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®

A Publication of the Associated General Contractors of Wisconsin

ISSUE 1 • 2011

Cogdell Spencer

ERDMAN PARTNERING WITH HEALTHCARE PROVIDERS TO DELIVER FACILITIES THAT DRIVE IMPROVED OUTCOMES


®

A Publication of the Associated General Contractors of Wisconsin

Official publication of the

Associated General Contractors of Wisconsin

Features

4814 East Broadway Madison, WI 53716-4195 TEL: 608-221-3821 FAX: 608-221-4446 Laura Cataldo Editor OFFICERS David Riley President Kurt Boson Vice President Bob Barker Executive Vice President, Secretary/Treasurer STAFF Dave Bohl General Counsel Jim Boullion Director, Government Affairs Jeri Breen Director, Administration Laura Cataldo Director, Workforce and Industry Outreach Jim Falbo Associate Director, Safety Dan Makovec Plan Room Manager Brent Miller Director, Safety & Environmental Services Jackie Troia Team Assistant PUBLISHED BY: Slack Attack Communications Barbara Slack Publisher Nancy Rudd Art Director Kelly Wolf Project Coordinator Beth Vander Grinten Advertising Sales, 608-235-2882 beth@slackattack.com Wisconsin Constructor® is a quarterly publication of the Associated General Contractors of Wisconsin, Inc., 4814 East Broadway, Madison, WI 53716-4195, 608221-3821. It is published in January, March, June, and September by Slack Attack Communications, 5113 Monona Dr., Madison, WI 53716, (608) 222-7630. Printing is by Reindl Printing Inc., PO Box 317, Merrill, WI 54452-0317. For advertising information, contact Slack Attack Communications. Subscriptions included in AGC membership dues; non-member subscriptions: $20 per year. Address corrections or subscription information should be directed to the Associated General Contractors of Wisconsin, Inc., 4814 East Broadway, Madison, WI 53716-4195. USPS #016128. Periodicals postage paid at Madison, WI and at additional offices. ©Copyright 2011 by the Associated General Contractors of Wisconsin. Permission to reprint must be secured in advance of publication and credit given to author and Wisconsin Constructor®.

ISSUE 1 • 2011

Cogdell Spencer

ERDMAN

PARTNERING WITH HEALTHCARE PROVIDERS TO DELIVER FACILITIES THAT DRIVE IMPROVED OUTCOMES Cogdell Spencer ERDMAN Page 8

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Nationally recognized for design, construction and management of healthcare facilities, Cogdell Spencer ERDMAN has completed more than 5,000 projects across the country.

AGC SPECIALTY MEMBER PROFILE 14 North American Mechanical, Inc. (NAMI) North American Mechanical, Inc. (NAMI) Page 14

AGC ASSOCIATE MEMBER PROFILE 16 Schenck SC

Departments 4

Message from the President — Involvement: Jump In With Both Feet

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Message from the Executive Vice President — AGC Construction Education Foundation Committed to Industry

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Dear Barry

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AGC of Wisconsin Membership

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Index to Advertisers

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Professional Directory/Buyer’s Guide

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Message from the PRESIDENT fter more than 40 years of membership, Riley Construction finally has its turn at leading the association! My brothers both served on the Board, but the role of serving as AGC President was saved for me – what a lucky guy I am! All kidding aside, it is a privilege to serve as the 2011 President of the AGC of Wisconsin. Over the last few years on the Board, I have benefitted from working with extraordinary leaders in our industry, and during such a challenging economic time. As I look forward at the challenges our industry and association face, I am committed to engaging our next generation of leadership, increasing member involvement in AGC programs, and strengthening our political support.

A

Dave Riley 2011 AGC of Wisconsin President

Involvement: Jump In With Both Feet

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Engaging Our Future Leaders In 2003, the AGC of Wisconsin Board of Directors identified “employee retention” as a key issue for our industry’s workforce development needs. The association responded with the development

Wisconsin Constructor® / Issue 1 • 2011

of Leadership AGC. Now in its eighth year, Leadership AGC is a phenomenal program offering a blend of leadership development, industry-specific education and relationship building. This program works on many critical initiatives for our association and industry – including this year’s focus on revising the State of Wisconsin MBE Program. Today, you find Leadership AGC alumni on many AGC Boards, committees and taskforces. It is critical for the success of our association and the future of our industry that we identify new ways to engage more of our younger employees. The Board of Directors has taken on the challenge to appoint one individual from their firm in the 25-35 year old range to serve on a Construction Leadership Council to evaluate the issue of engaging our next generation of leadership. You can take on the challenge by inviting a younger staff member to join you at the Summer Membership Meeting. Let’s engage our younger leaders and encourage their participation!


Increasing Involvement We do not realize how spoiled we are in Wisconsin…did you know that AGC of Wisconsin: • • •

Is the only chapter with in-house legal counsel Is the only chapter offering in-house crane certification training Leads the country in STP and BIMCM completers

If you have been waiting to get involved with the AGC – don’t wait any longer! We are members of a very innovative chapter that anticipates our industry’s needs and provides the training and resources to keep us ahead of the curve. Whether it is attending AGC educational programs, utilizing staff resources or committing to board or committee participation, please say ‘YES’ and make a commitment. The Summer Membership Meeting in July is a great event to commit to. This two day event includes a speaker from FMI, a moderated panel on “What Owners Want”, the Leadership AGC and DSF presentation on revisions to the MBE program, golf and networking. Get involved – your company, employees and the association benefit when you participate.

