Florida Roofing Magazine - December 2016

Florida

December 2016

ROOFING A Publication of the FRSA – Florida’s Association of Roofing Professionals

Tesla’s Solar Panel Roof Public Relations: Help Grow Your Business Never Sign an OSHA Witness Statement The Possible Ramifications of ASCE 7-16 A Driving Force: Distracted Driving

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TABLE OF CONTENTS

December 2016

Florida

ROOFING Now Available Online at www.floridaroof.com/florida-roofing-magazine/

FRSA – Florida Roofing Magazine Contacts:

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Tesla’s Solar Panel Roof

Building integrated photovoltaics (BIPV) promises to make solar roofing a part of construction instead of an afterthought.

8 | Understanding and Using Public Relations to Help Grow Your Business

For advertising inquiries, contact: Heidi Ellsworth at: heidi@floridaroof.com (800) 767-3772 ext. 127 All feedback including Letters to the Editor and reprint permission requests (please include your full name, city and state) contact: Lisa Pate, Editor, at: lisapate@floridaroof.com (800) 767-3772 ext. 157 Florida Roofing Magazine, PO Box 4850 Winter Park, FL 32793-4850 View media kit at: www.floridaroof.com/ florida-roofing-magazine/

10 | Never Sign an OSHA Witness Statement

When dealing with an OSHA interview, you have the right to counsel.

What you can expect during an OSHA interview.

25 | Membership Has Its Privileges

Working together with people who understand the roofing industry can help you overcome the business challenges you face.

On the iPad

26 | The Possible Ramifications of ASCE 7-16

Whether we agree or disagree, it appears that ACSE 7-16 is coming. How will it affect the roofing industry?

www.is.gd/iroofing

27 | A Driving Force: Distracted Driving

Increased vehicle accidents are causing the cost of auto insurance to go up. What can you do to minimize accidents in your business?

Any material submitted for publication in Florida Roofing becomes the property of the publication. Statements of fact and opinion are the responsibility of the author(s) alone and do not imply an opinion or endorsement on the part of the officers or the membership of FRSA. No part of this publication may be reproduced or transmitted in any form or by any means, without permission from the publisher.

Florida Roofing (VOL. 1, NO. 12), December 2016, (ISSN 24728705) is published monthly by FRSA, 7071 University Boulevard, Winter Park, FL 32792. Periodicals Postage paid at Orlando, FL. POSTMASTER: Please send address corrections (form 3579) to Florida Roofing, PO Box 4850, Winter Park, FL 32793-4850.

www.floridaroof.com | FLORIDA ROOFING

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PRESIDENT’S COLUMN George Ebersold

At ICC, the Few Decide for the Many On October 25, the International Code Council (ICC) 2018 final action hearings concluded, leaving only the online voting portion to be completed sometime in mid-November to finalize the code. It seems that the approval for the new ASCE 7-16 standard, for at least the International Building Code (IBC) and International Energy Building Code (IEBC) 2018, is a forgone conclusion. We’ll have to wait and see.

FRSA’s Executive Committee asked FRSA Legislative Counsel Cam Fentriss to go Kansas City in October and attend the ICC meetings on behalf of FRSA. Fentriss represented FRSA during the public comment period in opposition to the adoption of the new standard. Along with FRSA, strong public comment was provided by a number of manufacturers and the National Association of Home Builders (NAHB) in opposition to adopting ASCE 7-16. We were amazed at the lack of response to actual facts about the cost increases that will come with ASCE 7-16, and found that less than FIFTY voters decided what potentially three hundred million people in this country will be governed by in new and existing construction. Now that’s democracy!

Oh yes, I forgot the online voting. As you may know, during the April ICC International Residential Code (IRC) hearings, FRSA’s testimony was pivotal in shaping the vote to disapprove the IRC from moving to the new ASCE 7-16 standard. FRSA had asked a general contractor to work up the additional costs for a 20 square (40’ x 50’ house with 5:12 slope) residential shingle reroof and were told that it would take an additional $18,167 ABOVE the cost of the reroof to comply with the new ASCE 7-16 standard. This information was used to help inform IRC committee members of the possible increase in cost should ASCE 7-16 pass. The committee ultimately voted against the code change however, a floor action to revisit the vote through the online voting process passed giving the code change new life. We understand that when the online voting for a floor action took place less than 250 votes were cast of the potential tens of thousands of building inspectors eligible to vote. Fortunately, the online vote for approval failed. As a side note, only building inspectors are allowed to vote on the outcome of the ICC, not those who actually work with the code, like contractors, architects or engineers.

Looking forward, the new standard will not affect new construction in the same way as existing buildings, since engineers will need to design to the new pressures. However, because of section 706.3.2 of the Florida Existing Building Code, the reroofing industry may find it far more difficult or impossible to comply with. A review of the impact of ASCE 7-16 on commercial reroofing in Florida reveals that common existing roof decks including steel decks, gypsum decks, and

lightweight insulating concrete decks are not likely to meet the requirements of section 706.3.2, triggering corrective actions compliant with current codes at costs likely to be more than the value of the structure. As we all know from past experience, requirements like this only fuel the fire of unlicensed and unpermitted work. Building owners who simply want to replace their roof to protect their investment will be faced with making the decision to either foot the bill or FRSA President George Ebersold, Tom Tanenbaum Roofing Inc, Orlando to minimize cost by using unlicensed contractors, or seek out ones who will not permit the job to avoid the burdensome requirements of the new standard.

Now for a small ray of sunshine, we think there is a better than average chance that Florida will detach itself from using the IBC as the base code for the state. If so, we will not only support that change with all we have, but we will also work very hard to make this a reality.

The idea is to have control over our code, a Floridaspecific code that we know works well and not have a non-regulated entity such as ICC tell us what is good for our very unique state. The Florida Building Commission, FBC staff and Technical Advisory Committee (TAC) members do a great job of regulating our code and they actually answer to someone. We have a great deal of participation from contractors, as well as the public, on the building code to ensure that we have a fair and unbiased way of improving a code that serves Florida’s needs, not a “catch-all” code for a very large country.

We will need your help to educate and to pressure your representatives on this issue and to support it once it is up for a vote in the Florida Legislature.

I hope you all had a happy Thanksgiving holiday and wish you a Merry Christmas and a safe New Year! Please keep in mind that without family and each other, we have nothing!

Best Regards,

George Ebersold – FRSA President george.ebersold@tanenbaumroofing.com

www.floridaroof.com | FLORIDA ROOFING

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FRSA LEGISLATIVE COUNSEL Cam Fentriss

Ready for the Storms: dcnonline.org As Florida’s storm season comes to an end, we are fortunate to have had only two hurricanes (presidential elections do not count as hurricanes). Thankfully, neither hurricane has created enormous destruction but both have provided good opportunities to prepare and shake off that hurricane amnesia.

