September • 2022 A Monthly Publication of ABC Keystone 32 Merit Shop The 2023PreparingInABCSpokesmanKeystoneActionfor&BeyondWelcome Back to Apprentices!KeystoneSchool,Chapter Watch for updates in the October issue!
CHAIR of the BOARD – Keith Eldredge, CPA, RKL CHAIR-ELECT – Steve Conway, Pyramid Construction Services, Inc., A Quandel Company 1st VICE CHAIR – John Lehmann, Poole Anderson Construction, LLC 2nd VICE CHAIR – Guy Kingree SECRETARY – Steven Kearns, James Craft & Son, Inc TREASURER – Timothy A. Kershner, CPA, Walz Group IMMEDIATE PAST CHAIR – Cleo Weaver, Delainco Realty, LLC 2022 Board of Directors: ABC Keystone Leadership Contents Merit Shop Spokesman The Eli Ace, Nexen Construction, LLC Robb Beiler, Quality Buildings LLC Jeff Bright, Saxton & Stump Lawyers and Consultants Roger S. Brubaker, Meadow Valley Electric, Inc. Douglas M. Dvorchak, Murray Ed Engle, Smucker Company Joe Finkey, Martin’s Flooring, Inc. Michael L. Fiore, Leonard S. Fiore, Inc. Brian Floyd, EPIC Insurance Brokers & Consultants Wayne Fuhrman, The Witmer Group Michael B. Funck Ken Funk, Arthur Funk & Sons, Inc. John H. Hykes II, B&B Integrations David H. Oblender, Engle-Hambright & Davies, Inc. James Stephens, CFSP, 11400 Inc. Bethany Tesché, Houck Services, Inc. Jan L. Wagner, Wagman Construction, Inc. G. David Sload, President-CEO ABC Keystone | 135 Shellyland Road, Manheim, PA 17545 (717) 653-8106 | abckeystone.org 2022 Executive Committee: The Merit Shop Spokesman is published 12 times a year by Associated Builders & Contractors, Keystone Chapter. Articles of interest, member news, press releases, and advertising placement requests may be submitted to the editor: Kristi Pronovost Director of Marketing & Communications ABC (717)kristi@abckeystone.orgKeystone653-8106ConnectwithABC on Social Media! @ABCKeystone@ABCKeystoneLinkedIn.com/company/abckeystone/@ABCKeystonePA 2 Message from the Chair 3 Message from the President-CEO 5 Advocacy Update 7 Keystone Chapter Calendar 9 Build Back Better Update 11 Summer Outdoor Mixer Photos 14 Chapter STEP Members 15 Newest Members & Anniversaries 16 New Member Spotlight 17 ABC Education Resources 18 Member News 19 Young Professionals Spotlight 20 Young Professionals Perspective 21 Ask an Attorney
One of the most dangerous things Congress could due to hurt an economy that was struggling with inflation and rising interest rates was to pass a new tax-and-spend bill. This new bill added a 15% corporate minimum tax under the alternative minimum tax, a 16.4 cent tax on crude oil and imported petroleum products and has infused billions of federal dollars into the economy—continuing the pressure on prices into the future. With inflation continuing near a 40 year high, we are hearing that the Federal Reserve will be looking at another 50-75 basis point increase in the rates.
ABC Keystone Diamond STEP Recipients at the Chapter's 8/16 Safety Recognition Breakfast. Congratulations to all STEP level recipients!
Now, it is time to turn the calendar and head into September. Vacations are done, and we begin a new school year, which means we look forward to the start of a new apprenticeship year. Our team is excited to see all the students back, and they are eager to see what these apprentices will accomplish. It is also time to talk about the elections. You have heard a lot from me about these upcoming elections, and now it is crucial we focus on the issues and further discuss what is important to ABC and to you.
There were other items in the bill that will have impact on the construction industry and were not highlighted by most news outlets. This bill includes an unprecedented expansion of Davis-Bacon and government registered apprenticeship incentives providing a five-fold increase in a tax credit for private developers that impose Davis-Bacon prevailing wage requirements. It is scary to think about Davis-Bacon rules on private jobs. Hopefully, the additional cost will outweigh any savings they will see. In Biden’s speech about the passing of the bills, he was 100% correct about one thing: the American people will need to decide whether they believe in an America under the Democrat-led policies or Republican-led policies. The Chair of the House Ways and Means Committee, Rep. Richard Neal, D-Mass, released a statement that stated if the Democrats retain control of the House, they will push more tax increases over the next two years. So, I ask, under which set of policies do you believe you and your business will do better: tax-and-spend or more business-friendly policies? We need to educate the uninformed voter about the dangers of a tax-andspend Congress. Make sure your voice is heard this fall. Vote. from the Keith Eldredge, CPA 2022 Chair of the Board (717)keldredge@rklcpa.comRKL843-3804 KEYSTONE IN ACTION
Chair A A
ugust was a fun month! It was great to see everyone in Wrightsville at ABC Keystone's Summer Outdoor Mixer presented by Saxton & Stump Lawyers and Consultants and to see many of you in Belfonte at the Keystone Chapter's Nittany Valley Mixer. Mixers like these are events I look forward to each year to have a good time and catch up with so many of our ABC members. It was especially valuable this year to build connections with our members from our new Nittany Valley Region.
2 Networking, Apprenticeships, Safety & Advocacy ABC
Another important event that took place in August was the Keystone Chapter's Safety Recognition Breakfast presented by Cohen Seglias Pallas Greenhall & Furman PC. Congratulation to all STEP level recipients, and thank you for submitting your applications this year. You understand that safety is a life-long journey, and you have an obligation to your employees to make sure they make it home each day.
