Construction Outlook January 2013

JANUARY, 2013

A publication of the Utility Contractors’ Association of New England, Inc.

Bulfinch Triangle District of Boston City Proper Drainage and Water Works Improvements

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WATER, SEWER, DRAIN & STORMWATER SOLUTIONS

IN THIS ISSUE

CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; E-mail: [email protected]; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Abington, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Al MorteoEditorial Board: Al Morteo, Christopher Walsh, John Our and Paul Scenna

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 1

3 President’s Message: An Open Letter to City and Town Elected Officials

5 Legislative Update:• UCANE Active on Variety of Matters as 2011-2012 Legislative Session Closes• Boston City Council Holds Hearing on Proposed Diesel Retrofit Ordinance• IRS Issues 2013 Optional Standard Mileage Rates to Calculate Deductible

Costs for Business-Related Automobiles• Representative Robert DeLeo Elected Speaker of the House; Senator Therese

Murray Elected Senate President• Representative Brad Jones and Senator Bruce Tarr Elected Minority Leaders

14 Contractor Member of the Month: P. Gioioso & Sons, Inc. Celebrating 50 Years in the Construction Industry

21 UCANE Interview: Representative Paul Donato, House Third Division Chair

25 UCANE Has a New Website

40 UCANE’s 2nd Annual Appreciation Night Trade Show

26 OSHA’s Top 10 Most Cited Violations in 2012

33 Q & A With OSHA’s Patrick Kapust

36 Leukemia & Lymphoma Society’s “Gala for a Cure”

37 UCANE Member Rain for Rent Mobilizes More than 520 Pumps & 100 Personnel to New York/New Jersey Area

41 Environmental Viewpoint: The New Massachusetts Hazardous Waste Processes Regulations

43 UCANE’s 2013 Scholarship Applications Now Available

45 Benefits & HR Strategies: 5 Steps Employers Can Take for 2013 Retirement Plan Success

50 Employers are Reminded to Post Injury & Illness Summaries

51 Financial Management:• Social Security: The 8% Solution• Buying Stocks Through Dividend Reinvestment Plans• Tax Planning for S Corporation Owners

JANUARY, 2013

OFFICERSPresident

AL MORTEOFED. CORP.

President-ElectCHRISTOPHER WALSH

W. Walsh Co., Inc.TreasurerJOHN OUR

Robert B. Our Co., Inc.Secretary

PAUL SCENNAAlbanese D&S, Inc.

BOARD OF DIRECTORSMARCELLA ALBANESE

Albanese Bros., Inc.

JEFF BARDELLDaniel O’Connell’s Sons, Inc.

VINCENT BARLETTABarletta Heavy Division

MICHAEL BISZKO, IIIBiszko Contracting Corp.

TONY BORRELLICelco Construction Corp.

STEVEN COMOLETTIP. Caliacco Corp.

MAUREEN DAGLEDagle Electrical Const., Corp.

ADAM DeSANCTISDeSanctis Ins. Agency, Inc.

THOMAS DESCOTEAUXR. H. White Const. Co., Inc.

JERRY GAGLIARDUCCIGagliarducci Construction, Inc.

MARCO GIOIOSOP. Gioioso & Sons, Inc.

BILL IRWINC.J.P. & Sons Const. Co., Inc.

PHIL JASSETHonorary Board Member

BILL KEAVENEYA. R. Belli, Inc.

ROBERT LEEJ. F. White Contracting Co.

RYAN McCOURTMcCourt Construction Co.

RICHARD PACELLA, JR.R. M. Pacella, Inc.

LOUIS SCHOOLCRAFTTi-SALES, Inc.

ANNE KLAYMANExecutive Director

• Legislatively Mandated Reporting Deadline Leads To Actions Impacting Contractors

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JANUARY, 2013 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 3

An Open Letter To City And Town Elected Officials…Clean Water is a top priority of your residents…

Now is the opportune time to address water infrastructure!

There is no denying that the majority of the 351 cities and towns in Massachusetts continue to face budget deficits in 2013. This is precisely the reason why

I am writing this open letter to city and town officials. I want to make two points. First, everybody is looking to their officials for bold and positive leadership. A major concern for you will be prioritizing essential programs and balancing the needs of your residents with expected rev-enue. My hope is that wastewater pollution control and clean drinking water will remain a top priority with you, as I know they are with your residents. Second, as the Leg-islature begins to tackle the Commonwealth’s water and sewer infrastructure, please be active in advocating for funding mechanisms that recognize the significant needs facing the Commonwealth and your city or town in the future. Whether residents and businesses understand it, a well maintained water infrastructure is the backbone to better public health, a cleaner environment and more economic development.

While the financial crisis that our cities and towns are now facing is cyclical in nature, it provides local officials the opportunity to review each and every government sponsored program to improve operating efficiencies, while eliminating waste and redundancy. The resulting ef-fort should be a government more responsive to the true needs of the people—one that does not ignore long term needs in the name of short term fixes.

To that end, the financial crisis represents an oppor-tunity to gain the largest social and economic benefit for

your residents. With this in mind, the Legislature will soon be addressing the Commonwealth’s water infrastructure funding needs in the near future. It is at this opportunity that cities and towns should seek more funding mecha-nisms to meet our future water infrastructure challenges.

Despite the State Revolving Loan Fund Program (SRF), faithfully managed and administered by the Mass-DEP, historically being the primary funding source for clean drinking water protection, the SRF alone may not be enough today. Although for many years there was in-sufficient SRF resources to fund all of the approved proj-ects, the SRF Program now has additional funds. Why? Facing these tight fiscal times, many municipalities may feel that more funding options are necessary. So while I encourage you to re-evaluate your SRF eligibility to ac-quire these unexpected and available funds, I also urge you to be a part of the discussions on Beacon Hill relative to your water infrastructure needs. If we tackle the Com-monwealth’s water infrastructure needs today, we will es-tablish a strong foundation for tomorrow.

When you review your budgets over the next few months and scrutinize each program, if you think about your residents and the long-term benefits of having a mod-ern and improved underground infrastructure, I believe you will make the right decision to not only go forward with your projects, if possible, but also be a leader at home and at the State House advocating for the tools to improve our water infrastructure. Leadership belongs to those who make difficult decisions for all the right reasons!

As I begin my term as UCANE President, I want to thank the membership for extending this privilege to me. I also want to congratulate my fellow Officers and Directors and look forward to working with them. My number one goal is to get work out to bid, and to support the Water Infrastructure Finance Commission (WIFC) in securing financial assistance for local cities and towns for their underground infrastructure projects. I’m counting on our memberships support so that we can reach this goal. n

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UCANE Active on Variety of Matters as 2011-2012 Legislative Session Closes

As the 2011-2012 legislative session drew to a close, the informal sessions saw UCANE ac-tive in attempting to advance its filed matters

and defending against other bills that would have a detrimental impact on the construction industry, gen-erally, and utility contractors, specifically.

While unsuccessful in advancing its price ad-justment legislation, which had passed the Massa-chusetts House of Representatives, UCANE was successful in defeating legislation that would have created onerous conditions for contractors in the coming year. While informal sessions are generally occasions for passing non-controversial legislation, two pieces of legislation impacting the construction industry were slated for movement at the end of the legislative session. In particular, UCANE was suc-cessful in raising sufficient concerns in unison with the Associated Builders and Contractors, to forestall the passage of Senate Bill 85, An Act Relative to Maintaining Public Water Systems. This legislation, which originally would have exempted municipalities and utility contractors on public projects from the interpretation of the Massachusetts Department of Public Safety relative to the use of licensed sprinkler fitters, was amended to exclude only municipalities. The legislation, which had already passed the Sen-ate, was defeated after a number of representatives raised concerns about the impact of the legislation.

