The Official Publication of the Power & Communication Contractors Association 1st Quarter 2014 Inside • PCCA Project Manager Academy Gets High Marks in Atlanta • Five Facts About Article 2 of the Uniform Commercial Code • RUS Announces New Electric Funding PCCA President Glen Amerine: Meeting Challenges in the Construction and Association Business Glen and Pat Amerine, Amerine Utilities Construction, Inc.
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1st Quarter 2014 Officer Directors Official Publication of the Power & Communication Contractors Association Board of Directors Publication Staff 1908 Mt. Vernon Avenue, 2nd Floor Alexandria, Virginia 22301 (800) 542-PCCA •www.pccaweb.org ©2014 Power & Communication Contractors Association Craig Amerine Amerine Utilities Construction, Inc. David Aubrey Okay Construction Robert Breeden ElectriCom, Inc. Tony Briggs Vermeer Manufacturing Ed Campbell Henkels & McCoy, Inc. Marty Ferguson FS3, Inc. John Fluharty Mears Group, Inc. Mark Frosaker MasTec North America, Inc. Matthew Gabrielse Gabe’s Construction Co., Inc. John Hale John Deere Jerrod Henschel Michels Corporation Chase Lapcinski Push, Inc. Kevin Mason ElectriCom, Inc. Tommy Muse Aubrey Silvey Enterprises, Inc. Rob Pribyl MP Nexlevel, LLC Jameson Ringger NESCO, LLC Heath Sellenriek Sellenriek Construction Don Stephens Tjader & Highstrom Lindsley Thulin Michels Corporation Publisher TimothyWagner Editor Michael Ancell Membership & Marketing Stacy Bowdring Membership & Marketing Dana Gilbertson Photography Steven Purcell Information Technology Greg Smela President Glen Amerine Amerine Utilities Construction, Inc. President-Elect Steve Sellenriek Sellenriek Construction 1st Vice President Timothy D. Killoren CCI Systems, Inc. 2nd Vice President Todd Myers Kenneth G. Myers Construction Treasurer James Dillahunty Henkels & McCoy, Inc. Secretary Larry Pribyl MP Nexlevel, LLC Glen Amerine: Meeting Challenges in the Construction and Association Business 7 PCCA President Glen Amerine started his company with a small amount of equipment and a whole lot of ambition, and through hard work, business acumen, and the support of his family, he built Amerine Utilities Construction, Inc., Great Bend, Kans., into a highly successful underground construction and directional boring contractor. PCCA Project Manager Academy Gets High Marks in Atlanta 15 PCCA held its first Project Manager Academy January 13-16 in Atlanta, Ga., and by all accounts it was wildly successful as participants, instructors, and the association came away enlightened, enriched, and energized. Legal Watch | by Matthew Straub 11 Safety Watch 19 Safety News 23 Power News 27 Telecom News 35 PCCA Member News 41 Industry Calendar 42 Advertiser Index 44 New PCCA Members 45 PCCA Project Manager Academy - Class of 2014
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PCCA Journal|1st Quarter 2014 7 Glen Amerine: Meeting Challenges in the Construction and Association Business Continued on page 8 PCCA President Glen Amerine started his company with a small amount of equipment and a whole lot of ambition, and through hard work, business acumen, and the support of his family, he built Amerine Utilities Construction, Inc., Great Bend, Kans., into a highly successful underground construction and directional boring contractor. And as PCCA president, Glen has led one of the most successful years in association history, overseeing a very successful Mid-Year Meeting, the addition of new educational programs, and, along with his wife, Pat, the planning of the upcoming PCCA Convention, which has the highest pre-registration of any PCCA meeting in more then a decade. After serving four years in the U.S. Air Force, Glen returned home in 1972 to work in Amerine Electric Company, Inc., an electrical contractor business that his father had begun 35 years earlier. Five years later, things changed, and with that change came an opportunity. “The Christmas of 1977, my dad announced that he was selling Amerine Electric to the general manager.” Glen said. “The previous year, Amerine Electric had purchased the equipment from a very small underground cable company in our small hometown in the middle of Kansas. My only option of a job was to go to the bank and borrow enough to buy this small amount of equipment and go to work with it. Amerine Utilities Construction, Inc. was started, and the rest is history.” As most folks reading this magazine know, the construction industry is never easy sailing, and those early years were demanding. “Since the beginning, we were totally consumed with keeping the company alive by getting that next job, buying or renting more equipment to do the job, and keeping the bankers happy,” Glen said. “Always growing in size and equity was our PCCA’s First Couple, Glen and Pat Amerine of Amerine Construction, Inc., Great Bend, Kans. Glen presides over the Board meeting at the 2014 Mid-Year Meeting in Colorado Springs, Colo.