AGC General Contractors are asked to pledge minimum employee contributions, based on number of salaried staff, as follows: Fewer than 9 employees .................$500 10-19 employees............................$1000 20-29 employees............................$2000 30+ employees ...............................$3000

AGC Specialty Contractors are asked to pledge minimum employee contributions, based on number of salaried staff, as follows: Fewer than 9 employees .................$200 10-19 employees ..............................$500 20-29 employees............................$1000 30+ employees ...............................$2000

AGC Associate Members are asked to pledge employee contributions of $100. In addition to supporting the AGC of Wisconsin PAC, the General Board of Directors agreed to contribute to the AGC

of America PAC. Wisconsin has long been a recipient state for AGC of America’s PAC. Many legislators over the years have received financial support from the AGC of America. The US Senate seat being vacated by Herb Kohl is certain to garner a lot of national attention and AGC of America support. We need to give back to the funds that provide ongoing support for our state. Please extend your political giving to include the AGC of America. Like in many areas of life – involvement often enables you to get back more than what you put in. Increase your company’s involvement in the AGC and benefit from an engaged future workforce; increased knowledge and expertise; and political strength. Alone we represent just one company but when working together we represent one large industry. See you in July at the Summer Membership Meeting! ■

Flex Your Political Muscle The impact of politics is more prominent today than almost any other time in Wisconsin history. As we reflect on the political change in Wisconsin during the last year, we would be remiss if we did not comment on the “cost” of that change. In Wisconsin, you can’t buy votes, but to get people elected who support your positions you have to get in the money game of politics. Last year’s Governor’s race generated over $14 million in total political contributions. $23,000 of that amount was given through the AGC PAC or Conduit. However, we know that our members gave over $70,000 of additional money directly to the candidates, but not through AGC. With special elections, recall elections and a critical US Senate race in our near future, it is critical that AGC of Wisconsin members get involved in the political process by combining our efforts and giving the AGC Conduit and AGCWI PAC the resources we need to impact the elections. The AGC of Wisconsin Board of Directors committed to participate in a PAC/Conduit fundraising campaign and ask all members to do the same. Wisconsin Constructor® / Issue 1 • 2011

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Message from the EXECUTIVE VICE PRESIDENT

AGC Construction Education Foundation Committed to Industry he AGG Construction Education Foundation (CEF) Board of Directors recently reinforced their commitment to AGC’s Career Academy initiatives by approving $20,000 for CCAs in LaCrosse and Tomah; and $96,000 for a consulting contract to develop Math and English curriculum. The CEF Board thanks the many firms which have donated to the cause of industry workforce development! If you interested in making a tax-deductible donation please contact the AGC Office.

T Bob Barker AGC of Wisconsin Executive Vice President

We are at a critical juncture as to whether construction will attract the best and brightest students.

AGC CEF Contributes over $600,000 to Construction Education! ■

$370,000 – Career Academies

$105,000 – DPI Construction Skills Certificate

$36,000 – Scholarships

$92,000 – Workforce Development

(Continued on page 7)

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Wisconsin Constructor® / Issue 1 • 2011


School District Budget woes put Technical Education on the Chopping Block — It is time for the private sector to get engaged! For many years technical education programs at Wisconsin’s high schools have faced declining participation, as students are encouraged to take collegepreparatory coursework. We hear that Tech Ed programs are the most expensive to operate and have the smallest class sizes so it should not surprise us to hear that they are on the short list for de-funding. If not already, it is time for contractors to become engaged in their local high school(s) and middle school(s), by sponsoring classrooms, providing guest speakers, etc. We are at a critical juncture as to whether construction will attract the best and brightest students, or whether we will continue to be the industry students are guided to because they don’t excel in school. UW Project Delivery Debate Continues….may never end! By the time this article is published the Legislature will have made a decision on whether to allow the UW System more project delivery flexibility for privately funded projects, i.e. projects that receive zero state dollars. The AGC has spent countless hours on this issue, trying to balance the interests of members while encouraging a system which rewards donors with timely and costeffective delivery of projects. It is impossible to appease everyone in this debate, but AGC’s proposal focuses on providing flexibility with accountability, transparency and objectivity. One thing is for sure, Wisconsin’s project delivery statutes are antiquated in comparison with other states and the private sector, AND they don’t encourage donors to commit to project funding. The U.W. System received $573 million in gifts during FY2010-11. ■

