2018 Spring 2018 Cornerstone AGC NYS

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OFFICIAL PUBLICATION OF THE ASSOCIATED GENERAL CONTRACTORS OF NEW YORK STATE SPRING 2018

AGC NYS WELCOMES HOWARD ROWLAND EW HOWELL CONSTRUCTION GROUP 2018 AGC NYS CHAIRMAN AGC NYS ANNOUNCES PARTNERSHIP WITH TOTAL SAFETY CONSULTING PAGE 46

MEET THE 2018 AGC NYS BOARDS PAGES 22-25


2018 AGC NYS Officers Howard Rowland, Chairman (B) | E.W. Howell Co., LLC Jim O'Brien, Jr., Vice Chairman (H) | Bothar Construction, LLC Barry Fries, Treasurer (B) | B.R. Fries & Associates, LLC Joseph K. Posillico, Secretary (H) | Posillico, Inc. Tom LePage, Building Board of Governors Chairman | Barr & Barr Inc. Chip Stephenson, Highway Board of Governors Chairman | BVR Construction Company, Inc. Jeff DiStefano, Immediate Past Chairman (H) | Harrison & Burrowes Bridge Constructors, Inc. AGC NYS Staff Michael J. Elmendorf II, President and CEO Sarah Hill, VP, Transportation & Technical Services Joe Hogan, VP, Building Services, CDT Dennis Kiefer, Member Services Director Bryanna Kiselauskas, Administrative Assistant Brendan Manning, VP, Education and Environment Cathy Newell, VP, Operations Walter Pacholczak, VP, Government Affairs Carla Plankenhorn, VP, Finance Brooke Rayder, Director of Communications Jim Redmond, Safety & Health Services Director Michael Wood, Data Specialist Contact us AGC NYS 10 Airline Drive, Suite 203 Albany, NY 12205 (518) 456-1134 www.agcnys.org The AGC NYS is always looking for good action photos of those in the building and construction industry. Please provide full identification of all individuals in the photograph and e-mail them to: brayder@agcnys.org.

Message from AGC NYS Chairman........................................... 6-7 Message from President & CEO............................................. 10-11 Around the Industry............................................................14-15, 18 Celebrating Karen Morrison..............................................................19 2018 AGC NYS Board of Directors........................................ 22-23 2018 AGC NYS Building Board of Governors..........................24 2018 AGC NYS Highway Board of Governors.........................25 2018 Winter Meeting Review.................................................. 28-29 Education & Student Chapters.....................................................32 Where Are They Now - FCL Alumni.............................................35 Member Services................................................................................38 Welcome New Members.......................................................... 40-41 Affinity Member Spotlight.............................................................42 AGC NYS Annouces Partnership with TSC...............................46 Guest Column: Total Safety Consulting............................. 48-49 Safety Services............................................................................. 50-51 Building - AGC NYS in Your Corner.............................................54 Engineering Matters.................................................................. 58-59 Government Affairs...........................................................................62 Thank You..............................................................................................66 Events & Training................................................................................68 Advertisers Index...............................................................................70

FEATURES 22-25

Meet Your 2018 AGC NYS Boards

32 Education When Was the Last Time You Reached Out to a Student Chapter? by Brendan Manning 50

Safety Services AGC NYS Staff and Members Conduct Outreach Safety Training for AGC NYS Student Chapters by Jim Redmond

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Building - AGC NYS in Your Corner Do We Really Need a Law? by Joe Hogan, CDT

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Engineering Matters "The Biggest Little Shoes to Fill" by Sarah Hill

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Government Affairs Eleven Special Elections Scheduled on April 24 by Walter Pacholczak

NEWS ONLINE ... The Cornerstone current and past issues can be accessed online at http://www.agcnys.org. AGCNYS.ORG | AGC NYS CORNERSTONE SPRING 2018

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AGC NYS Announces Partnership with TSC to Host 'Keeping NYC Safe' Educational Workshops and Offer Members Additional Discounts on Services