PCCA Journal|1st Quarter 2014 8 goal. Since my college degree was in accounting and financing, I had an understanding of how business works, what the bottom line means, and the importance of it.” It was hard work and it was demanding, but Glen found enjoyment and value in the challenge. “The underground cable construction business gave me the opportunity to be my own boss and to be involved with the financing part,” he said. “Also, it gave me the opportunity to work in the great outdoors, which is what I love most, and to see all the beautiful countryside of our USA.” “I feed on a challenge, which most of my days have definitely been filled with,” he continued. “I had to learn every aspect about this industry. Each new venture would give me a great sense of accomplishment, which would get me to a new level. Amerine Utilities Construction, Inc. has evolved step-by-step, job-by-job. Some of my largest challenges, however, have been trying to keep all the areas and departments of our business growing at the same speed—a challenge I still am trying to meet.” Since its beginnings, Amerine Utilities Construction has remained in the underground construction of communication cable, but the company also specializes in directional boring for other industries such as oil and gas. “This has taken us to many states as subcontractors, from the Canada border to down south into Texas,” Glen said. “Our goal is to keep expanding both the underground construction of cable and directional boring.” Glen speaks passionately about the importance of family in the company. “Family members have played a major role in our business,” he said. “Our son, Craig, is managing the business now; and our daughter, Marcie, has been involved in the office since her early high school days; and Craig’s wife, Missi, since their marriage. Our nephew, David Brenner, has been a key player for over 24 years. Now we have a new generation with our grandsons, Jeremy and Jared Smith, getting involved and our great nephew, Justin Selle; all giving me a new inspiration for the company’s future. You can definitely say, we are a family business.” The Value of PCCA Amerine Utilities Construction, Inc., has been a PCCA member for more than 22 years, and Glen said that the association has provided a wealth of opportunities and wisdom. “In Glen Amerine Continued from page 7 When he’s not working, Glen says you will most likely find him at a drag race track, where the Amerine Racing team has more than ten drag cars they race.
PCCA Journal|1st Quarter 2014 9 1992, I purchased a D4H Cat with a BRON plow from Dow Foley with Darr Equipment, who was an associate member with PCCA,” he said. “Dow invited me to the next PCCA convention in Nashville, Tenn., at the Opryland Hotel. He took me under his wing and introduced me around. Among the people I met were Ron and Barb Hall, who designed and manufactures the BRON plow, and their friendship has truly enriched our lives over the years.” Through the years, Glen continued increasing his contacts at PCCA and growing his business. “A couple of years later, Dow invited us out to dinner along with Guy Fugal, so we were given the opportunity to meet the Fugal family. The networking of PCCA began and has not stopped to this day,” Glen said. “We would have never of had the opportunity to work in the islands for Bonneville Construction had it not been for our acquaintance with Steve Spears and Steve Bauchman at the PCCA conventions. The windows of opportunities and wisdom gained by association with the PCCA membership could have never happened by any other avenue. It is an endless pipeline that just keeps giving with each new day. I can honestly say that Amerine Utilities Construction would not be the successful company it is today without our involvement in PCCA.” Glen and his business derived much value from PCCA, and in turn, he has given value back to the association through his years of volunteer leadership, active participation in the Board, Executive Committee, and Membership/Welcoming Committee, and his yearly support of the PCCA Auction. One of Glen’s goals with PCCA is to convince newer members to aggressively pursue opportunities within the association. “As president of PCCA this year, I have hoped to impress on our membership the importance of being present at the conventions and being involved in the meetings,” Glen said. “You never know what will come out of one particular encounter.” While Glen’s business, family, and association duties take up much of his time, he still finds time to pursue hobbies and charitable endeavors. “When I am not working, you will most likely find me at a drag race track, which our Amerine Racing team has over ten drag cars we race,” he said. “If not racing, then I love to hunt birds and wild game and go fishing. Pat and I also love to travel and see the world.” “Finally, one of my passions is supporting and being involved for the past 30 years in the Roca Blanca Mission Base in the state of Oaxaca in southern Mexico, which is the poorest region of Mexico,” Glen said. The Roca Blanca Mission Base reaches into poor, unreached areas and extends compassion and humanitarian aid through medical outreaches, food and clothing distribution, and community development projects. The Gospel of the Lord Jesus Christ is demonstrated and shared with these people, and their lives are enriched. “As president of PCCA this year, I have hoped to impress on our membership the importance of being present at the conventions and being involved in the meetings. You never know what will come out of one particular encounter.”