Message
ON THE HOME STRETCH …but let’s
President-CEO
• Michael Metz-Topodas, Saul Ewing Arnstein & Lehr LLP
Let’s start with strategic planning. In September of 2021, we met to develop a new three-year plan along with new vision, mission, and value proposition statements. At the end of the strategic planning session, and with additional input from committees and staff, we landed on four focus areas:
• Scott Duke, The Witmer Group
planning will start at noon on September 14. We will begin with a lunch, and then we will pause at 4:30 p.m. for a reception. We will reconvene on September 15 at 7:30 a.m. and conclude at 2:30 p.m. that day. We invite any member that would like to have input into the direction of the association to attend. Please register through the website (abckeystone.org) or call the office at (717) 653-8106.
• Jan Wagner, Wagman Construction, Inc. (Current Board Member)
• Scott Wengrenovich, Murray
Hear from the
• Anthony Leer, Leer Electric, Inc.
planning to make sure we are taking full advantage of the opportunities that are in our new, expanded service
• Be the Leading Force in Workforce Development & Training
• Matt Shehan, Benchmark Construction Co., Inc.
• Safety & Health
Nowmonth.itis
Strategicarea.
3 s we enter September, we usually think about finally reaching the home stretch for the year. However, here at ABC Keystone we start planning for the start of the new year ahead. Like most businesses, we have to think about the budget, but that is only one component. For our association, September becomes focused on strategic planning and making sure we elect our new Board members for 2023.
• Jeff Witmer, Pathway Business Advisors
The second focus in September is the election of our 2023 new Board members. The nominating committee has met and put forward a slate of candidates. This year, we have seven seats and will have eight people running for those positions. The slate includes the following members:•Jeff Bright, Saxton & Stump Lawyers & Consultants (Current Board Member)
G. David (717)dave@abckeystone.orgPresident-CEOSload653-8106 get ready for 2023.
Next, we set focus goals for committees and the Chapter. The Board reviews how we are doing on our goals each time to update our course as we move into our second year of this three-year plan. Normally, we would spend a half day tweaking the plan. However, in 2022, ABC Keystone had a major change occur that we believe requires more than the typical plan adjustments. On June 14, we added 23 counties to our footprint with the consolidation of the previous ABC Central PA Chapter. This provides a great opportunity for ABC Keystone to grow and deliver our services to a broader audience. Therefore, we will expand the time allotted for strategic
Please keep an eye out for the ballot, which is mailed to each primary contact of all member firms. Review the ballot, make your selections, and mail it back to the Chapter in the preaddressed, stamped envelope. If you have questions regarding the process, please feel free to reach out to Remember,me. this is your association. Be part of the process in forging the future of ABC Keystone.
• Continuously Grow & Deliver Value
• Increase Our Political Influence
A
THANK YOU to Our 2022 Cornerstone Club* Members! PLATINUM GOLD SILVER *The Cornerstone Club was the yearly sponsorship program of the former ABC Central PA Chapter. Thank you to the Cornerstone Club members for their continued support of ABC member services.
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On the political front, I hear daily how frustrated our members are with decisions that are made in Harrisburg and Washington, D.C. While you may not think your voice
Modernizing the American Labor Force Modernizing the American Labor Force
I
Advocacy Update
n 1882, the United States celebrated its first Labor Day. While modern times dub the long weekend the “unofficial end of summer,” the day is meant to recognize the work, contributions, and achievements of American labor, particularly the trades. Looking back at the last 140 years, little has changed regarding the importance of the trades; however, much has changed in the way the trades train their workers. In 2022, every industry is struggling with a shortage of workers, but the trades continue to be especially challenged. According to the National Center for Construction Education (NCCER), nearly 40 percent of the construction workforce will be retired by 2030. Coupled with the severe lack of construction workers in today’s market, we have a real crisis brewing. If the nation cannot recruit young people, or re-train middle-aged workers in the trades, there will be major issues with completing infrastructure projects on time and under budget.
For decades, ABC Pennsylvania chapters have been advocating to repeal antiquated laws that arbitrarily cap the number of workers a company can train. The journeyworker-to-apprentice ratios were established over 60 years ago at a time when jobsites were less safe and before the creation of the Occupational Safety and Health Administration (OSHA). With more government oversight, more competition, and better and heightened
By: David G. Greineder, IOM ABC Pennsylvania Director of Government Affairs
safety precautions, there is no need for these ratios on the modern jobsite.
ABC will not back down from advocating for modernizing the apprenticeship rules so we can safely train as many people as possible. Unfortunately, updating the rules requires statutory changes from the legislature and regulatory changes stemming from the administration. This is no easy task, as labor organizations, who have a firm grip on these institutions, enjoy the benefits of discriminatory advantages they secured 60 years ago and want to keep the status quo. In 2023, a new gubernatorial administration will be inaugurated along with the start of a new two-year legislative session. We will continue to educate newly elected officials and staff, but we grow weary, and time is of the essence. That is why we are broadening our horizons and looking at other policy changes that will increase the workforce, such as re-entry programs and partnerships with educational institutions. We can’t control the timing of when our political leaders have the will to make the changes we need, but we can control how we work with the community to play a part in changing people’s lives.
If you have any questions about legislation or ABC’s positions on issues, please contact David Greineder, IOM, at davidg@abcpa.org. If you are not signed-up to receive email alerts, please download the “ABC Action App” from the app store on your mobile device, or at abc.org/abcaction.
