Palm Beach County Roofing & Sheet Metal Contractors Association

SHEAR BULLSHEAR BULLPREVENTING THEFT ON YOUR JOBSITE

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PBCR & SMCA O�ce and Phones: 2101 Vista Parkway, Suite 4001, West Palm Beach, FL 33411

Tel: 561.655.5393 | Fax: 561.688.8807 pbcroofers.com | facebook.com/groups/269143749847473

Ronald A. Frano, MBA, Executive Director - rfrano@comcast.net

January 2016

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Martin Luther King Day

JUNE 2019

Manuel Oyola Jr (Manny)President

George JacobazziVice President

Dennis MedagliaTreasurer/Past President

Joe ByrneActing Secretary

BOARD MEMBERS • Ronney Taveras • Corey Daley • Ben Preston • Mark Terlep • Joe Byrne • William Kirkland Jr.

Ronald A. Frano MBAExecutive Director

Legal CounselTrent Cotney, P.A. 813.579.3278

Program, Publication & WebJoe Byrne 561-471-8363

Representatives:Construction Industry

Licensing BoardBen Preston, 561-964-7987

Construction Board ofAdjustment & Appeals

Manny Oyola 561-436-5765

Building Code Advisory BoardJoe Byrne 561-471-8363

2019 Officers &Board of Directors

By: Danielle Maya, Cotney Construction Law

The construction industry has a billion-dollar-a-year problem. That problem is jobsite theft. From copper to heavy machinery, theft runs rampant. Adverse impacts from jobsite theft go beyond the stolen item itself. When things are stolen, manpower is wasted waiting for replacements. Additionally, theft claims to insurance companies lead to higher rates and impact your bottom line.Theft mitigation starts with management. For each jobsite, create a Site Security Plan detailing procedures on-site personnel are expected to adhere to. Consider implementing the following components into your Plan:

DINNER MEETING

Tues, June 25 @ 6PM

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West Palm Beach, FL 33411

• Door & Window Lock: Verify and log that doors and windows are locked at the end of each day.

• Gate Security: Track when gates are opened and closed, who performed the task, and deliveries.

• Keys: Document who has keys and when keys are returned. Discuss putting “Do Not Duplicate” and a unique stamp on keys with your locksmith. Require the locksmith to request a security code before duplicating stamped keys. Share the stamp’s meaning to all area locksmiths.

• Knox Box: When coordinating Knox Box keys with the Fire Department, provide 2 sets of keys for each box. If police respond to on-going theft, having 2 sets may help them catch a thief onsite.

• Law Enforcement: Offer law enforcement a site tour and ask them to watch the site while they patrol.

• Light Check, Interior: To help police and neighbors (who become accustomed to a uniform look) notice when things are out of the ordinary, turn off interior lights at the end of each day.

• Light Check, Exterior: Install exterior lighting and turn it on every night. While leaving an interior light on can invite trespassers, an exterior light will deter them.

• On-Site Personnel: Conduct twice-a-day a site-wide man counts. Log who is onsite, who they work for, where specifically they were working, and what they were doing.

• Security Guard: If a security guard is utilized, require the guard to make hourly updates on what round he walked, what he saw, any breaks he took, and any shift changes.

• Site Layout: Install fencing around the jobsite. Post warning signage on the fence and make sure the fence is secure and free of damaged sections.

• Theft-Response: If theft occurs, time is of the essence. Have contact numbers for law enforcement and insurance personnel readily available from the outset.

• Video Surveillance: Talk with neighboring property owners about installing temporary cameras on their building. The goal is to monitor your site and the roads leading to it.

continued on following page....

SHEAR BULL JUNE 2019 PAGE 2

• Visitor Log: Require visitors to check in at the job trailer. Log when visitors enter, when they leave, and obtain their contact information. Accompany onsite visitors at all times.