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he Associated General Contractors of New York State (AGC NYS) and Total Safety Consulting, LLC (TSC) have announced a collaborative agreement to provide the digital presentation, tools, resources, and educational materials for ‘Keeping NYC Safe’ Educational Workshops in addition to discounts on safety services for all AGC NYS members. The partnership between AGC NYS and TSC is aimed at fostering common goals between the organizations to provide the construction industry with beneficial tools and resources they have come to expect as AGC NYS members and clients of TSC. All AGC NYS members will receive a 10% discount for all products and services from Safety Supplies Unlimited, LLC. (SSU), an affiliated company of TSC. TSC Training Academy (TSCTA), an affiliated company of TSC will also offer a 15% discount to all AGC NYS members.

The AGC NYS - TSC partnership with a 15% discount on training is potentially a $400 savings PER PERSON annually for typical training needs for AGC NYS NYC General Contractors.

“AGC NYS members represent the best of New York’s construction industry, and for them safety is a top priority,” said Mike Elmendorf, President & CEO of AGC NYS. “Collaborating with TSC, a leader in construction safety, will help us further our commitment of providing members with the tools and resources they need to navigate the construction safety challenges confronting our industry— allowing them to build safer.” “For more than 20 years, TSC has been dedicated to improving construction safety and providing our clients

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with the resources they need to navigate the complexities of building in New York. TSC provides innovative safety solutions, such as safety consulting, highly-skilled safety professionals, safety equipment and extensive training all aimed at making jobsites more productive by preventing injuries, accidents and eliminating the needless delays and costs caused by them,” said Jim Bifulco, Managing Member of Total Safety Consulting, LLC. “We are thrilled to team up with AGC NYS and bring its members a variety of resources such as safety training, discounts on safety supplies and incredibly important educational seminars all geared at helping construction companies prevent injuries and accidents making jobsites safer.” For the first session of the ‘Keeping NYC Safe’ Educational Workshops series, TSC safety personnel, Director of Field Operations, John Connolly and Director of Plans & Logistics, Peter Simon offered guidance, suggestions and professional direction at the first educational workshop in the Breakfast Series themed, “NYC DOB is at my Jobsite, Now What?” on March 27 at The Downtown Association in NYC. The workshop was the first of many sold-out collaborations to come. For more information about the AGC NYS partnership with TSC, contact Dennis Kiefer, AGC NYS Member Services Director at dkiefer@agcnys.org, or (518) 456-1134

AGC NYS CORNERSTONE SPRING 2018 | AGCNYS.ORG


AGCNYS.ORG | AGC NYS CORNERSTONE SPRING 2018

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5 Must Know Items New Safety Training Law 196 Peter Simon, Safety Consultant & Risk Manager, Total Safety Consulting, LLC.

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s of the date of this writing, some details regarding the new safety training requirements (NYC Local Law 196 of 2017) are still being fleshed out. The following information represents the most current information publicly available.

#1 – Don’t Waste Money, Internet Training Is Often Not Acceptable There has been misinformation spread throughout the construction industry, some internet-based training providers are falsely claiming that their internet-based OSHA training is approved by NYC DOB for the purposes of the new safety training requirements. These claims are not only false, but they are misleading workers into potentially wasting their money on training that is currently not approved. NYC DOB has put out fact sheets and stated on multiple occasions that online training that occurred on or after October 16, 2017 will not be accepted unless it was “actively proctored”. What does actively proctored mean? The law states that “while such training is being conducted the site of such training is actively observed by or on behalf of the person responsible for conducting such training”. Some providers have misled workers by claiming their internet training is approved by NYC DOB and that their internet authentication satisfies the definition of “actively proctored” and is approved by NYC DOB. This information has been confirmed as false, and NYC DOB has stated on several occasions that there are Currently NO NYC DOB approved online training systems that satisfy the actively proctored requirement. People involved in the legislative process have commented that their legislative intent was to have a person/proctor in the room where the training is occurring to verify the identity of the person taking the training.