Advocacy or your vote has impact, it does. This fall, with so many candidates running for office and limited session days, we will likely not hold a traditional “Free Enterprise Day” in Harrisburg. Rather, we want to give you the opportunity to talk with candidates running for office in your area. In September and October, ABC will be hosting regional gatherings with ABC National and candidate meet-andgreets. At these events, you will learn the “do’s and don’ts” of election law and receive materials to pass along to your management teams. As mentioned in previous articles, ABC will be preparing materials, information, and resources for your use. Each chapter will disseminate the tools to members, both in hardcopy and electronic format. Each member will be able to use that information to share with their employees and their other contacts, to the extent they are comfortable. We encourage all members to be engaged this election Asyear.you know, it is extremely important ABC continues to support candidates that defend free enterprise and free markets. We are committed to engaging our passionate advocates seeking change, and we will continue to do so. We can’t do it without you!
6
Update
barbara@abckeykstone.org Career Development Education,
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October
9/15 - Adult First Aid/CPR/AED Training Starts 9/15 - Basic Blueprint Reading (Hanover) Starts 9/15 - Advanced Blueprint Reading (Hanover) Starts 9/15 - Communications - Part of the Superintendent Training Program (STP) 9/16 - Competent Person for Confined Space Entry
September
10/1 - ABC Keystone’s Local Apprenticeship Craft Competition
10/7 - Competent Person for Fall Protection 10/10 - Adult First Aid/CPR/AED Training
I Thinking?”
9/21 - Coaching Employees, Performance Feedback & AppraisalsPart of the Human Resources Management Academy 9/22 - “What Was How to and Lead with 9/22 - ABC Keystone’s Clay Shoot - Presenting Sponsor Available! 9/23 - Mobile Elevating Work Platform (Aerial Lift) Training 9/27 - Reentry Forum for Contractors and Workforce Professionals - Background Checks 9/29 - ABC Keystone’s Shoot (Nittany Valley Region)
Clay
Make Better Decisions So You Can Live
Presenting Sponsor Available! abckeystone.org Register Today! Save the Date! 11/10 - ABC Keystone's 33rd Annual Excellence in Construction Awards Presented by ABC Insurance Trust 1/12/23 - ABC Keystone's All Committee Kick-off
9/7 - Positive Assertiveness - Part of the Professional Development Series 9/9 - Competent Person for Excavation and Trenching 9/12 - Rough Terrain Forklift Training 9/12 - SalesWorks! Starts 9/14 - Project Management - SOLD OUT!
Barbara Holtzapple Safety Training & Networking
10/3 - Mobile Elevating Work Platform (Aerial Lift) Training 10/3 - Dynamic Crew Leadership 10/4 - Microsoft® Office Training Excel:® Basics 10/4 - Adult First Aid/CPR/AED Training (Nittany Valley Office)
10/6 - Rough Terrain Forklift Training
9/14 - ABC Human Resources Contractor Peer Group Starts 9/14 - Basic Blueprint Reading 9/14 & 9/15 - Keystone Chapter Strategic Planning Sessions
Confidence
10/11 - Self Management - Part of the Leadership Development Series Starts 10/11 - ABC Keystone’s Construction Wars - A Middle School Hands-on Career Exploration Event 10/13 - Infection Control Risk Management (ICRA) 16-Hour Certificate Course (Nittany Valley Office) 10/13 - ABC Keystone’s Tailgate Party Presented by Barley Snyder 10/18 - Microsoft® Office Training Excel:® Intermediate I 10/18 - Infection Control Risk Management (ICRA) 16-Hour Certificate Course 10/18 - Prevailing Wage & Davis Bacon - No-cost Workshop for Members 10/19 - Conducting Investigations, Disciplining, and Terminating Employees - Part of the Human Resources Management Academy 10/20 - Executive Leader Contractor Peer Group (CEO/Owners/ Executive Leadership) 10/20 - OSHA 10-Hour Construction 10/20 - Planning & Scheduling - Part of the Superintendent Training Program (STP) 10/26 - Reentry Forum for Contractors and Workforce Professionals - Hiring Incentives
Keystone Chapter Calendar We Can CUSTOMIZE TRAINING for Your Team's Unique Needs! CONTACT US TODAY! (717) 653-8106
Thursday, September 22, 2022 9 am & 1 pm flights; 50 rounds each at Central Penn Sporting Clays, Wellsville Register: abckeystone.org Test Your Clay Shooting Skills & Network with ABC Thursday,Members!September 29, 2022 1 pm flight; 100 rounds at Shenecoy Sportsmen, Huntingdon Choose your location or attend both! Managed Success for Your Construction Industry Business • Up To 35% Cost Savings • Greater Staff Efficiency • Onsite Device Deployment • 100% USA Support • Less Down Time, and more MANAGED MOBILITY • Up To 25% Lower Cost • Improved Productivity • Streamlined Bill Payment • Project Management & Technology Deployment • Ensured Compliance, and more MANAGED TELECOM • Optimized Cloud Migration • Premium USA Help Desk • Microsoft Licensing Savings & Support • Lower IT Costs • Compliance Driven, and more MANAGED IT What if someone could do it all for you? Grudi can! Through our Managed Mobility, Managed Telecom & Managed IT solutions. Enjoy enhanced capabilities, lower costs and more time for critical priorities. We provide Mobility, Phones, Data, Broadband, Cyber Security, Cloud, Consulting and much more, tailored to the special needs of the construction and engineering industry. Get a demo and find out more at grudiassociates.com.
