The Contractor's Compass January 2017 by American Subcontractors Association

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ASA’s

THE OFFICIAL EDUCATIONAL JOURNAL OF THE AMERICAN SUBCONTRACTORS ASSOCIATION

WWW.ASAONLINE.COM

OSHA’s Silica Rule Is Here: Are You Ready? OSHA Transgender Bathroom Requirements SUBExcel 2017: Loaded with Education Opportunities Deploying Technology to the Field: What Rhumbix Has Learned ASA Webinars: Education Opportunities to Help Subs Improve Their Businesses Legally Speaking: Reducing Cost of Litigation for High Volume e-Discovery Through Technology-Assisted Review

March 15-18, 2017 Denver, Colorado

JANUARY 2017

Education

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ASA’s

EDITORIAL PURPOSE The Contractor’s Compass is the monthly educational journal of the Foundation of the American Subcontractors Association, Inc. (FASA) and part of FASA’s Contractors’ Knowledge Network. The journal is designed to equip construction subcontractors with the ideas, tools and tactics they need to thrive. The views expressed by contributors to The Contractor’s Compass do not necessarily represent the opinions of FASA or the American Subcontractors Association, Inc. (ASA). EDITORIAL STAFF Editor-in-Chief, Marc Ramsey MISSION FASA was established in 1987 as a 501(c)(3) taxexempt entity to support research, education and public awareness. Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, attitude and confidence they need to thrive and excel in the construction industry. FASA BOARD OF DIRECTORS Richard Wanner, President Letitia Haley Barker, Secretary-Treasurer Brian Johnson Robert Abney Anne Bigane Wilson, PE, CPC SUBSCRIPTIONS The Contractor’s Compass is a free monthly publication for ASA members and nonmembers. Subscribe online at www.contractorsknowledgedepot.com.

January 2017

Features OSHA’s Silica Rule Is Here: Are You Ready?...................................10 by Adele L. Abrams, Esq., CMSP

OSHA Transgender Bathroom Requirements.................................12 by Jamie Hasty

11 Speakers and 2 Panel Discussions in 3 Days!...........................14 SUBExcel 2017 Is Loaded with Education by American Subcontractors Association

CASE STUDY: Deploying Technology to..........................................19 the Field: What Rhumbix Has Learned by Guy Skillett

ASA Webinars Offer Education Opportunities...............................21 Throughout the Year to Help Subcontractors Improve Their Businesses

by American Subcontractors Association

Departments

ADVERTISING Interested in advertising? Contact Richard Bright at (703) 684-3450 or rbright@asa-hq.com or advertising@asa-hq.com.

CONTRACTOR COMMUNITY..... ........................................................... 4

EDITORIAL SUBMISSIONS Contributing authors are encouraged to submit a brief abstract of their article idea before providing a fulllength feature article. Feature articles should be no longer than 1,500 words and comply with The Associated Press style guidelines. Article submissions become the property of ASA and FASA. The editor reserves the right to edit all accepted editorial submissions for length, style, clarity, spelling and punctuation. Send abstracts and submissions for The Contractor’s Compass to communications@asa-hq.com.

Companies Can Reduce Cost of Litigation for HighVolume e-Discovery Through Technology-Assisted Review by Joseph J. Bosick

LEGALLY SPEAKING............................................................................... 23

Quick Reference

ABOUT ASA ASA is a nonprofit trade association of union and non-union subcontractors and suppliers. Through a nationwide network of local and state ASA associations, members receive information and education on relevant business issues and work together to protect their rights as an integral part of the construction team. For more information about becoming an ASA member, contact ASA at 1004 Duke St., Alexandria, VA 22314-3588, (703) 684-3450, membership@asa-hq.com, or visit the ASA Web site, www.asaonline.com.

ASA/FASA CALENDAR...........................................................................24 COMING UP............................................................................................. 24

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Contractor Community ConsensusDocs Updates Industry Best Practice Standard Contracts

On Dec. 7, 2016, ConsensusDocs published comprehensive revisions to its prime and subcontract agreements for design-bid-build projects, including the Form 750, Standard Agreement Between Constructor and Subcontractor. During the past year, ConsensusDocs solicited and received extensive feedback not only from its 40 member organizations but also from construction, design, legal, insurance and surety professionals who use ConsensusDocs documents. The revision cycle, which occurs every five years, focused on three main areas of changes: 1. Evolving technology and terminology. 2. Insurance products. 3. Consistency and clarity among all the documents in the ConsensusDocs portfolio. While there are hundreds of word revisions to the contracts, overall the basic risk allocation principles of fairness underlying ConsensusDocs did not change.

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• Builder’s Risk Policy Insurance

procurement now defaults to the Constructor to save costs. An option for pollution liability insurance has been added. • The Constructor now will automatically provide a copy of its payment bond and the certificate of insurance for the Builder’s Risk policy to the Subcontractor. • The Interim Change Directive is now called an Interim Directive and includes written instructions from the Owner. • The Owner/Constructor will indemnify the Constructor/ Subcontractor for use of their tools and equipment in the event of termination. • The scheduling provision specifically includes references to critical path method scheduling principles. • The penal sum of surety bonds will no longer automatically float with changes to the contract amount. • Language that could have been interpreted to establish a fiduciary relationship between the Owner and Design Professional has been dropped. “The use of ConsensusDocs documents provides a meaningful opportunity to move away from projects on which every participant is out for itself toward a more cooperative consensus approach that better serves the project participants, the project and the industry as a whole,” said Brian Cubbage, contracts administration counsel for Heico Construction Group, Alexandria, Va., and chair of the ASA Task Force on Contract Documents. Cubbage and ASA Chief Advocacy Officer E. Colette

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Nelson represent ASA on negotiations on ConsensusDocs documents. ASA members can get a 20 percent discount on ConsensusDocs documents by entering ASA100 at www.ConsensusDocs.org.

DOL Issues Final Rule on EEO Requirements in Workforce Development System On Dec. 2, 2016, the Department of Labor issued a final rule updating existing regulations implementing the nondiscrimination provisions under the Workforce Innovation and Opportunity Act. One of the requirements of that 2014 law mandates regulations that require equal opportunity and nondiscrimination in the workforce development system. The section prohibits discrimination because of race, color, religion, sex, national origin, age, disability or political affiliation or belief. The law also prohibits discrimination related to citizenship status or because an individual participates in a program or activity receiving financial assistance under WIOA. The rule revises procedures and processes for enforcement of the nondiscrimination and equal opportunity provisions to reflect changes in the practices of recipients, including the use of computer-based and internet-based systems to provide aid, benefits, services and training through WIOA financially-assisted programs and activities. Significant changes include: • Expanding the explanation of the obligations to prevent discrimination based on national origin and providing services to individuals with limited English proficiency.

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• Making changes to reflect the

Americans with Disabilities Act Amendments Act of 2008. • Clarifying that sex discrimination includes discrimination on the basis of pregnancy, childbirth and related medical conditions, transgender status, gender identity and sex-based stereotyping. The new rule took effect on Jan. 3, 2017.

OSHA Issues Fall Protection Update for General Industry On Nov. 18, 2016, OSHA issued a final rule on walking-working surfaces and personal fall protection for general industry. The rule affects a wide range of workers, from painters to warehouse workers. It does not change the construction standards. The rule incorporates advances in technology, industry best practices, and national consensus standards. Specifically, it updates general industry standards addressing slip, trip, and fall hazards (subpart D), and adds requirements for personal fall protection systems (subpart I). OSHA reported it aligned the revised fall protection requirements for general industry with those for construction, easing compliance for employers who perform both types of activities. For example, the final rule replaces the outdated general industry scaffold standards with a requirement that employers comply with OSHA’s construction scaffold standards. Most of the rule will become effective on Jan. 17, 2017, but some provisions have delayed effective dates, including: • Ensuring exposed workers are trained on fall hazards (6 months).

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• Ensuring workers who use

equipment covered by the final rule are trained (6 months). • Inspecting and certifying permanent anchorages for rope descent systems (1 year). • Installing personal fall arrest or ladder safety systems on new fixed ladders over 24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structures (2 years). • Ensuring existing fixed ladders over 24 feet, including those on outdoor advertising structures, are equipped with a cage, well, personal fall arrest system, or ladder safety system (2 years). • Replacing cages and wells (used as fall protection) with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet (20 years). Additional information on OSHA’s rule on walking-working surfaces and personal fall protection systems can be found at www.osha.gov/ walking-working-surfaces. “Although the new regulation is subject to Congressional review, it is not as likely to be swept up in current efforts to roll back other more controversial employer-employee relations issued by the Obama Administration,” said ASA Chief Advocacy Officer E. Colette Nelson.

USCIS Revises Form I-9, Used for All New Hires in U.S. The U.S. Citizenship and Immigration Services, an agency of the U.S. Department of Homeland Security, published a revised version of the Form I-9, Employment

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Eligibility Verification. By Jan. 22, 2017, employers must use only the new version, dated Nov. 14, 2016. Until then, they can continue to use the version dated March 8, 2013, or the new version. In the revised I-9, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals. Other changes include: • The addition of prompts to ensure information is entered correctly. • The ability to enter multiple preparers and translators. • A dedicated area for including additional information rather than having to add it in the margins. • A supplemental page for the preparer/translator. The instructions have been separated from the form, in line with other USCIS forms, and include specific instructions for completing each field. The revised Form I-9 is also easier to complete on a computer. Enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over. When the employer prints the completed form, a quick response code is automatically generated, which can be read by most QR readers. Form I-9 requirements were established in November 1986 when Congress passed the Immigration Reform and Control Act. IRCA prohibits employers from hiring people, including U.S. citizens, for employment in the United States without verifying their identity and employment authorization on Form I-9.

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Court Halts Implementation of Controversial Persuader Rule On Nov. 16, 2016, a U.S. District Court issued a permanent injunction against the so-called persuader rule published by the U.S. Department of Labor in March 2016. Under the DOL rule, an employer-consultant agreement would have been reportable if a consultant engages in “persuader activities.” These were defined as any actions, conduct or communications that are undertaken with an object, explicitly or implicitly, directly or indirectly, to affect an employee’s decisions regarding his or her representation or collective bargaining rights. The Court said the rule was “defective to its core” because it was “far too broad.” Although DOL could appeal the Court’s ruling, it is not expected to do under the Trump Administration.

Illinois Court Rules Against Subcontractor Mechanic’s Lien Rights The Appellate Court of Illinois, Second Judicial District, issued a decision, on Nov. 9, 2016, affirming the summary dismissal of a subcontractor’s mechanic’s lien claim of a subcontractor, in the case of AUI Construction Group, LLC, vs. Louis J. Vaessen, et al. The Appellate Court held that a subcontractor owed in excess of $3.5 million for unpaid work building on a 500-foot-tall wind power plant, with a foundation 12 feet below ground was removable and not an improvement to real property giving rise to mechanic’s lien rights principally due to the fact that an easement agreement (which was not recorded until more than $1.7 million

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in unpaid work had been performed) between the property owner and project developer provided that the wind tower was to be removed upon termination of a 50-year easement. ASA’s Subcontractors Legal Defense Fund filed a “friend of the court” brief in support of the unpaid subcontractor in this case. Eric Travers, a partner with the Columbus, Ohio, law firm of Kegler, Brown, Hill and Ritter, ASA’s general counsel, called the decision “discouraging” and “at odds with the public policy of the Illinois Mechanic’s Lien Act,” noting that the rationale used by the court could “deprive untold numbers of subcontractors and suppliers on future project of mechanic’s lien rights the Illinois legislature granted.”