Another matter in which UCANE raised concerns about the impact on the construction industry was with respect to House Bill 3158/Senate Bill 2478, Acts Relative to Public Construction and Process Piping. Originally a piece of legislation that contained an un-supported requirement for additional electronic cer-tified payroll submissions, the legislation was also amended to include further restrictions on “process piping”. As a result of the apparent duplication of certified payroll requirements and onerous process

piping requirements, UCANE and other construction associations raised significant concerns that led to both measures stalling before final passage. Accord-ingly, none of the aforementioned matters made it to the Governor’s desk for his approval. With the start of the 2013-2014 legislative session, it is expected that these matters will be re-filed for consideration by the legislature.

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Boston City Council Holds Hearing on Proposed Diesel Retrofit Ordinance

On December 18, 2012, a joint committee hearing of the Boston City Council’s Commit-tees on Government Operations and Labor,

Youth Affairs and Health held a public hearing on a proposed local ordinance mandating the use of die-sel retrofits. The late-filed ordinance would have had a dramatic impact on any contractor who entered into a contract for a public project funded by the City of Boston. In particular, the ordinance would have:

1. held city vehicles to a much lower standard (20% reduction vs. 85% reduction requirement);

2. specifically applied to contractors and sub-contractors;

3. created a narrow exemption threshold of $500,000 as well as vehicles only operating 100 hours or less;

4. prohibit Tier 2 engines in all cases;

5. allowed for the city to average their entire fleet while contractors could not;

6. made for no exemption for cranes and;

7. created a different standard than that used by virtually every state agency.

UCANE, after notifying its similarly situated con-struction associations, raised its significant concerns with City Councilors Stephen Murphy and Felix Arroyo, authors of the proposed ordinance. UCANE highlighted the concerns above as well as the general concern that this ordinance would adversely impact small to medium sized contractors and businesses. As a result of the significant concerns raised by a variety of impacted par-ties (i.e. snowplow contractors, trucking contractors and construction contractors), the Boston City Council did not act on the measure before the end of the year. Ac-cordingly, the measure must be re-filed before the new City Council session beginning in January.

As City Councilors expressed interest in seeing this ordinance, or a similar type of ordinance, passed into law, UCANE will continue to reach out to members of the Boston City Council to educate them about the practices currently used in the construction industry to address air quality concerns.

Legislative Update continued from page 5

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According to a late November press release, the Internal Revenue Service (IRS) issued the 2013 optional standard mileage rates used to calcu-

late the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on January 1, 2013, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

• 56.5 cents per mile for business miles driven.

• 24 cents per mile driven for medical or moving purposes.

• 4 cents per mile driven in service of charitable organizations.

The rate for business miles driven during 2013 in-creases 1 cent from the 2012 rate. The medical and moving rate is also up 1 cent per mile from the 2012 rate. According to the IRS, the standard mileage rate for busi-ness is based on an annual study of the fixed and vari-able costs of operating an automobile. The rate for medi-cal and moving purposes is based on the variable costs.

It is noted that taxpayers always have the option of calculating the actual costs of using their vehicle rath-er than using the standard mileage rates. That said, please note that the IRS warns that taxpayers may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle. In ad-dition, the business standard mileage rate cannot be used for more than four vehicles used simultaneously.

These and other requirements for a taxpayer to use a standard mileage rate to calculate the amount of a deductible business, moving, medical, or charita-ble expense are in Rev. Proc. 2010-51. Notice 2012-72 contains the standard mileage rates, the amount a tax-payer must use in calculating reductions to basis for de-preciation taken under the business standard mileage rate, and the maximum standard automobile cost that a taxpayer may use in computing the allowance under a fixed and variable rate plan. To obtain a copy of this no-tice, please visit: www.irs.gov/pub/irs-drop/n-12-72.pdf.

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Representative Robert DeLeo Elected Speaker of the House; Senator Therese

Murray Elected Senate President

The Massachusetts Legislature convened its 188th general session on January 2, 2013. Af-ter the swearing in of their respective member-

ship, members elected Representative Robert “Bob” DeLeo as Speaker of the House and Senator Therese Murray as Senate President. Speaking to members of the House, Speaker DeLeo (D-Winthrop) vowed to tackle the issues facing the state’s transportation system, lead a state-level effort to address guns and mental health, maintain a sharp focus on economic development and job creation, and, once again, ask the House to freeze the scheduled unemployment in-surance rate increase.

Aware of the large issues and budget deficit that loom over the MBTA and state transportation system in general, Speaker DeLeo presented three main principles that will inform the House’s forthcoming approach: (a) considering all opportunities to bring efficiencies to our transportation operations; (b) re-flecting a sense of regional equity; and (c) maintain-ing roads, bridges and tunnels in good and safe con-dition.

Of further interest to UCANE members, Speak-er DeLeo recognized the need for implementing an unemployment insurance rate freeze. In addition to asking the House to freeze the rate again this year, the Speaker reiterated his interest in stimulating busi-ness and creating jobs in the Commonwealth. This news was tempered by the Speaker’s note that he would also look at the long-term functionality of the state’s unemployment insurance system – something that has often spotlighted concerns over industries that rely on seasonal workforces.

On the Senate side of the ledger, Senators elected Senator Therese Murray (D-Plymouth) to her last possible term for Senate President. (Note: Senate rules limit any Senator to eight years (i.e. four full terms) as Senate President.). In her com-ments before the body, Senate President Murray listed her priorities as transportation financing; wa-ter infrastructure financing; gun control and the revi-sion of sex offender laws to greater protect the pub-lic. In particular, the Senate President noted that the needs of the Commonwealth’s water infrastructure were essential to protecting the environmental sus-tainability of the state as well as its economic growth

potential. As an example, the Senate President highlighted the needs of Cape Cod as it struggles to address the problem of nitrogen impaired waters throughout the region.


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Representative Brad Jones andSenator Bruce Tarr Elected Minority Leaders

With the election of Speaker DeLeo and Sen-ate President Murray, Democrats chose their preferred leadership for the next two years.

On the other side of the aisle, Republicans chose their own leaders for the 2013-2014 legislative session. To that end, House Republicans chose Representative Brad Jones (R-North Reading) as their Minority Leader. Since his election in 1994, Minority Leader Jones has not missed a roll call vote during his legislative career, accumulating 5,490 consecutive votes. In his initial comments, Jones asserted that Republicans would re-sist the "ongoing and increasing clamor on Beacon Hill about the need for a statewide tax increase”. Further, Jones called on the Legislature to "exhaust all options for savings at the state level" before considering a local aid reduction. Finally, Jones also called on Democratic legislative leaders to more aggressively tackle job cre-ation measures in the new session.

Republican Senators chose Senator Bruce Tarr (R-Gloucester) as their leader for the session. A for-mer Representative in the Massachusetts House of Representatives, Tarr was elected to the Senate in

1994. In addressing his Senate colleagues, Senate Mi-nority Leader Tarr cautioned that raising taxes should not be the first approach to fix the state's transporta-tion funding dilemma, water and sewer infrastructure needs, and a $540 million midyear budget gap. In-stead, Tarr urged fellow lawmakers to exercise "fiscal discipline" before talking about taxes and to look at reducing spending in some areas.

There are currently 29 Republican House mem-bers and 4 Republican Senators within the Massa-chusetts Legislature. n

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This bridge was built on tem-porary falsework and then car-ried 300 feet over MBTA Railroad tracks using Self Propelled Modu-lar Transporters (SPMT). This was the first MassDOT project which used the SPMT method over railroad tracks.