“
Tom Davies, Esq. Harmon & Davies, P.C. presenting at the Keystone Chapter's Nittany Valley Office, Howard.
Given the NLRB’s current attitude toward workplace rules, it would be advisable to have your company handbook reviewed to make sure all your rules are lawful.
By: Tom Davies, Esq. Harmon & Davies, P.C.
Organized labor representatives unsuccessfully attempt to disrupt the Chapter's Nittany Valley Regional Construction Wake-up Call on July 19, 2022. 9
(And...is the NLRB Really Assisting Unions at Starbucks and Amazon?)
REGIONAL Construction WAKE-UP CALL IN REVIEW n the spring and early summer, the Keystone Chapter conducted a series of Regional Construction Wake-up Calls including one at the new Nittany Valley Office (formerly ABC Central PA), where we were greeted by some of our friends from organized labor with the Rat in tow (as pictured below). The presentation was titled Biden’s ‘Build Back Better’ or ‘Bad for Business Bill’ and focused on the potential labor law changes in that proposed legislation as well as other possible legislative or regulatory changes to the enforcement of the National Labor Relations Act. When discussing the fate of the Build Back Better legislation, a famous clip from Monty Python was shown where one of the characters repeatedly said, “I’m not dead yet!” We now know, thanks to Senator Joe Manchin, some of the remnants of Build Back Better were repackaged in the Orwellian-named “Inflation Reduction Act.” Fortunately, none of the more onerous labor law changes survived the repackaging, although many of the energy tax credit provisions do include significant incentives to use so-called “prevailing wages” for any work performed. This doesn’t mean, however, that ABC members won’t be facing significant challenges from the NLRB in the next few years. As has been discussed previously, President Biden promised to be the most pro-union president in United States history, and that may be the ONLY campaign promise he has kept. The NLRB General Counsel is aggressively using her authority to make it substantially easier for unions to force companies to recognize and bargain with them without having to prove their majority status through secret ballot elections. This makes it much more difficult for employers to adopt and enforce reasonable rules for the workplace and dramatically increases the potential penalties for labor law Laborviolations.unionscorrectly sense that the current postpandemic labor climate and the friendly NLRB have given them the best opportunity in many years to reverse their decades-long declines in membership. In addition, the growing sense of worker empowerment, I
BUILD BACK BETTER = INFLATION REDUCTION ACT???
particularly among younger workers who have a more favorable attitude towards unions than older workers, have given rise to organizing campaigns at previously untouchable employers such as Starbucks and Amazon. It is somewhat ironic to see the generally liberal ownership of these companies now having to aggressively respond to union pressure. Recently, both Starbucks and Amazon have formally complained that NLRB personnel are providing improper assistance to the labor unions involved in the organizing campaign. In a 16-page letter dated August 15, 2022, Starbucks specifically alleged that NLRB personnel in the St. Louis Regional Office allowed secret in-person voting for certain workers, provided additional ballots, made individualized voting arrangements, improperly released information about balloting to the union, mishandled ballots, and tried to cover up its misconduct. The company also contended that similar misconduct had been engaged in by NLRB personnel in the Seattle Regional Office. Similarly, Amazon alleged that NLRB agents improperly signaled their support for the union during voting at a Staten Island warehouse. As of this writing, these claims are under investigation. If companies the size of Starbucks and Amazon are facing these challenges, how should merit shop employers here in the Keystone Chapter prepare for potential union organizing efforts? The basic tools have not changed. The most important step all employers of any size must take is to ensure that the lines of communications within the company remain open. This can be accomplished through formal and informal meetings with employees or regular visits by company leadership to jobsites – and it never hurts to bring coffee and donuts, or pizza to workers who tend to listen better if they are being fed. It is critical that supervisors at every level are properly trained to identify and respond to any potential union activity. Also, given the NLRB’s current attitude toward workplace rules, it would be advisable to have your company handbook reviewed to make sure all your rules are lawful. You don’t want to give a union any “low hanging fruit” to get you in trouble with the NLRB.
5 Apprenticeshipcanhelpyou! • Create your own workforce throughformalized training • Increase productivity,safety, and profits • Expand your workers’ knowledge base • Bid work more competitively abckeystone.org CindyD@abckeystone.org Attention Contractors! 2019 Apprenticeship Postcard - Contractors.indd 1 7/9/2019 10:42:06 AM For more cindyd@abckeystone.orginformation: BuildTeam!Your
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Join ABC at the next event! abckeystone.org Weyourappreciatesupport!