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PCCA Journal|1st Quarter 2014 11 Legal Watch Continued on page 12 Article 2 of the Uniform Commercial Code (UCC) plays a pervasive role in governing the sales of goods, yet few business folks know of its sweeping application or even its existence. A little knowledge about Article 2 of the UCC will help contractors and other industry participants to identify and manage the risks inherent in the sales of goods. The UCC is a nationwide code that seeks to standardize commercial transactions into a single cohesive unit. First published in 1952, the UCC was developed to remedy two primary concerns: (1) the obstructions to doing business caused by existing legal and contractual formalities and (2) the innumerable differences in state laws, making it difficult for interstate transactions. The UCC has been enacted in all 50 states, the District of Columbia, and Puerto Rico. The UCC is comprised of nine articles governing everything from leases (Article 2A) to secured transactions (Article 9). This article focuses on Article 2 (the sale of goods) and underscores five facts that form a good foundation for understanding the scope and application of Article 2 of the UCC. 1. Article 2 of the UCC governs the sale of goods. Article 2 of the UCC applies to the sale of goods. Under Section 2-105, “goods” is broadly defined as “all things (including specially manufactured goods) which are movable...” Polyethylene gas pipe, HDPE conduit, and crane mats are all “goods,” and the sales of such goods are governed by Article 2. To the contrary, contracts for services, real estate, insurance, intangible assets, and employment are not governed by Article 2. These contracts are governed by common law (law developed by judges through decisions of courts). Common law varies from state to state. Further, determining which state’s common law applies to such contracts is often the subject of many disputes. When contracts involve a mix of goods and services, most courts apply the “predominant purpose” test. This test analyzes whether the contract is predominantly one for goods or one for services. Relevant criteria for determining whether the UCC will control a mixed contract will include the contract language, the nature of the seller’s business, the reason for entering the contract, and the amounts charged under the contract for the goods and services. 2. Article 2 of the UCC supplies commercial terms to a sale of goods. Article 2 governs sales transactions from contract formation through dispute resolution, and it touches on an wide array of legal and contractual concepts, including offer and acceptance, price and time terms, impracticability, rejection of non-conforming goods, warranties, remedies for seller and buyer, and damages for non-conforming goods. To illustrate the reach of Article 2, several provisions are detailed below. • Section 2-209 allows a contract to be modified without additional consideration (typically, compensation). Under common law, a modification is only enforceable when additional consideration is present. • Section 2-508 provides that “[w]here any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.” • Section 2-511 establishes when payment is due: “Unless otherwise agreed tender of payment is a condition to the seller’s duty to tender and complete any delivery.” • Section 2-601 provides that if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may reject the whole, accept the whole, or accept any commercial units or units and reject the rest. • Section 2-313 defines an express warranty made by a seller to a buyer. Section 2-314 establishes the implied warranty of merchantability (reasonably Five Facts to Know About Article 2 of the Uniform Commercial Code By Matthew Straub
PCCA Journal|1st Quarter 2014 12 Legal Watch Continued from page 11 fit for their intended purpose). Section 2-316 establishes rules for disclaiming warranties (“in writing and conspicuous”). This last requirement is why you often see disclaimers of warranties in purchase orders or contracts in a larger font size, bolded, all capitalized, or some combination thereof. These provisions are just a sampling of Article 2’s breadth. Contracting parties should be aware of these provisions not only to avoid unfavorable provisions but to take advantage of favorable provisions. 3. Article 2 of the UCC dispenses with many formalities that common law requires. A chief purpose of Article 2 is to grease the contracting wheels that are otherwise bogged down in legal and contractual technicalities. For instance, the UCC supplies price and time terms when such terms are not identified in an offer and acceptance. Section 2-305 identifies how price will be calculated in the absence of a negotiated price: “The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if a. nothing is said as to price; or b. the price is left to be agreed by the parties and they fail to agree; or c. the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.” The UCC also rejects common law’s “Mirror Image Rule,” which requires one party’s acceptance to be an exact mirror image of the offer that was made to it. Any variations to an offer prevented contract formation. The Mirror Image Rule made it difficult for buyers and sellers who asserted their own commercial terms to form valid, enforceable contracts. Under the UCC, however, only “material” changes to an offer will prevent contract formation. 4. Clarity of contract terms is sacrificed in favor of contract formation under Article 2. One of the consequences of rejecting the Mirror Image Rule is that a determination of the precise terms of the contract can be challenging. When only one party provides written terms to the particular transaction, a determination of the contract terms is relatively easy. But when the buyer and seller exchange their own standard commercial terms (by way of purchase order, invoice, or other written instrument), the UCC may establish an enforceable contract even when some of the buyer’s and seller’s standard terms are inconsistent or even contradictory. This is called the Battle of the Forms, which the UCC attempts to address with Section 2-207. That section provides that additional terms that are not material become part of the contract. Materials alterations are not accepted, and contradictory terms are “knocked out.” Not surprisingly, what terms are material alterations and what terms are contradictory (and therefore knocked out) are breeding grounds for lawsuits. Entire books are devoted towards analyzing the concepts and ramifications of Section 2-207. It is a thorny, nebulous provision that has entangled buyers and sellers for decades. Contractors wishing to minimize the uncertainty and disputes that often arise under Section 2-207 may wish to approach regular suppliers and negotiate a master sales agreement that should inject some certainty into their sales transactions. 5. The provisions of Article 2 of the UCC can be modified by contract. The provisions of Article 2 are escapable. American law has traditionally upheld contracting parties’ freedom to contract. UCC Section 1-302 provides that “[a]n agreement that varies the effect of provisions of the Uniform Commercial Code may do so by stating the rules that will govern in lieu of the provisions varied.” Therefore, a contracting party may avoid the consequences of a particular provision UCC by inserting a provision contrary to the UCC’s rule on the subject or even expressly disclaiming application of a particular UCC provision or principle. Existing contracts, purchase orders, and invoices may already contain such anti-UCC terms. The consequences of contracting around the UCC should be carefully considered. Conclusion and Best Practices The importance of Article 2 of the UCC cannot be overstated. It governs the sales of everything from chewing gum to mobile homes. It is a complex body of law that generates volumes of books, articles, and treatises seeking to distill its many provisions. Against this broad legal framework, contractors should consider reviewing their purchasing policies. Contractors should consider issuing their own commercial terms when making any materials purchase. If contractors already assert their standard commercial terms, they should review them carefully in light of the UCC to make certain that any disfavored UCC provisions are inapplicable and that any favored terms of the UCC are enforced. Matthew Straub is an attorney in the Construction Industry Group of Ogletree, Deakins, Nash, Smoak and Stewart P.C.