Wisconsin Constructor® / Issue 1 • 2011

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Cogdell Spencer

ERDMAN PARTNERING WITH HEALTHCARE PROVIDERS TO DELIVER FACILITIES THAT DRIVE IMPROVED OUTCOMES by Mark Crawford

Nationally recognized for design, construction and management of healthcare facilities, Cogdell Spencer ERDMAN has completed more than 5,000 projects across the country. Founded in Madison 1951 by Marshall Erdman, the company quickly developed a reputation as an expert in healthcare facility design and construction. The Company continues to consistently rank among the top healthcare design-build firms in the U.S. by Modern Healthcare, Engineering News Record, Building Design & Construction and other publications. In March 2008 the company merged with Cogdell Spencer, a publicly-traded real estate investment trust specializing in the development and ownership of health-care properties. The merged entity—Cogdell Spencer ERDMAN—is the country’s most comprehensive healthcare real estate company and delivers ownership, consulting, development, design, construction, and property management services to the healthcare market. Nearly two-thirds of Cogdell Spencer ERDMAN’s projects come from existing clients or referrals. “We have an outstanding reputation for being customer focused, design efficiency, quality construction, managing a safe workplace, meeting budgets and completing projects on time,” says John Hetland, Cogdell Spencer ERDMAN’s Director of Preconstruction Services, who coordinates early planning for projects.

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Wisconsin Constructor® / Issue 1 • 2011

“Integrated project delivery is one of the things that really sets us apart,” adds Chief Operating Officer Brian Happ.“We can be very competitive on the cost for a project yet bring much more value because there is less risk to the owner with our delivery because we integrate all phases of the project. Through our integrated service offerings, we are able to meet our client business objectives such as new market and service offering expansion as well as increased operational efficiencies and patient volumes. All of this results in increased patient and staff satisfaction as well as better bottom-line results for our clients.” Hiring Cogdell Spencer ERDMAN is a win/win partnership for everyone involved, including the subcontractor. “Subcontractors are an important part of our team and we get them involved as early as possible,” continues Hetland.“The proof of our success is their willingness to work with us on future projects. We stand behind what we design and build and have an outstanding warranty program that ensures clients are trained on all new systems. Any post-construction issues that may arise are resolved in a timely manner.”


An Innovation Leader Education is the key to innovation and productivity. Cogdell Spencer ERDMAN is committed to continuous learning and requires staff to participate in ongoing training and education opportunities. One of those highly valued resources is AGC. “We have been a member since 2004 and are very pleased with the support, information and training provided by AGC,”says Hetland.“The guest lecturers and training are superior to many other programs I have attended. Industry information has been extremely helpful, especially the cost trends published by Ken Simonson, AGC’s Chief Economist.” Safety training is an ongoing process and, with the company’s national scope, it can be challenging to keep everyone up to date on the latest training. “AGC of Wisconsin allows us to keep our Midwest personnel current on changes to OSHA and other safety concerns,” adds Hetland.“It is extremely important to us that all our workers stay safe and go home to their families when the day is over.” Cogdell Spencer ERDMAN is a national leader in the use of building information modeling (BIM)—a perfect complement to its integrated delivery model. “We refer to our process as Smart BIM,” says Happ. “Basically we create all the data for the building design, including electrical and plumbing, into a computerized model to create a virtual, 3D view of the entire building. This is a great way to help decision making and resolve construction conflicts and issues before construction starts, rather than in the field. The end result is a faster, more costeffective and wholly-integrated project delivery process.” A BIM feature called Clash Detection highlights areas in the plan where an obvious problem exists, such as a pipe that is set to run through bar joists.“Eliminating this problem in the design phase means we are eliminating what would have been a change order in the field,” says Hetland. “Although BIM increases the design cost up-front, it can result in a 10 percent or greater savings on construction costs and accelerate the schedule by 15 percent or greater, which can save millions of dollars.”

BIM Collaboration with Subcontractors

Modeling Work in Place

Actual Work in Place

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Cogdell Spencer ERDMAN is in the process of building a 310,000-square-foot medical complex in Janesville for Dean Health System and SSM of Wisconsin. “We are using BIM on the clinic portion of the project, with the key subcontractors engaged in the modeling, and we are seeing a significant reduction in change orders due to the coordination and modeling of the building systems as well as a reduction in the overall schedule” indicates Happ. More exact quantities of building materials can also be calculated with BIM. This allows components to be ordered and staged in advance of construction as well as fabricated off-site in a more controlled environment, which reduces waste and improves quality, speed and safety.

Dean Health System — Madison, WI

Southwest Health Systems — Platteville, WI

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Wisconsin Constructor® / Issue 1 • 2011

