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Improving Your Construction Workers’ Safety Attitude

Improving Your Construction Workers Safety Attitude

Globally, the construction industry is recognized as one of the most hazardous work environments. You may have the best jobsite safety program in the world, but without the commitment of your workers, it’s little more than words on paper—and words alone can do little to prevent accidents and injuries. Consider the following simple ways to improve your team’s safety attitude today.

Talk about safety every day. The more you reiterate the importance of safety and encourage your team—from entry-level workers to management—to discuss it, the more invested they will become in keeping your jobsite safe. You might do this by starting the workday with a brief safety review meeting or quizzing your workers on safety issues as you tour the jobsite.

Encourage safety suggestions. No one knows the jobsite better than the workers who spend their days there. Encourage them to report potential issues and recommend ways to make their jobs—and the jobsite—safer. You might do this by creating a reward program for workers who proactively implement improvements or eliminate safety risks.

Take safety actions promptly. You want your employees to care about safety, so show them it’s your top priority as well. Whenever they notify you about hazards, act promptly to correct the issue. This goes for minor safety problems as well as larger, more dangerous ones. Never ignore their reports, even if remedying the situation will put you behind schedule or otherwise disrupt work on the jobsite.

Invest in safety training. Sure, training new construction workers on jobsite safety—and periodically re-training old ones—takes time that could be spent on actual work. However, well-trained employees are more than worth it: they’ll have good safety attitudes, make safety a priority, and ultimately help you avoid expensive jobsite accidents and injuries.

Reward safe workers. While you should always be on the lookout for workers who are violating jobsite safety rules, it’s equally important to catch them in the act of following the program. Praise safe performance of duties frequently and loudly. Make safety a key component of annual performance appraisals, and consider tying jobsite safety compliance into raise and promotion decisions.

Set a positive example. Make sure your jobsite managers always set positive safety examples—both in actions and attitudes—for the rest of your workers. Workers will emulate the behavior of their supervisors, safe or otherwise.

The success of your construction company depends directly on the attitudes of your employees towards their own safety and that of their coworkers. We hope these suggestions help you make meaningful improvements in that regard. Please don’t hesitate to contact us for a jobsite safety program review or additional assistance.

OSHA Quick Start Tool for Your Construction Business

OSHA Quick Start Tool for Your Construction Business

Whether you’re starting a new construction business or have been working in the industry for decades, learning more about preventing jobsite injuries and maintaining Occupational Safety and Health Act compliance is now easier than ever. The Compliance Assistance Quick Start tool at www.osha.gov will walk you through major OSHA requirements for employers in the construction industry. The topics covered include the following:

Step 1– OSHA requirements relating to leading hazards on construction sites. These include falls (which account for the greatest number of fatalities in the industry), stairways and ladders, scaffolding, electrical, trenching and excavation, motor vehicle safety and highway work zones.

Step 2 – Other OSHA requirements that may apply to your jobsite. These include personal protective equipment; hand and power tools; concrete and masonry products; cranes, derricks, hoists, elevators and conveyors; welding, cutting and brazing; residential construction; steel erection; fire safety and emergency action planning; and hazard communication standards.

Step 3 – Surveying your jobsite for other hazards. In this step, you’ll learn how to use construction safety checklists and review OSHA’s health and safety bulletins. In addition, you can find information on asbestos, asphalt fumes, carbon monoxide, distracted driving, hazardous and toxic substances, heat, lasers, lead, occupational noise, silica and toxic metals.

Step 4 – Developing a jobsite safety and health program. OSHA requires construction employers to put accident prevention programs in place, including frequent inspection of jobsites, materials and equipment by qualified professionals. This step will link you to online OSHA resources that can help.

Step 5 – Training your employees. Resources include specific OSHA construction training standards, the training and reference materials library, OSHA videos on reducing construction hazards, and general safety and training requirements.

Step 6 – Recordkeeping, reporting and posting. If you have more than 10 employees, you’re required to keep records of jobsite illnesses and accidents. At this step, you can review brochures on recordkeeping and associated regulations. You will also learn about posting OSHA posters, reporting work-related deaths and hospitalizations, and maintaining employee exposure and medical records.