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In 1962, Pelino A. Gioioso and his five sons, Tommaso, Giuseppe, Luigi, Ferrante Sergio and Francesco founded P. Gioioso & Sons, Inc. They immediately established their philosophy for success with core val-ues to operate honestly with integrity and fairness, produce quality work, and honor all commitments without regard to financial consequences, which still holds true today. Last month they celebrated their 50-year an-niversary in the Construction Industry.

The Gioioso family emigrated from the small town of Filetto in the region of Abruzzo, Italy, where they worked as farmers looking towards America as the land of new opportu-nities that would improve their lives. Know-ing the meaning and value of hard work, they first started out as manual laborers working for the city of Boston. In 1959, Pelino, Fer-rante and Tommaso founded Gioioso Bros., Inc., which began as an excavating compa-ny for drainage, water and sewer work, golf courses, and later evolved to include the purchase and maintenance of machinery and the supply of materials. When P. Gio-ioso & Sons, Inc. launched in 1962 with Fer-rante and Tommaso as Directors, Giuseppe as Secretary, Luigi as President, and Fran-cesco as Treasurer and General Manager, it carried out the projects working in tandem with Gioioso Bros., Inc. by continuing drain-age, water and sewer work, and venturing further by building four more golf courses in Massachusetts and Maine.

P. Gioioso & Sons, Inc. continued from page 15 The Gioiosos applied diligence and dedication to their work throughout the years as the projects became increasingly diversified in scope and scale. They met new projects head on. The diverse projects ranged from pipe-line construction for water mains through Spot Pond, to building a sewer pipeline around Lake Winnipesaukee, to rebuilding the ferry terminal in Nantucket in the early 1980s. By taking on bigger and greater challenges, P. Gioioso & Sons, Inc. grew to be a solid and a well-diversi-fied general contractor performing pipeline, environmen-tal, and transportation projects. After working in this in-dustry for over 50 years, the brothers from Abruzzo have transcended the characteristics of their Italian heritage – strength and affability, dedication, love of work, the desire to make the company successful and the courage to face new undertakings – into everything they accomplished. They now have over 150 employees, including engineers, technicians, laborers, drivers, operators, carpenters, and many more, who consider the company their home.

(L-R) Gioioso Brothers: Luigi, Giuseppe,Tommaso, Ferrante Sergio & Francesco



P. Gioioso & Sons, Inc. is a multi-faceted General Construction Contractor with its main location in Hyde Park, MA where the company also houses its equipment maintenance facility. Their construction management ap-proach provides an efficient, seamless blend of experi-enced personnel from the major project participants who build on their expertise and experience with more accel-erated and complex projects. This approach is based on team building, continuous coordination, open decision-making, and most importantly, the commitment by all par-ties to responsiveness.

P. Gioioso & Sons, Inc. and all of its employees – whether they are tradesmen, administrators or managers – take pride in the reputation the company has developed since 1962. The company has the necessary personnel, financing, and equipment resources to complete a wide range of projects including utility, heavy construction, and design/build throughout the state of Massachusetts and adjacent states.

Most of their clients are public agencies, cities and towns. Their completed and current projects vary in size and complexity, and they range in value to more than $37 million. The company also has the capacity to handle larg-er projects up to $100 million. Over the years their projects included a $47 million design/build combined sewer over-flow project with US Filter and the Maguire Group for the Lynn Water and Sewer Commission. The project was the first CSO Design/Build project in the nation.

As opportunities arose, the company ventured into building pump stations, water and sewer treatment plants, tunnels, marine work, bridges, roads, hydroelec-tric turbines, chemical soil stabilization, restoration of

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UCANE is proud to count P. Gioioso & Sons, Inc. as a longtime and respected member of

our Association and wishes the Gioioso family continued growth and success. n


P. Gioioso & Sons, Inc. continued from page 17

2012 Capital Improvement Program Project

Mass. Ave., Dorchester, MA

old buildings, residential subdivisions, buildings, a rac-quetball club, reconstruction of a ferry terminal, histori-cal pump station re-modernization and microtunneling.

As one of the region’s leading contractors with a strong specialization in environmental projects, they have maintained a continuous presence in the Boston area for over half a century. The pioneering efforts of the founders and the management team provide quality work, efficiency, and workers' safety, which earned P. Gioioso & Sons, Inc. its reputation as one of the state's most respected contractors.

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Representative Paul Donato

Please provide some insight into your back-ground and your responsibilities in the legislature.

I am serving my sixth term in the Massa-chusetts House of Representatives. Prior to entering the Legislature in January, 2001, I

served on the Medford School Committee from 1971-1975, the Medford City Council from 1976-1985 (served as Mayor 1980-1985) and from 1995-2001 (served as Council Presi-dent from 1999-2000).

I presently serve as one of four House Division Leaders. As a member of the Speaker’s leadership team, I provide counsel on legislative issues and often substitute as the pre-siding officer during House sessions. Prior to this appoint-ment, I served as the House Chairman of the Committee on Municipalities and Regional Government, Chairman of the House Committee on Steering, Policy and Scheduling, Vice-Chairman of the House Committee on Personnel and Administration and previously served on the Transportation, Energy and Local Affairs Committees.

Massachusetts, along with the rest of this country, is facing an economic downturn. Please give your thoughts on how the state

will continue to address these difficult financial times and the importance of finding ways to support local aid to cities and towns to help support basic municipal services, including water and sewer services.

Massachusetts has been impacted by the global downturn but has been able to cope with it far better than most states. In Massachusetts, we

have a “rainy day fund” to help offset declining revenues in extraordinary times. We have been able to fall back on this fund which has protected our services and bond status. Mas-sachusetts’ economy is growing, but we are still faced with difficult budget choices. The legislature remains committed to creating more innovative reforms, increasing efficiency in the delivery of services, and providing critical resources for Massachusetts communities, such as support for basic services such as water and sewer infrastructure.

You filed legislation this session that would enable owners of real estate who are 65 years of age or older to take a property tax

exemption equal to 50% of charges paid to a city or town for water and sewer. Can you share your thoughts about this piece of legislation?

Malden and Medford are members of the Massachusetts Water Resources Authority (MWRA) which has some of the highest water

and sewer rates due to the cleanup of Boston harbor. Many seniors in my district live on a fixed income and struggle to make ends meet. This legislation will allow qualifying seniors a discount on their local water and sewer bills, based upon their income.

The State Revolving Loan Fund Program (SRF) is an important state program that provides financial assistance, in the form of

2% low-interest loans, to communities for critical waste-water and drinking water infrastructure projects. Please discuss the importance of this program.

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Interview continued from page 21

Each year MassDEP solicits projects from Massachusetts municipalities and wastewater districts to be considered for subsidized loans.

The current subsidy is provided via a 2% interest loan. In recent years the program has operated with $300 to $350 million per year, representing the financing of 50 to 70 projects annually. This program is extremely important to address the needs of our communities and to provide an affordable option to these critical projects. Besides the obvious infrastructure improvements, this program is also important because these projects create local, good paying jobs.

As the Representative of a district with a Water Enterprise Fund in place, you under-stand the importance of maintaining water

and sewer infrastructure systems. Please discuss your thoughts relative to the importance of drinking water, and the infrastructure that transports it.

Water is a key component in determining the quality of our lives. My district’s “Water Enterprise Fund” shows our commitment to

promoting sustainable practices that will help ensure that citizens continue to enjoy the benefits of clean and safe water. We are working with a broad group of stakeholders to help bring about more sustainable practices at all levels. It is important for communities to make improvements to our water infrastructure, street by street, house by house – the MWRA cannot do it alone.

The Commonwealth Sewer Rate Relief Fund is an important program in the State Budget. These funds help to alleviate wa-

ter and sewer rates for municipalities throughout the Commonwealth. At one point this program was funded at $61 million, but because of the declining economy it has been cut. Please discuss the importance of assisting communities with annual rate increases to water and sewer bills (and if not through Rate Relief then how)?

