SnowPro July/August 2019

Snow PRO PRO NO. 2 2019

Put your

OFFSEASON TO WORK ›

Best practices that will KEEP

CONTRACTORS IN BUSINESS ›

Advantages of

CONSTRUCTION EQUIPMENT OVER TRUCKS An AC Business Media Supplement

SNOW0819_01_Cover_rw.indd 1

7/30/19 9:22 AM

SNOWRATOR

®

Snow & Ice System

A Clear Path to Sidewalk Solutions Time-saving and profit-driving walkway solutions from BOSS. When winter strikes, it demands speed and efficiency to keep busy sidewalks and walkways clean.

BOSS offers a complete line of tough solutions that are built to efficiently perform in locations where constant foot traffic, tight areas and obstacles are all part of the job. Put your compact vehicle, UTV or tractor to work–and battle snow and ice with BOSS. Ask your BOSS Dealer for more information or visit bossplow.com.

UTV Plows

ATV Plows

VBX 3000 Spreader

EXACT PATH® Drop Spreader

©2019 BOSS Products. All Rights Reserved. The “f” logo is a registered trademark/service mark of Facebook, Inc. The Twitter logo is a registered trademark/service mark of Twitter, Inc. The YouTube logo is a trademark/service mark of Google LLC. The “in” logo is a registered service mark of LinkedIn Corporation. The Instagram logo is a registered service mark of Instagram, LLC. The Blogger logo is a registered service mark of Google LLC. All other trademarks belong to BOSS Snowplow.

SNOW0819_02-03_TOC_rw.indd 2

7/30/19 9:25 AM

TABLE OF CONTENTS

MESSAGE FROM THE EDITOR

Number 2 - July/August 2019

Limit your liability with ASCA

A

dvocacy is an important role for the Accredited Snow Contractor’s Association.

ASCA has been at the forefront of attempting to change legislation at both the state and federal levels to benefit snow and ice management contracts.

The Snow Removal Limited Liability or Liability Limitations Act is the ASCA’s model legislation that is in the process of being developed in multiple states.

The bill would make the hold harmless and indemnification agreements in snow and ice management contracts null and void when the property owner or property management company passes their liability onto the snow and ice management company.

Currently state and federal law, many snow and ice management companies are liable to lawsuits due to the indemnification and hold harmless clauses in their contracts.

For example, if the indemnification clause reads something to the effect of that the snow and ice management company will be responsible for any and all accidents, incidents and injuries on the property as relates to snow and ice, it is not very helpful if the scope of work with a clause like that and the contract reads that the company will not commence plowing until there is two inches on the ground and the property owner will tell you when to salt. In that scenario the contractor is liable for any slip and fall incidents even if there is one inch on the ground and they are not supposed to do their job.

On the state level, Illinois enacted ASCA’s model legislation in 2016, a version of it was approved in Colorado in 2018 and Connecticut signed it into law in July 2019.

There are active efforts in Massachusetts, New York, New Jersey, Michigan, Indiana, Wisconsin and Pennsylvania where the law is being reintroduced or introduced.

Contact your state representative and inform them how important the legislation is as a voter and business owner. To quote ASCA, “If you don’t make your representatives aware of your concerns, they won’t know to do anything about them.”

Reach out to ASCA Executive Director Kevin Gilbride to learn more about how you can benefit yourself and other snow removal operators in avoiding lawsuits today.

Ryan Whisner (920) 542-1238 rwhisner@acbusinessmedia.com

04 IN THIS ISSUE

04 Advantages of

Construction Equipment Over Trucks Eight points that lead to reduced operating costs and greater customer satisfaction

08 Put your offseason to work Snow removal is the no-brainer winter business …provided you follow some basic advice.

16 Best practices that will keep snow contractors in business

16

ASCA Executive Director Kevin Gilbride shares concepts on avoiding frivolous lawsuits.

22 Snow & Ice Removal Products 26 Advertisers Index SNOW PRO | JULY/AUGUST 2019

SNOW0819_02-03_TOC_rw.indd 3

S3

7/30/19 9:25 AM

By Andrew Dargatz

Advantages of

CONSTRUCTION EQUIPMENT OVER TRUCKS Eight points that lead to reduced operating costs and greater customer satisfaction

T

he snow removal industry is becoming more competitive each year. As that happens, the margin of error between profitability and survival is slim.

For large commercial snow removal contractors, the shift from trucks and plows to construction equipment — skid steers, compact track loaders, wheel loaders, compact wheel loaders and backhoes — provides significant operational advantages.

Is it time for you to add more equipment and give the pickup and plow a rest? Here are eight reasons to consider adding more iron to your snow removal fleet:

1 Responsiveness

When it snows, does it make more sense to have your employees try to manage a route, and fight road conditions and traffic to service your customers, or to drive to strategically parked pieces of equipment that allow them to plow one or more accounts with that machine? This provides a number of advantages: • Plowing begins sooner = faster responsiveness = greater customer satisfaction.

• The employee “clocks in” when he gets to the lot with the machine. Their time is now 100% billable, and labor costs are not wasted driving from account to account.

The margin of error between profitability and survival is slim.

S4

SNOW PRO | JULY/AUGUST 2019

SNOW0819_04-07_EquipAdv_rw.indd 4

7/30/19 9:27 AM

B O B C A T. C O M / D O N E T O U G H

CCE mr.5

Con atta

CA

CCE SV3

Wo app app

CA

CCE V2_

Skid effi

CA

CCE mr.5

Wh the mas

Every day brings a new challenge, but you’re resourceful, and you’re ready with Bobcat ® equipment. You bring the challenge.

We’ll supply the muscle.

Bobcat is a Doosan company. Doosan is a global leader in construction equipment, power and water solutions, engines, and engineering, proudly serving customers and communities for more than a century.