OSHA Issues Recommendations for Construction Safety and Health Programs The Occupational Safety and Health Administration has issued Recommended Practices for Safety and Health Programs in Construction to help industry employers develop programs to keep their workplaces safe. OSHA reports that “[t]he recommendations may be particularly helpful to smalland medium-sized contractors who lack safety and health specialists on staff.” These recommendations are advisory only and do not create any new legal obligations or alter existing obligations created by OSHA standards or regulations. Safety and health programs encourage finding and fixing workplace hazards before they cause injuries, illnesses and deaths. Contractors can create a

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safety and health program using a number of simple steps that include: • Training workers on how to identify and control hazards. • Inspecting the jobsite with workers to identify problems with equipment and materials. • Developing responses to possible emergency scenarios in advance. “The recommendations outlined in this document will help contractors prevent injuries and illnesses on their construction sites and make their companies more profitable,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

ASA Supports Improvements to SBA Surety Bond Program In an Oct. 11, 2016, letter, ASA called on the U.S. Small Business Administration to promptly finalize its proposed changes to modernize its regulations to foster increased participation and to eliminate unnecessary administrative burdens with respect to its Surety Bond Guarantee Program. ASA noted that implementation of a provision in the rule increasing the maximum guarantee level from 70 percent to 80 percent or 90 percent is a key to curbing the abuse of individual surety bonds, a separate statutory requirement that took effect on Nov. 25, 2016. In addition, ASA supported the proposed regulatory increase in the maximum contract amount from $250,000 to $400,000 for eligibility to participate in the SBG Program’s Quick Bond Program. ASA also supported the proposed increase in the threshold amount regarding construction contract modifications, which would increase the amounts

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of the applicable payment and performance surety bonds being guaranteed by SBA. ASA wrote, “By eliminating the current $100,000 threshold and relying exclusively on the threshold linked to an amount that would increase the total amount of the bond by 25 percent, SBA will remove what can be a significant administrative burden given the statutory increases in the dollar value of contracts eligible to participate in the program from $2 million to $6.5 million.”

subcontractor’s performance. The white paper also provides tips on protecting your business, including arguments to make to the prime contractor and how to get information on project financing. The new ASA White Paper on Project Financing is available free to ASA members in the members-only section of the ASA Web site.

ASA Introduces New White Paper on Project Financing

The U.S. Equal Employment Opportunity Commission announced that, beginning in March 2018, it will collect summary employee data from certain employers. The summary pay data will be added to the annual Employer Information Report or EEO1 Report that is coordinated by the EEOC and the Department of Labor’s Office of Federal Contract Compliance Programs. OFCCP collects data from federal contractors and subcontractors. Private employers including federal contractors and subcontractors with 100 or more employees will report summary pay data. Federal contractors and subcontractors with 50 to 99 employees will not report summary pay data, but they will continue to report employees by job category as well as by sex, ethnicity and race as they do now. Employers with 99 or fewer employees and federal contractors and subcontractors with 49 or fewer employees will not be required to complete the EEO-1 report as is current. The first deadline for the new 2017 EEO-1 report will be March 31, 2018, which gives employers 18 months to prepare. For more information, see ASA’s FAQ on the Revised EEO-1 and Summary Pay Data.

Construction project insolvency is a major concern of construction subcontractors who provide a large amount of labor and materials to the prime contractor on credit. A 2015 ASA survey revealed that slow final payment, slow progress payment and pay-if-paid subcontract clauses are among the top concerns of ASA members. All three of these concerns can be traced back to the adequacy of project financing, at least absent predatory behavior by those controlling the cash flow. ASA’s new White Paper on Project Financing is intended to help ASA members understand the importance of the creditworthiness of their potential customers. The white paper addresses industry policies and practices, including a review of relevant clauses in contract documents published by ConsensusDocs and the American Institute of Architects. ASA’s Addendum to Subcontract, which is one of the documents in the ASA Subcontract Documents Suite, includes a provision that clarifies the contractor’s obligation to provide disclosures to the subcontractor as a condition precedent to the

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EEOC to Collect Summary Payment Data Beginning in March 2018

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OSHA Proposes Construction Updates as Part of Regulatory Review Process As part of a government-wide regulatory review process, the Occupational Safety and Health Administration, on Oct. 4, 2016, proposed to revise outdated, duplicative, unnecessary and inconsistent requirements in its standards. OSHA’s proposal includes updates to three standards to align with current medical practice, including a reduction to the number of necessary employee X-rays, updates to requirements for pulmonary function testing, and updates to the table used for decompression of employees during underground construction. In addition, the proposed rule includes an update to the consensus standard incorporated by reference for signs and devices used to protect workers near automobile traffic, a revision to the requirements for rollover protective structures to comply with current consensus standards, updates for storage of digital X-rays and the method of calling emergency services to allow for use of current technology, and a revision to lockout/ tagout requirements in response to a court decision, among others. OSHA also proposed to remove from its standards the requirements that employers include an employee’s social security number on exposure monitoring, medical surveillance, and other records in order to protect employee privacy and prevent identity fraud.

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OFCCP Expands Mega Construction Project Program The Office of Federal Contract Compliance Programs announced the expansion of its Mega Construction Project program. An MCP is a major federal or federally assisted construction project that OFCCP selects for focused community outreach, technical assistance and compliance evaluation, engaging the different stakeholders in a community from the earliest stages of the project. Prime contractor compliance in an MCP is voluntary, but OFCCP suggests it is the best way for a contractor to meet its federal employment goals by identifying qualified workers who are women, minorities, individuals with disabilities or protected veterans. Under the expanded MCP program, OFCCP will: • Engage with the funding entity as early as possible, before the prime contract and subcontracts are awarded. • Provide ongoing, intensive technical assistance to educate all the contractors on the mega project about their equal employment opportunity and affirmative action obligations. • Identify and regularly engage with local and regional sources of qualified trade workers, including organizations specializing in job training of members of underrepresented communities, unions, apprenticeship and pre-apprenticeship programs, community colleges, and job banks.

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• Ensure that these worker sources

have timely information about upcoming job opportunities on the MCP and can build appropriate pipelines of qualified workers. • Facilitate relationships between the contractors and the community, through regular EEO Committee meetings, job fairs and other mechanisms. • Regularly review data that contractors provide about their utilization of underrepresented groups on the project. • Provide technical assistance to help expand outreach. • Conduct compliance evaluations of contractors on the mega project that meet specified neutral criteria. • Partner with other federal, state and local government agencies to provide information, linkages, and services to contractors working on the project, as well as compliance oversight. • Monitor conciliation agreements to ensure that contractors address any deficiencies that OFCCP has found. Read more about the expanded MCP Program on the DOL Web site.

EEOC Issues Guidance on Retaliation The U.S. Equal Employment Opportunity Commission, on Aug. 29, 2016, issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses the separate “interference” provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats,

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or other acts that interfere with the exercise of ADA rights. EEOC also issued two short user-friendly resource documents to accompany the new guidance: a question-and-answer publication that summarizes the guidance document, and a short Small Business Fact Sheet that condenses the major points in the guidance in non-legal language. The guidance addresses retaliation under each of the statutes enforced by EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA). Topics explained in the new guidance include: • The scope of employee activity protected by the law. • Legal analysis to be used to determine if evidence supports a claim of retaliation. • Remedies available for retaliation. • Rules against interference with the exercise of rights under the ADA. • Detailed examples of employer actions that may constitute retaliation. Since EEOC’s 1998 Compliance Manual section on retaliation, the U.S. Supreme Court has issued seven decisions addressing retaliation under EEOC-enforced laws, and the filing of EEO claims that include a retaliation allegation has continued to grow. Charges of retaliation surpassed race discrimination in 2009 as the most frequently alleged basis of discrimination, accounting for 44.5 percent of all charges received by EEOC in FY 2015.

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Feature OSHA’s Silica Rule Is Here: Are You Ready? by Adele L. Abrams, Esq., CMSP On March 25, 2016, the Occupational Safety & Health Administration published its long-awaited final rule (606 pages long), establishing a standalone standard governing occupational exposure to respirable crystalline silica in construction, general industry and maritime workplaces. This brings to a close a two-decade effort to update and expand the current standard, set in 1971, which had a Permissible Exposure Limit of 250 ug/m3 for respirable crystalline silica in the construction sector and maritime sectors, and a 100 ug/m3 PEL in general industry, but no other employer requirements or protections for workers. All that is about to change in a big, big way. The new rule lowers the PEL to 50 ug/m3 for all industry sectors, with an Action Level of 25 ug/m3 that serves as the trigger for certain requirements of the rule. While portions of the general industry standard have an extended period for compliance, the construction industry was singled out for a quicker timeline, and will have to implement the rule by June 23, 2017. General industry and maritime have until June 23, 2018, to comply and until June 23, 2020, to offer medical surveillance to employees who are exposed between the AL and the PEL for more than 30-plus days per year. The hydraulic fracturing (fracking) industry has until June 23, 2021, to fully comply with engineering control requirements. The rule is anticipated to have more than a $1 billion annual economic impact, and will affect 2 million construction workers and 300,000 general industry/maritime sector employees. OSHA claims the new standard will prevent 600 deaths per year, and eliminate 900 new silicosis cases as well. Significantly, the rule contains health findings which state that exposures above the newly adopted PEL are linked with occupational cases of silicosis, pneumoconiosis, chronic obstructive pulmonary disease, lung cancer, renal disease and certain autoimmune disorders.

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Already, retired workers are coming back to their former employers in silica-containing work environments claiming that diseases which manifested years later are due to onthe-job exposures. Due to the long latency periods of conditions such as silicosis and lung cancer, the OSHA findings may form the basis for both workers’ compensation and tort actions for personal injury or wrongful death (if brought by third parties such as temporary workers against a host employer, or subcontractors who were exposed while on another company’s worksite). Crystalline silica is found in many construction materials, including brick and mortar, concrete, slate, granite, engineered stone products, tile, asphalt filler, roofing materials, plastic composites, soil, wallboard joint compounds, paint, plaster, caulking and putty. It is also generated when silicacontaining materials are milled, cut or crushed, or when building demolition occurs. Under the rule, all general industry employers in silica-containing environments will need to conduct exposure monitoring (personal silica samples) of workers initially and at certain intervals. For construction, if the employer opts out of “Table One” or is using equipment or performing tasks not listed in that table, then sampling must also be performed as scheduled in the rule. For general industry workers exposed above 25 ug/m3 on an eighthour time-weighted average (TWA) for 30-plus days per year, medical surveillance will be required and must be repeated periodically. In construction, medical surveillance is triggered for employees who must wear respiratory protection for 30 or more days per year. The medical surveillance must be made available at no cost to each employee and be done

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by a licensed health care professional initially and then every three years (or more if the health care professional recommends it). The baseline exam must take a work history concerning exposure to silica, dusts and other agents affecting the respiratory system, the worker’s history of respiratory system dysfunction and TB, smoking status and history, and the worker will receive a physical exam, a chest X-ray, pulmonary function test, and a TB test. In addition, employers will need to implement all feasible engineering and work practice controls, before moving to the use of personal protective equipment (appropriately rated respirators). Examples of engineering controls include: local exhaust ventilation, vacuum systems, and use of water-integrated tools. Any areas where workers will be exposed above 50 ug/m3 for workshift will need to be in “regulated areas” that must be posted with specific cancer warnings and will be designated as 100 percent respirator use areas. The big change in the new rule is that PPE cannot be the first option for control, and can only be deployed if silica levels cannot be reduced below the PEL even after all feasible engineering and administrative controls have been implemented. In addition, housekeeping measures must be used that will not generate respirable silica in the work environment, so dry sweeping or brushing, and use of compressed air for cleanup will no longer be permitted. Employers must also develop a worksite-specific written exposure control plan, and construction employers must designate a competent person to develop and implement their control plans. The plan needs to be reviewed annually and updated when procedures, equipment or conditions change. The exposure control plan should be developed based on the site-specific sampling information that the employer has compiled for each

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task/type of equipment, but for shortterm worksites, historical sampling information can be helpful in preparing the new worksite plan. OSHA recognized that meeting the reduced PEL may be infeasible for some construction tasks that generate high levels of respirable crystalline silica and so the agency expanded “Table 1” in the final rule to include 18 specific tasks/ equipment. The table provides specified engineering and work practice controls by task/equipment, and also specifies whether respiratory protection needs to be used. This usually varies by whether the worker exposure is above or below four hours per day, and typical Assigned Protection Factors for the respirators are either APF 10 or APF 25. OSHA indicates that, if the construction employer follows completed the engineering, work practice, and respiratory protection specifications in the table for the task at issue, no citations will be issued if the PEL is exceeded and the employer will not have to do exposure monitoring for that task. However, if the employer deviates from what is specified for that task/equipment, or wishes to protect workers in a different manner, then the air sampling will be required at the intervals set forth in the rule. In addition to considering the silica exposures that they may directly generate, subcontractors who are involved with multi-employer worksites will need to consider what ancillary exposures to silica may result from working downwind from other contractors who might be more heavily involved with crushing, grinding, or milling of construction materials and whose respirable dust can drift into other employers’ work areas. Contractual requirements for items such as water trucks and which contractor(s) will be required for ordering, paying for and deploying the use of this and similar silica control methodologies will need to be addressed up front, as OSHA has the power to issue citations to the controlling employer and to the correcting employer, as well as to the employers who create silica overexposures and fail to maintain control, and the employers whose workers are overexposed to silica (even if they did not generate the overexposures directly).

