recent amendment to Part 26, formal annual goal submissions to federal operating administrations are no longer required. Recipients must now submit overall goals for review every three years according to a calendar established by United States Department of Transportation. Nonetheless, Section 26.51 of Part 26 continues to put the onus on recipients to evaluate their goals throughout the year. Where appropriate, in-line or mid-course adjustments to the goal must be made to ensure that the amount of contract and subcontract awards to DBEs is consistent with that which is necessary to remedy the effects of discrimination in the market place for federally-assisted highway transportation projects.
The Department’s FHWA overall DBE goal for federal fiscal year (FFY) 2010 was 6.16%; 3.40% race conscious, and 2.76% race neutral. The in-line adjustment for 2011 represents an overall goal of 6.52%; 4.31% race conscious, and 2.21% race neutral. This goal will remain in effect through September 30, 2011. Click below for a breakout and comparison of the individual market categories that encompass the overall DBE goal.
You can view the full in-line adjustment at: http://www.padbegoals.org/FHWAGoals/tabid/1293/Default.aspx
Safety News
OSHA’s Assistant Secretary Shares Vision of Transforming
To Meet Future Challenges
OSHA Assistant Secretary David Michaels sent a letter Oct. 15 to all OSHA personnel outlining the progress being made in transforming the way the agency addresses workplace hazards and communicates with employers and workers. Key points made focus in on Enforcement Activities, Injury Tracking and Reporting, Regulatory Activities, Compliance Assistance and Outreach, Gulf Clean-up, State Plans, Distracted Driving, Changes in the OSHA Leadership, and a Final Word on Heat. This letter also encourages input from stakeholders outside the agency on how to make OSHA stronger and more effective. These stakeholders include employers, workers, unions, public health professionals and scientists, federal and state agencies, trade associations, community and faith-based organizations, and educational institutions.
October 19, 2010 Bulletin # 68 Page 3
Continued: OSHA’s Assistant Secretary Shares Vision of Transforming
This letter was an update to a July 19 document Michaels issued to OSHA staff, OSHA at Forty: New Challenges and New Directions. In that document, Michaels discussed the need to transform OSHA, focusing on nine key areas. These areas are stronger enforcement, ensuring workers have a voice, refocusing and strengthening compliance assistance programs, changing workplace culture, developing innovative approaches to addressing hazards, improving and modernizing workplace injury and illness tracking, strengthening OSHA's use of science, strengthening State OSHA Plans and keeping the public informed about OSHA activities. You can read this full letter at http://www.osha.gov/as/opa/Michaels_vision-update101510.html
OSHA Increases Enforcement Demonstrating its
Commitment to Improved Safety
From October 2009 to September 2010, OSHA issued citations in 164 significant cases where penalties reached $100,000 or more. OSHA found conditions warranting use of its egregious citation policy in 20 of these inspections. In a so-called egregious case, an employer is cited on a per-instance basis under the same standard rather than grouping similar violations for penalty purposes. The result is a considerably higher penalty intended to serve as a deterrent. Egregious treatment is often used when an employer exhibits deliberately violative conduct or indifference to employee safety and health or the law. Many of these cases spring from inspections of tragic worker fatalities, worksite catastrophes (such as explosions or chemical releases) or worker injuries or illnesses. This number of significant and egregious cases is more than OSHA issued during any similar period in the last decade.
The increase in significant and egregious cases demonstrates OSHA's commitment to aggressively enforcing its standards when employers show indifference to protecting the safety, health, and lives of their workers. The increase results from better inspection targeting, more follow-up inspections, and the addition of more compliance officers. In addition, inspectors are issuing a higher percentage of citations for violations that seriously endanger workers or show an employer's willful disregard for their safety.
ASHE November Dinner Meeting
The next ASHE Dinner Meeting will be held on Wednesday, November 10, 2010 at the Radisson Hotel Valley Forge, 1106 First Avenue, King of Prussia, PA 19406. The social begins at 6:00 PM, the dinner at 7:00 PM, followed by the meeting at 8:00 PM. Meeting announcements will be sent shortly. If you have any questions, please call the CAEP office.