Bobcat ®, the Bobcat logo and the colors of the Bobcat machine are registered trademarks of Bobcat Company in the United States and various other countries. ©2019 Bobcat Company. All rights reserved. | 1381

SNOW0819_04-07_EquipAdv_rw.indd 5

7/30/19 9:27 AM

2 Labor efficiency

While every lot is different, construction equipment presents the opportunity for a higher percentage of productive work to take place. Trucks are only removing snow when moving forward. Too much time is wasted with trucks having to go in reverse.

Skid steers are not only more maneuverable than a truck to clean around islands and light poles, but skid steers are also more efficient. They can push one way, spin around and push the other way. Add in the advantages provided by attachments such as a sectional snow pusher, which removes more snow on the first pass than fixed blades or pushes, and these machines also help remove snow in fewer total passes.

3

Fuel savings

Minimizing liability is all about reducing exposure.

Construction equipment parked at accounts does this in a couple of ways.

• Your employees are not driving company-owned trucks on snow-covered and icy roads. This minimizes the chances of accidents and the corresponding liability to your company.

• A piece of equipment and an operator dedicated to one or two lots make it more manageable to keep the lot cleared during a snow fall. Managing several accounts throughout a route increases the chances for snow accumulation and slip and falls.

Head-to-head, construction equipment provides lower total overall fuel costs.

Pickup trucks feature engines with greater horsepower. Why perform a job on a platform that runs at 300 to 400 horsepower when equipment that operates at 74 to 200 horsepower will work just as well? The most common machines in snow removal applications range from 74 to 110 horsepower.

Also, consider the fuel burned when driving from the shop to the lot, from lot to lot, and back to the shop. Head-to-head, construction equipment provides lower total overall fuel costs.

4

5 Liability

Wear and tear

In addition to fuel savings, there’s also less wear and tear caused by a lower-horsepower engine and its components than that of a higher-horsepower pickup truck.

This helps improve uptime and long-term reliability.

6 Visibility

Along the same lines, construction equipment generally provides greater visibility to all sides of the machine than pickup trucks, and better visibility down to the attachment that’s performing the work.

Wheel loaders and compact wheel loaders are taller than most trucks and provide a better vantage point to people, cars and other surrounding objects.

The maneuverability of skid steers and compact track loaders minimizes the need to operate in reverse.

7 Attachment flexibility

Thanks to auxiliary hydraulics, quick couplers and (generally) universal mounting designs, construction equipment provides greater flexibility for switching between and using different types of attachments, from pushes to snow blowers and sweepers.

8 Dealer support

Through telematics and planned maintenance programs, construction equipment dealers can maintain consistent visibility to the performance and health of the equipment and proactively address maintenance needs before they turn into larger issues.

Each application and company is different, but these eight points can lead to reduced operating costs and greater customer satisfaction.

Andrew Dargatz is the product marketing manager for CASE Construction Equipment, which sells and supports a full line of construction equipment.

More information is available at www.CaseCE.com.

S6

SNOW PRO | JULY/AUGUST 2019

SNOW0819_04-07_EquipAdv_rw.indd 6

7/30/19 9:27 AM

Co w

WIDE TOUC MON

A HARD DAY’S WORK DOESN’T HAVE TO FEEL LIKE IT. 0% for

36 MONTHS

on NEW models Contact your local dealer www.hceamericas.com

WIDE TOUCHSCREEN MONITOR

AUDIO/ CLIMATE

Unpredictable storms require alert and productive operators that can go hours without a break. With climate controlled cabs, shock absorbing air-ride seats, and ergonomically designed controls, our wheel loaders keep your crew running as strong as the day is long.

CENTRALIZED CONTROLS HEATED AIR-RIDE SEAT

TOMORROWSEDGETODAY.COM

SNOW0819_04-07_EquipAdv_rw.indd 7

7/30/19 9:27 AM

By Bryan David

PUT YOUR OFFSEASON T Snow removal is the no-brainer winter business…provided you follow some basic advice.

M

any in the business world have heard the ageold cautionary phrase, “don’t put all your eggs in one basket.” This call for diversification is especially valid for the construction and landscaping industries which are, by their very nature, seasonal.

They are especially vulnerable to wild swings in demand, the loss of key customers, weather related downtime, and below market bids from low quality or desperate competitors.

One successful strategy for diversification is to consider a company’s existing capabilities and resources and how they might be utilized in the offsea-

S8

son. Snow management is often one of the first areas of opportunity considered because it is needed most while construction and landscaping is relatively idle. The chance for steady, year-round work, increased profit potential and a list of other benefits make snowplowing a lucrative opportunity and possibly the difference between thriving or just surviving.

Big benefits If there is snow in your area, you can bet that you have an offseason that runs from at least December through March, and possibly longer. A particularly wet spring can extend it several weeks longer. Regardless, that is at least a third of the year where equipment and employees are idle, a sizeable chuck of time to be sitting without work.

When you consider what you need to start a snow removal business, many of the pieces are already in place. Existing wheel loaders, tractors, excavators, back-

SNOW PRO | JULY/AUGUST 2019

SNOW0819_08-15_Arctic_rw.indd 8

7/30/19 1:03 PM

A far better design employs the use of flexible polyurethane blocks that add torque to the cutting edge, cleaning up ice and hardpack as easily as the soft stuff.

N TO WORK

e

e

a ,

-

hoes, skid steers and track machines may all be fitted with snow pushers and plows. You already have trained and reliable operators, which are difficult to come by these days. And finally, you may have an established commercial customer base that you can easily turn into snow removal clients.

Chad Oberson, the founder of Oberson’s Nursery, based in Fairfield, Ohio is a shining example of a landscaping contractor who diversified successfully into snow removal. In little time he recognized that snow contracting services were the real money maker and accounted for over 70 percent of his profits. He identified himself as a small business at the time.