Delivering Quality Although Cogdell Spencer, Inc. is headquartered in Charlotte, North Carolina, Madison remains the headquarters for the company’s service offerings. The Madison location is the company’s largest office and houses most of its architectural and engineering talent. In addition to the Charlotte and Madison offices, Cogdell Spencer ERDMAN has offices in Washington D.C., Atlanta, Dallas, Denver, and Seattle. Adding to Cogdell Spencer ERDMAN’s regional offices are 44 property management offices in 14 states managing 114 healthcare buildings. All of the offices provide healthcare consulting, ownership and development as well as program and project management capabilities. The company’s material management services, including steel and wall panel fabrication, are located in nearby Waunakee. Cogdell Spencer ERDMAN’s projects are all design-build healthcare facilities— often with compressed timelines or special circumstances, such as building in or around an existing facility without disrupting normal operations.“Although we are exclusively design-build,” says Hetland, “we occasionally provide specific services for a long-term client, such as construction management or provide architecture and engineering services only.” The company continues to refine its integrated project delivery model, which


for decades, has been its core business strength. All its key resources are under one roof: advanced planning; ownership and development; architecture; interior design; site design; civil, mechanical, electrical and structural engineering; construction management; material procurement services; property management; and steel and wall panel fabrication; as well as other services and solutions. “With our material management capabilities,” says Hetland, “we fabricate structural steel, prefabricate wall panels and purchase key materials to be delivered on time, allowing us to develop reliable budgets and schedules for our clients and mitigate significant risk in the project delivery process.” Gary Landish, an account executive with Lee’s Commercial Carpet Company, has worked with Cogdell Spencer ERDMAN for 26 years. “They are very organized, highly structured, and top quality,” he says. “They stand behind everything they build. I’ve seen situations where the

carpet, after four or five years, develops a problem, and Cogdell Spencer ERDMAN replaces it for free. If they say they are going to do something, they do it—it’s a pleasure to work with people like that.” Selected Projects Dean East, Madison Dean Health System consolidated four locations into this new, 146,000square-foot, multi-specialty facility on Madison’s East Side. The design encourages a team concept for the departments and opens new opportunities for staff cross-training. Highlights include a fourstory water feature and natural lighting. Energy efficiency and high-quality materials reduce overhead and high life-cycle costs. “Cogdell Spencer ERDMAN really embraced our concept and was a perfect building partner,” states Alisson Mooney, COO for Dean Health System. “They invested significant time to understand

our business drivers and even helped us analyze our workflow process in our existing facility so we could integrate those improvements into this project. I really like the single source model with a single point of accountability. Communication was excellent and if something came up, it was quickly resolved.” Upland Hills Health, Dodgeville When Upland Hills Health outgrew its existing building, Cogdell Spencer ERDMAN took them through a systematic needs assessment, as well as several rigorous visioning sessions, to identify the best solution—staying in their current location and conducting a three-phase overhaul instead of building a new facility. “We built various additions and remodeled significant departments while the hospital was in full operation,” says Hetland. Improvements included a 16,000-square-foot interior remodel of the emergency and laboratory departments, complete redesign and construc-

Upland Hills Health — Dodgeville, WI

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tion of a new entrance and lobby to the Hospital, a diagnostic addition, an ambulance garage addition, an additional 54,000 SF Medical Office Building, redesigned and reworked parking areas, and installation of energy-efficient systems. Cogdell Spencer ERDMAN was presented a 2010 BUILD Wisconsin Award for this project by the Associated General Contractors of Wisconsin in the Design-Build Renovation category. “I was most impressed by the constant communication,” indicates Stephen McCarthy, Assistant Administrator of Strategic Business Operations for Upland Hills Health. “They were very focused on keeping us operational. The remodeling touched every department in a major way with very little disruption of patient flow. We are very happy with building and the way Cogdell Spencer ERDMAN spent so much time communicating with our staff.” Orthopaedic Hospital of Wisconsin, Glendale This 96,000-square-foot hospital project in metropolitan Milwaukee was a joint venture between independent physicians and Columbia St. Mary’s Hospital. In response to tremendous growth, the hospital system and its physician partners decided to replace the hospital with a new 30-bed facility. Departments include diagnostics, surgery, sports medicine rehabilitation and pain management. Design and construction were completed in 22 months, with the first patient seen in November 2009. The project won the Design Build Institute of America’s 2010 National Design Build Excellence Award in the category of health-care projects over $25 million. “I was very impressed by the one-onone attention we received,” indicates CEO Brian Cramer. “I had the home phone numbers of CEO and COO who wanted to be called if I had any questions or concerns. The Cogdell Spencer ERDMAN team provided a remarkable level of service. They turned the building over to us, $3.5 million under budget and six weeks ahead of schedule. They knew every inch of the project and made the whole process phenomenally easy.”

Orthopaedic Hospital of Wisconsin — Glendale, WI

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Wisconsin Constructor® / Issue 1 • 2011


St. Mary’s Janesville Hospital and Dean Health System — Janesville, WI

St. Mary’s Janesville Hospital, Janesville SSM Health Care of Wisconsin, in collaboration with Dean Health System, contracted Cogdell Spencer ERDMAN to plan and develop an $89-million community hospital campus complete with a 50-bed hospital, physician office complex, fully integrated electronic health records system, state-of-the-art operating rooms, imaging center and emergency department. Scheduled for completion in 2011, the facility is master-planned to expand to 200 beds with room for a much larger outpatient clinic. “I have worked with the Cogdell Spencer ERDMAN team over the last two years to bring St. Mary’s Janesville Hospital from schematic design to construction,” says Kerry Swanson, President of St. Mary's Janesville Hospital. “I could not be more pleased, nor have I had a better experience, with any other firm I have worked with. Communications have been excellent. The Cogdell Spencer ERDMAN team assigns a project manager who serves as the single source of responsibility, so all project issues are addressed efficiently and effec-