We give you a strategic advantage to anticipate and prepare for future challenges, opportunities, and growth. Insurance & Bonding Risk Management Health Benefits Wealth Management 3rd Party Administration 717.397.9600 | 800.533.5271 murrayins.com Call our ServicesConstructionDivision BETTER PREPARED MORE SECURE 14 ABC Keystone Members Save! Member-exclusive FedEx Discount Program This is another tremendous benefit of your membership with Associated Builders and Contractors! To learn more, MembershipMikeorabckeystone.org/member-benefitsvisitcontact:Bachman,Directorof|mike@abckeystone.org Your ABC MembershipKeystoneCanPay for Itself with Exclusive Member Discounts! Member-Discounts/FedExabc.org/Membership/
Diamond: 11400 Inc. Commonwealth Fire Protection Co. DeRock Electric Company Keystruct Construction, A Viocity Company Leo Kob Co., Inc. Allan QuandelMyersEnterprises, LLC. Platinum: ADMAR Supply Company, Inc. Benchmark Construction Co., Inc. CB Construction Services, Inc. CCS Building Group CLARK, ConewagoInc.Enterprises, Inc. James Craft & Son, Inc. Arthur Funk & Sons, Inc. Garrety Glass, Inc. Hursh Painting Co., Inc. Legacy Electrical Services, Inc. RSR Electric, A Viocity Company Smucker Company The Tri-M Group, LLC Gold: Conewago Manufacturing, LLC Poole Anderson Construction, LLC Paul Risk Construction Warfel Construction Company Zartman Construction, Inc. Silver: Allied Mechanical & Electrical Bertolet Construction, LLC CH+N Site Construction Inc. Digging & Rigging Inc Dolan Construction Inc. John E. Fullerton, Inc. H&S Industrial, A Viocity Company Hayden Power Group C.M. High, Inc. High Construction Company Johnston Construction Company Leonard S. Fiore, Inc. ParamountMowery Contracting, Inc. PSI Pumping Solutions, Inc. M. Potteiger, Inc. S&S Structures, Inc. EG Stoltzfus Construction, LLC VisionTalent-CorpsMechanical, Inc. Wagman Construction, Inc. Wohlsen Construction Company STEP Recipients! Is Your Company on this List? Get started with your application today! abcstep.org Congrats 2022 As verified by ABC National as of August 1, 2022 Watch future Merit Shop Spokesman issues for updates! to ABC Keystone's 15 Bronze: B&B Integrations C Mechanical Services Cedar Run Construction, LLC CMC, CypriumInc.Solutions, Inc. ESCO Security The Farfield Galbraith/Pre-Design,Company Inc. D.E. Gemmill, Inc. Goodco Mechanical, Inc. Kauffman Kitchens Leer Electric, Inc. Meadow Valley Electric, Inc. Pincus Elevator Company, Inc. Quality Buildings, LLC Speedwell Construction, Inc. Stuebner, SusquehannaInc. H.L.WhiteTheConstructionValleyCorp.TuckeyCompaniesRoseInteriors,LLCWiker,Inc. 14
Sponsor: John Hykes, II, B&B Integrations
Granite HR Consulting Melissa Mellott, Manager 4250 Crums Mill Road, Suite 201 Harrisburg, PA 17112 (717) msm@granitehrconsulting.com908-8968
Anniversary!Happy
Sponsor: Steven Kearns, James Craft & Son, Inc. View a searchable membership directory at abckeystone.org! Download the mobile app at the App Store or Google Play! 7
EPIC Insurance Brokers & 301OneBrianConsultantsFloyd,PrincipalOxfordCenterGrantStreet,Suite 470 Pittsburgh, PA 15219 (717) 648-6110 brian.floyd@epicbrokers.com
Prestige Painting Angela Stoltzfus Human Resources/Finance Manager 85 N. Kinzer Road Kinzers, PA 17535 (717) michael.metz-topodas@saul.com(215)Philadelphia,1500PartnerMichaelSaulangelas@prestigepaintingpa.com556-8561EwingArnstein&LehrLLPMetz-Topodas,-ConstructionGroupMarketStreet,38thFloorPA19102-2186972-7777
Welcome to ABC's Newest Members! support of the merit shop mission!
15 Congratulations to these members celebrating milestone anniversaries in September 2022!
Builder's Best, LLC Stan Kovalev, Partner 111 Holtzinger Lane Julian, PA 16844 (814) stan@buildersbestllc.com571-0560
Sponsor: Jeffrey Bright, Saxton & Stump Lawyers and Consultants
45 Years: Baker Tilly Virchow Krause, LLP Groff Tractor & Equipment, LLC Ben Thomas Associates, Inc. 25 Years: Hostetter Supply Co., Inc. 15 Years: BCF Group, Inc. 10 Years: Centurion Construction Group, LLC Elkwood Installation Services Stoltzfus Drywall, LLC 5 Years: Saxton & Stump Lawyers and Consultants 1 Year: M2 Construction, LLC Merlin Communications Consolidated Medical Services, Inc. Kevin Kuester, Director of Project Design and 11027DevelopmentMcCormick Road Hunt Valley, MD 21031 (410) kevink@cmsi-biz.com771-9771
Sponsor: Eli Ace, Nexen Construction, LLC Central Penn Electric, LLC / CPEC, ChristinaLLCGarrison, CEO 4900 Carlisle Pike, #135 Mechanicsburg, PA 17050 (717) centralpennelectricllc@gmail.com620-9505
Thank you for your
• Concrete footers and foundations, floors slabs, compressor pads, grouting, tank farm dikes.
In addition, Kessel partners with key industry engineering and design professionals in the gas Industry to help provide turnkey construction solutions. Did You Know? Kessel is a four generations business and is one of the oldest Butler builders in the country. 1618
Meet Timothy!
KESSEL CONSTRUCTION, INC. Member Spotlight
The above disciplines can be self-performed by Kessel crews and equipment. We have worked for approximately 24 different gas and oil industry companies including Repsol, UGI Energy Services, Southwest Energy, Universal Well, Gas Field Specialists, American Refining Group, Kinder Morgan, Schlumberger, Chesapeake, Otis Eastern, Shell, and Superior Well to name a few.
Timothy Asinger, President tasinger@kesselco.com Kessel Construction, Inc. 345 High Street, Bradford, PA 16701 (814)www.kesselco.com362-4696(office) or (814) 449-7195 (cell) 16
Tell us about your company! Butler Buildings have been a part of Kessel's success for over 86 years by supplying custom and pre-engineered building systems. Kessel and Butler have successfully built standard pre-engineered building systems, conventionally framed structures as well as “hybrid” structures (Butler pre-engineered and conventional design structures combined into one structure).