With the right equipment and with a motivated workforce, he soon expanded his snow business into Indiana and Kentucky and now owns the

largest fleet of John Deere 244L wheel loaders in the world, all dedicated to snow.

Loan payments and equipment depreciation take place regardless of whether equipment is utilized or not, which is even more reason you want to use it all year round. If you are currently renting or leasing equipment because of your seasonality, you will find that your enhanced utilization gives you the ability to negotiate better purchase or financing terms.

In addition to improving equipment utilization in the off season, consider employee retention following seasonal layoffs. Many companies permanently lose good workers, as some may seek out new, year-round jobs and not return when construction kicks back into high gear. In addition, many laid-off employees do not look for temporary jobs but instead collect unemployment. This elevates the company’s unemployment insurance costs, adding major expenses without steady work to offset that cost. By offering the opportunity for year-round employment, a business minimizes the risk of losing quality employees and eliminates the costs associated with hiring and training replacements.

Having year-round services offers the additional opportunity to maximize revenues from existing customers, by becoming more of a “one-stop shop” – a place to go for multiple needs. The new, planned supermarket in town needs to have its parking lot poured, but also have that lot plowed every year thereafter. A diversified construction company can demonstrate the convenience of working with a full-service company by touting the fact it can both pour the concrete and later snowplow the lot. The same is true for landscaping. The client is reassured that you will not only do a nice job on his snow removal but be careful to protect the landscaping you installed over the summer.

Finally, it is a business opportunity that can never go away. When snow falls, it needs to be cleared. It’s not up for discussion, argument or interpretation. Snow

Sectional pushers are designed to trip over obstacles and contour to uneven pavement, cleaning more snow and requiring less salt.

SNOW PRO | JULY/AUGUST 2019

SNOW0819_08-15_Arctic_rw.indd 9

S9

7/30/19 1:03 PM

e

simply must be cleared to keep roads and businesses open, and prevent dangerous, slippery conditions.

Efficient equipment Successfully entering the snow removal business requires securing the right equipment. These initial costs can seem intimidating to contractors with limited capital, but when the right decisions are made, the actual returns make this a no-brainer. It’s like anything else you need the right tool for the job.

One of the biggest upfront costs for a snowplowing operation is the equipment needed to push the snow. This includes both the actual snow pushers and the machines driving the operation. However, a contractor’s existing machines such as loaders and skid steers can all be repurposed for snow removal, rather than being left idle for the winter season, leaving the pusher as the key piece of equipment to consider.

To draw the distinction between pushers and plows, a plow is an angled A universal slip hitch blade that guides snow to mount allows an either side of the driver. A operator true drop-andpusher is a containment or go capability. This model fits all manufacturers’ box plow with side wings quick couplers and can that contains a great quanbe attached/detached tity of snow which it moves from inside the cab. from one end of a parking lot to the other, where it is piled up out of the way. The pusher is the work horse of any commercial snow operation and should be its primary tool.

To select the proper snow pusher, a contractor must first analyze the existing fleet and select the size pusher that will match well to that machine. Each model of pusher is meant for a particular size of equipment – meaning one designed for a large loader would not work on a small skid steer. Local dealers provide assistance to contractors looking to purchase the right

S10

pusher for his or her equipment. Snow pushers come OEM polyurethane mounting blocks allow in a variety of sizes, with the for up-and-down smallest measuring 8 feet to movements, variable larger units extending well downward pressure to the cutting edge and over 20 feet. Contractors impact protection. can minimize equipment costs by analyzing their existing fleet and then fitting with the appropriatesized pushers. For example, a small skid steer could be outfitted with an 8-foot snow pusher and be ready for use. Those with larger equipment in their fleet would want to look at snow pushers in the 16 to 20 ft range.

No matter how big or small the snow pusher, it is important to purchase one with the greatest potential for return on investment. A high-quality snow pusher will typically pay for itself in the first 30 inches of snowfall – a relatively quick return, considering many areas of the country average this amount in the first few months of the winter season.

When it comes to choosing a high-quality pusher, remember: All snow pushers are not created equal.

Many are designed to increase efficiency, cut back on salt usage and reduce potential property damage, and some have unique design features that vastly improve its safety profile.

A pusher featuring a sectional moldboard design moves more snow with each pass, and greatly cuts down on plowing and follow up re-plowing time. Each section moves up and down independently, enabling the plow to essentially contour to uneven surfaces and remove snow from dips and depressions in pavement.

Because they are can remove more snow and ice with one pass, less salt is required. It is also important to look at the unit’s cutting edge. Rubber and steel trip edges are most common options, with steel cutting edges typically being the best. Steel edges scrape snow and ice down to the pavement and offer cleaner

SNOW PRO | JULY/AUGUST 2019

SNOW0819_08-15_Arctic_rw.indd 10

7/30/19 1:03 PM

S a

Y l t a b e

L C

See your whole fleet, any time, any weather.

Your plow truck business has a lot to balance—safety, liability and productivity. With Verizon Connect, you can track the location of any vehicle, and review historical date and time stamp information. Plus, you can track driver behaviors like speeding and braking and plan more efficient routes for drivers.

Learn more at verizonconnect.com Call 866.844.2235 for a free demo.

Š 2019 Verizon. All rights reserved.

SNOW0819_08-15_Arctic_rw.indd 11

7/30/19 1:03 PM

removal with a single pass, further reducing salt needs.

Additionally, it is worth considering a pusher with mechanical side panels. Unlike rigid, fixed side panels, mechanical panels are designed to rotate up and over obstructions like curbs and medians. While this saves greatly on potential damage to the plow, the real benefit comes in preventing expensive damage to the client’s property. Snowplow companies can spend tens of thousands of dollars each year repairing expensive curbing and other such features commonly found in parking lots and on streets.

Some sectional or sectional-like designs use springs as the basis of their up and down movement.