Step 7 – Additional compliance assistance information. From OSHA resources for smaller employers to voluntary programs and Spanish-language resources, the final step in the Compliance Assistance Quick Start tool provides links to other resources construction business owners should find helpful in understanding OSHA requirements.

While it is definitely helpful as an overview, keep in mind the Compliance Assistance Quick Start tool is not comprehensive. It’s intended to provide initial guidance materials, not replace the in-detail assistance you can receive from a free on-site consultation with a compliance assistance specialist through the OSHA On-Site Consultation Program.

How to Become a Green General Contractor

How to Become a Green General ContractorFor those who are interested in becoming green general contractors, it is important to follow the right steps to become certified. Since every contractor must have a state-issued license, individuals should contact their state’s contractor licensing division. People who do not yet have their licenses can review specific state guidelines by visiting the NASCLA’s site at www.nascla.org.

The next step is to satisfy all state requirements. In some states, a bachelor’s degree is required in order to receive a license. While some states do not have this requirement in place, it is still helpful for individuals to have four-year degrees in order to make themselves more marketable. Contractors usually have degrees in physics, engineering, math or similar areas. Some states may also require applicants to have several years of practical work experience. This means people who have worked for several years as construction workers, carpenters or in other positions may apply in some states. After satisfying all state requirements, applicants must take and pass the state test.

Green Building License

Contractors who are interested in green certification should spend some time familiarizing themselves with national accreditation options. In order to become certified, training in one of the national accreditation programs is required. BPI (Building Performance Institute) and LEED (Leadership in Energy and Environmental Design) are the most popular choices. The extra training helps contractors learn about state funding incentives for homes and businesses using green improvements. Programs are designed to give contractors a broad knowledge base of various tasks. However, some programs focus mainly on one or more areas.

After choosing a training program and completing it, contractors must take BPI or LEED exams. Some contractors may take several courses. There is no right or wrong choice, so contractors should pick one or more areas that interest them or relate to their type of business. It is also important to consider local needs. For example, solar power may be more popular in the Southwest than it is in the Northwest. Some common specialization choices include retrofit or rehabilitation, energy audits, lighting systems, solar or photovoltaic panel installation, heating systems and cooling systems.

After completing a course and taking the related exam, it is important to research what kind of continuing education is required. Continuing education is necessary for retaining a green certification. Once the training and tests have been completed, contractors should begin looking for suppliers of green materials. The key to finding such suppliers is to look locally or nearby. Importing materials uses natural resources, which can be counterproductive to the cause of going green. Look for recycled materials and items that are made with non-toxic paint.

The last step is advertising and finding clients. Advertising with the local chamber of commerce is a good way to start. Contractors may also check with the U.S. Green Building Council to advertise with a local chapter. For more information about green certification and insurance, discuss concerns with an agent.

 

Talk to a Commercial Property Specialist about Green Insurance

Green Insurance

Developed in 1998 by the U.S. Green Building Council, the Leadership in Energy and Environmental Design (LEED) Green Building Rating System established standards for the design, construction and operation of new and renovated green buildings. Since then the popularity of environmentally friendly design has skyrocketed. According to McGraw-Hill Construction’s 2013 Dodge Construction Green Outlook report, analysts expect the value of commercial and residential green building to reach $106 billion, a substantial increase from $10 billion in 2005.

By 2016, they expect green building will account for 55 percent of all commercial and institutional construction projects as well as 38 percent of single-family residential construction. Of course, as the demand for green building increases, the risks associated with constructing LEED certified structures will continue to evolve. Consider the following issues for which you may not have adequate coverage under a traditional insurance policy.

Construction Defect Issues

LEED certified buildings often use new techniques and systems to achieve their green status. Features like wind turbines, fuel cells and vegetative roofs are so new that they are still relatively unproven. This means you’re facing unknown potential construction defect risks.

Performance Issues

If you promise a client that the construction project you’re working on will meet LEED standards or attain a certain LEED certification level (ranging from certified to platinum), you could be liable if the finished building does not deliver on that promise.

Recertification

Should your construction project incur a loss—due to fire, wind, theft or vandalism, for example—you will need to have it recertified. This can be quite expensive.