Additionally, Kessel can assist in providing custom designed compressor buildings, crane systems, meter houses and shelters for gas and oil pipeline development and related industries.
Kessel Construction can help with all construction needs from compressor buildings, warehouses, corporate offices, shop buildings, grouting, and sound attenuation.
Timothy started in the industry in 1996, opening a branch in Erie, PA. He has been with Kessel Construction, Inc. for over 25 years and is the owner and president of the company. He has been involved with many aspects of the organization ranging from project development to sales and marketing to handling office personnel. Timothy's expertise lies in new customer development, and he has developed a reputation for bringing difficult parties and complex projects together.
Services Provided:
• Steel erection roof and wall sheeting
• Gas industry typical design requirements include: Guaranteed Sound Management/Attenuation (roof and walls), removable roofs, and crane systems.
Develop Your Team & Take Your Company to New Heights! Offering first class education and training solutions for your team! Barbara Holtzapple Kevin Keith Director of Education Director of Safety Services barbara@abckeystone.org kevin@abckeystone.org Gain practical skills that you can begin to implement immediately! ABC Keystone's education and training opportunities provide companies with first class instructional resources that empower them to develop a competitive, skilled, and well-educated workforce in an inclusive environment where everyone can feel empowered to succeed. Our goal is to assist our members in their growth and development, making them more effective while cultivating innovation, sustainability and prosperity in the industry. (717) 653-8106 ABC Keystone Education and Training: • Helping companies develop their workforce • Delivering value and substance • Combining classroom knowledge, real world information, and hands-on instruction • Safety certification to help companies keep employees safe • Total human health - building strong individuals inside and out Take advantage of these opportunities and many more: • Peer Groups for Executive Leaders and HR Pros • Human Resources Academy/Sales • ASHE HC, CHC Exam Prep, CEC classes • Leadership Development/Team Building • Interpersonal Skills Development • Construction Spanish • Excel©, PowerPoint©, and Word© • Estimating and Project Management • Basic and Advanced Blueprint Reading and Material Estimating from Blueprints • Superintendent Training Program • OSHA/Safety Compliance Education • Trade Specific Skills, Safety and Knowledge • Free Hot Topics: Legal and Need-to-Know Issues • Dynamic Crew Leadership and Field Leader 2.0 • Inclusion, Diversity, and Unity Training • New: Mentoring/Peer Program for Small/Emerging Business Owners 17
Firm managing partner Jeff Lobach and partner David Freedman from Barley Snyder were named to the Central Penn Business Journal’s 2022 Power 30 List in Law & Lobbyists. The Power 30 is a yearly honor from the Central Penn Business Journal that recognizes the people who shape and influence our communities through legal and political foundations. This is the second consecutive year that both Lobach and Freedman were named to the Power 30 list. Barley Snyder partner, Daniel T. Desmond, was named to the Board of Directors of the Lancaster Safety Coalition. The Lancaster Safety Coalition is a non-profit organization that supports the effectiveness and efficiency of emergency services through its network of safety cameras.
Barley Snyder Partners Named to Power 30 Law & Lobbyists List & Coalition Board
Announces New Hire
David Miller/Associates, Inc. of Lancaster welcomed Rosa Malloy as a CAD Designer and Environmental Scientist. Rosa is a graduate of Kutztown University of Pennsylvania with a bachelor’s Degree in Environmental Science with a Biology concentration. She also successfully completed PennDOT’s Phase 1 Environmental Site Assessment PUB 281 Training and has received Erosion & Sedimentation Control and Portable Nuclear Gauge Certifications in the State of Maryland.
After 39 years of dedicated service to Hursh Painting Co., Bob Sands retired from full-time employment on June 30, 2022. Bob moved through various positions throughout his time at the company, most recently serving as Project Manager.
Schaedler Yesco Distribution Moves to New Facility
Wagman Construction, Inc. Begins New Project
David Miller/Associates, Inc.
22 18
Wagman Construction, alongside representatives from Homewood Retirement Centers, celebrated the groundbreaking event for The Lodge Expansion project on Tuesday, July 12. Located in Frederick, MD, The Lodge is an independent living, amenity-filled apartment building. Wagman is serving as construction manager for the project on the 100+ acre community campus. Wagman built the original 85-unit, four-story building, completing the construction in 2016. Additionally, Wagman completed 10 phases of construction on the campus for over 130 Patio Homes.
Saxton & Stump Lawyers and Consultants Announces New Hire and is Recognized for Growth Saxton & Stump announces the firm has hired Jenna M. Schill, CPHRM as a senior risk and insurance consultant. Schill brings more than a decade of experience in the healthcare risk and insurance sectors to her work in the firm’s Quality Assurance and Peer Review and the Risk Mitigation and Safety practice groups. She will also assist healthcare clients with their insurance needs. Saxton & Stump was named the fastest growing law firm in Pennsylvania by The Legal Intelligencer, having added 53 professionals in 2021, including 22 attorneys. Overall, Saxton & Stump has grown to a team of more than 150 professionals, including 78 attorneys. The firm has added new services and established groups dedicated to white collar defense and environmental, workplace safety and utilities.
Hursh Painting Co. Inc.
For inclusion in future issues of the Merit Shop Spokesman, please send your press releases to: kristi@abckeystone.org
Schaedler Yesco Distribution, Inc. has announced the move to a larger facility in Allentown, PA. In 2015, Schaedler Yesco purchased Queen City Electric on West Walnut Street. That location was known as a reliable, local source of electrical supplies for over 50 years. However, as rich as the history at Walnut Street was, customer needs initiated the purchase of a newer, larger facility to support the growing Lehigh Valley Marketplace. On Monday, July 11, the company’s Allentown location began operations at 601 Highland Street, next to the IronPigs Stadium.