#2 – Five Year Training Look Back Window NYC DOB has publicly stated at their information sessions that there is a five-year lookback window on training previously received, including 100-hour apprenticeship programs. The training law also contains five-year lookback language. This generally means that training received more than five years prior to the application for

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a Site Safety Training Card or more than five years prior to a phase of implementation, will not be recognized by NYC DOB as satisfactory under the new training requirements.

#3 – Three Phases of Training Implementation The training requirements call for three phases of implementation with staggered dates. In addition to the staggered dates, phases two and three contain provisions whereby NYC DOB can push back the implementation dates if training capacity is deemed insufficient. First Phase - By March 1, 2018, all workers must have received a minimum 10-hour OSHA class or 30-hour OSHA class or 100 hour-training program approved by NYC DOB. Second Phase - By December 1, 2018 or June 1, 2019 (if the Department determines that there is insufficient capacity to provide training), workers must have at least a Limited Site Safety Training Card, which includes a minimum 30 hours of training. The options to satisfy the training requirement include a 10-hour OSHA class and 20 additional training hours specified by the Department, including eight hours of training related to safeguarding against the dangers posed by falling workers and objects; or a 30-hour OSHA class or a 100-hour training program approved by NYC DOB. Third Phase - By May 1, 2019 or September 1, 2020 (if the Department determines that there is insufficient capacity to provide training), workers must have a Site Safety Training Card, which means that they have been fully trained. Supervisors will be required to have a Site Safety Training Supervisor Card, which means they have been fully trained. New entrants to the construction industry may begin working with a Temporary Site Safety Training Card which is non-renewable and expires six months after issuance (requires completion of a 10-hour OSHA class).

#4 – Specific Curriculum Being Established by NYC DOB NYC DOB will finalize the exact training curriculums after receiving recommendations from a Safety Training Task Force composed of appointees from the Mayor & Speaker of the NYC Council. The law contains a list of possible safety training topics, the following is what is currently public information on the curriculum frame work.

AGC NYS CORNERSTONE SPRING 2018 | AGCNYS.ORG


There are three options for receiving a Worker Site Safety Training Card, the card expires after five years and can be renewed upon completion of eight hours of training specified by NYC DOB. Training Options: A) An OSHA 10-hour class and 30-45 of additional training hours specified by the NYC DOB, including eight hours of training related to safeguarding against the dangers posed by falling workers and objects; or B) An OSHA 30-hour class and 10-25 additional hours of training specified by the NYC DOB, including eight hours of training related to safeguarding against the dangers posed by falling workers and objects; or C) a 100-hour training program approved by DOB (such as training received through an apprenticeship program). The Supervisor Site Safety Training Card expires after five years and is renewable upon completion of 16 hours of additional training specified by NYC DOB. The required supervisor’s curriculum will require between 60 and 75 hours of safety training.

#5 – Penalties As previously noted, the initial implementation date that could lead to NYC DOB penalties tolled on March 1, 2018. Civil penalties will go as high as $5,000 per untrained worker. Additionally, the penalties will be applied to multiple parties. Per untrained worker, the owner of the site, the permit holder and the employer of the untrained worker (if the worker is not the employee of permit holder) will each receive penalties, up to $5,000. Additionally, if DOB discovers a permit holder has failed to maintain a daily training log demonstrates workers have received required safety training, the NYC DOB can issue a violation with a civil penalty of $2,500. NYC DOB has stated that they are in the process of revising 2017_MH&H_AGC_construction2_ad_cameraready.indd the Work Permit Application Form (PW2) and permit applicants will be required to certify to NYC DOB that workers working under the permit will have the requisite safety training. Although some details are still being fleshed out, the training requirements are beginning to take shape. Don’t fall victim to NYC DOB training penalties, make sure your site is trained and compliant with the new Site Safety Training requirements.

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Peter Simon, CSP is a safety consultant & risk manager in NYC & Miami, FL with Total Safety Consulting, LLC. He is a former firefighter and Certified Safety Professional. AGCNYS.ORG | AGC NYS CORNERSTONE SPRING 2018

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