What has changed since the last round of hurricanes some ten years ago? The imposition of stronger building codes has probably helped to reduce the amount of damage. We can hope that this in turn reduces the number of out-of-state storm chasers looking for a quick buck in Florida. But, before we count on that, we need to acknowledge the pretty big problem we have today with the “hail storm” companies that regularly select neighborhoods and troll for business – this is the “AOB issue” we are fighting (and it really includes so much more than AOB). These people are already here, they have their sales scripts fine-tuned, and they may do just as much damage as the out-of-state storm chasers from years past.

Wiping away a few more cobwebs, some of you will remember this: www.dcnonline.org or the Disaster Contractors Network. This excellent tool is a service of the State of Florida, and FRSA is proud to be one of the founding members. This

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FLORIDA ROOFING | December 2016

was first used in 2004, and today it is an improved and updated website designed to help consumers, contractors, and suppliers. The purpose is to provide a virtual bulletin board where consumers, contractors, and suppliers can post what they have or need. It works by allowing contractors and suppliers to register their availability of services or products for consumers in areas affected by a disaster.

During our ten-year break from hurricanes, one of the best improvements made on this excellent website is that it will not allow an unlicensed person to register, for example, as a roofing contractor. To register, you must list your license number which is verified against DBPR records before registration is successful. This is huge (or “yuge” as some would say).

If you are wondering how this all works for consumers and contractors in areas where power or Internet access has been knocked out, I can answer that. A crucial component of the Disaster Contractors Network is that it is on the radar of those at Florida’s Division of Emergency Management (and, in turn, FEMA) so that there will be communication back and forth with people in affected areas. For example, if a contractor is trying to enter a restricted area to provide services and the company is registered on dcnonline.org, it would make it very quick and easy for local emergency operations staff to verify and let the company trucks in. Also, groups such as the Red Cross or Volunteer Florida can share very valuable resource information for residents in need.

Before another hurricane hits, I am taking this opportunity to urge you all to register on dcnonline.org. There is no obligation, there is no cost, and your information will not be sold to anyone. There is also no need to wait until another hurricane is headed for Florida. If you are thinking “I am not sure this is such a great idea,” I strongly urge you to go look at the website (www.dcnonline.org), walk through the contractor registration process (you will see you can also include a notation that you are a member of FRSA), and especially look at the listings of contractors already registered. The best illustration of the value of this tool is to go to the property owners section and search for a contractor. Select “Duval County” and select “roofing contractor” and see what comes up. If you select one of the contractors listed, you will see that it provides contact information, including license type and number(s). This is very good (and very free) advertising.

It is also good for the state and for the consumer – a win all the way around.

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Understanding and Using Public Relations to Help Grow Your Business Karen L. Edwards, Casimir Group, LLC

Many of you have likely heard of the term public relations but what is it exactly? And how can you leverage it to grow your business?

Typically, public relations has been thought of as just a press release or information that goes out to the media; however it is shifting to include many relationship-building activities. Businesses need to understand the shift and be ready to embrace new ways of thinking in order to be successful. It’s also important that the relationships you build between your company and your publics (existing and potential customers) are mutually beneficial.

How is Public Relations Different Than Marketing?

Think of marketing as the whole pie. It’s a complete plan that includes all of the activities that you do to promote your business and generate leads. It can include paid advertising, direct mail, home show participation, sponsorships and public relations. Think of public relations as just a slice of the marketing pie.

One of the most appealing things about public relations is that there is typically very little cost involved. Let’s take a look at how public relations applies to your roofing business and how to leverage it for success in maintaining customers and adding new ones.

Relationships with Existing Customers

Your first public is one you already have a relationship with - your existing or previous customers. The relationship exists because you have either installed, repaired and/or maintained their roof.

As is true in any relationship, though, there has to be interaction, dialog and activity in order for it to be sustained.

Think what would happen to your relationship with a spouse or significant other if there was little interaction and poor communication. Chances are you would be single before too long!

So, what kind of interaction should you be having with existing customers? Remember that the relationship should be mutually beneficial. Your goal is to also get something in return. It’s no fun when all you do is give in a relationship and you don’t get anything back.

An easy way to get started with building a relationship is to implement a simple email newsletter to stay in touch with those existing customers. This is also going to overlap into the marketing pie and can support and enhance your marketing efforts.

Don’t get hung up on building your email list. If you have captured email addresses, you’re ahead of the game. If you have them but they are on paper, consider hiring an intern or 8

FLORIDA ROOFING | December 2016

a temp to enter the email addresses into a spreadsheet in order to be uploaded into your email program.

If you have not been collecting them, it’s time to start!

There are software programs for emailing such as Constant Contact, Mail Chimp or Emma that offer templates where the only thing you need to do is enter content. They offer a variety of pricing options, most commonly charging based on the number of contacts that you are emailing. Mail Chimp offers a free plan if your list has fewer than 2,000 subscribers. And it’s important to use one of these programs as they make sure that you are in compliance with anti-spam laws.

Wondering what to put in the email newsletter? You want to be sure that the content brings value to the customer and provides useful information. Content ideas include: profiling an employee, showcasing a unique project, offering tips on care and maintenance as the seasons change or sharing a favorite joke or cartoon (remember to keep it PG-rated).

The mutually beneficial part of the relationship comes in when you include a call to action in your newsletter. Consider offering a restaurant or gas gift card for every referral. Ask customers to submit a testimonial about the quality of your work and enter them into a drawing for a prize.

Be sure to highlight what additional services your company offers such as annual inspections and maintenance services, or siding and gutter work. I know of many situations where a customer called someone else to come in and perform work and when asked why they didn’t call their original contractor the answer so often is “I didn’t know they did that.” Consider offering a discount or coupon for repeat customers.

Relationships with New or Future Customers

Let’s take a look at the second public – new and future customers. Here is where your strategy should turn to the Internet to begin building relationships through the use of blogs and social media and also to target the media outlets (newspaper and television reporters in particular) in your service areas. What’s nice about these avenues of relationship building is that they not only reach new customers, they also cross over into the first public we talked about – your existing customers.

This is where your relationship-building efforts are again going to overlap with and support your marketing efforts.

Ultimately your goal is to generate leads and sharing content For instance, if you know that in February your company and building relationships online will help to support that will be participating in a home show, plan your social media posts around that with content relevant to customers that goal.

If you are a mostly residential contractor, you will reach might be attending the show. Share an article on how to seyour public more easily on Facebook. Be sure you have a lect a roofing contractor, post a link to information about the Facebook page for your business. Invite your friends to like importance of only working with a licensed contractor (FRSA the page and more importantly, share what your page posts has much of this information already available on its website on your own personal page. You’ll want to highlight the same that can be easily repurposed).