Announces Retirement of Bob Sands
#ABCMeritShopProud
I have been involved with ABC since my apprenticeship started back in 2006. From the various apprenticeship teachers I had, to my mentors training me for the ABC National Craft Championships (NCC), to becoming an apprenticeship instructor and later leading the NCC training, I have long seen the benefits of ABC. I met many people and learned so many things during my involvement at ABC. I have learned to take criticism and use it to perform selfassessment and improve, and I have learned a great deal about how politics plays into every aspect of our trade work. It’s truly an invaluable resource.
Meet Lee!
Seeing Breaking Benjamin with my wife and friend in Reading.
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I am responsible for bidding and managing commercial electrical projects, projects from a few hundred to several million dollars. I am also active with our safety committee and company leadership team.
How has your involvement in ABC Keystone provided you value in your professional life?
Lee Summers Electrical Project Manager C Mechanical lsummers@cms-lanc.comServices
Young Professionals Spotlight
I go to work every day with the feeling that I will be making a difference. It's important to me that my work be that which people can look at and enjoy for generations to come. It also excites me to know that many special projects that we have worked on will impact the local community long term. I want to set a solid example for our field employees to produce the highest quality work.
What is your favorite inspirational quote?
Tell us about the role you play in your organization:
What are your hobbies?
Share with us a favorite concert:
I enjoy watching my children participate in various sports and activities, collecting Legos and model trains, doing projects around the house, playing drums, and singing.
Why do you wake up and go to work every day?
“Success is not final, and failure is not fatal. It is the courage to continue that counts.” – Winston Churchill
apart from another when a candidate is job seeking? Monetary compensation, benefits and work-life balance, among other aspects, are considered, making these factors at the top of many benefit packages. However, it is not just the construction industry that is offering competitive benefits which others within the industry may consider. Entry-level jobs can offer upwards of $20 per hour for a less labor-intensive position. How much less is an individual willing to make to still see the wage outweighing the downsides of our industry, including mandatory travel, early start times, and a wide array of environmental elements? Unfortunately, this rhetorical question
It may seem like the wise move to compensate new employees and seasoned workers alike to deter their move to another company or industry. Nevertheless, this will ultimately lower the profit margins by increasing labor prices, and to continue to bid competitively the increased cost will be added to the customer’s price. When competing in the private bid arena, customers are being faced with rising material costs in addition to proposed labor increases. The end result is jobs going over budget and not being awarded in a timely manner, if at all.
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should be at the forefront of hiring professionals’ minds when engulfing themselves in the volatile job market.
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Outcome of the Global Pandemic: Hiring Crisis
by: Kyle Lukoskie, MBA, Operations Coordinator CB Construction Services O n the heels of the COVID-19 pandemic, companies across the industry are eyeing a bounce back with a backlog of work and not enough manpower to complete the projects. Aside from a reduction in skilled tradespeople, the competition among companies to hire the most qualified individuals is another hurdle plaguing our industry. As someone who solicits Whatthanhasindividuals,opportunitiescareerforqualifiedthisprocessbeenmorechallengingever.setsonecompany
The way forward is shaky and unknown. For the select few that are qualified and seeking a new career, they must be adequately compensated to join your team. Other avenues to reduce job costs must be explored to offset the rising labor costs and avoid an extra outlandish burden to the customer. Moreover, looking for unique incentives that will entice those highly competent individuals is a way to ensure the longevity of the company’s labor force. Regardless of the desired path one takes, the result is the same, an adaptive approach to the employment process.
Young Professionals Perspective
Overview Under OSHA’s record-keeping regulations, employers must document each fatality, injury, or illness that (1) is work-related, (2) is a new case, and (3) meets one or more prescribed recording criteria. This record-keeping obligation applies to all employers except those who had no more than 10 employees at any time in the last calendar year.1 Although each component for determining record-keeping obligations deserves its own article, a brief overview of these elements provides sufficient background for contractors to know what questions to ask when preparing OSHA forms.
Recording Criteria
An employer should treat an injury or illness as workrelated if an event or exposure in the work environment either caused or contributed to an employee’s resulting condition or significantly aggravated an employee’s pre-existing injury or illness. Although an employer should initially presume any injury or illness occurring in the work environment qualifies as work-related, OSHA regulations include a long list of exceptions to this presumption. “Work-related” does not cover workplace occurrences unrelated to job functions or performance, including personal activities such as commuting or eating lunch. Determining “work-related” can often entail complicated, case-by-case analyses that need to consider both an employee’s prior conditions and the precise activity and causes underlying the incident. The slightest change in facts can convert a recordable event to one a contractor can leave off its OSHA forms. With such factual nuances, OSHA can only provide basic illustrative, but not necessarily informative, examples—e.g., noting that tripping over the family dog while working from home is not a work-related event.
OSHA’s regulations treat an injury or illness as a new case if the employee has no prior unrecovered injury or illness on the affected body part. Employers need not seek a physician’s opinion about whether a particular injury or illness meets the definition of a “new case,” but if employers do obtain such an assessment, they must follow it. Not all new cases qualify as recordable events where the other components—work-related, within the enumerated recording criteria—are not met.