The problem with springs is that they are designed to release when encountering a mound of hardpacked snow or ice and so do not perform well in those instances. Also, while they may be able to lift over bumps, they cannot dip into depressions in the pavement. The other negative to springs is that if there is a serious unforeseen impact, springs can deform and the moldboards become damaged, the same as would result in a conventional one-piece design.

A far better design employs the use of flexible polyurethane blocks that add torque to the cutting edge, cleaning up ice and hardpack as easily as the soft stuff. The blocks flex up and down so the sectioned edges can both avoid obstacles and reach into depressions. They also act as bumpers to protect the equipment and the operator. If the impact is serious enough, the blocks are designed to break before any steel is deformed or the operator hits the windshield, and they can be replaced for under $100.

Finally, the more modern and advanced pushers may also feature newer hitch designs, providing ease of operation and enhanced results. A snow pusher is picked up and set down hundreds of times during a snow event. Typical hitch designs force the operator to manually adjust the plow each time it’s dropped, making for a very challenging, time-consuming and often frustrating process, especially for inexperienced operators. Newer “drop-and-go” hitch designs do this automatically, saving precious time and ensuring a properly placed pusher every time. This is an extremely important but overlooked point until one has actual experience behind a snow pusher. Your operators may be good at what they do, but snow pushers are extremely heavy and take some getting used to. For example, when Arctic Snow and Ice Control introduced the patented Slip-Hitch universal mounting system, operators

S12

who had never plowed a day in their life, were very soon able to plow like experts that had several years under their belts.

While the pusher is indeed the most significant tool for your business, you need to consider your secondary equipment. Items such as sand and salt spreaders, liquid anti-icing applicators, or snow brooms may be required, depending on the extent of services offered by each individual company. The same principles apply – take the time to research features and benefits. An informed equipment selection is well worth the effort and will pay back dividends.

With the decision to diversify made and the equipment purchased, only one big question remains: How to price this new service.

Pricing potential Understandably, this is the most critical element in successfully entering the snow removal arena. Without a proper pricing strategy, even with steady work, a company won’t be successful.

It’s worth noting upfront that with any pricing strategy, the determining factor in profitability is the weather, which unfortunately, can’t be predicted.

Contractors may have an idea of how much snow could fall that winter, but it’s impossible to know the actual amount. So, a certain level of risk versus reward will be factored into any pricing strategy.

There are three basic pricing options and it’s up to each individual contractor to decide what’s best for his or her operation.

• HOURLY - The tactic for this pricing strategy is the most straightforward and easily understood. The snow contractor charges customers an hourly rate based on the time and materials necessary to get the job done. There is less risk to the contractor, the company gets paid for the work completed, no more no less. There is also less profit potential since no real value is placed on contractor efficiency.

The contractor may end up paying more to hourly workers who are, consciously or sub-consciously,

SNOW PRO | JULY/AUGUST 2019

SNOW0819_08-15_Arctic_rw.indd 12

7/30/19 1:03 PM

dragging out the process in the attempt to take more time and charge the client more. This can inhibit profits by limiting the number of contracts the company can take while it also may harm its reputation by appearing slow or unethical.

• PER PUSH - In this example, customers agree to be charged by the event with the establishment of a trigger depth. The trigger depth is the decidedupon amount of snow that must be on the pavement before the contractor comes out to plow. The advantage of per-push pricing is the guarantee of payment for the work done on each visit. If it is a heavy snow season, the money made will be significant. This approach also rewards efficiency because per push cost is based on an expected hourly calculation. If the crew finishes the job faster, the whole company wins. The drawback is the risk assumed by the contractor. If it is a light snow season, the plows will not go out as often, eliminating the opportunity for work and dollars earned.

• SEASONAL CONTRACT - A seasonal contract is based on one flat rate to provide snowplowing services for an entire winter season. The advantage of this contract is the guarantee of a set payment throughout the winter, regardless of snowfall. If there’s only one blizzard the entire season, the contractor is still paid the full amount for that season. However, in a heavy snow year, more work than originally anticipated will be required on the part of the contractor. As mentioned previously, the amount of snowfall or trigger depth will be the deciding factor on when to dispatch the plows. It is important to note there are two subcategories with regards to the seasonal contract option: with or without a cap. The scenario detailed above would be a seasonal contract without a cap. In this case, whether it snows 10 inches or 100 inches, the amount paid by the client is fixed. However, with a cap in place (for example, a 40-inch cap) the amount paid would abide by the contract price up to 40 inches. Anything after 40 inches would be billed at an agreed-upon per push or hourly rate.

Having year-round services offers the additional opportunity to maximize revenues from existing customers, by becoming more of a “one-stop shop”— a place to go for multiple needs.

When supplying a service, it is advantageous to be flexible when it comes to pricing. Different parts of the country have a different history regarding pricing. Also, each client may have his own preferences. The contractor may have to consider a blend of all three in order to successfully bid his area, and to satisfy all parties.

The decision of a seasonal business to diversify is either a choice or a necessity, depending on your outlook. For a construction or landscaping firm, most expert seem to agree that it is an easy transition to snow. With the right tools and willing employees, it is a fairly straightforward path to a business model that works and, in many cases, with great results.

Ultimately, the decision to diversify a business by adding snow removal services is up to each individual contractor. However, armed with a full understanding of the benefits and risks involved, contractors can take the leap into the snowplowing arena, and ensure their business will not be left out in the cold this winter season.

REAL RISK CALLS FOR A REAL SOLUTION LAWSUITS | LOST CREDIBILITY | LOST REVENUE MANAGE YOUR RISK WITH:

DOWNLOAD THE APP FOR FREE FIEL DVISION APP.C OM / PR OS

SNOW PRO | JULY/AUGUST 2019

SNOW0819_08-15_Arctic_rw.indd 13

S13

7/30/19 1:03 PM

SNOW0819_08-15_Arctic_rw.indd 14

7/30/19 1:03 PM

SNOWED IN? TAKE ONE OUT.