Restoration

The cost of restoring LEED buildings is more expensive than that of regular construction. For example, a traditional property insurance policy will cover the cost of rebuilding a structure using traditional construction methods. In the case of a LEED certified building, many of the materials and techniques used are more costly and may not be covered.

With an ever-increasing focus on energy efficiency and environmentally friendly materials, it is likely green building is more than a passing trend. Talk to your commercial property specialist about “green insurance” and appropriate riders to ensure your LEED certified construction projects have adequate protection.

Five Tips for Hiring Top-Notch Construction Employees

Five Tips for Hiring Top-Notch Construction Employees

According to a January USA Today article, construction hiring is surging. While the industry has yet to recover all of the 2.2 million jobs it lost between 2006 and 2010, construction gained jobs at more than twice the overall labor market’s rate in 2014. That’s good news for construction workers and employers like you—unless urgent needs for more laborers cause you to take chances with your hiring process, haphazardly selecting employees who may be less than top-notch.

Before you add another carpenter, electrician, insulation installer, heavy equipment operator, plasterer, ironworker or other construction laborer, consider these tips for making sure they’re all the best of the best.

  1. Consider laborers from other industries. Attitude is often a reliable indicator of potential for success. If you encounter a potential construction employee who has an excellent, positive attitude and willingness to work hard for the opportunity you’re offering, he is worth consideration—even if he has little to no actual experience. You can always train someone in the skills necessary for the position.
  1. Make good use of prescreening interviews. A 10- to 20-minute telephone interview can reveal a lot about a potential construction job candidate. Use the time to confirm the details your candidate has provided in his application as well as explore his career goals. Even the best welder in the business may not be the right choice for you if he intends to retire, go back to school, or change careers in six months.
  1. Use pre-employment assessment tests. In many industries—including construction—employers use online tests to assess candidates’ cognitive abilities, personalities and motivation. The results of these tests can help you choose laborers, office staff and sales professionals who are diligent, reliable and will perform well in their chosen job.
  1. Check references carefully. Take the time to contact your candidate’s former bosses before extending a construction job offer. Don’t limit yourself to the references your applicant has provided. It’s often wise to reach out to the foremen and supervisors who were not included. Especially in cases in which a potential employee is trying to hide something, these parties may give you a more accurate assessment of past performance.
  1. Create an employee referral program. Studies have shown that referred employees are generally a better cultural fit and stay with their new employer longer than workers sourced through other means. Encourage your best workers to refer their friends by offering a cash bonus or other reward if their recommended worker is hired and performs well for a pre-determined amount of time.

Some Considerations to Avoid Pneumatic Tool Dangers

Construction Site Safety: Some Considerations to Avoid Pneumatic Tool Dangers

Pneumatic tools are industrial equipment powered by compressed air. These tools include air powered guns, staplers, chippers, drills, scalers, grinders, air ratchets, nibblers, jackhammers, sprays, sanders, and others. A hose channels the compressed air into the tools.

Pneumatic tools are so risky that construction site safety measures must be observed when using them. Reading the manufacturer’s manual on how to use the tools will also help avoid risks.

The main danger these tools pose is getting hit by the accidentally detached hose and hose fastener. Getting hit by accidentally detached tool attachments and fragments is equally dangerous.

Some things should be considered before using pneumatic tools for construction site safety purposes. Always wear safety protectors such as safety goggles or glasses and face shields. This is to protect your eyes from flying fragments accidentally detached from staplers, riveting guns, chippers, or air powered drills.

Wearing safety boots is also important. Some pneumatic tools are heavy and handlers may accidentally slip or fall.

Noise level is high when using pneumatic tools. It is due to the exhaust air discharged at the tools. Most of the time, these tools are not muffled and are noisier than electric-powered tools. Long exposure to these tools may cause hearing damage. It is appropriate to always wear effective hearing protection or install mufflers on the tools.

In reality, the hose is more dangerous than the pneumatic tools. When the air hose is accidentally severed or is detached from the tool, it may violently whip around, hitting anything nearby, including the workers.

To avoid incidents of violently whipping hose, the air hose must be securely connected into the tool. Positive locking devices and short wires can securely fasten the hose into the tool. Install safety excess flow valves at the air source when using a half-inch diameter air hose. This will help reduce the pressure when the hose fails. Workers must pay attention to the air hoses laid across the walkways to avoid tripping.