A calendar helps to ensure that you stay on track and folkinds of things on social media that you highlight in your low through with the activities that are a part of your public newsletter. Profile employees, highlight unique jobs, offer relations plan. Your public relations efforts should support tips, welcome new hires to the team. and reinforce your marketing campaigns and the messaging If you want to focus more on commercial roofing, then being shared by your sales team. It’s important to remember LinkedIn is your place online to build relationships. Your that this is an ongoing process, not a one and done deal. business needs to have a page but, more importantly, your It takes time to build strong relationships. Communications sales team should all have professional profiles and become should be carried out over a period of time in order to build, members of the groups on LinkedIn where your potential grow and maintain relationships that are mutually beneficial customers are hanging out, such as a group for building for your customer and your business. owners or facility managers.

In active groups, people will often ask questions looking Karen L. Edwards has been a marketing professional for more to their peers to provide advice. If a facility manager asks how he or she should decide whether to replace or repair a than 20 years and has focused the past 12 years on marketing roof, as a member of the group you can offer an answer with for the construction and roofing industry. She has worked at tips on how to make that decision. That’s a potential lead for Carlisle Syntec, HJE Marketing, EagleView Technologies and is your business that can be followed up on later. The more you currently freelance writing for RoofersCoffeeShop.com. Edwards interact and provide meaningful information, the more you is co-chair of FRSA’s Public Relations & Marketing Committee are establishing yourself as an expert in the area of roofing. and she most recently founded Casimir Group, LLC which foSo, when other members of that group need roofing services cuses on providing marketing consulting to the roofing industry. you will be at the top of their mind on who they should call. Contact her at karen@casimirgroupllc.com.

As for the newspaper and television outlets in the areas you serve, you want to be sure to reach out to them when you can offer information or tips that are useful for their readers or viewers. Most media outlets list their reporters’ email addresses on their website to make it easy to contact them with possible news stories. They are tasked with finding new stories every day and typically appreciate ideas and Phillip E. E. Lane, CLCS information being sent to them.

Phillip CLCS Phillip E. Lane, CLCS Phillip E.•Lane, Lane, CLCS Insurance Agent General & Umbrella Liability Insurance What could you send to a reporter? If there is a bigContract, storm Licensing & Fidelity Bonds Insurance Agent Insurance Agent Insurance Agent plane@jwedens.com headed your way, put together a checklist for home and Commercial Auto Insurance • Workers Compensation Insurance • Property & plane@jwedens.com plane@jwedens.com building owners to follow to make sure their roof will properInland Marine Insurance •plane@jwedens.com Professional (E&O) & Pollution Liability Insurance ly protect their property. Reach out to the reporter through Contract, Licensing Fidelity BondsBenefits • General & Umbrella Liability Insurance Employment Practices and &Employee Liability Insurance Commercial Auto Insurance •Fidelity Workers Compensation Insurance •& Property & email and offer to share the information. When you are seen Contract, Contract, Licensing & Bonds • General Umbrella Licensing & Fidelity Bonds • General & Umbrella Liability Insurance Contract, & Fidelity Bonds • (E&O) General&&Pollution Umbrella Liability Insurance Inland Licensing Marine Insurance • Professional Liability Insurance Liability Insurance • Commercial Auto Insurance Commercial Auto ••Bonds Workers Compensation InsuranceLiability Property as the expert providing advice and information it lends cred-Contract, Commercial Auto Insurance Workers Compensation Insurance ••Property && Licensing &Insurance Fidelity • General & Umbrella Insurance Employment Practices and Employee Benefits Liability Insurance Workers Compensation Insurance Property & Inland Inland Marine •• Professional (E&O) &• Pollution Pollution Liability Insurance Inland Marine Insurance Professional (E&O) & Liability Insurance Commercial AutoInsurance Insurance • Workers Compensation Insurance • Property & ibility to your business and can drive business to you.

Marine Insurance • Professional (E&O)Insurance & Pollution Employment Practices and Benefits Liability Liability Insurance Practices and Employee Employee Marine Insurance • Professional (E&O) & Pollution Liability Insurance One of the most important things to remember withInlandEmployment Liability Insurance • Employment Practices and Employee Employee Benefits Liability Insurance public #2 is that these are potential new customers who areEmployment Practices and Benefits Liability Insurance learning about your business. One of the first things they will Serving FRSA Members Over 2020 YearsYears Serving FRSA Members forforOver do is to visit your website. First impressions matter!! Be sure ServingFRSA FRSAMembers Members for for Over Over 20 your website is up-to-date, relevant and informative. It’s also Serving 20 Years Years important to have a contact form where they can let you 325 Fifth Avenue Suite 108 | Indialantic, FL 32903 725-7000 | www.jwedensinsurance.com | (800) 223-6295 know what their needs are.

Serving (321) FRSA Members for Over 20 Years

Phillip E. Lane, CLCS Insurance Agent plane@jwedens.com

325 Fifth Suite Indialantic, FL 32903 325Avenue Fifth“Your Avenue Suite108 108 |||Indialantic, Future is Our Future”FL 325 Fifth Avenue Suite 108 Indialantic, FL32903 32903 (321)725-7000 725-7000 www.jwedensinsurance.com ||(800) (321) 725-7000 | www.jwedensinsurance.com | 223-6295 (800) 223-6295 (321) ||www.jwedensinsurance.com (800) 223-6295 Strategic is an important word because all of the activities

Part of the Bigger Strategic Picture

that I talked about need to be part of the bigger marketing “Your Future is Our Future” 325 Fifth“Your AvenueFuture Suite 108 | Indialantic, is Our Future”FL 32903 pie. It’s really important to create a year-long marketing plan (321) 725-7000 | www.jwedensinsurance.com | (800) 223-6295 or at a minimum a marketing calendar in order to organize your communications and relationship-building activities.

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9

FRSA LEGAL COUNSEL Trent Cotney, PA

Never Sign an OSHA Witness Statement During any OSHA inspection, the Compliance Safety and Health Officer (“CSHO”) will more than likely take witness testimony from crew members that are on site. This CSHO will hand-write the interview answers and ask the employee to sign the witness statement. Most employers and employees do not understand their rights during an OSHA inspection and do not know that they are not required to sign witness statements. This article explores OSHA’s interviewing process, the use of witness statements by OSHA, and suggests alternatives to signing a witness statement.

Everyone Has the Right to Counsel

First and foremost, it should be noted that any member of management, including officers, directors, and owners have the right to have counsel present during any OSHA interview.