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PCCA Journal|1st Quarter 2014 15 PCCA Project Manager Academy Gets High Marks in Atlanta Continued on page 16 PCCA held its first Project Manager Academy (PMA) January 13-16 in Atlanta, Ga., and by all accounts, it was wildly successful as participants, instructors, and the association came away enlightened, enriched, and energized. The first PCCA PMA class included 19 construction professionals from seven different companies all around the country, and they all were fully engaged in the program and worked hard to better themselves and their companies. The PCCA Academy is based on FMI’s highly successful PMA, and FMI worked with a group of PCCA contractor and associate members to tailor the program specifically to our industry. The PMA has four basic elements: coursework in the techniques of managing projects, hands-on projects as part of a team, personal feedback with personality survey tools, and personal action plans for applying the knowledge and skills gained to actual work situations. Basic Coursework Taken to the Next Level FMI has many years of experience teaching this program and admits that the techniques of managing projects are well known. Training in scheduling, budgeting, and cost tracking is available from many sources. But to graduate to the next level, project staff must learn to think and act like business owners. When projects break down, they have to feel like they are bleeding their own money. When customers are dissatisfied, managers and staff must take it personally. When jobs are running smoothly, they must remain vigilant. Topics covered in Atlanta included Management and Leadership; Project Start-up; Project Planning; Customer-Focused Construction; Time Management; Billings, Cash Flow, and Closeout; Field Productivity, Profitability, and Financial Management; Change Order Management; Standards and Best Practices; and Ethics and Integrity in Project Management. On his program evaluation following the PMA, one participant wrote, “I will highly recommend this academy to our organization on sending more managers. It was four days of high-level information but explained in simple terms. It allows you to better understand how the business is looked at by owners and the importance of the things they discuss about job closeouts, receivables, production, and planning.” The three main FMI facilitators at the Atlanta PMA—Andy Patron, Ethan Cowles, and Rick Reese—are very enthusiastic and engaging instructors. On the program evaluations, participants raved about the instructors’ knowledge and their ability to hold the group’s attention. “This is the first training where I never looked at the clock and was ready to leave,” said one participant. “Great job, gentlemen!” Mysterious Team Projects At the start of the PMA, participants were divided into four teams, and those teams tackled four hands-on projects in which they collaborated with their teammates, the other teams, and the facilitators who posed as hard-to-please project owners and engineers. The projects were fun, a bit maddening, and part of what makes the PMA truly special, but you won’t read about the details of the projects in this article, nor will you see any photos of them on these pages— even though the photos are fantastic. We’re not telling our readers about these projects because the PCCA PMA is an
PCCA Journal|1st Quarter 2014 16 ongoing program, and we don’t want diminish the value, the challenge, or the fun of these exercises for future participants. What happens at PMA stays at PMA! Without revealing details, we can say that the participants enjoyed the projects, thrived on the competition, and learned new skills and new ways to look at familiar situations. One project involved meeting the “project owner” in a boardroom setting, and several participants commented on the value of the exercise. “It helped me realize how to listen to the customer and how to approach them in a meeting.” Of another project, a participant said, “Enjoyable and fun. Great learning tool.” Personal Feedback The personal feedback section of the PMA is, for the lack of a better phrase, very personal. Each participant completes ProScan and 360o personality surveys prior to the PMA and also has surveys completed by supervisors, co-workers, people who report to them, vendors, and customers. Once at the PMA, participants learn about the value of honest feedback, the qualities of effective feedback, how to best give it, how to best receive it, and its importance to the success of one’s company. During the PMA, each participant has an hourlong, one-on-one session with an FMI facilitator who reviews the specifics of their personal ProScan and 360o reports and helps them understand how the results relate to their work and their lives. In Atlanta, the participants were amazed by the survey tools’ ability to accurately describe their personality and appreciative of the assistance provided by the FMI facilitators, Scott Moyer and Shirley Ramos. The participants’ comments were telling: “Thank you for helping me understand me,” said one participant. “Great exercise. Very eye-opening. I could have spent two hours with this info and hearing Scott’s feedback and suggestions,” said another. And finally, “It was so accurate, I thought they were spying on me.” Bringing It All Back Home No seminar, course, or academy is worth much if the participants don’t effectively apply the knowledge and skills they learned to their