Here are other construction site safety tips on using an air hose.

  • Use correct-size hoses that fit in the pneumatic tools.
  • Hoses must be resistant to cutting, abrasion, crushing, continued flexing, etc.
  • Check the hoses regularly and replace them if they have defects such as abrasions, cuts, bulges, etc.
  • Always test the hose before attaching it to the tool by blowing out the airline.
  • Follow hose manufacturer’s rate on the pressure capacity of the hose.
  • Do not carry tools by their hoses. Hold the hoses and the tools with both hands, if possible.

Some pneumatic tools tend to break and send fragments flying. Chipping hammers are a good example, as these are attached to chisels. The chisels are sometimes ejected and may hit someone in the workplace. Install retainers or clips to secure the chisels in the chipping hammers.

For construction site safety, never point the muzzle of tools that shoot fasteners like nails, staples, rivets, etc. at anyone. These tools apply pressure above 100 pounds per square inch. They may not hold such pressure and may accidentally shoot. Always turn them off when not in use. Equip them with a special device to keep the fasteners from being accidentally discharged.

This is also true with sprayers. Spray guns must be equipped with a safety device that locks the trigger. With this lock, the spray gun should only spray fluid when the safety device is released.

Another hazard the pneumatic tools present is fatigue. This is typically true with heavy jackhammers. It is advisable to always wear rubber grips to have a secure hold onto heavy tools. Efficient gripping prevents more fatigue.

For construction site safety, here are other things to consider before using pneumatic tools.

  • Post warning signs to let other workers in the workplace know the possible hazards they should avoid in that particular area.
  • Tools must be regularly cleaned and lubricated.
  • Do not use tools that you think are about to break or fail. Replace them if possible.
  • Never use attachments from other sources. Stick to the attachments approved by the tool manufacturer. This is to ensure compatibility of tools and attachments, thus avoiding possible operation failure.

Aside from the hose and pneumatic tools, consider also the air used to power the tools. Compared to electrical tools, compressed air is less-regulated. It may flow exceedingly and may cause tool breakage. To avoid breakage, always adjust the air pressure to the pressure capacity of the hose and tools.

Here are the things to consider for the air supply of the tools.

  • Air supply must be dry and clean. Air with dust, corrosive fumes, or moisture will eventually cause damage to the tools.
  • Use filter and lubricators to have a steady supply of clean air to the tools.
  • Always wear rubber gloves when using pneumatic tools to protect your hand from any possible effect of compressed air.

Construction site safety relies on the proper use of the tools. Never ignore the instructions provided by tool manufacturers. For more safety measures contact us today.

Could Your Employee Discipline Policy Get You Sued?

Could Your Employee Discipline Policy Get You Sued?

Whenever you need to replace someone leaving your construction team, or add workers so you can take on additional projects, you make the best hiring decisions you can. You run background checks and call references. You interview each candidate carefully. Yet, there are times when a new employee just doesn’t work out. Maybe he is excessively tardy to the jobsite. Perhaps she refuses to follow directions. Whatever your reason for letting a worker go, an employee discipline policy is necessary to protect your company from wrongful termination charges. However, if you want it to do so effectively, you cannot make any of these disciplinary mistakes.

Discipline without a written policy – Unless you’ve clearly laid out your company’s discipline policy in written form, and distributed it to your workers, it will be all too easy for an employee to claim you unfairly disciplined or wrongly terminated him. Include your disciplinary policy in your employee handbook, however, and you’ll protect yourself from future lawsuits. It should clearly outline disciplinary procedures and the types of actions that will lead to progressive punishments or instant dismissal.

Disciplining “whistleblowers” – The Occupational Safety and Health Act protects workers who report employer violations of OSHA statues. If you discipline a worker who has previously reported issues at your jobsite to the Occupational Safety and Health Administration, you may increase your risk of an OSHA lawsuit. Protect your company by ensuring your written employee discipline policy includes a statement prohibiting disciplinary action in retaliation for whistleblowing.