tively, which brings great value in such a complex project. They have also been transparent with costs and because of this there have been no surprises that needed to be managed.” Future Plans Healthcare is one of the few bright spots for increased construction spending, according to recent surveys. “According to industry sources and projections, construction looks strong in 2012-2013 and should be back to 2007-2008 levels by then,” says Happ. “Our advance planning group is also very busy right now, another good sign.” The most successful companies in this increasingly competitive industry will continue to find ways to utilize integrated project delivery, lean principles, sustainable design, and BIM to reduce costs, compress schedules, and increase value. Cogdell Spencer ERDMAN uses BIM on every project, making it a key component in its integrated project delivery business model. This fully integrated approach improves the company’s ability to fast-track projects, lower cost through better coordination, produce material quantities to buy and fabricate more effectively, provide faster solutions and

create a process where key stakeholders are engaged. “What we offer as a single source of responsibility, with all services and professionals under one roof, cannot be matched by any firm in the nation,” says Hetland. “Our ability to deliver projects by fully integrated teams leads to timely, accurate and thorough decisions in a collaborative manner.” One of the biggest obstacles owners face in this weak economy is initial price versus final cost. “We quote a price that stands up,” assures Hetland.“Our change orders for projects average under 1.5 percent compared to the industry average of greater than 5 percent. We do what we promise and follow up to be certain the building operates as intended. By helping our clients achieve their business objectives in a transparent manner, we become a trusted partner and advisor. Cogdell Spencer ERDMAN will continue to deliver the exceptional value that our clients have come to expect.” ■

Cogdell Spencer ERDMAN has been a member of the AGC of Wisconsin since 2004.

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MEMBER PROFILE

Specialty Contractor

North American Mechanical, Inc. (NAMI) orth American Mechanical, Inc. (NAMI) has been active in mechanical construction since 1974 and was first incorporated in 1983. In 1998 NAMI was purchased by Comfort Systems USA, Inc. (CSUSA), a publicly owned nationally recognized provider of HVAC systems and services. Through CSUSA, NAMI has gained access to the best practices of nationwide firms, national purchasing power, and high level training programs. NAMI’s commitment to quality and to customer service has resulted in consistent growth over the past 22 years. Today, NAMI is one of the largest HVAC Contractors in Wisconsin, providing more than 60 million dollars in annual HVAC related services over recent years. NAMI values its specialty contractor membership with the AGC of Wisconsin. Many AGC members are key clients of NAMI, without whom we would not be successful. We value the various training programs offered by the AGC, plus the lobbying done on behalf of our industry at the Federal and State levels. NAMI installs and services all types of commercial HVAC and other mechanical systems for customers across Wisconsin. NAMI’s project resume includes work in Tier III data centers, hospitals and clinics,

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BIM/HVAC Coordination Drawing – NAMI 2011

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Wisconsin Constructor® / Issue 1 • 2011

high-tech laboratories, universities and colleges, food production facilities, manufacturing and K-12 educational facilities. NAMI services include strategic planning, sustainable design, fabrication and installation, commissioning and training, maintenance and monitoring. NAMI also installs Building Automation Systems and has a complete Service Department. In 2010, NAMI added commercial plumbing services. NAMI embraces sustainable design and construction practices and believes that they are key to the future success of the industry. Over the past few years, NAMI and CSUSA have made significant commitments to sustainable practices. NAMI employs an energy specialist and offers numerous energy related services, including the tracking and benchmarking of existing energy usage, energy modeling for proposed buildings and systems, recommendations for energy conservation measures, building monitoring, scheduling and control. NAMI is a mechanical construction leader in Building Information Modeling (BIM) and Computer-Aided Design (CAD), utilizing 3D CAD coordination to ensure the success of our projects. The NAMI BIM team has over 75 years

of combined HVAC experience and utilizes the latest software and hardware tools, to provide the very best 3D and BIM solutions. Working safely is also a critical part of NAMI's success. NAMI maintains a complete health and safety program and has been consistently recognized for outstanding safety performance by AGC, Comfort Systems USA, and ABC. NAMI has had no OSHA violations in more than 10 years and currently has over one million hours worked without a lost-time incident for the 2nd time! NAMI has been installing Andover Controls for the past 14 years. The NAMI Controls team has 60 years of combined experience in the design, engineering and installation of Building Automation Systems, Lighting Controls, Card Access and CCTV. In-house prefabrication facilities at NAMI include over 50,000 square feet of automated shops staffed by 40 full time skilled tradesmen. NAMI staff can operate up to two shifts per day and utilize CAD/CAM integration, plasma cutting, an automated sheet metal coil line, automated spiral duct fabrication and certified robotic welding. From offices in Deforest and Appleton, the NAMI service department provides preventative maintenance programs, repair services, retrofits and remodeling projects as well as 24 hour per day, 365 day per year emergency service. For more information about North American Mechanical, Inc. please visit our website at www.naminc.com or call 608-241-4328. ■

NAMI has been a member of the AGC of Wisconsin since 2003.


deAr bArry,

Q

One of my jobsites just had a “surprise” visit from OSHA. While the inspection did not result in any fines, what should we do in the future to prepare?

d) Determine how confidential data or trade secrets will be handled. e) Outline the procedure for asking and answering questions during the visit. f) Determine the process for staging confidential interviews. g) Attempt to schedule the Closing Conference.