The Legislature has acknowledged, through programs like Rate Relief, that communi-ties cannot continue to bear the burden

of annual water and sewer rate increases. Rate Relief provides a mechanism that helps to alleviate the impact of rate increases by providing more assistance to those communities that incur debt through improving their water infrastructure. For that reason, it is important that the Legislature continue to appropriate funds to help communities avoid bearing the brunt of trickle down costs in other manners as well. For instance, MWRA's sewage treatment system has undergone a nearly complete transformation under the federally mandated 11-year, $3.8 billion Boston Harbor Project. The project, which is now complete, included a new sludge-to-fertilizer facility; the Deer Island Treatment Plant with primary and secondary treatment capabilities; the Inter-Island Tunnel that tied together two separate sewer systems (North and South) into one; and the 9.5-mile Effluent Outfall Tunnel to discharge treated wastewater away from shallow Boston Harbor waters and into the deeper waters and stronger currents of Massachusetts Bay. To lessen the impact on af-fected communities, the Legislature provided significant funding for rate relief to offset projected rate increases. As we proceed, we hope to increase funding of programs that provide relief to communities where possible to avoid increases to water and sewer rates. n

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InMassachusetts,wehavea“rainyday fund” to help offset decliningrevenues in extraordinary times.Wehavebeenabletofallbackonthis fund which has protected ourservicesandbondstatus.

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OSHAs'Top 10

most cited violations

2 0 1 2

Reprinted from Safety+Health, Vol. 186, No. 6 • ©2012 National Safety Council

OSHA’s Top 10most cited violations


Hazard CommunicationThis standard addresses the hazards of chemicals produced in the work-place and imported into the workplace. It also governs the communication of those hazards to workers.

Standard: 1910.1200 total violationS: 4,696 FY 2011 ranking: 3 (6,538 violations)

2

OSHAs'Top 10

most cited violations

2 0 1 2

Fall ProtectionThis standard outlines when fall protection is required, which systems are appro-priate for given situations, the proper construction and installation of safety sys-tems, and the proper supervision of employees to prevent falls. It is designed to protect employees on walking/working surfaces (horizontal or vertical) with an

unprotected side or edge above 6 feet.


1

CHanges Have been oCCurring at OSHA in recent years.

More than two years ago, the agency replaced its program targeting chronic vio-lators of OSHA standards with one officials hoped would lead more employers to take steps that go beyond simple hazard abate-ment. The agency has increased the num-ber of press releases publicizing hefty fines or violations of less-common standards. And during the past couple of years, OSHA has been transi-tioning to a newer data collection system that officials believe will allow for better tracking and evaluation of data.

This new system – the OSHA Information System – sup-plied the data for this year’s list of the Top 10 most fre-quently cited OSHA violations. Because the agency is still

in transition with the system, the data presented in this year’s annual Top 10 article should be considered prelimi-nary, as it does not reflect all the vio-lations issued during fiscal year 2012, which covers the period of Oct. 1, 2011, through Sept. 30, 2012.

However, not everything OSHA does can be summed up by what is presented in the Top 10 list. In an interview with

Safety+Health (see p. 52), Patrick Kapust – deputy director of OSHA’s Directorate of Enforcement Programs – explains how other changes at the agency are hopefully improving safety across the country.

“Our emphasis is for employers to correct hazards,” Kapust said.

oSHa’S moSt cited violationS

For FY 2012 and otHer

enForcement initiativeS

Top 10Examining the




33

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Aggregate Industries leads the green building materials market in New England. A range of our products use warm mix asphalt technology, which consumes less energy, results in lower carbon emissions, and allows for increased recycling opportunities. We recycle more than 600K tons of asphalt and concrete each year. In addition, our portfolio includes green products that contribute to the US Green Building Council’s Leadership in Energy and Environmental Design (LEED) certifications, including pervious concrete and asphalt.

Aggregate Industries has been a supplier of the building products and solutions market that the residents of New England have relied on for over 100 years. As part of the Holcim Group, Aggregate Industries views our commitment to Corporate Social Responsibility and Community as one of our core values. We believe that a responsible company takes care of the communities in which the company serves and supports the employees who work for it.

We are committed to sustainable development and the preservation of the resources we rely on for the products we produce. Aggregate Industries is recognized as an environmental leader in the industry for having voluntarily conformed to the International Standards Organization Environmental Management System, ISO 14001.

While our business will continue to grow, our commitments will remain the same:

�• Set the standard by which all companies in our industry are measured.

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�• Be the leader in sustainable construction.

At Aggregate Industries, we know you rely on the products we produce, and we look forward to the next 100 years of servicing the communities across New England.

For more information about our Company and our products, please visit:

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Delivering Value



48 sh.nsc.orgSafety+Health | December 2012


scaffoldingThis standard covers general safety requirements for scaffolding, which should be designed by a qualified person and constructed and loaded in accordance with that design. Employers are required to protect construc-tion workers from falls and falling objects while working on or near scaffold-

ing at heights of 10 feet or higher.


3respiratory ProtectionThis standard directs employers on establishing or maintaining a respira-tory protection program. It lists requirements for program administration; worksite-specific procedures; respirator selection; employee training; fit testing; medical evaluation; respirator use; and respirator cleaning, main-

tenance and repair.


4LaddersThis standard covers general requirements for all ladders.


5Machinery and Machine guardingThis standard covers guarding of machinery to protect operators and other employees from hazards, including those created by point of opera-tion, ingoing nip points, rotating parts, flying chips and sparks.


6


Continued from page 27



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Powered industrial TrucksThis standard covers the design, maintenance and operation of powered industrial trucks, including forklifts and motorized hand trucks. It also covers operator training requirements.


7electrical – Wiring MethodsThis standard covers the grounding of electrical equipment, wiring and insulation. It includes temporary wiring and splicing, such as flexible cords and cables.


8Lockout/TagoutThis standard outlines minimum performance requirements for the control of hazardous energy during servicing and maintenance of machines and equipment.

Standard: 1910.147 total violationS: 1,572 FY 2011 ranking: 5 (3,639)

9electrical – general requirementsThis standard covers general safety requirements for designing electrical systems.

Standard: 1910.303 total violationS: 1,332 FY 2011 ranking: 9 (2,863)

10




52 sh.nsc.orgSafety+Health | December 2012


Safety+HealtH: The current administration has increased its use of press releases to publicize fines and penalties lev-ied on employers, even when assessed penalties are as low as $7,000. Top OSHA officials – including David Michaels and Jordan Barab – have said these releases help incentivize other employers to abate hazards. Is OSHA seeing increased awareness of workplace hazards as a result?PaTriCk kaPusT: OSHA generally issues press releases for larger enforcement cases. But we also have another kind of criteria – our “novel” enforcement cases. These are the cases where we anticipate media attention, or that we want to make other employers aware of.

In addition to traditional methods such as press releases, OSHA is using new online social media to communicate our message about worker safety and health. I think we are see-ing encouraging results – more hits on our webpages (more than 200 million visits last year alone) and downloads of applications we’ve developed and more requests for infor-mation from our field offices.

S+H: So this publicity is not merely to shame employers that were cited, but to offer a lesson that other employers may not necessarily be aware of?

kaPusT: Our emphasis is for employers to correct hazards. Because OSHA can only reach a small number of work-places in the country every year, the information contained in press releases serves an important educational and deterrent purpose for other companies in the same industry and geographical area. They also serve to bring attention to important novel enforcement cases. Some enforcement actions may not carry large penalties, but may be a case that the public should know about. For example, a workplace violence General Duty Clause case would be a novel case, and that could be a $7,000 or even lower violation because it’s just one single violation.