In addition, any supervisory employee is also considered part of management, and therefore has the ability to have counsel present during the interviews. When OSHA inspects a job site, supervisory employees such as crew leaders, foremen, superintendents, and/or project managers should assert their right to have counsel present before giving any testimony to OSHA. In other words, the supervisor should state their name, position and assert the right to counsel. This will give the individual an opportunity to discuss the alleged violations with management and counsel prior to being interviewed. It will also allow management and counsel to be present during the interviews. Generally, these interviews occur at counsel’s office or OSHA’s area office rather than the job site, thereby limiting exposure to additional potential violations.

With regard to crew member interviews, management and counsel for management generally cannot be present during non-supervisory employee interviews. However, if the employee requests that counsel be present for the interview, OSHA must allow counsel to be present.

What Will OSHA Ask?

During the interviews, OSHA will ask a variety of questions regarding safety training and job site specific acts or omissions. For example, common safety training questions include how to properly tie off, use personal protective equipment (“PPE”), properly install anchor points, properly tie off ladders, knowledge about hydration and water breaks, knowledge regarding risks associated with swing radius, inhalation of chemicals and/or silica, as well as other potential hazards.

The job site specific questions will focus on the who, where, when, what, and how. In particular, employees will be asked questions regarding training they received and commands they received on the date of the incident. For example, the CSHO will ask whether employees were instructed to tie off on the date of the inspection, whether supervisory employees inspected the crew members during construction, and the reason(s) why employees were not tied off (even if they were). OSHA often asks whether employees were not

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FLORIDA ROOFING | December 2016

wearing fall protection because they were told to complete work at an accelerated pace or to meet certain schedule obligations. If an employee answers in the affirmative, it could be damaging to the employer.

Written Witness Statement

While the testimony is being taken, the CSHO will be drafting a witness statement, which generally contains self-serving declarations for purposes of prosecuting the employer. No one is required to sign a witness statement. Both supervisory and non-supervisory employees can refuse to sign witness statements. This leaves the CSHO with only his or her own notes, which can still be used as evidence, or the CSHO can still contact the local Area Office and ask that it issue a subpoena requiring that the employee’s testimony be taken under oath. This delay in obtaining testimony may be beneficial for the employer because it will allow the employee to have the opportunity to think about his or her answers and be in a better mindset for purposes of providing testimony. It also gives the employee the chance to speak with counsel and/or management if he or she wishes to do so.

Obviously, regardless of when testimony is provided, all employees must always tell the truth. However, even a slight postponement in giving testimony can provide an employee with enough time to properly collect his or her thoughts, and ensure that he or she gives truthful testimony, while remaining alert enough to detect and avoid the onslaught of “Gotcha!” questions OSHA loves throwing at unsuspecting witnesses.

This article came from our new book, OSHA Defense on Construction Law, available on Amazon. Through education, roofers will be able to avoid the pitfalls of OSHA and other government inspections.

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

Trent Cotney is Florida Bar Certified in Construction Law, General Counsel and a director of the Florida Roofing and Sheet Metal Contractors Association (FRSA), a director of the West Coast Roofing Contractors Association (WCRCA), and a member of the National Roofing Contractors Association (NRCA), Midwest Roofing Contractors Association (MRCA) and several other FRSA affiliates.

For more information, contact the author at 813-579-3278 or visit www.trentcotney.com.

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Employment Items You Should Know!

Lisa Pate, FRSA Executive Director

“Ban the Box”

On most application forms, there is the question “Have you ever been convicted of a felony?” This seems logical because a convicted felon may present a danger to customers and co-workers. Many states and localities, however, do not agree and have banned employers from asking this question until after an employment offer has been made. Two key issues are involved: 1. The so-called “Ban the Box” regulations in some locations, and 2. The regulations of the Equal Employment Opportunity Commission regarding criminal convictions.

The “Ban the Box” regulations say, to varying degrees, that employers may not ask a candidate about criminal convictions as a part of the normal interviewing and screening process, but must wait until later, after the employer makes a Conditional Job Offer. In these states and localities, the questions regarding criminal convictions should not appear on the application form.

EEOC’s guidelines on criminal convictions do not prohibit asking these questions in the employment process, although they “recommend” against it. However, they do say that if you ask questions about criminal convictions, and/or if you conduct a criminal background check, and if you use this information to make an employment decision, you must consider three elements: 1. Whether the conviction is job related, 2. The severity of the conviction, and 3. The length of time since the conviction occurred.

Taking all of this information into consideration, the employer must then make a judgment call on whether to hire the candidate.

Personal Social Networking Sites of Your Employees

National Labor Relations Board Regulations state that employees have the protected right to discuss their wages, benefits and working conditions among each other and employers may not prohibit them from so doing.

Otherwise, it’s called an Unfair Labor Practice. This regulation extends to the personal social networking sites of your employees, like their Facebook page, and some states have passed regulations prohibiting employers from accessing the personal social networking sites of their employees. Based on all of this momentum, we recommend that employers not access the personal social networking sites of their employees and do not “friend” employees on Facebook.

Minimum Wage

The current Florida minimum wage is $8.05 per hour and will increase to $8.10 per hour beginning on January 1, 2017. Employees must receive the minimum wage “free and clear” for each work week.

I-9 Forms

I-9 Forms have been updated and by January 22, 2017, employers must use only the new version, dated 11/14/2016. Until then, you can continue to use the version dated 3/8/2013. For current employees, you may keep the form already on file. Every employee must have a completed I-9 Form within the first three days of employment.

What Employee Records Are You Required to Keep?

The law requires that employers comply with standards set forth by the Wage and Hour Division of the Department of Labor, the Equal Employment Opportunity Commission, Immigration and Naturalization Service and other applicable local and federal agencies. Are your employee files up to date? For example, here are some of the regulations and the minimum number of employees required for coverage:

So, the “Ban the Box” regulations and EEOC’s regulations are similar but they are not exactly alike. On the other hand, the momentum in this country, and at EEOC, is clearly in the direction of the “Ban the Box” arena.

Therefore, it may be better to have an employment application form that does not contain the criminal conviction questions and deal with criminal convictions and criminal background reports after a Conditional Job Offer has Employment Regulation Based on Number of Employees been tendered. In this way, you still consider the effect of a conviction but you steer clear of the Equal Employment ■■ Wage and Hour regulation – 2 Opportunity Commission.

■■ Immigration Control and the I-9 Form – 4

Affordable Care Act (ACA)

The new ACA regulations are a moving target with three elements involved: (1) accounting and taxes, (2) insurance, and (3) human resources. Most of HR work involves notifications and most of that should have already been done. The big issues now are accounting, taxes and insurance.