actual work situation. At the PMA, participants develop a personal action plan with a vision, specific/ detailed steps, follow-through, and accountability. In their comments about the program, the group in Atlanta was very confident about the on-the-job benefits the PMA provided: • Will treat the workers differently. We will do a pre- and post-job plan. Project Manager Academy Continued from page 15 PCCA Project Manager Academy Class of 2014 • Mike Aubrey, ElectriCom, Inc. • Lynn Bender, Push, Inc. • Broderick Bush, Sellenriek Construction, Inc. • Benjamin Engleson, Mid America Underground • Chris Hannah, Aubrey Silvey Enterprises • Brock Hurlbert, Mid America Underground • Scotty Likens, ElectriCom, Inc. • Jeff Mancl, Push, Inc. • Tracy Miller, Kenneth G. Myers Construction • Craig Moore, Mid America Underground • Randy Patterson, Mid America Underground • Jeremy Payton, ElectriCom, Inc. • Kelley Payton, Aubrey Silvey Enterprises • Steve Sellenriek, Sellenriek Construction, Inc. • Heath Sellenriek, Sellenriek Construction, Inc. • Jim Sparks, Mid America Underground • Daniel Stephens, Tjader & Highstrom • Eric Tusing, Kenneth G. Myers Construction • Billy Vincent, ElectriCom, Inc.
PCCA Journal|1st Quarter 2014 17 • Better time management, planning, and organization. • Better communication with my team. • I think I will have crews that will better understand and work with one another. • Better interaction with customers and co-workers. • I expect to have a better understanding of my weaknesses and how to overcome them. • Listen more than talk. Get better relationships with my crew as well as my foremen. • Increase of production and better time management. • Better relationship with customer, better profit, and better understanding of co-workers. • Higher margins. Morality. What’s Next for PMA? The success of the PMA in Atlanta, the quality of the program and the facilitators, and, most importantly, the enthusiasm and glowing feedback from the participants has reinforced the association’s commitment to the PMA. PCCA will hold another PMA in early 2015, and details will be determined soon. Once plans are finalized, all members will be contacted, and we encourage everyone—contractors and associates—to take advantage of this valuable and unique opportunity. But don’t take it from us; take it from one of your colleague’s project managers who just completed the PMA in Atlanta: “If you are in this type of construction work, this academy can only make you better as an employee and also in your personal life.” Controlled Force Fiber Pulling THE GMP SIDEWINDER PULL &ASSISTWINCH Durable 32" capstan provides controlled pull force Independent rope take up drum Adjustable tension pull setting Powerful 13 hp gasoline engine Complies with D.O.T. Standards Robust steel chassis +1.215.357.5500 • GMPtools.com MADE IN U S A Societyof Cable Telecommunication Engineers Portable Fiber Optic Cable Placement GMP BREEZE&TORNADO CABLE BLOWINGMACHINES 0.039 to 0.334 in. (1.0 to 8.5 mm) fiber optic cable O.D. (Breeze) 0.25 to 1.25 in. (6 to 32 mm) fiber optic cable O.D. (Tornado) Speeds up to 164 ft./min.(50 m/min.) into pre-installed micro duct (Breeze) Speeds up to 300 ft./min. (90m/min.) into pre-installed 1 to 2.5 in. (25 to 63 mm) diameter duct (Tornado) +1.215.357.5500 • GMPtools.com MADE IN U S A Societyof Cable Telecommunication Engineers Visit our website for complete details GM6208AD4C_Layout 1 1/10/14 12:29 PM Page 1
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PCCA Journal|1st Quarter 2014 19 SafetyWatch Tornadoes can occur with little or no warning. Taking precautions in advance of the storms, such as developing an emergency plan, learning the warning signs, and monitoring tornado watches and warnings, can help you stay safe if a tornado occurs in your area. OSHA and NOAA are working together on a public education effort aimed at improving the way people prepare for and respond to severe weather. They have developed a website (www.osha.gov/ dts/weather/tornado/index.html) to help businesses and their workers prepare for tornadoes and to provide information about hazards that workers may face in the aftermath of a tornado. To prepare for a tornado, businesses should develop an emergency plan. The plan should include details on suitable places to take shelter, policies to ensure all personnel are accounted for, and procedures for addressing any hazardous materials that are on-site. It is also recommended that individuals develop action plans for their families. The OSHA/NOAA website provides checklists and additional resources pages with simple ways to make sure that you are prepared for a tornado, including suggestions for communications equipment and personal preparedness kits. After a tornado has occurred, as businesses take steps to recover from the storm, workers may face significant hazards including the potential for additional storms, downed electric lines, and sharp debris. Workers should also be aware of hazards from heat stress and from equipment used during response/ recovery operations, such as portable generators. Workers will need to take special precautions to stay safe during response and recovery operations. Employer Responsibilities Each employer is responsible for the safety and health of its workers and for providing a safe and healthful workplace for its workers. Employers are required to protect workers from the anticipated hazards associated with the response and recovery operations that workers