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All workers will have to be trained on the rule, the purported health effects, what steps the employer is taking to reduce silica exposures, what specific types of respiratory protection must be used, the aspects of the written exposure control plan, housekeeping procedures, and any regulated areas where workers should not enter expect when properly protected and only for work-related reasons. Training must be documented under both the hazard communication standard (reviewing the Safety Data Sheets for silica-containing products) and under the distinct silica standard. Records of employees’ exposure monitoring results and medical surveillance information will have to be retained and made available to OSHA inspectors (and employees) for duration of employment plus 30 years, pursuant to 29 CFR 1910.1020. Employers should be aware that this information, particularly if it documents overexposures or gradual development of respiratory impairment, can be used in litigation down the road, in workers’ compensation proceedings or third-party tort actions (by temporary employees, contingent workers, and subcontractors who subsequently become ill) to show a causal relationship between occupational exposures and disease development. A number of industry groups have sued the agency over the silica standard, claiming that the rule was not supported by sound science and that

the required actions are technologically or economically infeasible for many of the affected industries. Union groups also sued OSHA, claiming that the adopted PEL is insufficiently protective and that OSHA should instead enforce the lower 25 ug/m3 “action level” as a binding PEL. The cases were consolidated in the U.S. Court of Appeals, DC Circuit, but the court has not stayed the June 23, 2017, initial effective date. It is possible that Congress may curtail OSHA’s ability to expend funds to enforce the new rule, as part of an agency appropriations measure, but that has not occurred to date. Therefore, affected employers should prepare for the forthcoming enforcement. Although the rule’s ultimate fate will be decided by the court, perhaps with an assist from Congress in delaying effective dates, it is unlikely that the rule will be eliminated and so subcontractors need to get ready now— June 2017 is not far away and there is a lot of work to be done! Adele L. Abrams is an attorney, Certified Mine Safety Professional, and trained mediator who is president of the Law Office of Adele L. Abrams P.C. in Beltsville, Md.; Denver, Colo.; and Charleston, W.Va. Abrams provides consultation, safety audits, and training services to MSHA- and OSHA-regulated companies. Abrams can be reached at (301) 595-3520 or safetylawyer@aol. com. Visit safety-law.com for more information.

MORE INFORMATION

The Construction Industry Safety Coalition has made available a webinar to help you learn more about the OSHA silica rule. Access the webinar using the password, CSC4. A hard copy of the webinar slides is available on the ASA Web site. ASA has also developed a Fact Sheet on OSHA’s Rule on Respirable Crystalline Silica and a Frequently Asked Questions on the OSHA Standard on Respirable Crystalline Silica for more information. Furthermore, on March 1, 2017, ASA will offer a complimentary webinar, “OSHA Silica Rule—Applications for Subcontractors,” presented by Michael Peelish, Law Office of Adele L. Abrams, P.C. In the webinar, which will take place from noon to 1:30 p.m. Eastern time, Peelish will examine the OSHA rule and explain what subcontractors need to know, including general information about performing construction work on silica containing materials, how the rule will affect the construction jobsite, and what is necessary to comply.

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Feature OSHA Transgender Bathroom Requirements by Jamie Hasty The Department of Labor’s Occupational Safety and Health Administration requires that all employers provide employees with sanitary and available toilet facilities, so that employees will not suffer the adverse health effects that can result if toilets are not available when employees need them. In interpreting this requirement, known as the “Sanitation Standard” on June 1, 2015, OSHA issued employer guidelines for providing restrooms to transgender employees.

Understanding Transgender Individuals and Gender Identity In many workplaces, separate restroom and other facilities are provided for men and women. In some cases, questions can arise in the workplace about which facilities certain employees should use. According to the Williams Institute at the University of California-Los Angeles, an estimated 700,000 adults in the United States are transgender—meaning their internal gender identity is different from the sex they were assigned at birth (e.g., the sex listed on their birth certificate). For example, a transgender man may have been assigned female at birth and raised as a girl, but identify as a man. Many transgender people transition to live their everyday life as the gender they identify with. Thus, a transgender man may transition from living as a woman to living as a man. Similarly, a transgender woman may be assigned male at birth, but transition to living as a woman consistent with her gender identity. Transitioning is a different process for everyone; it

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may involve social changes (such as going by a new first name), medical steps, and changing identification documents.

Why Restroom Access Is a Health and Safety Matter Gender identity is an intrinsic part of each person’s identity and everyday life. Accordingly, authorities on gender issues counsel that it is essential for employees to be able to work in a manner consistent with how they live the rest of their daily lives, based on their gender identity. Restricting employees to using only restrooms that are not consistent with their gender identity, or segregating them from other workers by requiring them to use gender-neutral or other specific restrooms, singles those employees out and may make them fear for their physical safety. Bathroom restrictions can result in employees avoiding using restrooms entirely while at work, which can lead to potentially serious physical injury or illness.

OSHA’s Sanitation Standard Under OSHA’s Sanitation Standard (1910.141), employers are required to provide their employees with toilet facilities. This standard is intended to protect employees from the health effects created when toilets are not available. Such adverse effects include urinary tract infections and bowel and bladder problems. OSHA has consistently interpreted this standard to require employers to allow employees prompt access to sanitary facilities. Further, employers may not impose unreasonable restrictions on employee use of toilet facilities.

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Model Practices for Restroom Access for Transgender Employees Many companies have implemented written policies to ensure that all employees, including transgender employees, have prompt access to appropriate sanitary facilities. The core belief underlying these policies is that all employees should be permitted to use the facilities that correspond with their gender identity. For example, a person who identifies as a man should be permitted to use men’s restrooms, and a person who identifies as a woman should be permitted to use women’s restrooms. The best policies also provide additional options, which employees may choose, but are not required, to use. These include: • Permitting employees to use existing restrooms that correspond with their gender identity. • Providing single-occupant, genderneutral (unisex) restroom for use by all employees. • Providing single-occupant, gender-specific (male and female) restrooms and employees can use either. • Providing multiple-occupant, gender-neutral restroom with lockable single occupant stalls for use by all employees. • Providing multiple-occupant, gender-specific restrooms and employees can use either. Regardless of the physical layout of a worksite, all employers need to find solutions that are safe and convenient and respect transgender employees. Under these best practices, employees are not asked to provide any medical or legal documentation

C O N T R A C T O R ’ S

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of their gender identity in order to have access to gender-appropriate facilities. In addition, no employee should be required to use a segregated facility apart from other employees because of their gender identity or transgender status. Under OSHA standards, employees generally may not be limited to using facilities that are an unreasonable distance or travel time from the employee’s worksite. OSHA has also outlined policies that do not satisfy new guidelines. Chief among these disfavored policies are: • Providing a restroom solely for the use of transgender employees. • Requiring transgender employees to use a gender-neutral restroom when other employees are permitted to use gender-specific restrooms. • Requiring employees to provide documentation of their gender identity before using genderappropriate facilities.

Other Federal and State Laws Though the best practices described in OSHA’s new guidelines

are not binding on employers, recent changes in federal and state regulations do require employers to ensure transgender employees have access to appropriate restrooms. The Equal Employment Opportunity Commission, the Department of Justice, DOL, and several other federal agencies, have interpreted prohibitions on sex discrimination, including those contained in Title VII of the Civil Rights Act of 1964, to prohibit employment discrimination based on gender identity or transgender status. In April 2015, the DOL’s Office of Federal Contract Compliance Programs announced it would require federal contractors to allow transgender employees to use the restrooms and other facilities consistent with their gender identity. Also in April 2015, the EEOC ruled that a transgender employee cannot be denied access to the common restrooms used by other employees of the same gender identity, regardless of whether that employee has had any medical procedure or whether other employees may have negative reactions to allowing the employee to do so. The EEOC held that such a denial of access

New On-demand Video from FASA When it comes to managing your business, the Foundation of ASA is your partner in education. View and listen to FASA’s ondemand videos at an individual workstation or in a conference room for group training. Your order includes access to the on‑demand video any time, and as many times as you’d like! This is just one of the on-demand videos available through the FASA Contractors’ Knowledge Depot to meet your business management training needs.

constituted direct evidence of sex discrimination under Title VII. Several states—Colorado, Delaware, Iowa, Vermont, and Washington—and the District of Columbia similarly require employers to allow restroom use in accordance with one’s chosen gender identity. Hasty will continue the discussion and analysis of the OSHA transgender bathroom requirements during a complimentary ASA webinar on Jan. 24, 2017. Jamie Hasty is the vice president of SESCO Management Consultants, Bristol, Tenn., and Richmond, Va. Under an arrangement with ASA, SESCO provides results-oriented human resource consulting services to ASA members. SESCO provides a special “retainer” relationship that provides a free “hotline” to ASA members to discuss day-today employment issues such as policy development, employee challenges such as disciplinary actions, terminations, or workers’ compensation issues, compliance to federal and state employment regulations, and many other management and human resource matters. Hasty can be reached at (423) 764-4127 or jamie@sescomgt. com.

“U.S. Election Outcome & Potential Impact on Construction” (Item #8097) Making predictions about how Congress or a state legislature will act is a perilous venture. In this complimentary videoon-demand, ASA Chief Advocacy Officer E. Colette Nelson walks this tightrope as she reviews the results of the volatile 2016 federal and state elections and discusses how they may impact subcontractor issues. This webinar is free for ASA members and nonmembers Order online at www.contractorsknowledgedepot.com

11 Speakers and 2 Panel Discussions in 3 Days! SUBExcel 2017 Is Loaded with Education by American Subcontractors Association With 11 speakers and two panel discussions planned during the three days of ASA’s annual convention this March, there are ample opportunities for subcontractors to learn about the issues that most impact them and learn how to improve their businesses. SUBExcel 2017 will take place March 15-18, 2017, in Denver, Colo. Register online now and make your hotel reservations online to stay in the ASA room block at the Denver Marriott City Center. ASA has negotiated a room rate of $179 single/double. The cutoff date for the room block and the early-bird registration deadline is on or before 5:00 p.m. Eastern time on Monday, Feb. 13, 2017. You can check out the full program schedule online

EDUCATION PROGRAMS

Thursday, March 16, 2017 9:00 a.m. – 10:45 a.m. Opening General Session— by Redmond Ramos A compelling speaker and storyteller, former Fleet Marine Force Navy Corpsman Redmond “Red” Ramos delivers a high energy presentation on the

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power of positivity. With humor, humility and moving recounts of his military experiences, Ramos reminds audiences that through the power of your own thoughts, you are the most influential person in your life.

11:00 a.m. – 12:15 p.m.

in developing his or her own goals and strategies in support of the business. A system involving frequent two-way feedback and support attached to the discipline of a 90-day rhythm measuring success and improvement. In fact, a culture that emphases the development of behaviors for success as much as performance goals.

Education Workshop—“Performance Management as Performance Culture” by Ian Blair, The Blair Group

1:15 p.m. – 2:45 p.m.

Identifying the tools and technology needed to best position your organization for a successful future can sometimes be daunting. During this workshop, McShane will discuss why these tools are critical to future profitability, as well as examples of ERP systems, project management software, production tracking solutions, and purchasing solutions. Additionally, she will show examples of the reports and metrics necessary to provide transparency on performance so that challenges can be identified early enough to effect a change to minimize financial losses and maximize margin gains.

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Education Workshop—“Technology and Transparency—The Future of Construction” by Stephane McShane, Maxim Consulting Group, Denver, Colo.

C O N T R A C T O R ’ S

C O M P A S S

American Subcontractors Association, Inc.

MARCH 15â&#x20AC;&#x201C;18 | DENVER MARRIOTT CITY CENTER | DENVER, CO.