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FLORIDA ROOFING | December 2016

■■ Fair Employment Practices (EEO, Sexual Harassment) – 15 ■■ Americans with Disabilities Requirements – 15 ■■ Age Discrimination Regulations – 20 ■■ Family and Medical Leave – 50 This is only a partial list of the employment regulations

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that cover American employers and you can see that these requirements begin with very few employees and increase, based on the total number of persons you employ.

have been working. The Department of Labor calls this concept “constructive overtime” and it’s usually a figure that is much higher than the one originally found on the time record. This enforcement policy underscores the importance of accurate time records for non-exempt emApplication Form ployees. According to Wage and Hour regulations, time An application form should not contain any questions records must meet two requirements: which are prohibited by state or federal employment ■■ They must be accurate and, regulations, or are considered EEO (Equal Employment Opportunity) sensitive. Employment forms should not so- ■■ Employees must complete them on a daily basis. licit information on an applicant’s sex, race, color, national The Wage and Hour regulations do not prescribe a origin, age, religion, disability, citizenship status, veteran’s specific time method; thus, there is no requirement for an status or marital status. By avoiding this information, you employer to provide a time clock that employees “punch” will not make the mistake of producing documentation every day. To the contrary, most non-exempt employees that can work against you in an employment related claim. today keep time by logging in on the computer, by swiping an identification card, by hand or by some other methAcknowledgment of Newly Hired Employee od. In order to meet Department of Labor requirements, In the state of Florida, if an employee signs an ac- these employees should have a time keeping method that knowledgment of a probationary period within the first records the exact time they come to work in the morning seven (7) days of employment and the employment re- and leave from work at the end of the work day, including lationship is terminated within the 90-day probationary meal periods. For payroll purposes, time can be rounded period, the employer is not responsible for any portion off to the nearest 15 minutes. of unemployment compensation due to that employee. It is recommended that all newly hired employees sign this Break Periods form and that it be placed in their personnel file for purIn Florida, there is no requirement for employers to poses of fighting an unemployment compensation claim. provide lunch or break periods to employees 18 years of Speaking of unemployment, there are generally three cir- age or older. However, if a break is to be unpaid, it must cumstances in which an employer is not responsible for be at least 30 consecutive minutes and the employee paying unemployment compensation. must be fully relieved of duty. For example, a receptionist 1. When the employee is terminated within the 90-day who is required to answer the phone during a break is probationary period; considered to be working and the time should be counted as work time. A break cannot be interrupted. An exam2. When the employee voluntarily resigns; and ple of interruptions are as follows: an employee eating 3. When the employee is terminated for gross misconduct. lunch at their desk interrupted by a customer, or a suThat’s why it’s so important to terminate employees pervisor requesting an employee to perform work right (not working out) within the first 90 days of employ- away while they are in the middle of their break. The 30 ment. Once they cross the 90-day probationary period, minutes must start over after the interruption if the break they either have to voluntarily resign or be terminated is to be unpaid. for gross misconduct for you not to be subject to their unemployment claims. Employers must also remember to document any performance issues an employee may have within the 90-day probationary period. Many employers assume that if they release an employee within this period they do not have to provide documentation as to why the employee was released, but this is false. Employers are still responsible for providing documentation as to For more Human Resource and Employment Documents, why the employee was let go.

FRSA Members can visit the “Member Login” section of FRSA’s website, www.floridaroof.com and access the “Human Time Records for Non-Exempt Employees Resources Q&A” section. You’ll find frequently asked employTime records represent the base or foundation from er questions and answers. which an employer calculates a non-exempt employee’s work time. The time record should be a mirror image of actual time worked and the responsibility for ensuring accurate records falls on the employer, not the employee, even if the employee records time incorrectly. If a time record is incorrect, or if it appears incorrect, a wage and hour investigator is free to disregard it and “construct” an amount of time he believes your employees 14

FLORIDA ROOFING | December 2016

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Tesla’s Solar Panel Roof: Solar Glass Tiles Are the New Solar Shingles Energysage.com, the Online Solar Marketplace

If you’ve found it difficult to stay up to date on the future of Tesla Motors and SolarCity in recent weeks, you are not alone. Numerous industries (solar, electric vehicles, and ridesharing, to name a few) worldwide are starting to feel the impact of a merger that could significantly alter growth plans for manufacturers and executives across the globe. Now the concept of an integrated solar glass shingle – the Tesla solar tile – is on everyone’s mind.

We had already heard about Tesla’s plans for total clean energy integration – a one-step carbon reduction process that involves pairing solar panels with your Tesla electric vehicle. Now for the latest: thanks to a surprise appearance of Chairman Elon Musk in SolarCity’s second quarter earnings call that led to a highly anticipated Tesla solar roofing product launch at the end of October, we’ve now seen the future of PV roofing and the future of Tesla.

One thing is certain: building integrated photovoltaics (BIPV) are going to be a part of Tesla Motors – or should we say Tesla Energy’s – future.

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Even before the latest Musk upheaval, building integrated photovoltaic (BIPV) technology has been garnering attention as part of solar’s gradual expansion into broader markets like sustainable roofing design and green building.

Simply put, BIPV replaces materials of the building envelope with photovoltaics. This is in contrast with traditional rooftop solar installations, which entails attaching a PV module to a building separately. The goal of BIPV is to integrate installation as part of a construction project, rather than a separate post-construction addition. In theory, this would result in significant savings by reducing labor and installation costs and eliminating the need for separate racking equipment. With BIPV, solar becomes an efficient building material rather than a luxury add-on.

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FLORIDA ROOFING | December 2016

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A building in Spain with a side solar facade. This type of solar building is known as BAPV where the solar module is retrofitted rather than included in the original construction.

Often confused with BIPV is building-applied photovoltaics, or BAPV, which refers to solar that is retroactively integrated into a building. While BAPV is much more common than BIPV in today’s day and age, BIPV is truly the ideal scenario for cost efficiency, hence why Elon Musk named it Tesla’s next move.

The Tesla/SolarCity Solar Panel Roof: What You Need to Know

Many stakeholders had agreed that solar installation needed to be rebranded as an aesthetic and technical improvement that could be a part of a home renovation rather than a hefty module that is nailed onto your rooftop. That sentiment was punctuated in Elon Musk’s late October launch of Tesla’s new roofing product which will aim to bring solar further into the mainstream by removing any sort of visual setbacks homeowners may fear. “I think there’s quite a radical difference between having solar panels on your roof that actually make your house look better versus ones that do not, I think it’s going to be a night-and-day difference,” said Musk in a statement before the product’s official launch. Two months later he unveiled the tangible roofing product, using a crowded, suburban event in California to demonstrate that his panel design is so seamlessly integrated that an entire audience of press needed to be told the house they were looking at even had solar installed.