are likely to conduct. Background Tornadoes can occur anywhere and at any time during the year. In an average year, 800 tornadoes are reported throughout the nation. The most violent tornadoes may have wind speeds of 250 mph or more and may last for more than an hour. Sometimes multiple tornadoes may occur at the same time. Tornadoes can appear rapidly, so it is important to be familiar with the signs in order to stay prepared. Early warnings about a likely tornado can help save lives. Weather radar systems are used to detect air movement, which could indicate that a tornado may be likely to form. Environmental clues may also suggest that a tornado is forming. Here are some signs to look for: • Dark, often greenish clouds or sky • Wall cloud • Large hail • Funnel cloud • Roaring noise Preparedness Preparedness involves a continuous process of planning, equipping, training, and exercising. Planning for tornadoes requires identifying a place to take shelOSHA Offers Tornado Guidance Continued on page 20
PCCA Journal|1st Quarter 2014 20 ter, being familiar with and monitoring your community’s warning system, and establishing procedures to account for individuals in the building. Employers may need to obtain additional equipment and/or resources (e.g., emergency supply kits) identified in the plan. In addition, workers need to be trained and plans need to be practiced to ensure that personnel are familiar with what to do in the event of a tornado. Planning Identifying Shelter Locations An underground area, such as a basement or storm cellar, provides the best protection from a tornado. If an underground shelter is unavailable, consider the following: • Seek a small interior room or hallway on the lowest floor possible • Stay away from doors, windows, and outside walls • Stay in the center of the room, and avoid corners because they attract debris • Seek rooms constructed with reinforced concrete, brick, or block with no windows and a heavy concrete floor or roof system overhead • Avoid auditoriums, cafeterias, and gymnasiums that have flat, wide-span roofs. Personnel should also be aware of what to do if caught outdoors when a tornado is threatening. Seek shelter in a basement or a sturdy building. If one is not within walking distance, try to drive in a vehicle, using a seat belt, to the nearest shelter. If flying debris is encountered while in a vehicle, there are two options: 1) stay in the vehicle with the seat belt on, keeping your head below the windows and covering it with your hands or a blanket, or 2) if there is an area that is noticeable lower than the roadway, lie in that area and cover your head with your hands. Accountability Procedures The following steps are recommended to help ensure the safety of personnel if a tornado occurs: Warning Systems Tornado Watch - Tornadoes are likely to occur in the watch area. Be ready to act quickly and take shelter, and check supply kits. Monitor radio and television stations for more information. Tornado Warning - Imminent threat - A tornado has been sighted in the area or has been indicated by radar. Take Safety Watch Continued from page 19 EECI10208-S01-01 BRON logo is a registered trademark of RWF Industries • Static or Vibratory • 84” (213 cm) Plow Depth • Left/Right Offset ADD-ONUTILITY PLOWS GET UNDERWAY
PCCA Journal|1st Quarter 2014 21 shelter immediately. Your local emergency management office can provide information about your community’s tornado warning system. • Develop a system for knowing who is in the building in the event of an emergency. • Establish an alarm system to warn workers. • Test systems frequently. • Develop plans to communicate warnings to personnel with disabilities or who do not speak English. • Account for workers, visitors, and customers as they arrive in the shelter. • Use a prepared roster or checklist. • Take a head count. • Assign specific duties to workers in advance; create checklists for each specific responsibility. Designate and train workers alternates in case the assigned person is not there or is injured. Some businesses are required to have an Emergency Action Plan meeting the requirements under 29 CFR 1910.38. Though Emergency Action Plans primarily involve evacuations, emergency planning for tornadoes involves identifying safe places of refuge for workers to go to in the event of tornadoes. Equipping • Get emergency supply kits and keep them in shelter locations • Basic Disaster Supply Kit (See sidebar) • Learn more about NOAA Weather Radio at www.nws.noaa.gov/nwr/. Training and Exercises • Ensure that all workers know what to do in case of an emergency. • Practice shelter-in-place plans on a regular basis. • Update plans and procedures based on lessons learned from exercises. For more information, see the preparedness guide developed by NOAA, FEMA, and the American Red Cross: http://www.nws.noaa.gov/os/severeweather/resources/ttl6-10.pdf. Response/Recovery In the aftermath of a tornado, workers may be involved in a variety of response and recovery operations. The following are general guidelines that may be applicable to workers involved in assessing and/or cleaning up the damage to their worksite. However, some operations, such as utility restoration, cleaning up spills of hazardous materials, and search s 0ERFECT FOR &44( !PPLICATIONS s 2EDUCE 0EDESTALS AND "OXES s $ROPS $IRECTLY TO THE (OUSE s %ASY 4ECHNOLOGY 5PGRADES s %MPTY 0ATHWAYS !VAILABLE FOR &UTURE 'ROWTH ,EARN ABOUT THE ENTIRE &UTURE0ATH &AMILY OF 0RODUCTS AT &UTURE0ATH 7AY WWW DURALINE COM FuturePath® andMicroTechnology 11400 Parkside Dr., Suite 300 Knoxville, TN 37934 800.847.7661 4HE "EST 7AY TO 'ET (OME Continued on page 22