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1004 Duke St. . Alexandria, VA 22314 . www.asaonline.com (703) 684-3450 . meetings@asa-hq.com

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Dear ASA Members and Friends: There are plenty of good reasons why you and your employees should join us this March for our annual convention, SUBExcel 2017, in Denver: 1.

High-energy speakers, including keynote speakers Redmond Ramos, http://fast.wistia.com/embed/medias/tnvi9lj3uq, and Dr. Jerry Teplitz, http://www.teplitz.com, plus more than 10 other education workshop presenters.

Top-notch business education programs on topics that most impact you, such as technology, performance management, change orders and claims, lean construction, leadership, and insurance/risk management.

Leadership training, including “Developing Relationships with GCs,” “Getting the Most Out of Your Volunteers,” “Foundational Leadership: Understanding and Mastering the Basics for Long‑Term Growth,” and “Dueling Persuasive Styles.”

Panel discussion with general contractors, including Turner Construction Company, JE Dunn Construction, and Mortenson Construction.

Panel discussion with attorneys from the ASA Attorneys’ Council, on-hand to answer your questions about legal issues.

Networking opportunities, including the ASA President’s and ASA of Colorado’s Welcome Reception, networking breaks and receptions, and the final Reception, Silent Auction, Banquet and Awards Ceremony.

Outings designed especially for spouses, including a “Best of Boulder” tour and the “Behind the Velvet Curtain” tour of the Denver Performing Arts Complex.

Superbly located in downtown Denver at the Denver Marriott City Center, which boasts exceptional service, and breathtaking views of the Rocky Mountains and city skyline.

Built-in free time to explore Denver!

10. And more! Indeed, SUBExcel 2017 promises to be the single event of the year that you won’t want to miss! SUBExcel 2017 will take place March 15-18, 2017. Registrants are encouraged to arrive in Denver in time to attend the ASA President’s and ASA of Colorado’s Welcome Reception from 6:00 p.m. to 7:00 p.m. on Wednesday, March 15. The annual convention will kick off the next morning and continue through Saturday, March 18. ASA will conduct its annual business meeting from 11:00 a.m. to 12:00 p.m. on Saturday. Then, plan to stay Saturday night, so you can join us for the ASA Reception, Silent Auction, Banquet and Awards Ceremony from 6:30 p.m. to 10:00 p.m. Most registrants will schedule their departures for Sunday, March 19, or later. For the full schedule, enter the SUBExcel 2017 portal at www.SUBExcel.com. I do hope you’ll make the commitment to join us this year! I encourage you to bring your spouse and additional employees from your company, so they, too, can enjoy all that ASA has to offer! Sincerely, Robert Abney 2016-17 ASA President 3

SEE REGISTRATION FORM ON PAGE 11

ATTIRE Dress for education workshops, general sessions, committee meetings, council meetings, task force meetings, special events, and the annual business meeting is business casual.

• Proven business tips from acclaimed speakers that will transform your company and your bottom line to succeed in today’s construction markets. • The scoop on the latest productivityenhancing products and services provided by ASA exhibitors. • The excitement of the Denver Marriott City Center, conveniently located in downtown Denver and boasting exceptional service and breathtaking views of the Rocky Mountains and city skyline. • Special events, including the ASA President’s and ASA of Colorado’s Welcome Reception on Wednesday, March 15, and the final Reception, Silent Auction, Banquet & Awards Ceremony on Saturday, March 18. • A deeper look at your industry, your chapter, and your association which could impel you to take part in mapping our industry’s path forward in ASA’s task force, committee, and council meetings. • And much more!

HOTEL INFORMATION Make your online room reservations in the ASA room block at the Denver Marriott City Center at the special rate of $179 single/double. The cutoff date for the room block is on or before 5:00 p.m. on Feb. 13, 2017. Check-in: 4:00 p.m. Check-out: 12:00 p.m. PARKING Valet parking is $42/daily. Off-site parking is $15/hourly, $35/daily AIRPORT & TRANSPORTATION Denver International Airport is the 15th busiest airport in the world and the fifth-busiest airport in the United States. With more than 53 million passengers traveling through the airport each year, Denver International Airport is one of the busiest airline hubs in the world’s largest aviation market. The airport is the primary economic engine for the state of Colorado, generating more than $26 billion for the region annually. Source: Denver International Airport (DEN), www.flydenver.com SHUTTLE & TAXI INFORMATION Visit www.flydenver.com/parking_transit for “Parking, Transport” details. CAR RENTAL INFORMATION Visit www.flydenver.com/parking_transit/car-rentals for car rental agencies and information.

SEE REGISTRATION FORM ON PAGE 11

DENVER MARRIOTT CITY CENTER

DENVER ART MUSEUM

http://denverartmuseum.org/

REGISTRATION Register online at www.SUBExcel.com — or complete and return the Printable Registration Form on page 11 to meetings@ asa-hq.com—on or before Feb. 13, 2017, to take advantage of the early-bird registration discounts. You can still register at the regular price after Feb. 13, 2017. Full registration includes admittance to all educational workshops, general sessions, meal events, social functions, and committee and task force meetings. Full spouse registration includes admittance to all educational workshops, general sessions, meal events, social functions, and committee and task force meetings, plus special outings. Save $200 by staying at the convention hotel: Denver Marriott City Center, 1701 California Street, Denver, CO 80202. If you are local and do not need a hotel, the $200 fee does not apply.

Make your online room reservations (https://resweb.passkey. com/Resweb.do?mode=welcome_ei_new&eventID=15066596) in the ASA room block on or before 5:00 p.m. on Feb. 13, 2017, at the special rate of $179 single/double. Education Day Passes: If you are unable to attend the entire convention, you can purchase a day pass for $350/day and have access to all educational workshops and committee/task force meetings for one day. Day passes include entrance to ticketed events such as meal functions and social events for the day(s) selected. See the registration form on page 11 for details.

Early Registration

Regular Registration

(Add $200 if NOT staying at the Denver Marriott City Center) (By Feb. 13)

(Add $200 if NOT staying at the Denver Marriott City Center) (After Feb. 13)

1ST-Time ASA Member Attendee

$795

$895

ASA Member

$895

$995

$699

$799

Spouse/Guest Attendee **Outings Sold Separately

$495

$595

Past National ASA President / National ASA Chair Attendee

$595

$695

$1,095

$1,195

Complimentary

$447.50

$497.50

Company Registrant

ASA Non-Member New Executive Directors & EDs Attending for the 1st Time **Includes ED Outing All Other EDs (50% Discount) **Includes ED Outing

WEDNESDAY, MARCH 15 5:30 p.m. to 6:00 p.m.

Happy Hour for First-time Attendees

6:00 p.m. to 7:00 p.m.

ASA President’s and ASA of Colorado’s Welcome Reception

2016-17 ASA President Robert Abney joins ASA of Colorado in welcoming you to Denver, site of SUBExcel 2017, the premier education and networking event for construction subcontractors and suppliers.

THURSDAY, MARCH 16 1:30 p.m. to 4:30 p.m. Spouses’ Outing— “Best of Boulder Tour”

Boulder is a dynamic university community, nestled near the base of the scenic Flatiron Mountains—offering breathtaking views. Your tour takes you to the famous Celestial Seasonings facility to see, taste, and smell the world of teas. Guests learn how the company grew from its “cottage industry” roots to become the largest U.S. herbal tea manufacturer. There is an informative tour and a delightful gift shop with “Tea” shirts, whimsical gifts with the famous “Sleepy-Time Bear” and a variety of tea accouterments. We then visit the famous Pearl Street Mall—an outdoor mall with very unique character! The Mall is home to a wide variety of fascinating shops and delicious dining. It is easy to see why Pearl Street was selected as a recipient of HUD’s award for Urban Renewal Design and why it is the nation’s most successful outdoor mall. Guests will be given time for lunch on their own on the Mall before we drive through

the University of Colorado’s expansive campus to see beautiful historical buildings and gorgeous landscaping on the way back to Denver. Tickets for this spouses’ outing are sold separately.

FRIDAY, MARCH 17 1:30 p.m. to 5:00 p.m.

Spouses’ Outing— “Behind the Velvet Curtain”

The Denver Performing Arts Complex is the largest theatre complex of its kind in the world. The Complex is composed of 10 individual performance spaces, including Boettcher Concert Hall, Temple Hoyne Buell Theatre, the Helen G. Bonfils Theatre Complex and the Ellie Caulkins Opera House, which play host to Colorado Ballet, Colorado Symphony Orchestra and Opera Colorado, among others. The largest tenant of the Complex is Denver Center for the Performing Arts, a showcase for live theatre, a nurturing ground for new plays and a preferred stop on the Broadway touring circuit. It also hosts an award-winning multimedia production facility, a national training school for actors and is the site of a voice clinic and research facility. Guests will have the unique opportunity to tour a selection of these facilities and gain access to the behind-the-scenes areas of these performance spaces. They’ll see trap doors, catwalks and dressing rooms as well as DCPA’s 88,000 square foot production facility which houses sets, props and costumes from past productions. Tickets for this spouses’ outing are sold separately.

escape the room before your time is up. The Escape Room has five escape rooms that range in difficulty, including “Outbreak”, “Beyond the Flower Shop”, “Casino Heist”, “The Big Game” and “Egyptian Tomb.” Each room can accommodate up to 8 players each. See if you have what it takes to make an epic Escape. Tickets included with ED registration (for EDs only).

SATURDAY, MARCH 18 6:30 p.m. to 10:00 p.m.

Reception, Silent Auction, Banquet & Awards Ceremony

This special ASA event will take place at the Rock Room at Red Rocks Amphitheatre, which is built around one of the famous red rocks of the area. With sliding glass doors opening onto the lower terrace, this room allows for spectacular views of the classic Red Rocks scenery.

2:00 p.m. to 4:00 p.m.

Executive Directors’ Outing— “Denver Escape Room: Can You Escape?”

The concept is simple: You and your team will be locked in a room where you have 60 minutes to find clues, solve puzzles and

BRING YOUR SPOUSE SUBExcel 2017 will take place March 15-18, 2017, at the Denver Marriott City Center. ASA warmly invites you to register and bring your spouse with you to SUBExcel 2017. Your spouse’s full registration includes admittance to all social functions, educational sessions and other meetings. If your spouse is interested in participating in the outings, single event tickets may be purchased separately.

Early-bird Discount Ends Mon. Feb. 13, 2017

DOWNTOWN BOULDER photo credit: Pedro Szekely https://www.flickr.com/photos/43355249@N00/29218615946

SEE REGISTRATION FORM ON PAGE 11

Conference Schedule *subject to change

TUESDAY, MARCH 14 5:30 p.m. – 6:30 p.m. VIP Hospitality Suite (Leaders by invitation only) WEDNESDAY, MARCH 15 Noon – 6:00 p.m. Registration Open 1:00 p.m. – 2:00 p.m. Finance Committee Meeting 2:00 p.m. – 5:00 p.m. Executive Committee Meeting 5:30 p.m. – 6:00 p.m. Happy Hour for First-Time Attendees 6:00 p.m. – 7:00 p.m. ASA President’s and ASA of Colorado’s Welcome Reception 2016-17 ASA President Robert Abney and ASA of Colorado welcome you to SUBExcel 2017! THURSDAY, MARCH 16 7:00 a.m. – 5:00 p.m. Registration Open 8:00 a.m. – 9:00 a.m. Breakfast 9:00 a.m. – 10:45 a.m. Opening General Session by Redmond Ramos 10:45 a.m. – 11:00 a.m. Networking Break 11:00 a.m. – 12:15 p.m. Education Workshop— “Performance Management as Performance Culture” by Ian Blair, The Blair Group 11:00 a.m. – 12:15 p.m. Executive Directors’ Council Meeting 12:15 p.m. – 1:15 p.m. Lunch 1:15 p.m. – 2:45 p.m. Education Workshop— “Technology and Transparency—The Future of Construction” by Stephane McShane, Maxim Consulting Group, Denver, Colo. 1:15 p.m. – 5:00 p.m. Executive Directors’ SHARE! 1:30 p.m. – 4:30 p.m. Spouses’ Outing—Best of Boulder Tour 2:30 p.m. – 4:30 p.m. Exhibitor Set-Up