Tesla Solar Glass Tile and Roofing Product Materials

Much of what we had expected for the roof product is what we got on October 28, the only surprise was the appearance and the use of a supposedly unbreakable glass apparatus. With the SolarCity’s acquisition expected post the big merger decision on November 17, Tesla is starting to leverage the new resources available to them. Other than SolarCity’s massive installer workforce, which will be doing more building and less installing in the future, the asset most important to Musk’s solar glass roof will be Panasonic’s impressive panel efficiency and the durability of the tiles and shingles being made. Musk demonstrated in the launch the strength of his new roofing product, testing heavy weights on three common roofing shingles as well as his own. Sure enough, the Tesla roof was the only one that could withstand the weight and pressure. “It’s made of quartz” explained Musk. “It has a quasi-infinite lifetime.”

This shingle and roof durability will be a huge selling

www.floridaroof.com | FLORIDA ROOFING

17

The four roofing types unveiled at Tesla’s solar roof launch: Tuscan Glass Tile (left), Slate Glass Tile (middle left), Textured Glass Tile (middle right), Smooth Glass Tile (right)

point for homeowners who are looking for more value added than just the benefits of a clean energy roof type.

In a sense, Tesla wants to make inroads into both the solar industry and roofing industry and offer competitive advantages in both. Solar panel warranties are often a huge selling point for homeowners who are concerned about the longtime production value and durability of their solar panel systems. Musk seems on a mission to put those concerns to bed and reach a broader audience than solar power ever could before.

The new roof will be offered in four model designs: Tuscan glass tile, slate glass tile, textured glass tile and smooth glass tile. This versatility and choice for homeowners will certainly change the consumer experience of “going solar.” Musk’s BIPV innovation can be described with two improvements that both focus around choice:

improvement if they so choose.

■■ Solar can now be fully integrated and customized to match the texture and appearance of your roof – it can now be thought of as an integration rather than an addition where a homeowner chooses what fits their aesthetic preference.

Solar Roofs vs. Solar Shingles vs. Solar Glass

Though it might keep Musk up at night, Tesla will not be the first company to launch a solar roof product. Development of solar roof tiles and solar shingles (most famously by Dow) has been evolving for many years, and a number of companies have taken a stab at designing a versatile, subtle rooftop solar medium that could be considered a genuine roofing material rather than a module add-on.

According to New York Installer Suntegra, three out ■■ Going solar no longer requires any perceived draw- of four homeowners would prefer an integrated solar back in the appearance of large panels on your roof system. The common types of BIPV to date are the following: – homeowners can make solar as a roof styling

18

FLORIDA ROOFING | December 2016

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■■ Semi-transparent solar glazing that can replace windows and skylights

While the four forms of BIPV (listed above) have been around for some time, the concept of a completely solar ■■ Solar cell membranes that can be integrated into a roof has not yet been successfully brought to market.

What’s standing in Musk’s way? The real solar efficiency roofing design (what Tesla has mirrored with solar of these Tesla glass shingles and the price are two major roof glass) factors that were only ambiguously addressed by Musk ■■ Solar shingles made with flexible thin film cells, in the launch. placed above a roof’s dew point Cost is an enormous grey area for this new product, ■■ Solar facades for sun-facing sides of buildings (typi- Tesla hasn’t made any pricing information available to cally only used for BAPV) date. With a company like Tesla, it will be hard to even venFor Musk, the real innovation is the production of ture a guess for what these glorious glass roofs will cost. a solar system that truly is considered a roof model. After all, they’re a premium product made of quartz and are virtually unbreakable – it’s possible that Tesla’s solar roof will be a solar option for the top one-to-five percent and not the majority of prospective homeowners.

Another deciding factor for the ™ roof product’s success is efficiency.

Musk briefly touched on this in the product release when he mentioned that the glass material shielding the solar cell results in a very minimal efficiency drop for the photovoltaic shingle. But in an industry where a new record for PV efficiency is announced almost every month and the cost of solar is directly tied to how well a solar panel produces electricity, the real numbers on what this glass shingle can achieve will be crucial. Musk’s enthusiasm is contagious and he certainly has a history of audacious ventures grounded in revenue, but his entrepreneurial vision has its limits. The Tesla/SolarCity solar roof could succeed, but it will unequivocally shoulder great adversity.

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FLORIDA ROOFING | December 2016

At the end of the day, solar roofs are not going to be a seamless product integration for Tesla. And yet, the concept certainly has the feel of the Tesla brand. Many had been questioning how Musk could possibly give solar panels the exquisite Tesla feel when they usually stick out, often contrasting with a roof’s design. The solar roof and the sleek glass roof tiles appear to be just the answer Musk was seeking for Tesla’s entrance into the solar industry.

Tesla and its esteemed chairman have a long way to go to affirm their status as a real player in both the solar PV and green roofing industries.

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How they will make this roof concept cost-competitive and how they will effectively absorb the financial turmoil of SolarCity are two big hurdles for the clean energy behemoth. But for now, Musk has done his job. The world’s interest is piqued and millions of homeowners are already anxiously anticipating Tesla Energy’s new solar product coming to market in 2017. *Note – there is no information available for the price of Tesla’s solar roof and the product is not currently on the market; it is expected in 2017.

This article originally appeared on Energysage.com, the online solar marketplace. Backed by the U.S. Department of Energy SunShot Initiative, EnergySage connects solar installers with high quality solar prospects in their area. Learn more at www.energysage.com/installers and receive 50 percent off registration by mentioning your FRSA membership at signup.

Additional content you may find interesting: Florida Solar Incentives: Why Solar Panels are Popular in Florida, Solar Panels in Florida - an interactive county-level map that helps Florida residents compare the costs and benefits of solar, including payback period and 20-year net savings.

www.floridaroof.com | FLORIDA ROOFING

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Membership Has Its Privileges Phillip Lane, J.W. Edens Insurance & Bonds

I became a member of the FRSA at the beginning of 2008, just before the financial crisis and the resultant “Great Recession.” The construction industry in Florida had already slowed and it was preparing to come to a screeching halt. Getting involved has always served me well and I seized the opportunity to follow the wonderful example of service that a co-worker of mine had set.

Fast forward more than eight years (and many hours of meetings, phone calls, ideas, goals and good times) and I now sit on the Board of Directors of FRSA, the FRSA Credit Union and the Space Coast Licensed Roofers Association and the Treasure Coast Roofing and Sheet Metal Association Affiliates. In addition to my board positions, I’ve been chosen to chair the Membership Committee this year for the first time after co-chairing this important committee since 2014. As an independent commercial insurance agent, I’ve been entrusted as an advisor to both the FRSA and the FRSA Self Insurers Fund (SIF) as their insurance agent.