Employers should remember that OSHA compliance officials possess specific law enforcement powers. They are not quite like a “cop on the beat” who can arrest you and take you to jail, but they can and do obtain search warrants, seek complaints from the local District Attorney, and testify against you in front of the OSHA Appeals Board, or the criminal court trial.

A

Therefore, you should exercise extreme caution whenever an OSHA official appears at your worksite. This is even more important if an employee injury or death, or employee safety complaint is the reason OSHA is knocking. Be polite, respectful, and cooperative, but also be aware of and uphold your right to a fair inspection. The following steps outline a basic procedure that you should follow when OSHA does show up.

6. Conduct the inspection. Literally shadow the inspector. If the inspector takes a picture, you take a picture of the same thing. If the inspector enters a room, you enter the room. If the inspector studies something and makes a written note, you look at the object and make a written note of what you observed. 7. Actively participate in the closing conference. a) Discuss any and all findings of the visit. b) Request a verbal report from the inspector of any violations that require immediate correction. c) Ask the inspector directly if he or she is planning to issue a citation; if so, for what specific violations.

1. Know the process. Review these steps with your managers and supervisors. Remember, statements made to OSHA by ANY member of your company can and will be used against the company and/or its officers or agents in an enforcement action.

d) Determine the time for the next step in the process, including the specified "abatement" period which must be strictly adhered to.

2. Ask to see the Inspector's OSHA identification and attempt to determine:

There are three general outcomes to an OSHA visit, which by law take up to six months to be communicated to you.

a) the reason for the visit, b) the anticipated scope and duration of the visit, c) whether records will be reviewed, d) whether employees will be interviewed in private. 3. Immediately contact your Safety department and the person named as the "most responsible party" in your Safety Program. If the visit involves an employee injury or death, or OSHA has cited you within the past five years for ANY violation, you should consider contacting a member of your company’s executive management team. Ask the inspector to wait on the inspection until your company representative can be present. 4. Notify union representatives. Union representatives (among others) have a right to be present during the OSHA visit. OSHA will probably not begin the formal process (the Opening Conference) until the union is notified and accepts or declines the invitation to attend. 5. Actively participate in the opening conference. a) Attempt to learn the purpose and scope of the visit or inspection. b) Determine what the order of the inspection will be. c) Lay out rules for the inspection, including the safety rules that will be applied.

e) Do not express any opinion regarding the alleged violation during the closing conference.

a) A "Notice of No Violation" is received. This means that the inspector determined that the reason for the visit was not substantiated for the specific item the inspector was looking for. b) One or more citations arrive in the mail. Generally, the citation will provide a specific OSHA regulation section violated; its classification; and a brief description. If any of the violations are classified as Serious, Willful, or Repeat, or an employee injury or death was involved, the employer should seriously consider retaining specialized advisory counsel to represent its interests in the process. c) The local District Attorney's Office notifies the employer that a criminal complaint has been filed against it.

DO NOT TAKE AN OSHA VISIT LIGHTLY. Knowing the OSHA regulations that apply to your operations, maintaining a safe workplace, and knowing how to respond to an OSHA visit can literally mean the difference between a “Notice of No Violation” and criminal prosecution.

Have a Best Practices question for Barry? E-mail: BarryCade@agcwi.org Wisconsin Constructor® / Issue 1 • 2011

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MEMBER PROFILE

Associate Member

Schenck SC chenck SC is a full-service CPA and consulting firm serving mid-market businesses throughout Wisconsin and the Midwest. Schenck is very experienced at serving the real estate and construction industry, with more than 800 related clients (including some of the largest contractors in Wisconsin).

S

Specialized expertise to meet industry demands With approximately 500 employees serving clients from eight Wisconsin locations, Schenck provides our construction clients with not only accounting and tax services, but also specialized consulting and strategic planning to help them reach their goals for their business. To better serve the industry, Schenck has developed a real estate and con-

Steve Franke

Skip Grubanowitch

Bob Lange

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struction team comprised of professionals who understand the unique business needs of our clients in the industry. Each February, Schenck hosts a Real Estate & Construction Forum, attended by contractors, developers, real estate investors and other professionals. Presented by members of the real estate and construction industry team, the event provides important business and tax updates and is designed to help attendees stay competitive and improve profitability. In addition to audit, accounting and tax compliance services, Schenck’s professionals add value to our contractor clients in many ways: job costing and burden analyses, surety financial statement analyses, technology support and information system integration, merger and acquisition assistance, payroll