2:45 p.m. – 3:00 p.m. Networking Break 3:00 p.m. – 4:30 p.m. Education Workshop— “Desperately Seeking Objectivity” by E. Colette Nelson, Chief Advocacy Officer, American Subcontractors Association, Alexandria, Va. 3:00 p.m. – 4:30 p.m. Education Workshop—“Trends in Construction Technology: Mobile and the Cloud” by Steve Antill, Foundation Soft 4:30 p.m. – 6:30 p.m. EXPO with Exhibitors 7:00 p.m. – 10:00 p.m. ASA-PAC Event FRIDAY, MARCH 17 7:00 a.m. – 5:00 p.m. Registration Open 7:30 a.m. – 8:45 a.m. Breakfast and GC Panel Discussion—with Mark T. Griffin, Turner Construction; Jason Crookshank, J.E. Dunn Construction; and Sal Moya and Shane Knutson, Mortenson Construction 9:00 a.m. – 10:15 a.m. ASA Task Force on Government Advocacy Meeting—Part 1 Facilitated by E. Colette Nelson, Chief Advocacy Officer, American Subcontractors Association, Alexandria, Va. 9:00 a.m. – 10:15 a.m. Attorneys’ Council Panel Discussion—“The Seven Habits of Highly Effective Construction Clients” with Eric Travers, Kegler Brown Hill & Ritter, Columbus, Ohio; Eric Biesecker, Nexsen Pruet, Greensboro, N.C.; and Brian Esler, Miller Nash LLP, Seattle, Wash. 9:00 a.m. – 10:15 a.m. Executive Directors’ Education Workshop—“Developing Relationships with GCs” by Ike Casey, Executive Director, ASA of Metro Washington 10:15 a.m. – 10:45 a.m. Networking Break with Exhibitors

10:45 a.m. – Noon ASA Task Force on Government Advocacy Meeting—Part II Facilitated by E. Colette Nelson, Chief Advocacy Officer, American Subcontractors Association, Alexandria, Va. 10:45 a.m. – Noon Education Workshop— “Insurance and Risk Management: Reducing Risk on More Dangerous Roads Through Fleet Improvement” by John Watras, Zurich 10:45 a.m. – Noon Executive Directors’ Education Workshop—“Getting the Most Out of Your Volunteers” by Danny Creed, FocalPoint Business Coaching Noon – 1:30 p.m. Lunch Followed by Dessert with Exhibitors 1:30 p.m. – 1:45 p.m. Networking Break 1:30 p.m. – 3:00 p.m. Exhibitor Break-Down 1:30 p.m. – 5:00 p.m. Spouses’ Outing—Behind the Velvet Curtain 1:45 p.m. – 3:00 p.m. Education Workshop—“Lean Construction and What GCs Look for in Their Trade Partners” by Ashley Colburn, Operate Lean, LLC 1:45 p.m. – 3:00 p.m. Education Workshop— “Change Orders & Claims: How to Win Defective Documents, Conflict, Omissions & Ambiguities Every Time” by Anwar Hafeez, SDC & Associates 1:45 p.m. – 3:00 p.m. ASA Task Force on the Subcontractors Legal Defense Fund Meeting 2:00 p.m. – 4:00 p.m. Executive Directors’ Outing— Denver Escape Room: Can You Escape?

3:00 p.m. – 3:15 p.m.

Networking Break 3:15 p.m. – 4:30 p.m. ASA Task Force on Contract Documents Meeting

3:15 p.m. – 5:00 p.m. Leadership Training & Chapter Leadership Council Business Meeting— “Foundational Leadership: Understanding and Mastering the Basics for Long-Term Growth” by Danny Creed, FocalPoint Business Coaching 5:00 p.m. – On Your Own to Explore Denver (see page 10) 6:00 p.m. – 10:00 p.m. Attorneys’ Council Reception SATURDAY, MARCH 18 7:00 a.m. – 1:00 p.m. Registration Open 7:30 a.m. – 8:15 a.m. Breakfast 8:00 a.m. – Noon Attorneys’ Council Meeting 8:15 a.m. – 9:45 a.m. Opening General Session— “Increasing Your Professional and Leadership Power to New Levels of Excellence” by Dr. Jerry Teplitz 9:45 a.m. – 10:00 a.m. Networking Break 10:00 a.m. – 11:00 a.m. Leadership Training & Joint Leadership Council Meeting— “Dueling Persuasive Styles” by E. Colette Nelson, Chief Advocacy Officer, American Subcontractors Association, Alexandria, Va. 11:00 a.m. – 12:00 p.m. Annual Business Meeting 12:00 p.m. – 1:00 p.m. Joint Executive Committee and ASA Board of Directors Lunch 12:00 p.m. – 1:00 p.m. Silent Auction Set-Up 12:00 p.m. – 6:00 p.m. On Your Own to Explore Denver (see page 10) 1:15 p.m. – 4:15 p.m. ASA Board of Directors Meeting 6:30 p.m. – 10:00 p.m. Reception, Silent Auction, Banquet and Awards Ceremony — Red Rocks Ampitheatre Rock Room

EDUCATION PROGRAMS THURSDAY, MARCH 16 9:00 a.m.-10:45 a.m.

Opening General Session

Presented by Redmond Ramos, Combat veteran and champion athlete

A compelling speaker and storyteller, former Fleet Marine Force Navy Corpsman Redmond “Red” Ramos delivers a high energy presentation on the power of positivity. With humor, humility and moving recounts of his military experiences, Ramos reminds audiences that through the power of your own thoughts, you are the most influential person in your life.

11:00 a.m.-12:15 p.m.

Education Workshop— “Performance Management as Performance Culture” Presented by Ian Blair, The Blair Group

Learn how to take your business from a check-the-box annual review system to one thriving and fueled by a performance culture! For many organizations, performance management means a yearly review as a result of the HR department’s reminder that this task must be done. In this workshop, Blair will talk about performance management as performance culture. In its most fundamental form, a business is based on Purpose-Strategy and Process-People. Without people being aligned to the former, the business will not achieve greatness. A performance culture can and should be a powerful guide for leaders and managers to align each team member to the goals of the organization. This involves a system whereby each team member has a part in developing his or her own goals and strategies in support of the business. A system involving frequent two-way feedback and support attached to the discipline of a 90-day rhythm measuring success and improvement. In fact, a culture that emphases the development of behaviors for success as much as performance goals.

1:15 p.m.-2:45 p.m.

Education Workshop— “Technology and Transparency— The Future of Construction”

Presented by Stephane McShane, Maxim Consulting Group, Denver, Colo.

3:00 p.m.-4:30 p.m.

Education Workshop— “Desperately Seeking Objectivity”

Presented by E. Colette Nelson, Chief Advocacy Officer, American Subcontractors Association, Alexandria, Va.

Objectivity is elusive by nature. Objectivity is even more difficult when dealing with limited information; a complex political environment; and issues that involve our lives, jobs and emotions. Anyone who tells voters or grass roots advocates that their position is simple and straightforward is disingenuous, not only about the opposition, but also about potential supporters who have a slightly different take on the issue. This interactive workshop will help you recognize and validate support for your positions wherever you find it. Lessons learned are easily transferable to the business environment.

3:00 p.m.-4:30 p.m.

Education Workshop— “Trends in Construction Technology: Mobile and the Cloud”

Presented by Steve Antill, Foundation Soft

What are the latest trends in construction software, and how can you get the most advantage out of them for your business? In this workshop, Antill will review some of

the most recent changes in the industry, including the growing shift to cloud computing. He will look at what it is, how it impacts construction, and some of the pluses and minuses in moving from on-premise to cloud software. Finally, he will talk about the mobile revolution and its opportunities for companies like yours, such as real-time data collection from the jobsite with smartdevice field logs for weather, notes, job costing and more.

FRIDAY, MARCH 17 7:30 a.m.-8:45 a.m.

Breakfast and GC Panel Discussion

With Mark T. Griffin, Turner Construction; Jason Crookshank, J.E. Dunn Construction; and Sal Moya and Shane Knutson, Mortenson Construction.

9:00 a.m.-10:15 a.m.

Attorneys’ Council Panel Discussion— “The Seven Habits of Highly Effective Construction Clients”

With Eric Travers, Kegler Brown Hill & Ritter, Columbus, Ohio; Eric Biesecker, Nexsen Pruet, Greensboro, N.C.; and Brian Esler, Miller Nash LLP, Seattle, Wash.

Join a distinguished and experienced panel of ASA Attorneys’ Council panelists for a unique and free-flowing legal discussion on the seven habits of highly effective construction clients. From the eyes of the attorneys who live and breathe in the trenches of contract negotiation, claims resolution, and litigation, attendees will be able to listen and take part in a discussion of the common characteristics that these attorneys have seen of their most successful clients, a fun discussion that will help attendees identify how to better navigate the legal challenges they will face to make and keep more of their money (and spend less on attorneys).

9:00 a.m.-10:15 a.m.

Executive Directors’ Education Workshop— “Developing Relationships with GCs”

Presented by Ike Casey, Executive Director, ASA of Metro Washington

This workshop will illustrate how ASA of Metro Washington increased its member-

SEE REGISTRATION FORM ON PAGE 11

ship over 20 percent this year. Casey attributes much of this growth to the collaboration the chapter has established with nine of the general contractors in the Washington Metro area. Topics covered will include: policy for establishing a GC Partnership Group, how Metro Washington selects the GCs to invite, a report on “Meet and Greets” that have been held with Clark and Balfour Beatty, and whether a SUBBY Gala is an integral part of such a program.

time the volunteer must be having a good time and feel like their contribution is an important one. Master Business Coach Dan Creed will provide unique insight that will help you to achieve this goal and will hone your leadership skills for maximum results with your volunteer teams. Every attendee will receive immediately applicable and specific strategies and best practice guidelines for truly “Getting the Most Out of Your Volunteers.”

detailing the most important basic issues of leadership that every leader must master before they can ever be respected by their team. This is a must-see event. Every attendee will leave with new behaviors and strategies that can be applied in their very next leadership opportunity. (This one-hour and 15-minute training session for all SUBExcel 2017 registrants will be followed by 30-minute Chapter Leadership Council meeting.)

10:45 a.m.-Noon

1:45 p.m.-3:00 p.m.

SATURDAY, MARCH 18

Education Workshop— “Insurance and Risk Management: Reducing Risk on More Dangerous Roads Through Fleet Improvement” Presented by John Watras, Zurich

The statistics are in. There are more vehicles on the road than ever before. Vehicle repair costs are dramatically on the rise. Mobile technology is exacerbating distracted driving. Fleet exposures represent one of a contractor’s most significant liabilities, impacting both auto and workers’ compensation results. Aggressive management of these exposures is a critical component of a contractor’s overall risk management program. In this session, John Watras will discuss emerging trends affecting the overall driving population and provide an overview of risk factors affecting a contractor’s fleet. Audience participation software will be used to help attendees understand how distracted driving and road rage tendencies affect their organization. Attendees will learn several fleet program best practice elements to implement in their own fleet program to help protect their assets, their workers and the public. Executive Directors’ Education Workshop— “Getting the Most Out of Your Volunteers” Any organization whose success depends on volunteers is always at risk. The fine line in successfully working with your volunteer team, and leading that team to achieve your goals requires skill and patience and a keen ability to motivate your unpaid resources. The ability to get a volunteer to focus and achieve very specific tasks and accomplish an objective is the goal. The challenge is that at the same

8:15 a.m.-9:45 a.m.

1:45 p.m.-3:00 p.m.

Presented by Dr. Jerry Teplitz

Presented by Ashley Colburn, Operate Lean, LLC

Education Workshop— “Change Orders & Claims: How to Win Defective Documents, Conflict, Omissions & Ambiguities Every Time” Presented by Anwar Hafeez, SDC & Associates

This workshop will explain how to prevent and/or minimize claims. Hafeez will help subcontractors understand their rights on defective documents, ambiguities, and the difference between a conflict and an omission in order for them to get paid for legitimate change orders and avoid filing claims. Subcontractors will learn techniques they can apply to public work projects and private commercial projects. Hafeez will also provide valuable insight to increase the profits and protect the bottom line for successful change order and claim negotiations.

3:15 p.m.-5:00 p.m.