S+H: Two-and-a-half years ago, OSHA implemented its Severe Violator Enforcement Program to replace the Enhanced Enforcement Program. What effect has this change had on compliance?kaPusT: The Severe Violator Enforcement Program encour-ages employers to comply with our standards and abate

Pho

tos: Internatio

nal Center fo

r the Do

cumentary A

rts

Q&A with Patrick KapustPaTriCk kaPusT serves as deputy director of OSHA’s Directorate of Enforcement Programs, and leads a staff sup-porting OSHA’s mission of standards enforcement. He started with the agency in 1991 as a compliance safety and health officer. In October, Kapust spoke with Safety+Health Senior Associate Editor Kyle W. Morrison about recent changes OSHA has undertaken regarding its enforcement efforts.

above: Senior Associate Editor Kyle W. Morrison (left) and OSHA’s Patrick Kapust announce OSHA’s Top 10 most cited violations at the 2012 NSC Congress & Expo in Orlando, FL.



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sh.nsc.org Safety+Health | December 2012 53


various hazards. Employers cited with multiple high-gravity willful or repeat violations, or failure-to-abate notices related to the high-emphasis hazards, would be brought into the pro-gram. Once employers are placed in SVEP, we do follow-up inspections and conduct inspections at other locations when we have reasonable grounds to believe non-compliance may be systematic. As of Sept. 30, we’ve had 209 SVEP cases.

S+H: How does this program compare to its predecessor?kaPusT: We are undergoing a study of SVEP to evaluate the program’s implementation – such as the number of referrals and follow-up visits. The program that preceded this was criticized by the Office of Inspector General for, among other items, failing to conduct follow-up visits where possible. We’re also looking at how SVEP affects companies with fixed sites compared with construction companies that are not going to be staying at the same site and may be difficult to follow up on.

S+H: Are you seeing some movement out of the program, or improvements from those employers in the program?kaPusT: An employer is not eligible to be removed from the program until after three years. Right now, we’re only two-and-a-half years into the program, so no one is eligible to be removed yet. I think the program is having an impact. Given the three years employers have to remain in SVEP during which they cannot have any violations of the same sort that put them into the program, we’re hoping employers will not only com-ply with OSHA standards, but also start implementing other enhancements, such as third-party safety and health consul-tation at their workplaces.

S+H: Along with increased issu-ance of press releases on penal-ties and fines, OSHA seems to be pursuing more corporatewide settlement agreements to abate hazards. Does OSHA plan to continue this, and how often does this occur?kaPusT: We are going to continue to pursue corporatewide settlement agreements. We feel that it is a highly effective tool for us to ensure companies address hazards that can seriously injure or kill their workers throughout their work-sites. Corporatewide settlement agreements require the kind of widespread change within a corporation – beyond simple compliance with OSHA standards – that can go a long way in keeping workers across the country safe and healthy. We cur-rently have about 14 corporatewide settlement agreements, but we are in the process of negotiating others.

S+H: What are you finding by using this as a leverage tool?kaPusT: A lot of companies are coming to us and want-ing to enter a corporatewide settlement agreement where they’ll abate all the hazards throughout their corporation. But there has to be a little bit more than that. Companies already are required to abate their hazards and meet our standards. For a corporatewide settlement agreement, we look at what kind of enhancements they are willing to provide. For example, I was involved in corporatewide set-tlement agreement where the employer retained a third party to monitor compliance at their worksites to ensure they maintain a safe and healthful workplace. They also agreed to provide us reports on their progress.

S+H: Do corporatewide settlement agreements create any legal hurdles?kaPusT: When we enter into them federally, they only cover federal OSHA states. We let the State Plan states know that we’ve entered into a corporatewide settlement agreement, and we encourage them to do so, too. If a state decides to enter in the same agreement with that corpora-tion, then they would be able to enforce it as in the State Plan. But it’s still up to the state whether they want to adopt or negotiate the corporatewide settlement agree-

ment with the employer.

S+H: Regarding this year’s Top 10 list, OSHA is in transition between two different data sys-tems – the OSHA Information System has replaced its Inte-grated Management Informa-tion System. Tell us about the reasons for this transition.kaPusT: OSHA needed to update its systems to replace its aging IMIS system and to have a more robust web-based infor-mation management tool that would allow us to have a better

ability to manage, track and evaluate data. That is critical to the operations at OSHA, and to help with our long-term planning. Right now, all the federal offices in OSHA have transferred over to OIS, and it will be deployed to State Plan states in the future.

S+H: Will there be any impact on employers?kaPusT: Employers will be able to access the data the same way they’ll be able to access IMIS data. The combined OIS and IMIS data is available on the Department of Labor and OSHA websites. They’ll be able to access it pretty much in the same fashion they’re able to now.



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New York Tunnels:Tunnels used by vehicles to access New York

were completely underwater. Dewatering the tunnels would allow additional support and relief operations access to the city. In addition to emergency genera-tor power and piping systems at the Brooklyn Battery Tunnel, Rain for Rent mobilized HH125 and DV150i pumps to dewater the Queens Midtown Tunnel from the Queens and Manhattan sides. Water had to be pumped through the 1.3 mile long tunnel to discharge back into the ocean.

Electricity in New York:More than 100,000 power lines were downed by

the storm and surge. One transmission center flooded that provided electricity for more than 900,000 custom-ers and millions of New York residents. Much of lower Manhattan remained in the dark for days following the storm.

Rain for Rent provided pumping needed to empty the underground transformer vaults to allow repairs to be made and power restored. Three teams worked 24 hour shifts, providing continual pumping for the utility.

SUPERSTORM SANDY RELIEF EFFORTS

On October 24, 2012 at the news of a coming “Frankenstorm,” Rain for Rent began to mobilize equipment and personnel from the Western and Southern United States.

What later became known as Superstorm Sandy devastated the eastern seaboard of the United States on October 29th. The hurricane brought a storm surge and sent 10 foot walls of water through New York and New Jersey, affecting millions of residents and companies in the area and killing more than 130 people.

As the storm passed, the flood waters remained and Rain for Rent’s mobilization and emergency preparedness helped residents and businesses across the affected areas. Equipment was dispatched to various sites to support the needs of the Northern New Jer-sey and the New York City metro area.

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Rain for Rent continued from page 37 New Jersey Refineries:Fuel supplies in the cities dwindled and refineries

struggled to get back to normal operations.

Refineries and a tank terminal blending facility in New Jersey utilized Rain for Rent to help them salvage their operations and begin producing fuel for the sur-rounding area. Dozens of pumps, tanks, spill contain-ment solutions and hoses to were used dewatering needs.

Fire suppression systems were provided water by high head pumps, capable of producing up to 2,000 GPM at 150 psi and personnel while the facility was brought back online.

Additionally, Rain for Rent had to recreate waste-water systems in one refinery with two DV150i pumps, sand-media filtration and carbon filtration to lower the total organic compound levels to less than 2 parts per million. The system was designed by Rain for Rent to run at the needed 2,000 GPM to return the facility to operation.

World Trade Center:Below grade construction at the World Trade Center

flooded with millions of gallons of storm and sea water. Working with the U.S. Army Corps of Engineers and using DV300i pumps to boost the flow of submersible pumps, construction pit flood levels dropped four feet within four minutes of operation.

New Jersey Train Station:A major hub of transportation near the port of Newark

needed to be drained. There was no access to create a pump station on land and access the tunnel, so a barge was floated in the port. The barge carried two DV300 pumps providing 8,000 GPM of dewatering.

U.S. Army Corps Of Engineering divers helped repair valves in the tunnel so water would not flow back in. In all, the pumps ran for 36 hours straight, draining all of the water from the train station.