PCCA Journal|1st Quarter 2014 22 Safety Watch Continued from page 21 and rescue, should only be conducted by workers who have the proper training, equipment, and experience. Potential Hazards Response and recovery work in tornadoimpacted areas presents safety and health hazards that should be properly identified, evaluated, and controlled in a systematic manner to reduce or eliminate occupational safety and health risks to response and recovery workers. Some of the specific hazards associated with working in the aftermath of tornadoes include: • Hazardous driving conditions due to slippery and/or blocked roadways • Slips and falls due to slippery walkways • Falling and flying objects such as tree limbs and utility poles • Sharp objects including nails and broken glass • Electrical hazards from downed power lines or downed objects in contact with power lines • Falls from heights • Burns from fires caused by energized line contact or equipment failure • Exhaustion from working extended shifts • Heat and dehydration. General Precautions • Continue to monitor your local radio or television stations for emergency information and the potential of additional storms. Be aware of possible structural, electrical, or gas-leak hazards. • If such hazards are identified, report them to the proper local authorities and/or utility. • Do not touch downed power lines or objects in contact with downed power lines. • Wear proper clothing when walking on or near debris, including boots and gloves. • Be careful around sharp objects, including nails and broken glass. • Use the proper safety precautions when operating generators, chainsaws, or other power tools. • Take steps to prevent heat illnesses and dehydration. See the Centers for Disease Control and Prevention website (www.emergency.cdc.gov/disasters/tornadoes/after.asp) for additional precautions to take after a tornado. Toll Free: 1-800-525-8460 Main: 303-936-7432 Fax 303-934-5581 email: sales@pelsue.com www.pelsue.com Inclement Weather Shelter When it is important to stay warm & dry in the harshest weather, trust Pelsue’s shelters to do the job. 6506A A-Series shelters: 6504A: 4’W x 4’L x 6’H 6506A: 6’W x 6’L x 6’H 6508A: 8’W x 8’L x 6’H 6510A: 10’W x 10’L x 6’H 6514A: 14’W x 14’L x 6’H The newly redesigned “A-Series” Tent Basic Disaster Supplies Kit A basic emergency supply kit could include the following recommended items: • Water - one gallon of water per person per day for at least three days, for drinking and sanitation • Food - at least a three-day supply of non-perishable food • Battery-powered or hand-crank radio and a NOAA Weather Radio with tone alert and extra batteries for both • Flashlight and extra batteries • First aid kit • Whistle to signal for help • Dust mask to help filter contaminated air and plastic sheeting and duct tape to shelter-in-place • Moist towelettes, garbage bags, and plastic ties for personal sanitation • Wrench or pliers to turn off utilities • Manual can opener for food • Local maps • Cell phone with chargers, inverter, or solar charger
PCCA Journal|1st Quarter 2014 23 Safety News OSHA in February issued a proposed rule to extend the compliance date for the crane operator certification requirement by three years to November 10, 2017. The proposal would also extend to the same date the existing phase-in requirement that employers ensure that their operators are qualified to operate the equipment. OSHA issued a final standard on requirements for cranes and derricks in construction work on August 9, 2010. The standard requires crane operators on construction sites to meet one of four qualification/certification options by November 10, 2014. After OSHA issued the standard, a number of parties raised concerns about the qualification/certification requirements. After conducting several public meetings, OSHA decided to extend the enforcement date so that the certification requirements do not take effect during potential rulemaking or cause disruption to the construction industry. OSHA held three stakeholder meetings on operator certification/qualification issues in April 2013 and posted detailed notes of the meetings at www.osha.gov/ cranes-derricks/stakeholders.html, a web page devoted to the stakeholder meeting. A list of frequently asked questions are also posted on OSHA’s Cranes and Derricks in Construction web page to provide additional clarification and address some comments and concerns raised by stakeholders. OSHA Renews Strategic Partnership with T&D Contractors In December, the Occupational Safety and Health Administration (OSHA) renewed a national strategic partnership with employers, workers and professional associations in the electrical transmission and distribution industry to reduce injuries, illnesses, and deaths among linesman and other electrical workers. The partnership includes ten of the nation’s largest electrical transmission and distribution contractors, an electrical industry labor union, and two trade associations. Since its establishment in 2004, there has been a noticeable reduction in the injury, illness, and fatality rates among the partners’ workers, which include close to 26,000 workers. Fatalities among these workers have dropped from 11 in 2004 to 1 in 2013. “By working on common goals through the partnership, partner injury, illness, and