10:45 a.m.-Noon

Presented by Danny Creed, FocalPoint Business Coaching

Education Workshop— “Lean Construction and What GCs Look for in Their Trade Partners”

Leadership Training & Chapter Leadership Council Business Meeting— Featuring “Foundational Leadership: Understanding and Mastering the Basics for Long-Term Growth” Presented by Danny Creed, FocalPoint Business Coaching

Whether you’re a new leader or an experienced leader, you need to know that things are changing and people are changing. Those being led expect more from those leading. The subject is vast. In this fast-paced conversation, Master Business Coach Dan Creed will take the attendees through the foundation leadership recipe,

Opening General Session “Increasing Your Professional and Leadership Power to New Levels of Excellence” Have you ever had a negative day at work or as a leader? How did you feel at the end of it? Tired, drained? Now, have you ever had a positive day? How did you feel at the end of it? Energized? Isn’t there an increase in your productivity, effectiveness, and bottom line on that positive day? Dr. Jerry Teplitz says you can have that outcome everyday! In this education session, Dr. Teplitz will show you how to make every day a positive day through actual tools and techniques that will increase your energy level, resulting in more creativity, productivity, and effective leadership capabilities. These immediate, effective, and easy methods can be applied to all aspects of your professional life.

10:00 a.m.-11:00 a.m.

Joint Leadership Council Meeting— Featuring “Dueling Persuasive Styles”

Presented by E. Colette Nelson, Chief Advocacy Officer, American Subcontractors Association, Alexandria, Va.

Frequently, ASA members are so preoccupied with the righteousness of their cause that they fail to consider the mundane decisions that constitute the inner workings of an advocacy campaign. This workshop will help organizers—both chapter executive directors and volunteers—to recognize points of persuasion when seeking the attention of legislators’ offices and the media. Through two exercises, participants will gain insight into how to get policymakers and the news media to pay attention to you.

Things to Do in Denver Day Trips from Denver Denver has one of the world’s most stunning backyards: the majestic Rockies and everything that Colorado has to offer. The Mile High City is the gateway to amazing locations, just waiting for you to explore. http://www.denver.org/things-to-do/daytrips-around-colorado/ Old West Attractions Despite its metropolitan, 21st century leanings, Denver still retains a good deal of its Old West legacy. Around every corner, you’ll find some remnant of the pioneer era, as the past blends seamlessly into the present. Take some time to explore the city’s bygone days. http://www.denver.org/things-to-do/denver-attractions/old-west-attractions/

Arts & Culture Discover Denver’s thriving arts and culture, from world-class museums to unique art districts. http://www.denver.org/things-to-do/ denver-arts-culture/

Denver Nightlife Enjoy all that Denver nightlife has to offer, from top restaurants and bars to dancing, comedy and exclusive clubs. http://www.denver.org/things-to-do/ nightlife/

Attractions From downtown amusement parks to fascinating museums, Denver’s attractions deliver unique and unforgettable experiences. http://www.denver.org/things-to-do/ denver-attractions/

Denver St. Patrick’s Day Weekend Denver will inevitably offer St. Patrick’s Day festivities. The 2017 events have not yet been made available. http://www.denver.org/things-to-do/ denver-holiday-events/st-patricks/ More Things to Do from Visit Denver www.denver.org/things-to-do.

RED ROCKS AMPITHEATER photo credit: barrycdonovan https://pixabay.com/en/red-rocks-nature-stone-mountain-1142718

SEE REGISTRATION FORM ON PAGE 11

Registration Form March 15-18, 2017—Denver Marriott City Center Attendee Information

Name ___________________________ Title _____________________________ Nickname for Badge ________________

Complete & return to: American Subcontractors Association, 1004 Duke Street, Alexandria, VA 22314-3588 Phone: (703) 684-3450 | Fax: (703) 836-3482 Email: meetings@asa-hq.com | Web site: www.asaonline.com

Company _________________________ Address __________________________ City/State/Zip ______________________

Email Address _____________________ Phone Number ____________________ Dietary Restrictions Yes No

Name ____________________________ Title _____________________________

Nickname for Badge ________________ Email Address _____________________

Phone Number ____________________ Dietary Restrictions Yes No

Name ____________________________ Title _____________________________

Nickname for Badge ________________ Email Address _____________________

Phone Number ____________________ Dietary Restrictions Yes No

Nickname for Badge ________________

Dietary Restrictions

Additional Employee(s) (if applicable)

Spouse/Guest (if applicable)

Name ____________________________

Yes

Registration Fee **Includes admittance to social functions, educational sessions, committee, task force & council meetings. Qty st

Early Registration (by Feb. 13)

Regular Registration (after Feb. 13) $895.00 $995.00 $799.00 $595.00 $695.00

Add $200 if NOT staying at Denver Marriott City Center, Denver, Colo.

1 Time ASA Member Attendee x $795.00 = $ ASA Member x $895.00 = $ nd 2 Company Registrant x $699.00 = $ Spouse/Guest **Outings sold separately x $495.00 = $ Past National ASA President x $595.00 = $ New Executive Director & EDs Attending = $ x Complimentary Complimentary st for 1 Time **Includes ED Outing All Other EDs **Includes ED Outing x $447.50 $497.50 = $ ASA Non-Member x $1,095.00 $1,195.00 = $ Voluntary contribution to the ASA Chapter Scholarship Fund ($25.00 suggested) = $ Voluntary contribution to the ASA Subcontractors Legal Defense Fund ($100.00 suggested) = $ I will attend the banquet on Saturday, March 18. There will be #___people in my party. RSVP I will attend the Attorneys’ Council meeting on Saturday, March 18. Attorneys’ RSVP

Single Event Tickets Thursday, March 16 Friday, March 17 Saturday, March 18 Saturday, March 18

Spouses “Best of Boulder” Tour **Not included with registration Spouses “Behind the Velvet Curtain” Tour **Not included with registration Banquet **Included with full registration; pricing for Spouse/Guest not registered above Attorneys’ Council Pass **Included with full registration; pricing for attorneys NOT registered for full convention

#_____ tickets

$60.00

#_____ tickets

$40.00

#_____ tickets

$180.00

#_____ tickets

$175.00

Education Day Passes **Pass permits entry to education sessions and council meetings for 1 day (social & meal functions ARE INCLUDED for the day(s) selected). Cost is $350 per day. Please indicate below the day(s) for which you would like a pass. Thursday, March 16

Friday, March 17

Saturday, March 18

#_____ tickets

TOTAL PAYMENT AMOUNT Method of Payment (All faxed and emailed registrations MUST include a credit card number.) Check enclosed (payable to American Subcontractors Association, Inc.) Check # _______________ or Charge my: American Express MasterCard Visa Card #__________________________________________ Expiration date _______________ Billing Address________________________________________________________________ Authorized Signature __________________________________________________________ Print name as it appears on credit card ____________________________________________ code:subx17

$350.00

Cancellation & Refund Policy.

Full registration fees will be refunded if a written cancellation notice is received at ASA Headquarters by Feb. 13, 2017. A $50 processing fee will be deducted from refunds made after Feb. 13, 2017. No refunds will be made after Feb. 20, 2017. All cancellation requests must be made in writing.

MARCH 15-18, 2017 | DENVER MARRIOTT CITY CENTER | DENVER, COLORADO KEYNOTE SPEAKERS & PRESENTERS Keynote Speaker Redmond Ramos Combat veteran and champion athlete

Ike Casey John Watras Executive Director VP, Construction Industry ASA of Metro Washington Segment, Zurich

Danny Creed Stephane Internationally recognized McShane Master Business Coach, Senior consultant speaker, and author Maxim Consulting Group

Ashley Colburn Owner, Operate Lean, LLC.

Anwar Hafeez President, SDC & Associates

Ian Blair Principal, The Blair Group

Steve Antill Director of Sales, Foundation Soft

1004 Duke Street Alexandria, Virginia 22314 TM

ASSOCI ATION

SUBCONTRACT ORS

AMERICAN

E. Colette Nelson ASAâ&#x20AC;&#x2122;s Chief Advocacy Officer

Keynote Speaker Dr. Jerry Teplitz Professional speaker and author

3:00 p.m. – 4:30 p.m. Education Workshop—“Desperately Seeking Objectivity” by E. Colette Nelson, Chief Advocacy Officer, American Subcontractors Association, Alexandria, Va. Objectivity is elusive by nature. Objectivity is even more difficult when dealing with limited information; a complex political environment; and issues that involve our lives, jobs and emotions. Anyone who tells voters or grass roots advocates that their position is simple and straightforward is disingenuous, not only about the opposition, but also about potential supporters who have a slightly different take on the issue. This interactive workshop will help you recognize and validate support for your positions wherever you find it. Lessons learned are easily transferable to the business environment.

3:00 p.m. – 4:30 p.m. Education Workshop—“Trends in Construction Technology: Mobile and the Cloud” by Steve Antill, Foundation Soft What are the latest trends in construction software, and how can you get the most advantage out of them for your business? In this workshop, Antill will review some of the most recent changes in the industry, including the growing shift to cloud computing. He will look at what it is, how it impacts construction, and some of the pluses and minuses in moving from on-premise to cloud software. Finally, he will talk about the mobile revolution and its opportunities for companies like yours, such as real-time data collection from the jobsite with smart-device field logs for weather, notes, job costing and more.

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Friday, March 17, 2017 7:30 a.m. – 8:45 a.m. Breakfast and GC Panel Discussion— with Mark T. Griffin, Procurement Manager, Turner Construction; Jason Crookshank, Vice President, J.E. Dunn Construction; and Sal Moya and Shane Knutson, Mortenson Construction Mark T. Griffin, Procurement Manager Turner Construction Company Mark Griffin has been in the construction industry and with Turner Construction for over 26 years. He has spent time in multiple markets including Boston, Baltimore, Washington, D.C., throughout the Carolinas, and now Denver. A substantial part of his career was spent in preconstruction, in both purchasing and business development. Much of Griffin’s career has been dedicated to understanding local market conditions and the subcontractor pool balanced with national trends and pressures. Through this involvement, he positions himself and Turner to best develop deep subcontractor and supplier relationships. Griffin serves on the Board of Directors for Associated Builders and Contractors and is actively involved with Associated General Contractor of America and ACE Mentorship. Jason Crookshank, Vice President JE Dunn Construction Jason Crookshank, LEED AP, serves as a vice president for JE Dunn Construction Company. A graduate of Iowa State University, Crookshank joined JE Dunn in Kansas City in 1994. During his 23-year tenure in project management he’s had the opportunity to complete projects from Albuquerque, N.M., to Umatilla, Ore., prior to relocating to the Denver office of JE Dunn. Crookshank has since gone on to complete notable projects

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including CU Boulder’s Jennie Smoly Caruthers Biotechnology Building and over $200 million of work for Broadcom Limited. Crookshank currently serves as the executive leader for JE Dunn’s self perform efforts in the West Region, and serves on the on the firm’s Regional Safety Steering Team. His involvement extends beyond JE Dunn as a member of the AGC Colorado Subcontractor Relations Committee and with Junior Achievement Rocky Mountain. Sal Moya, Senior Project Manager, Mortenson Construction Sal Moya is a senior project manager with Mortenson Construction. Moya has more than 22 years of experience, nearly all of it at Mortenson. He has worked on a variety of high profile and challenging projects including the New $405 million St. Joseph Hospital in downtown Denver, Woodward’s new 360,000-square-foot corporate manufacturing and office campus in Fort Collins, and the new CoorsTek Research and Development and Advanced Manufacturing facilities in Golden. Moya earned a bachelor of science in civil engineering from the University of New Mexico. Shane Knutson, Senior Project Manager Mortenson Construction Shane Knutson is a senior project manager with Mortenson Construction. He has extensive experience overseeing large complex projects in both the public and private sector in the Colorado region. Recent project experience includes the new $385 million (construction cost) Westin Hotel and Transit Center at Denver International Airport and the James F. Battin Federal Courthouse in Billings, Mont. Knutson earned a bachelor of science degree in construction management from Colorado State University and is a Designated Design/ Build Professional from the Design Build Institute of America.