Basement Dewatering:Many basements in Lower Manhattan were flooded

by a mix of storm and sea water. Mixtures of oil, fuel and other contaminants in these basements meant the water could not simply be discharged into the city’s storm sewer system.

Rain for Rent tanks were used along with air oper-ated diaphragm pumps to assist in the basement dewa-tering. The water was kept in tanks and later removed by vacuum truck in and around the Financial district and Water Street in Lower Manhattan over several days.

Rain for Rent continues to provide ongoing support for storm recovery. n


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Note: I would like to acknowledge the assistance of my colleague, Rhiannon A. Campbell, who helped write this month’s article. Rhiannon is an Associate in the Litigation Group at Hinckley Allen Snyder, LLP.



The New Massachusetts Hazardous Waste Processes Regulations

Unlike federal chemical process safety stan-dards, which apply to specific chemicals in excess of certain amounts (usually 10,000

pounds), the Massachusetts regulations apply to pro-cesses involving any chemical with a National Fire Protection Association rating of three or higher and contains no threshold quantity for applicability.

If a process falls within the scope of the regula-tions, it is placed into one of five categories largely based on vessel capacity, or the size of the container in which partial or actual process takes place. The categories are broken down as follows: Category 1: less than 2.5 gallons; Category 2: 2.5-60 gallons; Category 3: 60-300 gallons or a process area that is classified as being H Occupancy under the Mas-sachusetts State Building Code; Category 4: more than 300 gallons, but not a Category 5; Category 5: amounts equal or greater than the threshold amounts of OSHA’s Process Safety Management Standard or EPA’s Risk Management Plan.

A process’ categorization determines its compli-ance and permit requirements. A facility with Cate-gory 1 processes must comply with all existing ap-plicable regulations. Facilities operating Category 2 through 5 processes must, in addition to complying with existing regulations, meet permit requirements

On February 3, 2012 the Massachusetts Department of Fire Services’ Hazardous Materials Processing regulations, promulgated in response to a number of explosions and fires that involved processing of hazardous materials, went into effect. The regu-lations are applicable to any new or existing facilities that process hazardous materi-als, including, for example, facilities that heat, cool, mix, pressurize, reduce, oxidize, or purify hazardous materials. It does not apply to the storage or waste collection of hazardous materials.

by filing an application for a Permit to Process Haz-ardous Material. Facilities operating Category 3 and Category 4 processes must further complete a Cate-gory 3 Hazard Evaluation (a written evaluation, com-pleted for each process, identifying hazards and de-termining preventative, protective and safety control measures) and, in the event of an incident in which there is an emergency personnel response or a re-portable release of hazardous materials, must initi-ate a written post-incident analysis within 48 hours and complete that analysis within 45 days. Facilities operating a Category 4 process must also implement a “limited process safety program,” which is an evalu-ation or policy to ensure compliance with process information, facility stability requirements, a process hazard safety analysis, written procedures on emer-gency response and operation and maintenance, among other things, written training programs, inter-nal reviews and a written records management pro-cess. A facility operating a Category 5 process must further self-certify compliance with OSHA’s Process Safety Management Standard or EPA’s Risk Man-agement Plan. Multiple processes may be present in any single facility, and each process must meet its respective requirements. However, although not yet determined, it is possible that after full implementa-

Rhiannon Campbell, Esq.Robin L. Main, Esq.

Environmental ViewpointHinckley Allen Snyder, LLP

Environmental Viewpoint continued from page 41

tion of the regulations, facilities may be able to com-bine their processes into a single permit.

Facilities operating any subject process, regard-less of category, must implement a written emergency response program that identifies emergency coordina-tors, provides coordinators’ contact information, and pro-vides a floor plan illustrating where hazardous material is stored and where any emergency equipment is located. For facilities operating Category 3 through 5 processes, the emergency coordinator is further required to com-municate any concerns to the local fire department and must establish a protocol with the fire department for the shutdown of any process that would pose a risk to the public should there be a loss of controls.

As noted above, facilities operating Cat-egory 2 through 5 processes must meet per-mit requirements by filing an application for a Permit to Process Hazardous Material. These deadlines are fast approaching. Permits for all Category 5 processes must be submit-ted by January 1, 2013, while permits for all Category 4 processes must be submitted by June 1, 2013 and permits for all Category 2 and Category 3 processes must be submit-ted by January 1, 2014. n

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Scholarship Applications Now Available

WHO MAY APPLY?Any high school student who is the son or daughter of a UCANE member or an employee of a member who will be enrolling full time in an accredited four year academic institution for the year beginning in September 2013. IMPORTANT: In the event the applicant receives a full four year scholarship from the college of his/her choice, the UCANE scholarship will be awarded to another applicant.

HOW WILL THE APPLICATION BE JUDGED?This year there will be ten $2,000 scholarships awarded. Selections for the awards will be based upon:

1. scholastic achievement2. interest and effort in preparing for your vocation3. extra curricula activities at and away from school, including community service4. personal recommendations5. personal essay6. financial need

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED?Each applicant is assigned a number. When completed, page 1 of the application with the name of the applicant must be detached and sealed in the accompanying envelope. The applicants name must not appear on pages 2-4 of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with corresponding numbers will be opened to identify the award recipient.

WHAT MUST ACCOMPANY THE APPLICATION?1. A transcript of high school grades through the latest period prior to April 15th must accompany application.2. A letter of recommendation from the principal or faculty advisor. The letter should include the number of students

in the class and the standing of the applicant or equivalent must accompany application.3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible

members of the community, (optional but recommended).4. Please indicate the UCANE company by which you or your parent is employed.

NOTE: The name of the applicant must be deleted entirely from pages 2 through 4 and all accompanying correspondence, and your application number must be inserted in its place.

WHEN MUST I APPLY?All applications must be submitted no later than April 15, 2013.

FOR AN APPLICATION, PLEASE SEND YOUR WRITTEN REQUEST TO:Utility Contractors’ Association of New England, Inc.300 Congress Street • Suite 101 • Quincy, MA 02169

Tel: 617.471.9955 • Fax: 617.471.8939 • Email: [email protected]

UCANE To Award Ten $2,000 Scholarships


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BENEFITS & HRTRATEGIES

Gregory C. LewisAIF, MSF, Pinnacle Financial Group


5 Steps EmployersCan Take for 2013

Retirement Plan SuccessAs part of the recent 2012 PLANADVISER National Conference,

panelists identified five ways plan sponsors can re-focus their goals for plan significance and success in 2013.

Step 1Market Your Plan & Its

ResourcesPlan sponsors should be proactively reaching

out to help participants make informed decisions concerning their retirement. Plan sponsors should ask themselves: “Is the plan currently being com-municated to participants as a valuable component of the company’s employee benefits package? If not, how can we better promote the plan?” A key part of plan promotion is clearly and prominently sharing the available resources and guidance to which eligible employees have access. Retirement investing is a daunting prospect. Your internal marketing is key to ensuring successful participation in the plan. A vari-ety of participant services can be employed to sup-port a successful, high-touch, paternalistic campaign.

Pinnacle provides many of its retirement plan clients with participant concierge services that allow eligible employees to contact our consultants directly, which is particularly valuable when entering the enroll-ment window. Direct engagement is proven to lead to more positive enrollment numbers. Barriers to entry are more easily overcome in a one-on-one setting with an expert who can help participants comprehend the value of high deferral rates, suitable asset allocation, and consolidation through rollover capture.