SEASON AFTER SEASON, FORD SUPER DUTY IS THE HEAVY-DUTY PICKUP YOU’LL WANT ON YOUR CREW. ®

It stands up to salt with a corrosion-resistant body composed of high-strength, military-grade, aluminum alloy. For upfit convenience, it offers six available factory-installed electrical switches for aftermarket accessories. And the class-exclusive* available live-drive power takeoff (PTO) provision with mobile mode* lets you power either a plow or a spreader, while either parked or driving. In all, it’s no wonder why the 2019 Ford Super Duty F-550 is the winner of Work Truck Magazine’s Commercial Truck of the Year award.

*Requires aftermarket power takeoff (PTO) accessory. Class is Full-Size Pickups over 8,500 lbs. GVWR based on Ford segmentation.

SNOW0819_08-15_Arctic_rw.indd 15

7/30/19 1:03 PM

By Ryan Whisner

Best practices that will KEEP

SNOW CONTRACTORS IN BUSINESS C

S16

For example, if the indemnification clause reads something to the effect of that the snow and ice management company will be responsible for any and all accidents, incidents and injuries on the property as relates to snow and ice, it is not very helpful if the scope of work with a clause like that and the contract reads that the company will not commence plowing until there is two inches on the ground and the property owner will tell you when to salt. In that scenario the contractor is liable if there is one inch on the ground and they are not supposed to do their job.

“If you are not looking and reading at the indemnification clause in your contract before signing it, you could virtually put yourself out of business,” Gilbride says.

Photo Credit: Pexel

ommercial insurance is one of the largest expenses any snow removal business faces. Any way that you can find to save on this expense contributes to the long-term success of your business.

Accredited Snow Contractors Association Executive Director Kevin Gilbride recently shared information on some on the laws and best practices to ensure good insurance coverage and avoidance of lawsuits during a webinar sponsored by LMN Software.

“It’s known the snow and ice management industry doesn’t do a whole lot to represent itself well to the outside world,” the ASCA executive director said, referring to insurance companies, legislative bodies, property owners or managers or customers. “In the past, there was no one real way to identify a quality snow and ice management company from somebody that had a 1970 pickup truck and a plow.”

In 2012, ASCA was founded on the four pillars of trying to fix the problem. Those pillars were: written industry standards; education; verification; and positive legislative change.

“We don’t say it’s insurance because it’s really risk management,” Gilbride said. “It is really the way that you handle yourself as a business. It’s the practices that you employ.”

Gilbride admits that when looking at it from the risk management perspective, the question arose as to whether the property managers really care about the quality of work being done.

“There’s not a lot of differentiating between snow and ice management companies but who’s fault is that,” the director said.

The issue is addressed in a variety of ways by ASCA, but it starts with the snow and ice management companies contracts, specifically the indemnification and hold harmless clauses.

The indemnification clause is the clause that determines who is going to hold liability and the hold harmless clause determines who is going to defend the contractor.

SNOW PRO | JULY/AUGUST 2019

SNOW0819_16-21_ASCA_rw.indd 16

7/30/19 10:10 AM

A related issue is the hold harmless agreements which determine that because a snow and ice management company is holding the property owner harmless, the company’s insurance company has to hire an attorney to defend its client in a lawsuit or claim and another attorney to defend the property manager.

Insurance companies got out of the snow business because it was not profitable for them. From an insurance perspective, there are 30,000 plus slip and fall claims annually in the United States and Canada that are filed against snow and ice management companies and property owners and management companies.

Gilbride said 35 percent of those are outright dismissed and of the remaining 65 percent, 72 percent are are lost or settled for $20,000 or less.

“This is really where you have to look at it from a risk management standpoint … of the claims that are lost or settled most of the time, more than 50% of the time, the reason that they’re lost or settled is due to lack of documentation,” he said. “It’s why the insurance companies, lawyers recommend settling because you can’t prove what you did on ABC property at 2 a.m. on whatever date.”

In order to improve, Gilbride said the industry had do what it meant to do and get better.

The first step was ASCA’s development of industry standards working with the American National Standards Institute (ANSI). There are thousands of standards for different industries registered and accredited by ANSI. Gilbride said ASCA turned to ANSI because that is where plaintiff’s and defense attorneys turn when a claim is filed, such as a slip or fall. If they go to ANSI they can see if there is a standard for the industry and determine whether the company was following that standard.

“And if have you followed that standard, you’re going to have a much better argument in depositions than in a courtroom when you’re trying to defend yourself in a claim,” Gilbride said. “So the standards were developed by directors of operations and owners of what I would consider the top snow and ice management companies.”

He said perhaps a better way to define the industry The Snow Removal standards is “best practices.”

Limited Liability or “They’re the best practices Liability Limitations for snow and ice management Act is ASCA’s model legislation that is in companies across the country,” the process of being Gilbride said, noting that it is a developed in multiple living, breathing document that states. ASCA Executive Director will change over time. “Having Kevin Gilbride says that ANSI name behind it makes the bill would make it credible and it gives you conthe hold harmless and indemnification tractors, practices, processes agreements in snow and procedures to follow to have and ice management a more risk averse business.” contracts null and void when the The standards include property owner education components for or property education and training, premanagement company passes season site inspection reports, their liability onto in-event documentation, postthe snow and event standards and general ice management company. operating procedures.

SNOW PRO | JULY/AUGUST 2019

SNOW0819_16-21_ASCA_rw.indd 17

S17

7/30/19 10:10 AM

“It means you can do the job that you’ve been “What we did in the standards in many cases is we contracted to do, that you have processes for training, didn’t tell you specifically what to do because every that you have processes for going out for dispatching,” company is different,” Gilbride said. “We didn’t tell you he said. “Now that they’re written down and your comhow to do it, we just said you had to do these things.”