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March 15 â&#x20AC;&#x201C; 18, 2017

Denver Marriott City Center Denver, Colorado

9:00 a.m. – 10:15 a.m. Attorneys’ Council Panel Discussion—“The Seven Habits of Highly Effective Construction Clients” with Eric Travers, Kegler Brown Hill & Ritter, Columbus, Ohio; Eric Biesecker, Nexsen Pruet, Greensboro, N.C.; and Brian Esler, Miller Nash LLP, Seattle, Wash. Join a distinguished and experienced panel of ASA Attorneys’ Council panelists for a unique and free-flowing legal discussion on the seven habits of highly effective construction clients. From the eyes of the attorneys who live and breathe in the trenches of contract negotiation, claims resolution, and litigation, attendees will be able to listen and take part in a discussion of the common characteristics that these attorneys have seen of their most successful clients, a fun discussion that will help attendees identify how to better navigate the legal challenges they will face to make and keep more of their money (and spend less on attorneys). Eric Travers Kegler, Brown, Hill and Ritter Eric Travers is a director at the Columbus, Ohio, law firm of Kegler, Brown, Hill and Ritter, ASA’s legal counsel, and practices in the firm’s Construction Law area, representing subcontractors, general contractors, owners, suppliers, architects, sureties, construction managers and others. Travers advises construction businesses and owners in all aspects of construction law, including resolution of payment disputes, contract drafting and negotiation, bid qualifications, risk management strategies, and preserving, perfecting and enforcing/defending mechanic’s lien, bond claims and resolving OSHA citations. He is also experienced in state and federal court trial and appellate practice and has successfully helped numerous clients resolve disputes through alternative dispute resolution techniques, including mediation and arbitration.

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Eric Biesecker, Nexsen Pruet Greensboro, N.C. Eric Biesecker of Nexsen Pruet, Greensboro, N.C., represents a variety of clients in the construction industry, including owners, contractors, subcontractors, and suppliers. He has handled hundreds of lien and bond claims, defect and delay disputes, delay and disruption controversies, bidding challenges, product defects, and scope-of-work conflicts. He also advises his clients on construction contract drafting and negotiation and best practices to avoid disputes. He has represented his construction clients in state and federal courts throughout North Carolina, and in many mediations and arbitrations. Nexsen Pruet is a full-service law firm with eight offices throughout the Carolinas. Brian W. Esler, Miller Nash Graham & Dunn, Seattle, Wash. Brian W. Esler heads Miller Nash Graham & Dunn’s Washington State commercial litigation practice. His practice emphasizes construction litigation, complex commercial litigation, and appellate advocacy, and he has represented clients in the construction industry at all levels. Miller Nash Graham & Dunn has been serving clients in the Pacific Northwest for over a century, and has offices in Seattle and Vancouver, Wash.; Portland, Ore.; and Long Beach, Calif.

9:00 a.m. – 10:15 a.m. Executive Directors’ Education Workshop—“Developing Relationships with GCs” by Ike Casey, Executive Director, ASA of Metro Washington This workshop will illustrate how ASA of Metro Washington increased its membership over 20 percent this year. Casey attributes much of this growth to the collaboration the chapter has established with nine of the general contractors in the

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Washington Metro area. Topics covered will include: policy for establishing a GC Partnership Group, how Metro Washington selects the GCs to invite, a report on “Meet and Greets” that have been held with Clark and Balfour Beatty, and whether a SUBBY Gala is an integral part of such a program.

10:45 a.m. – Noon Education Workshop—“Insurance and Risk Management: Reducing Risk on More Dangerous Roads Through Fleet Improvement” by John Watras, Zurich The statistics are in. There are more vehicles on the road than ever before. Vehicle repair costs are dramatically on the rise. Mobile technology is exacerbating distracted driving. Fleet exposures represent one of a contractor’s most significant liabilities, impacting both auto and workers’ compensation results. Aggressive management of these exposures is a critical component of a contractor’s overall risk management program. In this session, John Watras will discuss emerging trends affecting the overall driving population and provide an overview of risk factors affecting a contractor’s fleet. Audience participation software will be used to help attendees understand how distracted driving and road rage tendencies affect their organization. Attendees will learn several fleet program best practice elements to implement in their own fleet program to help protect their assets, their workers and the public.

10:45 a.m. – Noon Executive Directors’ Education Workshop—“Getting the Most Out of Your Volunteers” by Danny Creed, FocalPoint Business Coaching Any organization whose success depends on volunteers is always at risk. The fine line in successfully working with your volunteer team, and leading that team to achieve your goals requires skill and patience and a keen ability to motivate your

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unpaid resources. The ability to get a volunteer to focus and achieve very specific tasks and accomplish an objective is the goal. The challenge is that at the same time the volunteer must be having a good time and feel like their contribution is an important one. Master Business Coach Dan Creed will provide unique insight that will help you to achieve this goal and will hone your leadership skills for maximum results with your volunteer teams. Every attendee will receive immediately applicable and specific strategies and best practice guidelines for truly “Getting the Most Out of Your Volunteers.”

1:45 p.m. – 3:00 p.m. Education Workshop—“Lean Construction and What GCs Look for in Their Trade Partners” by Ashley Colburn, Operate Lean, LLC

1:45 p.m. – 3:00 p.m. Education Workshop—“Change Orders & Claims: How to Win Defective Documents, Conflict, Omissions & Ambiguities Every Time” by Anwar Hafeez, SDC & Associates This workshop will explain how to prevent and/or minimize claims. Hafeez will help subcontractors understand their rights on defective documents, ambiguities, and the difference between a conflict and an omission in order for them to get paid for legitimate change orders and avoid filing claims. Subcontractors will learn techniques they can apply to public work projects and private commercial projects. Hafeez will also provide valuable insight to increase the profits and protect the bottom line for successful change order and claim negotiations.

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3:15 p.m. – 5:00 p.m. Leadership Training & Chapter Leadership Council Business Meeting—“Foundational Leadership: Understanding and Mastering the Basics for Long-Term Growth” by Danny Creed, FocalPoint Business Coaching Whether you’re a new leader or an experienced leader, you need to know that things are changing and people are changing. Those being led expect more from those leading. The subject is vast. In this fast-paced conversation, Master Business Coach Dan Creed will take the attendees through the foundation leadership recipe, detailing the most important basic issues of leadership that every leader must master before they can ever be respected by their team. This is a must-see event. Every attendee will leave with new behaviors and strategies that can be applied in their very next leadership opportunity. (This one-hour and 15-minute training session for all SUBExcel 2017 registrants will be followed by 30-minute Chapter Leadership Council meeting.)

Saturday, March 18, 2017

can have that outcome everyday! In this education session, Dr. Teplitz will show you how to make every day a positive day through actual tools and techniques that will increase your energy level, resulting in more creativity, productivity, and effective leadership capabilities. These immediate, effective, and easy methods can be applied to all aspects of your professional life.

10:00 a.m.-11:00 a.m. Leadership Training & Joint Leadership Council Meeting— “Dueling Persuasive Styles” by E. Colette Nelson, Chief Advocacy Officer, American Subcontractors Association, Alexandria, Va. Frequently, ASA members are so preoccupied with the righteousness of their cause that they fail to consider the mundane decisions that constitute the inner workings of an advocacy campaign. This workshop will help organizers—both chapter executive directors and volunteers—to recognize points of persuasion when seeking the attention of legislators’ offices and the media. Through two exercises, participants will gain insight into how to get policymakers and the news media to pay attention to you.

8:15 a.m.-9:45 a.m. Opening General Session— “Increasing Your Professional and Leadership Power to New Levels of Excellence” by Dr. Jerry Teplitz Have you ever had a negative day at work or as a leader? How did you feel at the end of it? Tired, drained? Now, have you ever had a positive day? How did you feel at the end of it? Energized? Isn’t there an increase in your productivity, effectiveness, and bottom line on that positive day? Dr. Jerry Teplitz says you

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Feature CASE STUDY: Deploying Technology to the Field: What Rhumbix Has Learned by Guy Skillett

At Rhumbix, we build tools for the craft that both reduces the burden of field administration and improves the quality of data collected on jobsites. We spend a lot of time putting tablets and smartphones in the hands of workers to automate processes which, for many years, have been performed using pieces of paper. This means we have seen and learned a lot of about how this process works well, what causes it to fail, and what some of the outcomes can be from successfully deploying mobile technology to jobsites. Construction is a data-rich environment. It is, however, an industry that for the longest time has done a poor job of capturing and recording the data that projects generate, every day. If you consider timekeeping, production, daily reports, quality and safety inspections, and photos etc., the list of critical data inputs grows very quickly. Then, think about the management processes that these data are required to feed, and the

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opportunities for poor quality data to impact projects grows very quickly. The industry does, however, do a good job of recognizing areas for improvement. Governments develop task forces and undertake research, academia, trade groups and the industry often converge to develop initiatives, such as the Construction Industry Institute and Fiatech, while industry reports and publications offer helpful management suggestions. At Rhumbix, we take a slightly different perspective, focusing more on the opportunity for the industry to generate improvement ideas from the people that touch the work—your craft foremen and the trades. For too long, the industry has ignored a resource that represents the greatest opportunity to improve project performance. The craft workforce understands better than most how to deliver successful project outcomes, yet rarely are they provided a means for sharing these insights. Paper-based reporting processes will never empower the

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transfer of this data, and the gap in situational awareness between the craft workforce and construction project management will remain extensive. At Rhumbix, we build software for the construction craft workforce and believe a tool that is simple, intuitive and easy to use, can empower knowledge transfer from the craft to management, allowing their experience and ideas to further support project delivery. This sounds straightforward, but designing and deploying mobile tools to meet the needs of complex, variable construction management tasks is a challenge. Paper remains popular because it is flexible and easy to use, however for construction outcomes to improve we must move into new scenarios where mobile technology prevails. One of the most enlightening and rewarding aspects of developing and testing Rhumbix has been engaging with the craft workforce to test designs and interfaces. Many field tools to-date have been clunky, poorly designed, and have been suboptimal for construction workers. If the user interface and workflows are unclear or complicated, construction workers will quickly lose interest, and they’ll be quick to tell you. Their feedback is vital and must be solicited. They will tell you when the tools do not meet their needs and expectations. This should be a huge focus area for anyone building, buying or deploying software for the craft workforce. Poor user interfaces and user experiences, which is something we in the software space should think about often, may not be front and center when considering software selections, but it is a costly oversight that can all but condemn the success of your technology initiatives.

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If empowering crews with digital tools requires not only different approaches to software design, it also affects deployment strategies. The craft are less accustomed to using mobile tools as part of their day-to-day responsibilities and while solutions exist, and are increasingly used for accessing plans and collaboration, their use for field data capture remains less common. How can we encourage projects and crews to move away from tried and trusted paper to these new approaches? There is often an initial reluctance to engage with new technology, reflecting the fact that many of the tools that craft workers have used to date have not worked, either in terms of design or functionality. Deployments require overcoming the initial reluctance to change, and a clear understanding of why a new tool will deliver value. Our experience has been that crews respond well to efficiency gains from avoiding non-value added administration and paperwork. Never underestimate how much your crews hate paperwork, and are willing to try new tools, if they reduce inefficiency and waste. Another agent of successful change is for crews to have better visibility and ownership of their performance. It is this aspect that has been a key learning for us. Engaging crews in measurement and performance may not seem like an obvious strategy for technology uptake, but it works. The craft know that production tracking is a key part of construction management, but they often are not well informed about how the process work or how field data is used to assess performance. Your crews are, in many cases, measured by metrics and processes that are unclear and not well understood by them. Our deployments of Rhumbix involve detailed explanations of the workflows and their intent to field teams. We provide instruction on what the platform measures, and how labor performance is assessed with

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the field data that is collected. We highlight a link between the quality of data collected from the field and management’s perception of craft performance, and emphasize the ability of the craft to communicate opportunities for improvement issues. Under these scenarios, we have seen crews who have highlighted issues using mobile reporting tools, and seen conditions improved by management. The craft see that management are more engaged in helping crews get work done and appreciate the value in communicating issues. A feedback loop is generated whereby the more crews use with the tools, the more likely they are to have productive working conditions and successful project outcomes. This isn’t a process that is easy to recreate with paper, where the delay in data flow rarely supports timely management intervention. An additional learning has been the willingness of individual craft workers, and not just foremen, to engage in performance improvement initiatives using technology. We’ve deployed the platform to measure production at very high levels of detail for cycle time and variance in prefabrication, and task-level measurement in first run studies. We put smartphones in the hands of individual workers to record task duration for estimate and unit rate evaluations. These studies require training not only in the use of the technology, but also in why these studies are useful. We share results with workers through the mobile application to make sure that the studies are transparent and to encourage interaction with the data. We’ve experienced amazing engagement from individuals in learning the how and the why of production measurement. Most construction workers understand that they are accountable to production targets and unit rates without ever really understanding what they mean, or how they are calculated. One of the

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most interesting conclusions from these studies has been the way in which workers can become engaged with performance evaluation and data. Once empowered with the tools and the know-how and the opportunity for timely feedback on performance, the craft want to explain the numbers. We’ve seen crews drastically improve unit rates by becoming more engaged in production, and providing feedback and performance improvement ideas to supervision. In almost all the cases, the increase arises because the crews are empowered with production data and a greater sense of ownership of the project outcomes. In summary, we’ve learned that field technology deployment can be a powerful change agent, not only at the project level, but flowing down to crews and the individual craft worker level, too. Key to success is the selection of software that is appropriately designed, which engages with the craft, and deployments that are presented in a transparent manner and with clearly defined outcomes. Mobile technology is an emerging trend in the industry, and promises to be influential in terms of meeting the performance and efficiency challenges facing construction in the coming years. Construction management can be very influential in assuring the success of these deployments by paying attention to a few key criteria. Hopefully some of the things that we have learned at Rhumbix will help your field technology deployments and innovation initiatives be successful. Guy Skillett is head of Construction Analytics for Rhumbix. During his 10 years with Bechtel, he built an airport in Qatar, motorways and bridges in Albania, aluminium smelters in Canada, refineries in Guinea and copper concentrators in Chile. He can be reached at (855) 748-6249 or guy@ rhumbix.com.