• Zero Tolerance: Make clear that theft will not be tolerated and will result in termination. Planning alone is no substitute for due diligence. Management must consider security from the worker’s perspective and understand that theft impacts worker morale. Let the workers know that you value their security by discussing the following considerations with them:

• Geo-Fencing: GPS technology can create a virtual perimeter around a site and allow workers to see if monitored property is removed. Some power tools and most heavy equipment come with standard tracking devices. Sensors can be added to those that don’t. Remind workers to ensure their monitoring system is working and software is up to date.

• Identifying Personal Property: Each worker and employer should engrave personal tools. Stickers can be removed. Sharpie can be wiped off. Engraving ladders, radios, drill batteries, compressors, brooms, and all other personal property can prevent intra-jobsite theft.

• Job Box: Encourage lockable tool boxes and designate a common area for job box storage.

• Material: Remind workers that the longer material sits, the more likely it is to be stolen.

• Mobile Equipment: Remind workers to register heavy equipment, record model and serial numbers, and photograph marks or decals. Encourage them to place signage on equipment that notifies would-be thieves that the equipment is electronically tracked. Require operators to remove keys and lock cabs when not using equipment.

Above all, utilize common sense in securing your jobsite. Planning and daily due diligence will reduce the likelihood that your jobsite will be a thief’s next target, but the risk still remains. Consult an attorney to help develop your Security Plan or discuss the options if you have been the victim of jobsite theft.Danielle Maya is a Partner at Cotney Construction Law’s Denver, Colorado office. For more information, contact the author at (303)653-9155, dmaya@cotneycl.com or visit www.trentcotney.com.

PREVENTING THEFT ON YOUR JOBSITE (contined from page 1)

Danielle Maya is a Partner at Cotney Construction Law’s Denver, Colorado office. For more information, contact the author at (303)653-9155, dmaya@cotneycl.com or visit www.trentcotney.com.

SHEAR BULL JUNE 2019 PAGE 3

DOL ENFORCEMENT ACTIONS ARE UPAND EXPECTED TO STAY THAT WAY

U.S. Secretary of Labor Alexander Acosta recently said that he “fully expects” OSHA inspections to increase once new inspectors are trained. Acosta’s remarks are in line with the significant increase in enforcement actions employers have seen in the past two fiscal years.

Increased DOL Enforcement Actions The DOL’s enforcement actions across the vast majority of its offices and agencies have increased in the past two fiscal years. In the 2016 fiscal year, OSHA conducted 31,948 inspections, and the Employee Benefits Security Administration (EBSA) recovered $352 million in enforcement actions.

Comparatively, according to the most recent data, the EBSA recovered $1.1 billion in enforcement actions. Despite the increased action, DOL guidance on complying with rules and regulations has decreased.

What Does This Mean for Employers? Employers should be aware that the uptick of DOL enforcement actions will continue. As such, they should take action to review and evaluate their compliance obligations to avoid costly fines and penalties.

In particular, employers should review their OSHA obligations, as the DOL has communicated that inspections will continue to increase. Additionally, employers should take time to review the newly proposed overtime rule to identify which employees may be affected if the rule becomes final.

LOWEST UNEMPLOYMENT IN DECADESJob figures continued to rise in April, officially bringing unemployment to its lowest in 50 years—3.6%, according to the Bureau of Labor Statistics (BLS).

Primary job gains occurred in the health and business services sectors, with respectable growth in construction as well. With over 150,000 jobs being added each month, on average, employment growth shows no signs of slowing down. However, despite this upward trend, experts caution to expect more modest job creation over the next few months.

Growth by the NumbersUnemployment fell across all categories tracked by the BLS. Notably, unemployment rates for women and Hispanics dropped to record lows for the first time since 1953 and 1973, respectively.

But not all workers are feeling the economic gains.

Long-term unemployment is still high, and the number of part-time workers looking to work full-time remains steady, according to experts.

Employer TakeawayThe labor market is tightening up, but it’s not tapped out. This means now is the time to attract talent and retain your current workforce.