Among the key components is documentation of pany knows it, a company comes in and actually does training and snow removal events. He pointed out that an audit … they look at your processes and procedures there are software companies, such as LMN, that have and they make sure that you have these things to get products to assist snow and ice management compathe job done. “ Subsequently, the SN 9001 certification ensures nies collect such data. that the industry standards have been implemented.

“It helps you gather the information that you need in your company to protect yourself in the event that “It means they’re going to want to take a peek at a lawsuit does come about couple years down the your training documentation,” the director said. “It’s an line,” he said. independent third party that puts a ASCA members stamp of approval receive a copy of on your company the standards at no that you have all charge upon joining. these things in place “The first stage in order to run a of risk management better company.” is having the proper processes and proTo date there are dozens of cedures in place ANSI-certified to run a successful auditors around the and efficient and country. Gilbride risk averse company Photo Credit: Unsplash noted that in the and to document end it is a verification what you’ve done so The first stage of risk management is having the system that insurthat you know what proper processes and procedures in place to run a went on when you get ance carriers and called to a deposition customers can look successful, efficient and risk averse company. years down the line,” at and recognize difKevin Gilbride, ASCA Gilbride said. ferences.

In dealing with the insurance world, the next step “When we looked at this and we looked at everywas education to develop an educational component thing that we were doing today, ASCA kept these three and certification process to prove to the insurance carquest questions in mind about what the plaintiff’s attorriers that the snow and ice management companies ney is going to say when he gets a lawsuit: Can I win it? were reading the standards. ASCA has a series of online Can I win it quickly? And how much can I get?” he said. courses to help contractors become ASCA certified.

“When you start looking at the stuff that we’re putting “All of those things that are going to help you as in place with the ISO/ASCA certifications they’re not a company owner run a more efficient and risk averse going to be able to answer positively to all those quesbusiness,” Gilbride said. tions and they’re going to start filing less claims, which ASCA worked extensively with the International is going to be a good thing for this industry.”

Organization for Standards Organization (ISO) and Mills Since ASCA has implemented its certification proInsurance Group to develop the ASCA-C educational cess, the number of lawsuits dismissed went from 35 program and ISO9001/SN9001 certification. To date, percent to 70 percent. In addition, the average payouts these are the only snow and ice management certificawere reduced from $15,000 to around $4,000. tions recognized by the insurance industry.

“It’s why the insurance companies are looking at us Gilbride said ISO 9001 ensures that a company and looking to insure people that have these certificahas the processes and procedures in place to tions that are following the standards,” Gilbride said. ensure service quality.

S18

SNOW PRO | JULY/AUGUST 2019

SNOW0819_16-21_ASCA_rw.indd 18

7/30/19 10:10 AM

The ultimate mini snow machine.

The factory-installed, heated 2R Cab. The 360 view inside out. The flashing work lights to keep safe. The comfort of the command chair. This heated cab knows no peer in this size and power of tractor (25 HP* 18.6kW). Add an optional snow blower, or a snow plow blade or a spreader for salt to keep streets or paths clear of snow and ice. Come build your own ultimate mini snow machine at John Deere.ca/2Series Nothing Runs like a Deere™ | Run With Us

* The engine horsepower and torque information for non-Deere engines are provided by the engine manufacturer to be used for comparison purposes only. Actual operating horsepower and torque will be less. Refer to the engine manufacturer’s web site for additional information.

Shown with optional features. John Deere, the leaping deer symbol and John Deere’s green and yellow trade dress are the trademarks of Deere and Company.

SNOW0819_16-21_ASCA_rw.indd 19

JohnDeere.ca/2Series

7/30/19 10:10 AM

R

The proposed leg“We’re going from a two to one loss to a islation would amend profitable insurance the Federal Rules of program, which is wonCivil Procedure and require judges to derful for the industry impose mandatory and wonderful for the sanctions on attorneys, insurance companies.” law firms, or parties “Talking about who file frivolous lawthe first three pillars here, the industry stansuit. It would replace existing legislation dards, education and which allows judges’ verification, those are discretion to impose about the snow and ice sanctions. management industry “We’re working doing a better job of up there to try and get representing itself to that bill moved along,” the outside world and Gilbride said, noting giving you a better that the intention is position with the insurto bring it back to the ance companies. It mandatory sanctions. gives you a more marThere are active efforts in Massachusetts, New York, New Recognizing that ketable and selling posiJersey, Michigan, Wisconsin and Pennsylvania to get the change can happen at tion with the property Snow Removal Limited Liability or Liability Limitations Act all levels, ASCA also has owners and property approved. The bill is ASCA’s model legislation to address snow management contracts with indeminification clauses. turned its attention to management compathe state legislatures. nies,” Gilbride said.

The Snow Removal Limited Liability or Liability The fourth pillar relates to legislative change.

Limitations Act is ASCA’s model legislation that is in the Since forming in 2012, ASCA legislative initiatives process of being developed in multiple states. Gilbride have been active at both the state and national level. says the bill would make the hold harmless and indemBeing the voice of the snow and ice management industry is based on the standards. nification agreements in snow and ice management “You can get things done, especially at the state contracts null and void when the property owner or level, all you have to do is use your voice,” Gilbride property management company passes their liability said. Prior to development of the industry standards onto the snow and ice management company.

by ASCA, the federal and state governments were not Illinois enacted ASCA’s model legislation in 2016, aware of the issues within the industry. a version of it was approved in Colorado in 2018 and On the federal level, the effort is a drive to support Connecticut signed it into law in July 2019. passage of the Lawsuit Abuse Reduction Act, which There are active efforts in Massachusetts, passed the U.S. House of Representatives in 2015.