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ASA Webinars Offer Education Opportunities Throughout the Year to Help Subcontractors Improve Their Businesses by American Subcontractors Association In today’s fast-paced construction marketplace, prudent subcontractors gain a competitive edge by continually learning strategies to improve their businesses and by taking advantage of opportunities to better understand the ever-changing federal regulations that impact their businesses. The American Subcontractors Association’s 2016-17 Webinar Series, which began in August 2016, focuses on topics that can help subcontractors stay competitive, avoid or reduce risks, and be more profitable. Subcontractors can register for any of the eight remaining webinars in the series under “Register for an Event” on the ASA Web site. Webinars that have already taken place were recorded and are available as videos-on-demand in the ASA online store, located on the ASA Web site under “Browse Products.” Six of the eight remaining webinars cost $99 for ASA members and $179 for nonmembers. Two of the webinars are complimentary.

JANUARY 24, 2017 OSHA TRANSGENDER BATHROOM REQUIREMENTS

The Occupational Safety and Health Administration now requires all employers under its jurisdiction to accommodate employees based on which gender that employee identifies with. In “OSHA Transgender Bathroom Requirements,” Jamie Hasty, SESCO Management Consultants, Bristol, Tenn., will review the OSHA requirements and explain what employers should be doing to be in compliance with all applicable policies and practices. Registration Fee: Complimentary for ASA members and nonmembers.

FEBRUARY 14, 2017 COST CODING MADE SIMPLE

Construction cost codes are used to help monitor and evaluate a contractor’s costs during the course of a construction project. Construction cost codes help keep track of actual costs in comparison to estimates. In “Cost Coding Made Simple,” Anwar Hafeez, SDC & Associates Inc., Santee, Calif., will explain fixed and variable costs, how to set-up a cost coding system economically, and how cost coding can make the company money. Registration Fee: $99 for ASA members/$179 for nonmembers.

MARCH 1, 2017 OSHA SILICA RULE—APPLICATIONS FOR SUBCONTRACTORS

must comply with all requirements of the standard by June 23, 2017, except requirements for laboratory evaluation of exposure samples, which begin on June 23, 2018. In “OSHA Silica Rule—Applications for Subcontractors,” Terry Foy, Foy Safety Consulting, Inc., Abingdon, Md., will examine the OSHA rule and explain how it will affect the construction jobsite and what is necessary to comply. Registration Fee: Complimentary for ASA members and nonmembers.

APRIL 11, 2017 INCENTIVE COMPENSATION PLAN BEST PRACTICES Incentive compensation is a huge investment. Engineering and construction companies spend an average 15 percent of net profit before taxes, on these programs. The U.S. construction industry has an enormous opportunity to improve the effectiveness of current incentive compensation programs, especially because few construction companies use industry market data to ensure adequate incentives. However, it can be challenging to create an incentive plan that supports your strategic objectives, motivates attainment of stretch goals, provides desired returns and behaviors and yields results. In “Incentive Compensation Plan Best Practices,” Mike Rose, Ph.D., FMI, Phoenix, Ariz., will share critical issues commonly practiced in the construction industry that need to be addressed in order to improve the effectiveness of your incentive program. Registration Fee: $99 for ASA members/$179 for nonmembers.

OSHA’s new rule on crystalline silica requires construction employers to limit worker exposure to silica and to take other steps to protect workers. Construction employers

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APRIL 25, 2017 MOST POPULAR BENEFITS EMPLOYEES ARE PURCHASING WITHOUT EMPLOYER CONTRIBUTIONS

Voluntary benefits in the workplace have grown by over 50 percent in last decade. In “Most Popular Benefits Employees Are Purchasing Without Employer Contributions,” Dan Cahn, ACSIA Partners, LLC, Benefit Solutions Today, Kirkland, Wash., will discuss the most popular benefits, what are employees saying about higher deductibles, and sales of non-traditional benefits, like identify theft, legal insurance and wellness programs. Registration Fee: $99 for ASA members/$179 for nonmembers.

JUNE 13, 2017 KILLER CONTRACT CLAUSES Agreeing to risky contract terms can have severe, even “killer,” consequences, such as increased liabilities, slow pay, and nonpayment. Subcontractors that are able to recognize adverse contract terms can put themselves in a better position to negotiate contract terms. In “Killer Contract Clauses,” Russell O’Rourke, Esq., Meyers, Roman, Friedberg & Lewis, Cleveland, Ohio, will examine some of the riskiest contract clauses for subcontractors. Registration Fee: $99 for ASA members/$179 for nonmembers.

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MAY 9, 2017 PROMPT PAYMENT AND HOW / WHEN TO SUSPEND WORK In “Prompt Payment and How/When to Suspend Work,” Jason Ebe, Esq., Snell & Wilmer, L.L.P., Phoenix, Ariz., will provide best practices for ensuring prompt payment of invoices and tips for how to mitigate your own damages by suspending work without breaching your subcontract and getting yourself fired, replaced and sued. Registration Fee: $99 for ASA members/$179 for nonmembers.

MAY 23, 2017 TECHNOLOGY & TRANSPARENCY Identifying the tools and technology needed to best position your organization for a successful future can sometimes be daunting. In “Technology and Transparency,” Stephane McShane, Maxim Consulting, Denver, Colo., will discuss some of these tools and explain why they are critical to future profitability. Registration Fee: $99 for ASA members/$179 for nonmembers.

Win.Win. Sell your products and services. Advertising reaches industry leaders and decision-makers who spend $11+ billion annually on products and services. Support ASA. Advertising supports ASA, the industry

voice of trade contractors.

That’s a win-win situation.

To advertise in The Contractor’s Compass, contact Richard Bright at (703) 684-3450, Ext. 1335 or rbright@asa-hq.com

Legally Speaking Companies Can Reduce Cost of Litigation for HighVolume e-Discovery Through Technology-Assisted Review by Joseph J. Bosick Due to the escalating quantity of data in the discovery process, technology-assisted review is seen as a solution for spiraling litigation costs. Technology-assisted review of documents uses technology to locate relevant documents quickly and produces savings in the cost of review. Technology-assisted review is also known by other names, such as predictive coding or computerassisted review. The cost savings in discovery for a successful technologyassisted review project relates to the documents that do not have to be reviewed through the use of sampling techniques. In 2010, technology-assisted review was rarely used in litigation. Today, computer-assisted review is considered by many to be an essential technology because of its prioritizing of documents and because it reduces the time that it takes to review the documents. Predictive coding utilizes a series of algorithms. An algorithm is a formally specified series of computations that, when executed, accomplishes a particular goal. The algorithms used in EDiscovery are implemented as computer software.

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The escalating quantity of data that may be subject to discovery requests in litigation was mentioned by IBM when it recently reported that: “Every day, we create 2.5 quintillion bytes of data – so much so that 90% of the data in the world today has been created in the last two years alone.” More and more data is stored today in the cloud for business purposes. From an e-discovery viewpoint, having a centralized location for searching data is helpful, but without technologyassisted review can be expensive. Companies now have social media sites because of the increase in user activity on those sites. Below is a graph that shows the increase in activity on social media sites between September 2011 and June 2016. Adverse parties in litigation now customarily request information

posted by companies on social media sites over an extended period of years. Social media environments are dynamic and constantly changing. This, in turn, increases the cost of responding to requests for production of documents that are served on parties in litigation. Technology-assisted review can result in substantial cost savings to companies and their insurers relative to discovery requests for traditional corporate records (letters, memoranda, email, drawings, photographs, agreements, meeting minutes, financial statements, etc.) as well as discovery requests related to social media. Joseph J. Bosick serves as chair of the Construction Practice Consortium. Bosick can be reached at (412) 2631828 or JJB@Pietragallo.com.

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September 2011

June 2016

Facebook

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ASA/FASA Calendar

Coming Up in the February 2017 Issue of ASA’s

April 2017

12-14 - ASA Mini-Committee Week: Executive and Finance Committee and Rap Council Meetings, Napa, Calif. 24 – Webinar: OSHA Transgender Bathroom Requirements (Complimentary)

11 – Webinar: Incentive Compensation Plan Best Practices 25 – Webinar: Most Popular Benefits Employees Are Purchasing Without Employer Contribution May 2017

February 2017 14 – Webinar: Cost Coding Made Simple

9 – Webinar: Prompt Payment and How/When to Suspend Work June 2017

March 2017 1 – Webinar: OSHA Silica Rule—Applications for Subcontractors (Complimentary)

13 – Webinar: Killer Contract Clauses

15-18 – SUBExcel 2017, Denver, Colo. Contact information for all ASA and FASA events/programs: www.asaonline.com education@asa-hq.com

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January 2017

THEME: Contracts • Contract

Negotiation • Dream Clauses • ASA Subcontract Documents Suite • ConsensusDocs • Contracts • Legally Speaking Look for your issue in February. PAST ISSUES: Access online at www.contractors knowledgedepot.com

www.subexcel.com

KEYNOTE SPEAKER Redmond Ramos Veteran, Athlete, Champion

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“The flow and consistency of the documentation in Project DocControl was exactly what we had been looking for. We needed a tool that would allow employees to generate documents easily and consistently.” —Stephen Rohrbach, CPC President F.A. Rohrbach, Inc. Past ASA National President

50! Congratulations to ASA on your 50th anniversary! Project DocControl is proud of its decade-long ASA national sponsorship.

MAY 7 TH , 8:10 A .M .

A HANDY REFERENCE TOOL BRINGS HIGHER PROFIT WITHIN REACH

IN AN INS TANT, A R IK M U L L EN R E A L IZE D THE VA LU E O F M OTI O N I S M O NE Y ®

AmSlab Solutions founder, Arik Mullen, is always finding ways to solidify his concrete business. So when he learned how a simple workbook available through CNA’s Motion is Money® program could highlight hundreds of hours of worker inefficiencies, he called his Risk Control Specialist, conducted a worksite audit, and developed a plan to minimize bending, lifting and reaching for tools. Now AmSlab productivity is up 3%, and Arik’s enjoying a much healthier bottom line.

When you’re looking for programs that help keep workers safe and businesses strong … ® we can show you more.

To learn how CNA’s insurance programs for contractors can help your business grow more profitably, contact your independent agent or visit www.cna.com/construction. The examples provided in this material are for illustrative purposes only and any similarity to actual individuals, entities, places or situations is unintentional and purely coincidental. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. All products and services may not be available in all states and may be subject to change without notice. “CNA” is a service mark registered by CNA Financial Corporation with the United States Patent and Trademark Office. Certain CNA Financial Corporation subsidiaries use the “CNA” service mark in connection with insurance underwriting and claims activities. Copyright © 2017 CNA. All rights reserved.