Step 2Maximize Plan Design

What is the goal of this plan? Is it altruistically maximizing financially sound retirement experiences for participants or is it limiting sponsor liability? Ide-ally, a plan sponsor can achieve both objectives, and having a plan design optimized for your company’s specific goals is one of your most valuable instru-ments. Many plan features can be altered to foster improved outcomes. As plan sponsor, you can:

• Increase your match or optimize the match formula

• Simplify investment options

• Eliminate or restrict loans

• Implement automatic enrollment and/or deferral increase features

Plan sponsors should look to their qualified plan consultants for the cost-benefit analysis of any poten-tial changes to ensure that you have the information needed to make the best strategic decision.

Step 3Focus on Benefit AdequacyParticipants need to be educated on the realities

and the necessity of retirement planning. Participants

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Benefits & HR Strategies continued from page 45


often have expectations that are not entirely realis-tic, given that many are woefully underfunded and/or under-informed when it comes to their retirement. The media depiction of retirement as daily golf, enter-tainment, and island vistas leaves many thinking that they’ll never achieve such idyllic retirement goals so why bother, while others blindly assume they certain-ly will retire like this yet don’t actually take the requi-site actions to achieve it. Even if a modest retirement lifestyle is targeted, participants still often save at an inadequate rate.

Automatic features like automatic enrollment or automatic deferral increases allow employee iner-tia to work for the plan and for the employee, rather than against them. Setting the default deferral rate to a higher percentage or using auto increases to get there over time can get participants to adequate sav-ings rates that allow for a realistic chance of achiev-ing their desired retirement lifestyle.

While generally beneficial, automatic features are not right for everyone. Plan consultants can help sponsors carefully weigh the consequences of auto-matic implementation, such as the potential addition-al administrative burden and the increased outlay for plan sponsors who provide matching contributions.

Step 4Understand Plan Costs

Now that fee disclosure regulations have gone into effect, plan costs should be readily available, more transparent, and meaningful to both plan sponsors and plan participants. Often, the majority of a plan’s oper-ating costs are borne by the partici-pants in the form of investment or other asset-related charges.

Most participants are not likely to properly interpret the fee disclosure or implement prudent changes to their investments, so plan sponsors should be expected to identify charges that may be ex-cessive, and take steps to ensure fees are reasonable, particularly for those borne by participants. Fees can take a number of forms and can be excessive in any or all of them. Examples of charges to re-evaluate are:

• Expense Ratios (partici-pant borne): Funds come in a variety of share class-es ranging from expensive to cheap.


• Wrap fees or asset-based charges (par-ticipant borne): Basis point charges typi-cally applied to all assets in the plan and netted from returns.

• Per head fees (participant or sponsor borne): $x per head charged annually or quarterly.

• Base fee (sponsor borne): $x per plan charged annually or quarterly.

Step 5Evaluate Your Target Date

Funds & Understand the RisksDon’t get too caught up with returns alone. Work

with your plan consultant to assess and consider risk levels, glide paths, asset class coverage, and equity/bond exposure ratios before deciding on a target date fund series which best reflects the needs of your par-ticipant demographic. Communicate effectively that target date funds are a long-term investment, and that while they are a one stop solution, they are not designed to unilaterally prevent any losses. If partici-pants understand the associated risks, they can bet-ter select the appropriate fund, rather than rely simply on one metric like their age. They will also be more likely to ride out difficult markets.

If off the shelf target fund series do not meet the needs of the plan, consider custom target date portfolios (if the recordkeeping platform allows). The evaluation and selection of target date funds should be specifically addressed in a plan’s Investment Pol-icy Statement, as the typical guideline may not be

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Benefits & HR Strategies continued from page 47


appropriate. At Pinnacle, we are proponents of tar-get date funds, but take their selection and monitor-ing seriously, with careful consideration of employee demographics and investment sophistication applied during the selection process.

Your retirement plan consultant should partner with you to achieve plan success - from enhancing investment opportunities for participants to protect-ing plan fiduciaries from liability and loss. Remember, your retirement plan can be a powerful recruiting tool for your company and it is a benefit that your employ-ees will utilize throughout their lifetime.

2013 Plan LimitsCost of living adjustments have

been made and 2013 will afford par-ticipants the opportunity to save an additional $500 in deferrals. For those participants who intend to maximize contributions, be sure to communi-cate the new limits so adjustments can be made if necessary. (See chart below.) n

Plan Limits for Plan Year 2013 2012401(k), 403(b), 457 Elective Deferral Limit $17,500 $17,000

Catch-Up Contribution Limit $5,500 $5,500

Annual Compensation Limit $255,000 $250,000

Defined Contribution Limit $51,000 $50,000

Defined Benefit Limit $205,000 $200,000

Key Employee $165,000 $165,000

Definition of Highly Compensated Employee $115,000 $115,000

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On February 1, employers were to begin posting a summa-ry of the total number of job-re-lated injuries and illnesses that occurred last year. Employers are only required to post the Summary (OSHA Form 300A)—not the OSHA 300 Log—from Feb. 1 to April 30, 2012. Copies of OSHA Forms 300, 300A and 301 are available on the OSHA Recordkeeping web page. n

Employers AreReminded To PostInjury And Illness

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• Social Security: The 8% Solution• Buying Stocks Through Dividend Reinvestment Plans• Tax Planning for S Corporation Owners

John E. Merchant, CPA Cullen, Murphy & Co., P.C.

IN THIS ISSUE



Social Security: The 8% Solution

In today’s low yield world, you’ll earn lit-tle interest by keeping your money in a bank account, a money market fund, or

a high quality bond. Nevertheless, certain individuals can earn 8% a year, guaran-teed by the federal government. If you are between age 62 and age 70, deferring the start of Social Security retirement bene-fits provides that return, which, for many people in that age group, makes waiting a savvy move.

Basic MathYou can start to receive Social Security benefits

as early as age 62. Before your full retirement age (FRA), though, you’ll receive reduced benefits for the rest of your life. Say your full retirement age is 66, as it is for people born from 1943 to 1954 (age 59 to 70 this year). By starting your Social Security benefits at 62, you’ll receive only 75% of your FRA benefit.

Example 1: Mark Jones has a work history that entitles him to $2,000 a month from Social Security at 66, his FRA. Instead, Mark starts his benefits at age 62. Mark will get $1,500 a month (75% of $2,000) for the rest of his life, plus any cost of living adjust-ments (COLAs).

Example 2: If Mark decides to wait until age 66, his FRA, he will get his basic $2,000 a month for the rest of his life, plus COLAs. Thus, by waiting 4 years, Mark increases his monthly benefit by $500—a 33.3% increase from $1,500 a month in example 1—

which is about 8% a year for the 4 years he waited.

Patience is PrudentBeyond your FRA, deferring the start of Social

Security will increase your benefits by 8% a year (actually, by 2/3 of 1% for each month beyond your FRA). This goes on until age 70; deferring benefits beyond 70 provides no additional cash flow.

Example 3: Mark Jones waits until age 70 to begin his Social Security benefits. This 4-year delay beyond his FRA increases Mark’s check by 32% from $2,000 to $2,640 a month, plus all the COLAs that took effect while he waited.

Altogether, waiting to start benefits increased Mark’s monthly income from $1,500 at age 62 to $2,640 at age 70: a 76% increase in 8 years. That’s a 76% return, guaranteed by the federal government.

Later Than SoonerWaiting for Social Security has an obvious

cost. If Mark Jones had started at age 62, with a

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T H E D R I S C O L L D I F F E R E N C E :

Your key to obtaining the expertise needed to meet your bonding needs.

After serving major contractors for more than 50 years, the Driscoll Agency truly

understands the unique risks, insurance require-ments and surety demands of the construction industry. Managing risk can be very difficult. Which is why it’s critical to obtain adequate and proper insurance coverages. Our underwriting specialists will work with your best interests in mind when proposing solutions to your insurance needs.