Chad Zeller

Wisconsin Constructor® / Issue 1 • 2011

Corey Kolbe

preparation and filing of quarterly payroll tax returns, estate and trust planning, investment management, business valuations, and more. The firm’s specialized tax consulting expertise includes providing guidance relating to sales and use tax issues, multi-state tax planning, cost segregation studies on newly-constructed buildings, and property tax consulting. As a result of this depth of experience serving the industry, we’re able to provide special insight, share best practices, and help clients develop industry connections that help them grow their business. Schenck has been a member of AGC of Wisconsin for more than 20 years.“A number of our clients are AGC members, and we’re proud to support AGC of Wisconsin as an associate member of the organization. We value the opportunity to learn from AGC’s educational events and publications. AGC of Wisconsin provides members of our real estate and construction team with the chance to learn about the industry, hear firsthand about the business challenges contractors are facing, and as a result be better advisors to our clients,” said Corey Kolbe, CPA, MST, shareholder and co-leader of the real estate and construction industry team. Visit www.schencksc.com/construction for more information about Schenck and how we can help your business. ■

Schenck has been an Associate Member of the AGC of Wisconsin since 1990.


MEMBERSHIP General Contractors ACS, Inc. Alfredson Bros. Construction Co., Inc. Bacco Construction Company Bachmann Construction Co., Inc. Bauer & Raether Builders, Inc. Blue Sky Contractors, LLC Oscar J. Boldt Construction Co. The Boson Company, Inc. Camosy Incorporated Capitol Underground, Inc. Community Living Solutions LLC J.P. Cullen & Sons, Inc. Dane County Contracting, LLC Dell Construction Co., Inc. Ellis Stone Construction Company, Inc. Marshall Erdman & Associates Paul V. Farmer, Inc.

J.H. Findorff & Son Inc. Fowler and Hammer, Inc. Ganther Construction, Inc. Gorman & Co., Inc. Gundlach Champion, Inc. Hamann Construction Company Hammersley Stone Company Hoffman, LLC Holster Construction, Inc. IEI General Contractors, Inc. Ideal Builders, Inc. Howard Immel Inc. Klobucar Construction Company, Inc. Kraemer Brothers, LLC Kraus-Anderson Construction Co. Lunda Construction Company Magill Construction Company, Inc.

Market & Johnson, Inc. Maryville Construction Company, Inc. McCabe Construction, Inc. McGann Construction, Inc. McKee Associates, Inc. McMullen & Pitz Construction Company C.R. Meyer and Sons Company Miron Construction Company, Inc. The OCI Group Parisi Construction Co., Inc. Peter Nelson & Sons, Inc. Progressive Construction Services, LLC Quasius Construction, Inc. Rasch Construction and Engineering, Inc. Riley Construction Company, Inc. Rossi Construction Co., Inc. Ruzic Construction Co.

The Samuels Group, Inc. Scherrer Construction Company, Inc. The Peter Scherrer Group Jos. Schmitt & Sons Const. Co., Inc. The Selmer Company Sjostrom & Sons, Inc. C.D. Smith Construction, Inc. Speedway Sand & Gravel, Inc. Staab Construction Corporation Stevens Construction Corp. Kenneth F. Sullivan Co. Tri-North Builders, Inc. Urban Construction Administration, Inc. Vogel Bros. Building Co. Vonasek & Schieffer, Inc. Frank O. Zeise Construction Company, Inc.

C&S Construction, Inc. Ceco Concrete Construction Central Ceiling Systems, Inc. Coppens Metal & Roofing Corner Stone Construction of Janesville, Inc. Crowley Masonry DHO Mason Contractors, Inc. Paul Davis Restoration & Remodeling E&A Enterprises, Inc. Faith Technologies, Inc. Falcon Drilling & Blasting, Inc. Forward Electric, Inc. Gauthier & Sons’ Construction, Inc. Howard Grote & Sons, Inc.

H&H Group Holdings, Inc. H&H Industries, Inc. Hagen Decorators, Inc. & North Central Insulation Marshall Hanes Steel Erectors, Inc. Hasheider Roofing & Siding, Ltd. Hillcraft Ltd. Hooper Corporation Hurckman Mechanical Industries, Inc. Klein-Dickert Co., Inc. Lewis Construction Inc. FJ Lincoln Madison Crushing & Excavating Co., Inc. Madison Gas & Electric Company Martell Construction, Inc.

H.J. Martin & Son, Inc. Middleton Construction Middleton Insulation Systems, LLC Monona Masonry, Inc. Monona Plumbing & Fire Protection, Inc. Neuman Pools, Inc. North American Mechanical, Inc. Northern Electricians, Inc. Omni Glass and Paint, Inc. Ostrenga Excavating, Inc. H.J. Pertzborn Plumbing and Fire Protection Corp. Prairie Plumbing & Heating, Inc. Pro-Foamers, Inc. Quality Erectors & Sheeters, Inc.

Specialty Contractors A&A Environmental, Inc. Acme Construction Metals, Inc. J.F. Ahern Co. Appleton Lathing Corporation Applied Ecological Services Architectural Products of Wausau, Ltd. August Winter & Sons, Inc. Austad & Son, Inc. Badger Swimpools Inc. Badgerland Metal Building Erectors, Inc. Balestrieri Environmental & Development, Inc. Bartingale Mechanical, Inc. Bassett Mechanical Bollig Lath & Plaster Co., Inc. Braun Corporation

Continued on next page.