New York, New Jersey, Michigan, Wisconsin and “Any of you that did snow and ice management Pennsylvania where the law is being reintroduced or in the 1980s don’t remember slip and fall lawsuits introduced. because they didn’t happen,” Gilbride said. “Back in “None of this is possible without all the other work 1993, Congress changed the Federal Rules of Civil that we have done on the industry standards,” Gilbride Procedure.” said, noting that the education, the ISO certification The director said that at the time, essentially and verification is all based on that. only one word was changed in the law. Mandatory He encourages contractors to become certified to sanctions were changed to discretionary sanctions, improve their processes and procedures in their busiopening the floodgates for frivolous lawsuits. nesses and become more risk averse.

Since forming, ASCA has been to Washington D.C. many times on behalf of the lawsuit abuse reduction act.

S20

SNOW PRO | JULY/AUGUST 2019

SNOW0819_16-21_ASCA_rw.indd 20

7/30/19 10:10 AM

O

A

R O O

*Pl **M

REDEFINE THE ABILITY

OF YOUR 1/2 TON* TRUCK REDESIGNED VMD & MD

Agile for Driveways.

Fortified for Commercial Use. RAPIDLINK ATTACHMENT SYSTEM: ON or OFF in ONE MINUTE or LESS TM

GRADE 50 BOXED LIFT FRAME for STRENGTH

*Plow compatibility dependent on truck make, model, and package. **MDII pictured with optional SNOWDOGG® IlluminatorTM LED lights.

304 SS BLADE for ULTIMATE LONGEVITY

FLOATING A-FRAME to CONTOUR the ROAD

NOTHING WORKS LIKE A DOGG™

BUYERSPRODUCTS.COM

SNOW0819_16-21_ASCA_rw.indd 21

.

7/30/19 10:10 AM

™

PRODUCTS

SNOW & ICE REMOVAL SnowEx HELIXX poly hopper spreader SnowEx HELIXX poly and stainless steel hoppers feature an advanced material delivery system. Combined with a multi-dimensional tub design, the hoppers offer the triple threat capability to spread, pre-wet or spray with one machine. The hoppers are supported by a corrosionresistant stainless steel frame that features a unique leg and sill design to form a ridged backbone structure for greater durability.

• Designed for use with full-size pickups, flatbed trucks or dump-bed trucks, the HELIXX poly hopper lineup includes four different models, ranging in capacity from 1.5 to 5.0 cubic yards.

• Corkscrew or “helix” design of patent-pending HELIXX material delivery system is optimized for efficient and cost-effective use of salt.

• Three spinner height adjustments (standard on the two largest models) allow the spreaders to achieve a consistent spinner height of 18 to 22 inches off the ground, regardless of vehicle type.

• Additional standard features include dump switches, a flip-up and removable chute, tarp cover, top screen, vibrator and work light. Available options and accessories include an inverted “V” for materials susceptible to compacting, strobe lights, secondary work light, ratchet straps, chain kit, pre-wet tanks and spray boom. www.greenindustrypros.com/21075836

Buyers Products SnowDogg MDII and VMDII snowplows Buyers Products has announced a new generation of SnowDogg snowplows designed for half-ton trucks like the Ford F-150, Chevrolet Silverado 1500 and the RAM 1500. The new snowplows feature: • Full-power hydraulic blade angling and grade 50 steel frames.

• Floating A-frame, municipal-style chain lift and standard 304 stainless steel blades have been carried over from SnowDogg’s EXII, HDII and VXFII lines.

• RapidLink attachment system allows plow operators to quickly attach and detach the plow from the driver’s side of the truck.

• Hydraulically operated Jack Switch changes the plow’s mounting height on the fly to ease plow-to-vehicle alignment.

For more information, visit www.buyersproducts.com. www.greenindustrypros.com/21075848

BOSS Snowplow redesigns latest acquisition, Snowrator BOSS Products has re-engineered the Snowrator to maximize performance and reliability of the machine. The Snowrator deploys to plow and de-ice sidewalks and walkways, allowing the operator to brine, spread and plow at the same time to maximize on-the-job productivity and profitability. Updates include: • 4’ hydraulic snowplow with 20” polyethylene skin • Improved electrical and plow attachment systems that are more weather-resistant.

• Accepts all BOSS ATV plow accessories and common parts.

• Available accessories for the Snowrator include a 20-gallon auxiliary tank, plow wing extensions, material carrying trays, broadcast spreader, plow box wings, shovel mounting brackets, EXACT PATH drop spreader, urethane cutting edge and 5-gallon bucket mounts.

Additional information on the Snowrator can be found at www.bossplow.com/en/products/snowrator/snowrator. www.greenindustrypros.com/21078417

S22

SNOW PRO | JULY/AUGUST 2019

SNOW0819_22-28_Products_rw.indd 22

7/30/19 10:19 AM

From dusting to blizzard, from sidewalks to parking lots, Wacker Neuson skid steers, wheel loaders and telehandlers easily manage what Mother Nature delivers.

Standard universal attachment plates on all machines make changing a variety of snow removal attachments fast and hassle-free.

So, when the snow starts blowing, you have all it takes to clear the way.

To find a dealer near you, visit www.wackerneuson.com

SNOW0819_22-28_Products_rw.indd 23

7/30/19 10:19 AM

PRODUCTS

SNOW & ICE REMOVAL J.W. Speaker 274 Flash Heated LED Light The J.W. Speaker Model 274 has five different versions to add SmartHeat technology to every side of a vehicle.

Each 274 signal light is DOT-compliant for legal onroad use, and can be installed on a vehicle vertically or horizontally. These LED signal lights are designed and tested to meet IP69K, protecting against water, dust, and high pressure washing. Features include:

• Retrofits standard 6-inch oval lights • First of its kind heated front position and front turn light • 12-24V heated signal lights • Easy LED trailer light upgrade www.greenindustrypros.com/21075772

Winter Equipment’s latest PlowGuard MAXX

The HLA SnowWing is built for those who like to lead the assault against snow. Designed to fly in different formations the SnowWing is adaptable to any snow clearing task replacing a variety of other snow blades with a single tool.