By: Michael Metz-Topodas, Esq. A partner with Saul Ewing Arnstein & Lehr LLP
Employers must record work-related, new cases only where they lead to an employee’s death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. Workplace deaths must be reported to OSHA within eight hours. Days away from work refer to the time an employee cannot work, regardless of whether the employer’s work schedule requires the employee to work. An employee has employeeworkrestrictedwherethecannot
Work-Related Injury or Illness
New Case
he old adage “Sometimes less is more” may provide sound advice when it comes to completing Occupational Safety and Health Administration (OSHA) regulations paperwork. Employers must keep track of workplace injuries and illnesses using a series of OHSA-supplied forms: the 300 Log to record each incident throughout the year, the 301 Report for each particular incident, and the 300A Summary of yearly statistics. Most contractors know these forms all too well and dutifully complete them as part of routine administrative paperwork. OSHA reporting, however, deserves careful attention because it has far-reaching business implications, including insurance costs, bidding qualifications, regulatory compliance, and industry reputation to potential customers and employees.
SILENCE IS GOLDEN -
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Ask an Attorney The Workplace Injuries Construction Employers Do, and Do Not, Need to Record on OSHA Forms
confusion about exactly what medical treatment goes beyond first aid, OSHA’s regulations provide a long and exhaustive list of treatments that constitute first aid, such as dressing wounds, removing splinters, and giving non-prescription medications. Any medical treatment not on OSHA’s list would fall “beyond first aid” and would trigger a reporting obligation. With such a long and varied set of criteria used to determine whether a recording obligation is triggered, figuring out when to, and not to, record an injury or illness becomes a complicated analysis.
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Contractors should devote the energy required to determine whether a workplace injury or illness creates a reporting obligation because an employer’s OSHA records can have broad and long-range implications. Overreporting—i.e., recording incidents where the contractor has no regulatory obligation to do so—can impact contractors’ insurance coverage and costs, reputation, and credibility.
Tojob.avoid
Michael Metz-Topodas is a partner of Saul Ewing Arnstein & Lehr LLP. As a construction litigator, he represents general contractors, subcontractors, owners, designers, and suppliers through all stages of private, public, and federal projects. Michael helps clients navigate construction project disputes, including delay and inefficiency claims, design and construction defects, unforeseen site conditions, project scope disputes, and payment claims. He also defends clients against OSHA citations and advises on OSHA compliance issues. He can be reached at michael.metz-topodas@saul.com and (215) 972-7777.
• Reputation: A relatively long 300 Log or poor TRIR, DART, and EMR numbers (or, commonly, both) also can affect the perceptions potential customers or clients and employees form about a contractor. Bids, proposals, or related submissions often require contractors to disclose safety statistics to provide a comparable metric of company safety. Often potential employees can access some of these statistics to determine contractors’ commitment to workers’ safety.
• Do consult a safety manager, safety consultant, insurance broker, or OSHA counsel to make a final determination about whether to record a particular workplace injury and illness.
perform routine job functions or cannot work a full day. Employers must also record events that lead to a physician recommending an employee’s restriction from routine job functions. Employers, however, need not record an employee’s injury or illness that only causes a loss of productivity. Job transfer means any assignment for any part of the day to a job other than the employee’s regular
• Do not record incidents that occur in the workplace but do not involve activity related to job performance.
• Do not default to recording any and all workplace injuries and illnesses instead of consulting with professionals to comply strictly with OSHA’s recording requirements. Despite these helpful general guidelines, determining which workplace injuries and illnesses to record requires careful analysis based on a well-developed understanding of OSHA’s regulatory scheme to prevent over-reporting, which can harm a contractor’s reputation and lead to significant business consequences.
Reasons to Avoid Over-reporting
1Conversationally referred to as the “rule of ten,” some have interpreted this exception to record-keeping as an exception to all OSHA regulations. This is incorrect. Regardless of record-keeping requirements, no such blanket exception to OSHA regulations exists.
• Credibility: Improperly recording workplace injuries and illnesses can also invite unnecessary OSHA inquiries. For example, by recording a workplace injury or illness that does not qualify as recordable, an employer risks sending a mixed message. Either the employer erroneously listed the workplace injury or illness on the 300 Log, or the employer had grounds to list the incident but failed to complete the log properly. Such confusion could give rise to a further OSHA inquiry, especially in the course of an inspection during which OSHA routinely reviews all record-keeping forms.
Take-Aways Based on the above, contractors should adjust their safety and compliance programs along these lines:
• Do investigate all facts and circumstances underlying any workplace injury and illness to determine whether all requirements for a recordable incident are met.
• Insurance: The number of incidents recorded on an employer’s OSHA 300 log will affect three key metrics—Total Recordable Incident Rate (TRIR), Days Away, Restricted, or Transferred (DART), and Experience Modification Rate (EMR). As recorded incidents increase, TRIR, DART, and EMR scores tend to get worse. Poor “numbers” in these metrics can lead to higher insurance premiums and even difficulty obtaining insurance, including general liability and workers’ compensation policies.
• Do not record on any OSHA form any workplace injury and illness that requires only first aid or other minor attention.
135 Shellyland Road Manheim, PA 17545
is Suicide Prevention Month. Visit the
September CIASP
website (https://bit.ly/3CaUHY6) for FREE downloadable suicide prevention resources and toolkits to share with your company. Use these to raise awareness about mental health and suicide prevention in your organization. November 2, 2022: FMLA & Mental Health – Hot Topic Seminar, ABC Keystone Headquarters December 9, 2022: Suicide Prevention in Construction Workshop, Nittany Valley Office January 26, 2023: Suicide Prevention in Construction Workshop, ABC Keystone Headquarters In-person or abckeystone.orgREGISTER:Virtual!