Disciplining injured employees – If one of your construction workers is injured due to his or her failure to follow established jobsite safety practices, some form of disciplinary action is likely required. However, you must proceed carefully. Reporting work-related injuries is an OSHA protected activity—just like whistleblowing—and any improper application of discipline may lead to scrutiny and legal action.

Disciplining employees inconsistently – If you inconsistently apply your employee discipline policy, your workers may believe that you punish those you don’t like and avoid punishing your personal favorites for the same violations. This can lead to suits for discrimination and breach of contract. Many workers have won these types of lawsuits, and your best defense is a well-written disciplinary policy consistently applied by all manager and supervisors.

Discipline without documentation – While your employee discipline policy may include steps that progress from initial verbal warnings to final termination, it’s important to make a written record of each disciplinary action you’ve taken and include it in your worker’s personnel file. Creating an employee discipline form for this purpose may be helpful. It should include basic information such as the employee’s name, the date and time of the incident, a description of the action requiring discipline, the policy or rule violated and the action you’re taking against the employee.

If you’d like to ensure you’re not making any of these mistakes, a third-party review of your employee discipline policy can be helpful. Give us a call today to set up a time to discuss disciplinary actions and associated risks.

 

2015 Construction Insurance Trends to Watch

2015 Construction Insurance Trends to Watch

The construction industry finally seems to be in a sustained recovery. As more projects become available, payrolls and equipment investments are increasing. That’s great news for contractors across the nation. However, adequate insurance coverage is even more essential than it was before. Consider the following trends identified by industry experts at the Insurance Journal for 2015.

The Controlled Insurance Program (CIP) is Growing

Originally designed for use on megaprojects, CIPs have become increasingly common in residential construction. The project owner usually sponsors the CIP, and it bundles workers’ compensation and general liability for all the participants. Many general contractors have made CIPs part of their marketing plan because they allow them to lock in their insurance costs throughout the construction and completed operations periods while streamlining claims process and reducing the need for negotiations between multiple insurers.

While convenient, CIPs also present challenges. Any contractor or project owner contemplating a CIP should carefully research potential exposure and available coverage with their insurance professional and risk advisor. Areas to address include making sure limits are large enough to cover potential losses, proper coverage of parties, the handling of repair and warranty work, possible coverage exclusions, and the allocation of deductibles.

Additional Insured (AI) Protection is Changing

The latest ISO AI form contained a number of revisions that create uncertainty in the construction risk management process. For example, one states, “AI coverage only applies to the extent permitted by law,” and introduces a number of questions. Is the AI coverage void if the contractual indemnity provision is voided under a state’s anti-indemnity statute? The usefulness of your AI coverage will depend on how a court of law may interpret the ISO AI form. Discuss this risk with your insurance professional and risk advisor before purchasing.

Negligence Indemnity is Shrinking

The MacDonald analysis (MacDonald v. San Jose (1972) 29 Cal.App.3d 413) has governed indemnity interpretation for many years. However, recent legislation is changing this. In 2006, changes were made to prevent residential builders from seeking indemnity for their own negligence regardless of classification. In 2009, California civil code was amended to allow subcontractors to select their own counsel or pay a “fair share” of builder defense fees. And in 2013, new statues were drafted that prevent all public and commercial owners and contractors from seeking Type 1 indemnity (indemnity for everything but sole negligence). While these were all changes to California civil code, you’ll want to discuss possible changes to code in your own state with your insurance professional and risk advisor.

Contractor’s Equipment Insurance Essentials

Contractor’s Equipment Insurance Essentials

Whether you own, rent or lease equipment for your construction business, some form of contractor’s equipment insurance is necessary to protect your investment and reduce your loss in the event of damage to your tools or machinery. However, before you purchase any contractor’s equipment policy, it’s important to review it carefully. In addition to understanding your deductible and coverage limits, pay particular attention to the following sections.

The Inventory

If a backhoe, forklift, jackhammer or any other construction tool is left off of the inventory and later becomes damaged, you could have problems filing a claim. Take the time to double check that the initial schedule of values is complete and accurate, especially if the policy includes a provision specifically excluding property not listed at the time of underwriting.

The Limit of Liability

It’s often best to obtain contractor’s equipment insurance coverage that includes blanket liability. This means it covers the equipment (and their values) listed in the inventory when you purchase the policy as well as insuring newly acquired equipment from date of purchase. Make sure any sub-limits are sufficient to cover your potential investment.