Just being a member of the FRSA would not have gotten me to where I am today. What got me here was being involved and developing relationships with many amazing individuals around the great state of Florida who are in one way or another connected to the roofing industry. I’d like to share a story in this article that I feel embodies everything FRSA means to me.

One of my favorite people and clients is a roofing contractor based in Ormond Beach. Greg Hageman owns and operates Greg’s Roofing Inc with his wife Diane, and they have been working in the roofing industry most of their lives. I got a call from Greg one morning earlier this year and he explained that a local building official wanted him to secure USL&H coverage for his employees. Greg’s crew was working on the reroof of a building that sits on stilts over the Intracoastal at the end of a dock. The building official was threatening to shut the job down and suggested that Greg contact his workers’ compensation insurer to add USL&H coverage to his workers’ compensation policy. As a long time FRSA Self Insurers Fund workers’ compensation policyholder, Greg reached out to the FRSA-SIF and they advised they were not able to add USL&H coverage to his policy and suggested he contact me. USL&H is short for United States Longshore and Harbor Workers’ Compensation and without going into great detail, it applies to employees engaged in maritime employment who are injured upon the navigable waters of the United States.

It was clear to both Greg and I that the work was being done over navigable waters, but it was also clear to us both that his employees working on this project were not engaged in “maritime employment.” Despite both of our efforts to explain our position to the building

official, it was not enough. We worked quickly to price adding the USL&H coverage on a separate insurance policy and discovered that the best (and in order to keep his FRSA-SIF workers’ compensation possibly the only) available option was a $10,000 minimum premium USL&H workers’ compensation policy. The total cost of the job was under $30,000 and adding this coverage just to appease the building official made absolutely no sense. That’s when we brought out the big guns, Trent Cotney, P.A. Greg and I have both known Trent for years and we knew he could help us. Trent was already familiar with the situation as he and I had discussed it after Greg reached out to me. I placed a call to Trent shortly before 8 am and had a legal memorandum on my desk before noon that same day.

Greg sent the legal opinion to the building official who then forwarded it to a County attorney. The County attorney agreed that the building department should not be requiring USL&H workers’ compensation coverage for the project.

Between Greg, Trent and myself, we were able to solve this problem and it was an incredible feeling to be able to help straighten it out. So many times, we are told that something “just is” even though we know it doesn’t make any sense. We can’t win all of the time, but when we do win and when we get to do it with professionals we respect and admire, it is priceless. It’s difficult to quantify the member benefit of an experience like I just shared with you. Being involved in the FRSA has taught me many things, but the people I have the privilege to work with as a result of my involvement, are the biggest membership benefit of all.

Phillip E. Lane has been an insurance advisor at J.W. Edens Insurance & Bonds for over 10 years and works with roofing contractors across the State of Florida. For more information contact Phillip E. Lane at 800-223-6295 or plane@jwedens.com.

www.floridaroof.com | FLORIDA ROOFING

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The Possible Ramifications of ASCE 7-16 Lisa Pate, FRSA Executive Director

The code cycle for the 2018 International Code Council has come to an end and one of the most glaring issues facing Florida roofing contractors, and contractors in general, will be the inclusion of the ASCE 7-16 standard.

Ten years ago, the American Society of Civil Engineers (ASCE), working with National Council of Structural Engineering Institute (SEI) and other organizations, initiated a process of removing technical structural requirements from the body of the building code, instead adopting these requirements by reference to industry standards, such as ASCE 7. The purpose for this was two-fold. First, it removed important technical criteria from the political process associated with code change development and, second, it placed control of these requirements within the hands of the structural engineering community, through ASCE/SEI and other standards development organizations, as opposed to the ICC. It also provided the opportunity to slow down the endless cycle of changes. Starting in 2005, ASCE/ SEI moved off the three-year standards update cycle, publishing the last edition in 2010. The next edition of the standard was planned for 2016, in time for adoption of the 2018 IBC. Thus, as a minimum, design loading criteria will remain stable and unchanged for much of this decade.

The 2016 edition of ASCE 7 Minimum Design Loads and Associated Criteria for Buildings and Other Structures provides the most up-to-date and coordinated loading standard for structural design. Along with improved coordination and routine updates, ASCE 7-16 includes many significant changes, and will include new wind speed maps that result in reduced wind speeds for much of the country and clarify the special wind study zones, including new maps for Hawaii. Also, new maps for Risk Category IV are separate from Category III. At the April International Code Council (ICC) Structural Committee Hearings in Louisville, KY, a coalition lead by the Asphalt Roofing Manufacturers Association (ARMA) and the National Association of Home Builders (NAHB), opposed the adoption to the 2016 edition of ASCE 7. FRSA was also part of this coalition and vehemently opposed ASCE 7-16. The coalition put forward a successful assembly motion that resulted in an automatic public comment at the ICC Final Action Hearings in October. The public comment will move to retain ASCE 7-10 instead of adopting ASCE 7-16.

ARMA launched this challenge over concerns that ASCE 7-16 wind pressure coefficients for low-slope roofs “substantially” increase wind pressure design requirements for buildings 60 feet or less in height.

Indeed, ASCE 7-16 does modify and increase the wind pressure coefficients at eaves, edges, and ridge lines, as 26

FLORIDA ROOFING | December 2016

well as increase the width of these zones for low-slope roofs. Net pressure increases are primarily limited to coastal hurricane zones within 600 feet of the shoreline (Exposure D). FRSA Legislative Counsel, Cam Fentriss, attended the October ICC hearings and spoke in opposition of the proposed ASCE 7-16 standard, stating among other issues, the cost impact that consumers will be burdened with if the standard passed. Fentriss used actual data provided by FRSA contractor members for both residential and commercial roofing, noting the cost impact for commercial reroofing would more than triple, thereby making it more affordable to demolish and rebuild rather than reroof. Unfortunately, ICC voting members passed ASCE 7-16 for commercial building.

A final vote will be official on November 22. Here’s where it gets crazy – only government employees who are members of ICC are allowed to vote - no contractors, engineers or design professionals. And essentially, building officials from all over the country decide what one code works for everyone. As we go to print, ASCE 7-16 applies to new construction and commercial roofing only. Residential new construction roofing may not be affected by the change, if the final online voting doesn’t reverse the current position. However, residential and commercial reroofing are subject to the ICC Existing Building Code 707.3.2 or in our case the FEBC section 706.3.2.