It features patented Rotary Actuators, Tire Protection System, and an exclusive removeable wing tip for clearance under low overhangs such as trailer pins.

Contact your local dealer for more information.

(519) 291-4162 www.hlasnow.com Contract # 080818-HOR

S24

Winter Equipment introduces its latest innovation, PlowGuard MAXX, a solid cast plow guard that increases the life of the municipal plow blade, while promoting even wear from end to end. Manufactured of solidcast, proprietary, high-strength steel material with a carbide matrix weld fill, the hard base material and upgraded weld wire provide extended wear life. Features: • Available in three configurations, each in two sizes, 6-inch and 8-inch. The straight configuration can be bolted anywhere on the plow blade that has a high wear pattern.

• Offered in right and left configurations to protect the ends of the blade. Configurations can be mixed and matched to customize for adapting to the unique wear patterns or conditions that each blade might experience.

• Designed to protect Winter’s BlockBuster, Razor and Razor XL cutting edge systems.

• Upgraded fasteners that provide superior strength and eliminate shearing.

For more information on the Winter PlowGuard MAXX, visit: winterequipment.com/shop/guards/ plowguard-maxx www.greenindustrypros. com/21070963

SNOW PRO | JULY/AUGUST 2019

SNOW0819_22-28_Products_rw.indd 24

7/30/19 10:19 AM

For additional snow-handling products and equipment, visit the Product Guide at GreenIndustryPros.com

Throw snow up to 30 feet with Grasshopper snowthrowers PTO-driven DriftBuster snowthrowers deliver “no-clog” performance, even in deep or heavy, wet snows. A discharge spout controlled from the operator’s seat rotates a full 180 degrees to propel snow up to 30 feet away. DriftBuster snowthrowers are available for all Grasshopper zero-turn FrontMount power units.

• Available in 48- and 60-inch models.

• High-speed 12-inch-diameter augers.

• Heavy-duty replaceable scraper blades.

• Retains zero-turn maneuverability to eliminate 3-point turns and speed snow removal.

• Optional snow performance package combines an electric lift, electric spout rotation and joystick switch for effortless control, while Grasshopper’s exclusive QuikConverter implement system lets you remove the mowing deck and add a snowthrower in minutes without tools.

For more information about DriftBuster snowthrowers and Grasshopper’s full-line of snow removal implements, call (620) 345-8621 or visit grasshoppermower.com. www.greenindustrypros.com/21075904

Small business is no small task.

So Progressive offers commercial auto and business insurance that makes protecting yours no big deal.

Local Agent | ProgressiveCommercial.com

Progressive Casualty Ins. Co. & Affiliates. Business and Workers’ Compensation coverage provided and serviced by affiliated and third party insurers.

SNOW PRO | JULY/AUGUST 2019

SNOW0819_22-28_Products_rw.indd 25

S25

7/30/19 10:19 AM

PRODUCTS

SNOW & ICE REMOVAL FieldVision by DTSI Software FieldVision by DTSI is a completely customizable cloud-based mobile application that works for any type of field service firm such as landscaping or snow remova. FieldVision is a real time collaboration tool for both clients and crews: • Operates on both iPhone and Android phones.

• Organizes, time stamps and GPS tracks a field crews’ before and after photos and video to record the details of the services performed.

• The FieldVision Management Console is an additional tool that allows you to automate workflow, easily create reports and generate invoices directly from recorded work. www.greenindustrypros.com/21079357

Contree, has over 75 years of combined experience designing, fabricating, installing, sell parts and servicing spraying equipment.

ADVERTISERS INDEX Arctic Snow & Ice Control .............................28 Bobcat ................................................................... 5 BOSS Snowplow ................................................. 2 Buyers Products Co. ........................................ 21 ClearSpan Fabric Structures .......................... 27 Contree Sprayer & Equipment Company ............................................................26 DTSI Software .................................................... 13 Ford Motor Media....................................... 14-15 HLA Snow ...........................................................24 Hyundai Construction Equipment Americas Inc. ....................................................... 7 John Deere Worldwide................................... 19 May-Wes Manufacturing, Inc.........................26 Progressive Insurance .....................................25 Verizon Connect ...............................................11 Wacker Neuson Corporation ........................23

POLY CUTTING EDGE

Be ready for Winter Maintenance with our Stainless Steel Brine/De-icer Sprayers. Call Contree to design a

• Designed to protect smooth, hard surfaces such as cobblestone and some pavements that can be damaged by equipment. Not designed for con�nual use on rough surfaces.

• Non-s�ck UHMW poly surface reduces debris build up • Prevents scuffing concrete or cobblestone sidewalks • Less shock to equipment in uneven concrete condi�ons • Lightweight compared to metal cu�ng edges • Simple installa�on and maintenance-free opera�on

W9898 Jackson Rd. Beaver Dam, WI 53916 920-356-0121 • sales@contree.com www.contree.com

S26

maywes.com | 1-800-788-6483

h

w

SNOW PRO | JULY/AUGUST 2019

SNOW0819_22-28_Products_rw.indd 26

7/30/19 10:19 AM

LET'S BUILD YOUR IDEAL STRUCTURE

FOR NEARLY 40 YEARS CLEARSPAN has been helping companies maximize profits with superior building solutions

To find out how we can help with your structure needs visit or call www.clearspan.com 1.866.643.1010

SNOW0819_22-28_Products_rw.indd 27

Energy Efficient

Superior Warranties

Expert Project Managers

No Money Down Financing, Terms Up To 7 Yrs and As Low As 5.99% on buildings

7/30/19 10:19 AM

SNOW0819_22-28_Products_rw.indd 28

7/30/19 10:19 AM