Equipment Valuations

Choose a policy that will provide you with the replacement cost of damaged equipment or an agreed upon amount. It’s generally best to avoid reimbursement at actual cash value, though this may not be possible with older equipment.

Coverage for Rented Equipment

If you’re in the middle of a project and need to rent a boom lift, you don’t want to discover your contractor’s equipment policy doesn’t cover borrowed equipment. Ask for a policy that covers all rented or borrowed tools up to a sub-limit you can increase or decrease based on the item.

Co-Insurance

Co-Insurance protects the insurer in the event that you’ve undervalued your equipment. It’s typically 80 percent, though that amount may vary. Make sure you understand your risk and value your equipment carefully when buying your policy.

Equipment Transit

Make sure the policy includes full coverage on your equipment during transit to and from the jobsite. Coverage may be underwritten with a sub-limit or be subject to the policy deductible.

Continuing Expenses Reimbursement

If equipment is damaged and you need to rent a replacement to continue your project, you don’t want to be on the hook for the cost. Some contractor’s insurance policies will reimburse you for rental expenses when you file a claim. Others will also cover overtime wages ,if needed to complete the project, and transportation of the rented equipment to your jobsite.

Exclusions

Policy exclusions vary by company. Common exclusions include damage caused by flood, earthquake or war as well as normal wear and tear, rust and corrosion. Your contractor’s insurance policy may also exclude equipment stored or operated underground, boom crane collapse, and equipment not included in the original inventory. Exclusions may be found anywhere in the policy wording, not just in the designated exclusion section, so review the entire document carefully.

Do you have questions about construction industry insurance? Whether you need a builder’s risk, business auto, commercial general liability or other contractor’s policy,  we are here for all your construction-related insurance needs.

Should You Purchase Subcontractor Default Insurance?

Should You Purchase Subcontractor Default Insurance?If you’ve always relied on performance bonds to guarantee that your subcontractors fulfill their contracts, you might want to look into subcontractor default insurance. This attractive alternative can provide you with valuable security in the event a subcontractor breaches contract while lowering your premium costs, eliminating the surety investigation period, and allowing you to work with entities that might not qualify for a bond.

The Cost

Subcontractor default insurance—also known as an SDI policy—includes a deductible and co-payment. For this reason, you can purchase it for as little as 50 percent of the cost of a bond premium, which generally runs between 1.0 to 1.25 percent of the value of the subcontract. While SDI policies usually have limits that are less than the total value of the project’s subcontracts, they also provide coverage for indirect default losses including liquidated damages. Performance bonds rarely cover such indirect damages.

The Parties

Performance bonds set up relationships between three parties: the surety (bonding company), the principal (subcontractor) and the obligee (the contractor). A SDI policy reduces the number of involved parties to two, eliminating the surety and removing the surety investigation period should the contractor file a claim. Because the SDI insures the performance of the subcontractors, the insurance carrier will compensate you directly for any costs associated with a subcontractor default. Additionally, one policy can cover all of the subcontractors you use on your project.

When you use performance bonds, the bonding company must investigate claims resulting from the default of your subcontractor. This can cause major delays and often results in cost overruns. Should the surety accept the claim, they then have the power to dictate how it is resolved. They may forfeit the bond’s penal sum, pay for a new subcontractor, finance the defaulted party or, on rare occasions, allow you to proceed as you see fit.

Subcontractor Qualification

When you use a performance bond, the surety company screens the covered contractor. They analyze the contractor’s financial viability, credit history and past job performance. If the bonding company deems the contractor acceptable, they are subsequently bonded. This can limit the contractors you are able to select for your projects.

SDI policies, on the other hand, allow you to work with whatever contractors you choose. You are responsible for any pre-screening. Insurers won’t examine your contractors to determine if they have the resources to perform the job you’ve hired them to complete. But you’ll no longer be limited to selecting from large contractors with extensive track records. You can use smaller, less experienced companies if you feel they are the right choice for your job.

Are you interested in learning more about subcontractor default insurance? Please don’t hesitate to contact us for further insight or to discuss any of your construction-related insurance needs.