These sections trigger a mandatory evaluation of the roof diaphragms, connections of the roof diaphragm to roof framing members, and roof-to-wall connections where roofing materials are removed from more than 50 percent of the roof diaphragm or section of a building located where the ultimate design wind speed, Vult, is greater than 115 mph (all of Florida). The section goes on to say that if the diaphragms and connections in their current condition are not capable of resisting at least 75 percent of those wind loads, they shall be replaced or strengthened in accordance with the loads specified in the Florida Building Code, Building. Residential reroofing will not be affected by the change. We’ll keep you posted once details are finalized.

Information obtained from ASCE and ICC was used in this article.

A Driving Force: Distracted Driving

by Brian Pratt, Furman Insurance & Bonds

Many roofing professionals continue to be impacted by an increase in automobile insurance cost due to a substantial rise in frequency and severity of auto claims. Severe auto losses can expose the assets of a roofing company if they are not properly managed. We have seen firsthand with our roofing clients that relatively low-impact (typically rear-end accidents) auto claims reach six and even seven figure ranges. The main contributor of auto claims is caused by distracted driving.

What is Distracted Driving?

Any activity that could divert a person’s attention away from the primary task of driving is considered distracted driving. All distractions endanger driver, passenger and bystander safety. According to the National Safety Council,

distractions now join alcohol and speeding as leading factors in fatal and serious injury crashes.

Distracted driving poses significant risk to every roofing contractor that has employees who drive both company-owned and personal vehicles for company business. Common activities that divert attention from the road include texting, mobile phone use, eating or drinking, reaching for an object, talking with a passenger or reading navigation systems.

A common misconception about talking on the phone while driving is that use of a hands-free device is a safe alternative to holding a phone to your ear. Keep in mind, hands-free is not risk free! The cognitive distraction of talking on the phone, the conversation itself, takes your mind off the task at hand. In addition, a hands-free device does not eliminate cognitive distractions. In fact, a National Safety Council white paper on the subject of hands-free devices notes that driving while talking on cell phones, both handheld and hands-free, increases risk of injury and property damage crashes fourfold.

According to the National Safety Council, 26 percent of all vehicle crashes involve mobile phone use including hands-free. Currently, the major focus on distracted driving is the use of smartphones. Five seconds is the average time you take your eyes off the road while texting.

Traveling at 55 mph, your vehicle will cover a distance of

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80 feet per second. If you are texting while driving at this speed, you have traveled more than the length of a football field without looking at the road.

According to AAA, distracted driving crashes made up more than 12 percent of all crashes in Florida in 2015.

More than 45,000 crashes occurred by distracted drivers in Florida in 2015, resulting in more than 200 fatalities and more than 39,000 injuries. Nationally in 2014, 3,179 people were killed and 431,000 were injured in motor vehicle crashes involving distracted drivers. National Highway Traffic Safety Administration (NHTSA) determined texting and cell phone usage were the leading causes of these accidents.

What Can Your Business Do?

Most roofing contractors are aware of the inherent risks of distracted driving and that your business is susceptible to an auto loss from using smartphones while driving. It’s important to recognize that there are proven tips to reduce your risk of an auto loss in your company.

Some of these tips are: ■■ Issue a written company policy on avoiding all distractions and cell phone use while driving.

■■ Prohibit the use of cell phones when operating any vehicle on company business.

■■ Use cell blocking technology for cell phones in companyowned vehicles.

■■Require drivers to be legally parked if they want to use a cell phone from their vehicle.

■■Implement a discipline program for violation of in-vehicle behavior and cell phone policies.

■■Allow voice mail to handle calls.

■■Allow a passenger in the vehicle to handle calls.

■■Notify callers via voice mail when employees are driving that they are not available to answer the call and will return calls when it is safe to do so.

■■Encourage employees to inform regular callers of their driving schedules and when they are available to talk.

■■While driving, remind employees to keep their hands on the wheel and their eyes and minds on the road.

Although there is no surefire way to completely safeguard your business, implementing these expert-proven tips can be one way of reducing your risk of a claim.

Also, to protect the assets of your roofing company, we recommend that the formal written electronic device use policy is communicated, strictly enforced and acknowledged by all employees. Because phone and text records are easily obtainable and can be tied back to electronic device usage, we recommend a zero tolerance policy for electronic

28

FLORIDA ROOFING | December 2016

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To learn more, visit www.tilebond.com Contact Dow at 1-866-583-BLUE *Consult (Material) Safety Data Sheet ((M)SDS) and label carefully before use. ®™ Trademark of The Dow Chemical Company (“Dow”) or an affiliated company of Dow. ©2015 The Dow Chemical Company.

Form No. 179-05110-0115 LCE

devices while driving a vehicle for company business.

Some insurance carriers base their underwriting criteria on the fleet risk management disciplines that are enforced to help control potential bodily injury claims.

Insurance companies are looking at new requirements to be insurable (company phones, devices and policies). A serious automobile accident can expose the balance sheet of a roofing company and have a dramatic effect on your workers’ compensation budget from injured employees of the company.

A workers’ compensation claim can involve medical, wage loss, impairment, and cause a severe impact on the workers’ compensation budget for several years into the future.

The formal written fleet safety program that is acknowledged by every driver should be continuously monitored and enforced. Whether you have just a few or several hundred company vehicles, it is critical to manage the inherent risk associated with company’s drivers and vehicles. Controlling the use of cell phones by employees while driving on company business should be taken seriously by all employers. A clear cell phone usage policy can help prevent accidents. The lack of a clear cell phone usage policy can create potential allegations that the employer is liable as a result of vicarious liability. Vicarious liability states that employers may be held legally accountable for the negligent acts of employees committed during the course of their employment. Employers may also be found negligent if they fail to put a policy in place for the safe use of cell phones. This makes it critical for an employer to implement a cell phone policy.

Being proactive and managing your insurance budget

(typically the third most expensive line on a roofing professional’s income statement) will help protect profit margins and create an advantage in a very competitive environment. ​Some other items for roofing professionals to consider when initiating a fleet safety program are: ■■ Installing GPS monitoring or some other type of tracking system in the vehicle to capture speed, location, etc.

■■ Annual training for drivers, including defensive driver courses and review of the fleet management safety program, ■■ Third-party monitoring (“How’s My Driving” stickers) and a fleet accountability program, which may tie driver status and vehicle losses to bonuses, ■■ Written driver qualification criteria, ■■ Policy for use of personal vehicles that are being driven by employees for business purposes. (Hired auto and non-owned automobile liability coverage), ■■ Policy for use of company vehicles if taken home, and ■■ Accident investigation procedures.

Brian Pratt is a roofing industry advisor for Frank H. Furman Insurance, Inc. For questions or more information, email brian@furmaninsurance.com or visit www.furmaninsurance.com.

Resources: National Highway Traffic Safety Administration (NHTSA), AAA, CNA Insurance (The NRCA endorsed program for roofing professionals)

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FLORIDA ROOFING | December 2016

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