fatality rates have been reduced,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Through this national partnership, the partner companies and associations looked at factors causing fatal incidents and other serious injuries and implemented changes to reduce and prevent the number of fatalities not only within their own companies, but in the industry as a whole. We look forward to seeing even greater outcomes of this partnership in the future.” The partnership has developed and implemented best practices that directly correspond to key hazards and operations associated with injuries, illnesses, and fatalities in the industry. These practices include fall protection, the use of specific insulating protective equipment, and the implementation of safety checks. The partnership also has trained more than 33,000 workers and supervisors through industry-specific courses developed by the partners. OSHA and industry partners are in the process of expanding these courses to provide industry-wide training. Members of the partnership include Asplundh Tree Expert Co., Davis H. Elliot Co. Inc., Henkels & McCoy Inc., MasTec Inc., MDU Construction Services Group Inc., Michels Corp., MYR Group Inc., PLH Group, Pike Electric LLC, Quanta Services Inc., International Brotherhood of Electrical Workers, Edison Electric Institute and the National Electrical Contractors Association. To see the agreement, go to www.osha. gov/dcsp/partnerships/national/power/325_20131219_powertrans.html. OSHA Proposes Extended Compliance Date for Crane Requirements
PCCA Journal|1st Quarter 2014 27 POWER NEWS Alaska Golden Valley Electric Association, Inc., $147,800,000 for the purchase and improvement of an existing coal-fired generating plant. The loan amount includes $110,000,000 for environmental improvement projects. Golden Valley Electric Association, Inc., $12,000,000 for the purchase and installation of a new regenerator in the North Pole Power Plant Gas Turbine #2. The loan amount includes $2,594,000 for service to Native Americans. Golden Valley Electric Association, Inc., $43,723,000 to serve 1,298 consumers, build 126 miles of distribution line, and make other system improvements. Arizona, NewMexico, Utah Navajo Tribal Utility Authority, $167,779,000 to serve 3,795 consumers, build 1,106 miles of distribution line and 109 miles of transmission line, and make other system improvements. Colorado, Nebraska, NewMexico, Wyoming Tri-State Generation and Transmission Association, Inc., $75, 360,000 to finance the acquisition of the JM Shafer facility. Tri-State Generation and Transmission Association, Inc., $158,192,000 to finance upgrades and modification to existing generation facilities. Tri-State Generation and Transmission Association, Inc., $160,710,000 to finance upgrades and modification to existing generation. Georgia Oglethorpe Power Corporation, $230,050,000 to finance transmission and generation system improvement project, including $30,524,000 for environmental improvements. Indiana Marshall County Rural Electric Membership Corporation, USDA Announces Electric System Improvements in 25 States Agriculture Secretary Tom Vilsack in December announced more than $1.8 billion in funding for electric utility infrastructure projects in 25 states and one territory to improve service for more than 37,000 rural customers. The projects include more than $45 million for smart grid technology, $73 million for renewable energy projects, and $213 million targeted to benefit Native Americans. This funding will build or improve more than 6,500 miles of line to deliver electricity to rural America. The funding announcement is provided through the U.S. Department of Agriculture’s (USDA) Rural Utilities Service Program. “Rural electric cooperatives have provided reliable, affordable power to rural communities for more than 75 years. Today’s investments will help ensure our electric infrastructure continues to deliver reliable and affordable electricity for years to come,” Vilsack said. Following are the rural electric utilities that will receive the USDA funding announced in December, contingent upon the recipient meeting the terms of the loan agreement. $6,000,000 to serve 226 consumers, build 105 miles of distribution line, and make other system improvements. Iowa Maquoketa Valley Rural Electric Cooperative, $5,000,000 to serve 605 consumers, build 198 miles of distribution line, and make other system improvements. Kentucky Kenergy Corporation, $28,000,000 to serve 2,259 consumers, build 223 miles of distribution line, and make other system improvements. Michigan Great Lakes Energy Cooperative, $60,000,000 to serve 2,464 consumers, build 363 miles of distribution line, and make other system improvements. Minnesota Minnesota Valley Cooperative Light and Power Association, $10,875,000 to serve 160 consumers, build 80 miles of distribution line, and make other system improvements. Minnesota, South Dakota, North Dakota Traverse Electric Cooperative, Inc., $4,664,000 to serve 154 consumers, build 63 miles of distribution line, and make other system improvements. Mississippi South Mississippi Electric Power Association, $181,751,000 to purchase two natural gas-fired combined cycle units at the Batesville Generating Station. NewMexico Kit Carson Electric Cooperative, Inc., $33,099,000 to serve 1,346 consumers, build 284 miles of distribution line, and make other system improvements. Continued on page 28
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