Wisconsin Constructor® / Issue 1 • 2011

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Specialty Contractors (continued) Quality Insulators, Inc. F. Radandt & Sons Inc. Robinson Brothers Environmental, Inc. Rockwell Group, Inc. Rohde Brothers, Inc. SPE, Inc. Terra Engineering & Construction Corporation Don Theobald Masonry Tri-City Refrigration, Inc. Tweet/Garot Mechanical, Inc. Van Ert Electric Co., Inc. Veit, Inc. Ver Halen, Inc. Wall-Tech, Inc. Wallcovering One WI, LLC Westphal & Co., Inc. Zander Insulation/Solutions

Associate Members AON Risk Services of Wisconsin Aerotek Akerman Senterfitt Wickwire Gavin Allied Insulation Supply Allstar Financial Group American State Equipment Company, Inc. A. N. Ansay & Associates, Inc. Arch Insurance Group Axley Brynelson, LLP Badgerland Supply, Inc. Baker Tilly Benes & Krueger, S.C. Block Iron & Supply Company Blueprints, Inc. The Bruce Co. of Wisconsin Brunsell Lumber & Millwork CNA Surety Corporation Chubb Group of Insurance Companies Clifton Gunderson LLP Cobb-Strecker-Dunphy & Zimmerman, Inc. Construction Data Services Construction Resource Network Construction Risk Associates, Inc. County Materials Corporation Cygnus Business Media The Daily Reporter Dawes Rigging & Crane Rental DeWitt Ross & Stevens DirectNetworks, Inc. Discher Architectural Millwork ECS Illinois, LLC Endres Manufacturing Company Scott Engroff, LCC Enterprise Fleet Services Fabco Equipment, Inc. Farrell Equipment & Supply Company, Inc. Fond du Lac Express, Inc. The Forker Company Gallagher Construction Services Gerdau Ameristeel–Appleton Grant Thornton LLP Accountants & Business Advisors Hatch Building Supply Hausmann-Johnson Insurance Hayden Murphy Equipment/Hausmann Insurance John Heugel, Attorney at Law Hilb Rogal & Hobbs Ideal Crane Rental, Inc. Iron Planet Janesville Brick & Tile Janesville Sand & Gravel Company Johnson Insurance Services J.J. Keller & Associates Kelly Financial Kendell Doors & Hardware, Inc.

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Komisar & Spindler, S.C. Krukowski & Costello, S.C. LaForce, Inc. Lakes Brick & Block, LLC LarsonAllen Lee, Kilkelly, Paulson & Younger, S.C. Liberty Mutual Surety Lincoln Contractors Supply, Inc. Lindner & Marsack M3 Insurance Solutions, Inc. Manitowoc Cranes, Inc. MasterGraphics McCarty Law LLP McElroy Metal Inc. McFarlane Manufacturing Company, Inc. McGraw-Hill Construction Melli Law, S.C. Michael Best & Friedrich LLP Murphy & Desmond, S.C. The Murphy Group Insurance National Construction Rentals Neenah Foundry Company Nimsgern Steel Corp. North East Wisconsin Precast O’Neil, Cannon, Hollman, DeJong S.C.

Wisconsin Constructor® / Issue 1 • 2011

Park Bank Penta Technologies, Inc. Quarles & Brady, LLP R&R Insurance Services, Inc. RJF Agencies, Inc. RSM McGladrey Reynolds Crane Service River Steel, Inc. J. Ryan Bonding, Inc. Safe-Con, LLC Sand Source Services, US Schenck Business Solutions Schwarz Insurance Security Insurance Slack Attack Communications Smith & Gesteland, LLP Spancrete Inc. Spider Staging LLC Stetson Building Products SVA Construction Services Temp-Air, Inc. Travelers Truck Country Vander Bloemen Group LLC Verona Safety

WK Construction Co. Inc. T. Wall Properties Whyte Hirschboeck Dudek, S.C. Wilderness Development Wingra Stone Company—Wingra RediMix, Inc. Wipfli LLP Woodworks Zurich

Interested in becoming a member? Contact Laura Cataldo at the AGC of Wisconsin office for membership information: 608-221-3821 cataldo@agcwi.org


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INDEX TO ADVERTISERS American State Equipment ............................. Balestrieri..................................................... General Heating and Air Conditioning Inc....... Hooper Corporation...................................... Hurckman Mechanical Industries, Inc............... Ideal Crane Rental, Inc. .................................

4 IBC IBC IBC 5 IFC

J.F. Ahern Co................................................ 7 Lycon Inc...................................................... 7 Middleton Insulation Systems .......................... IBC M3 Insurance & Business Solutions ................. 7 Pro-Foamers, Inc. .......................................... IBC Stetson Building Products ............................... IBC

Tweet/Garot Mechanical, Inc. ........................ 18 Vogel Bros. Building Co................................. 6 Wall-tech, Inc. .............................................. 17 Wall-tech, Inc. .............................................. BC


2011 Wisconsin Constructor Issue #1  

Associated General Contractors of Wisconsin's official quarterly publication