Rob Foote is the President of Frank H. Furman, Inc. and is a deeply experienced Insurance and Risk Management Advisor to the roofing industry. Rob is an expert in uniquely crafting and managing Insurance and Risk Management programs for 124 roofing professionals.

For more information, contact Rob at: 954-943-5050, cell- 954-609-0820 or rob@furmaninsurance.com

SHEAR BULL MAY 2019 PAGE 4

DINNER MEETINGMAY 2019

SHEAR BULL JUNE 2019 PAGE 5

facebook.com/groups/269143749847473Tel: 561.655.5393 | Fax: 561.688.8807

Ronald A. Frano, MBA, Executive Directorrfrano@pbcroofers.com

PBCR & SMCA Office and Phones:2101 Vista Parkway, Suite 4001,

West Palm Beach, FL 33411pbcroofers.com

MESSAGE FROM THE PRESIDENT

Our May meeting was a success. We had over 40 attendees there to listen to a presentation by Riku Ylipelkonen, Technical Manager from ICP on Roof Tile Adhesives. Our next meeting will be June 25, 2019 and will cover the subject of Metal. Still working on the presenter but any further information will be sent out to all members. There will be no dinner meeting in July to avoid a conflict with the FRSA annual Convention. We have been getting very positive feedback from members who attend our meetings about the new venue. The food is great and the accommodations very relaxing and enjoyable. Hope we can get more of you to the meetings. The price is certainly right.

Respectfully SubmittedManuel (Manny) Oyola Jr

SHEAR BULL JUNE 2019 PAGE 6

January 2016 Volume 29 - 12

Opinions expressed in any of the articles submitted to the Shear Bull are not necessarily the opinions of the Palm Beach County Roo�ng & Sheet Metal Contractors Association. The Shear Bull is a forum for those involved in the roo�ng industry including building o�cials & inspectors.

Upcoming Program

Under the current administration, OSHA has dramatically increased the number of inspec-tions and citations issued to roofing contrac-tors. President Obama recently signed the Federal Budget Act (the “Act”) on November 2, 2015. A provision was buried in the text of the Act that authorized OSHA to increase the penalties for citations for the first time since 1990. Under the Act, OSHA can account for inflation from 1990 to 2015 and increase fines using a one-time increase. Modified for inflation, penalties can increase by as much as 82%. For example, the maximum fine for a repeat or willful violation is $70,000. Under the new Act, the fines could increase to $125,000. The minimum fine often assessed to contrac-tors is $7,000 for serious-classified violations. Under the new Act, that fine could increase to approximately $12,500.

The Act also allows OSHA to increase penalties every year to account for the Consumer Price Index (CPI) inflation increase. Currently, it appears the increased penalties will go into effect on or before August 1, 2016, with annual increases to start in 2017. Safety is a top priority for any roofer. However, given the rampant increase in OSHA inspections and questionable citations, this sudden and dramatic increase in penalties may have a chilling effect on construction and adversely affect many roofing contractors.

To address these issues, we recommend that roofing contractors participate in local, state and national roofing associations to lobby for changes to OSHA inspections and enforcement. Many states have also developed their own safety programs using federal guidelines and have opted out of federal OSHA enforcement. A state-centralized safety commission may have more accountability than the current federal Department of Labor.

Author’s note: The information contained in this article is for general educational informa-tion only project and go from there. Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Trent Cotney is Florida Bar Certified in Construc-tion Law, General Counsel and a director of the Florida Roofing Sheet Metal and Air-Condition-ing Contractors Association (FRSA), a member of the Palm Beach County Roofing & Sheet Metal Association, a member of the National Roofing Contractors Association (NRCA), Midwest Roofing Contractors Association (MRCA) and several other FRSA affiliates.For more information, contact the author at 813-579-3278 or go to www.trentcotney.com.

Federal Budget ActRaises OSHA Fines by 80%By Trent Cotney

Trent Cotney, P.A. - 407 N. Howard Avenue, Suite 100, Tampa, FL 33606(813) 579-3278 - tcotney@trentcotney.com

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