When it’s time to navigate through the com-plexities of surety bonding, you can rely on our expertise and connections to get you aggres-sive representation and unbeatable access to industry decision-makers.

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UCANE half 1.12 color.indd 1 1/6/12 2:56 PM

Did You Know?

Assetsinexchange-tradedfunds(EFTs)reachedarecordhighof$8.8trillion

inAugust2012.ThethreelargestEFTsponsors(BlackRockiShares,StateStreetGlobalAdvisors,andVanguard)hadover$1trillioninassets:about85%ofthetotal.Source: Cerulli Associates

reduced $1,500 monthly benefit, he would have col-lected $18,000 that year; by age 70, he would have collected $144,000 in benefits, plus COLAs. If Mark had started at age 66, receiving $2,000 a month, he would have received $96,000 plus COLAs in the 4 years before age 70.

When does it pay to take the money as soon as possible? When does it make sense to wait? Here are some guidelines:

Do you need the money? If Social Security benefits are necessary to maintain your lifestyle in retirement, you should probably take them.

How is your health? The shorter your life expectancy, the more likely you and your loved ones will be well served by taking the benefits while you can.

Assume, though, that Mark Jones is in good health with no pressing need for extra cash flow from Social Security. If he takes his benefits before age 70, he will pay tax and spend, save, or give away the aftertax amount. If he decides to reinvest, he’ll either have to settle for a low yield or take invest-ment risk in the hope of receiving a superior return.

For Mark, waiting in this exam-ple provides certain benefits. He’ll earn an annual return of around 8%, plus COLAs, on his full (un-taxed) Social Security benefit. The return from waiting will be longevi-ty insurance: a reduced risk of run-ning short of money if Mark lives into his 80s and beyond.

In addition, assume, that Mark Jones is married and that his wife had lower lifetime earn-ings than Mark. In this case, Mark is entitled to a larger Social Secu-rity benefit than his wife. If Mark dies first, his widow will be entitled to his full Social Security benefit for the rest of her life, rather than her smaller benefit. Therefore, an older and higher earning spouse who waits to receive Social Se-curity is essentially obtaining more life insurance for a surviv-ing spouse.


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GPS Consultants Providing Surveying, Engineering & CADD Services to construction companies in the New England area. Experienced in construction layout of highways, utilities, schools, bridges and site development.

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Buying Stocks Through DividendReinvestment Plans

Dividend-paying stocks offer many potential advantages to investors. The dividends they pay provide wel-

come cash flow. Those dividends can grow over time, if the company’s profits increase. Moreover, rising dividends may lead to higher stock prices, and, therefore, to profits for investors who sell shares.

Hundreds of dividend-paying com-panies offer yet another benefit: the op-portunity to invest in a dividend reinvest-ment plan, known as a DRIP. Such plans make it easy to invest regularly and, thus, build wealth over the long term. DRIP par-ticipants generally cut out brokers’ com-missions, reducing their costs to acquire shares.

Partial PurchasesAs the name suggests, the basic purpose of a

dividend reinvestment plan is to enable participants to reinvest a company’s dividend payout in that com-pany’s stock. Suppose you own 100 shares of Pfizer, trading at $25 a share. If Pfizer’s next quarterly divi-dend is 22 cents per share, you’d get $22. Assuming you had enrolled in the Pfizer DRIP, that $22 would automatically be reinvested in 0.88 shares of Pfizer, bringing your holdings to 100.88 shares. Your next dividend would be based on owning 100.88 shares, and so on.

Direct InvestingObviously, you’ll have a difficult time building

wealth at such a pace. For DRIP participants, the greatest advantage is the ability to make optional cash purchases, which most DRIPs offer. You can select the amount you’d like to invest and an invest-ment schedule. Then you buy the shares directly from the company.

Example: Laura Roberts enrolls in the Pfizer DRIP and decides to invest $200 every three months. In January 2013, with Pfizer trading at $25 a share, Laura’s $200 buys 8 shares. In April 2013, if Pfizer is trading at $27 a share, Laura’s $200 will purchase another 7.407 shares; if Pfizer is trading at $23 in July, her $200 will buy 8.696 shares.

Over time, Laura can steadily build up her stake in Pfizer. If she wishes, Laura might participate in

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DRIPs offered by, say, ExxonMobil, Procter & Gam-ble, Microsoft, and others, accumulating a diversified portfolio. Investors in DRIPs buy stock directly from the issuing company, so there are no brokerage com-missions. Some DRIPs impose small fees, but even in those cases investors usually pay less than they would pay a broker.

If you are interested in becoming a DRIP investor, select the company or companies you believe will be superior long-term holdings. Go to each company’s website and click on “Investors” or “Shareholder Ser-

vices” or something similar for directions on how to enroll. Typically, you’ll be able to arrange for automat-ic transfers from your bank account to the DRIP with your choice of scheduled payments and the amount to invest.

Cons and Pros

DRIPs have their drawbacks. You won’t know exactly how much you’ll pay for each batch of shares you acquire, and selling through a DRIP might take more time than would be the case with a standard brokerage sale. Recordkeeping also may be an is-sue: for example, if you participate in three differ-ent DRIPs, you’ll get statements and annual 1099 tax forms from each one. You won’t get the consoli-dated statements that you’d get if you worked with a broker to buy and hold your shares.

For long-term investors, DRIPs can be valuable. They encourage the discipline to keep investing, in bad times as well as good ones. By regular in-vestments of fixed amounts, you’ll buy more shares when stock prices dip and, thus, benefit from a lower cost per share. Your transaction costs will be low with a DRIP, and you can acquire sizable holdings over time with modest outlays, as long as you stick with the program.

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Tax Planning forS Corporation Owners

Small business owners may choose S corporation status. As long as cer-tain criteria are met the S corporation

election will be recognized, and corpo-rate income tax will be avoided. Instead, all corporate income will flow through to the shareholders, who will report that in-come on individual tax returns.

Savvy planning can enhance S corporation tax benefits. For instance, owners may reduce self-em-ployment tax.

Example 1: Nate Sawyer and his wife, Vicki, own all shares of an S corporation that Nate runs. In 2013, that company has net income of $300,000, which Nate receives as compensation. Nate will re-port that $300,000 as taxable income. In addition, Nate will owe Social Security tax, on wages up to the 2013 limit ($113,700), a 2.9% Medicare tax on the first $250,000, and a 3.8% Medicare tax on the

last $50,000 of those earnings because a new 0.9% Medicare surtax applies starting in 2013.

Suppose, though, that Nate determines that owners of comparable companies generally are paid around $140,000. He restructures his compensation, so he takes $140,000 in salary, leaving $160,000 as corporate profits not subject to Medicare tax. This will save Nate $5,090 in Medicare tax: 2.9% times $110,000 + 3.8% times $50,000.

Note that the IRS insists that the salary S corpo-ration shareholders take be reasonable.

Shifting SharesFamily tax planning may provide additional tax

savings.

Example 2: Nate Sawyer’s S corporation is ap-praised at $2 million. The company has $2 million shares outstanding, so each share might be valued at $1. Nate can give 14,000 shares to his son, Tim,

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Material Placement Specialists

34 Topalian StreetPO Box 260187Boston, MA 02126(617) 296-0290www.guerini.com

CONCRETE PUMPING EQUIPMENT“TELEBELT” MOBILE CONVEYORS

STONE SLINGER SERVICEPumps Up To 200 yds/hr • Booms Up To 142’ Reach

Line Pumps • Grout PumpsMaterial Placement To 106’


SAND & STONE CORP.192 Plain St.

North Attleboro, MA 02760(508) 699-2911

www.borocorp.com

The Perfect Excavation:

Don’t dig yourself into trouble...

Call Dig Safe®. It’s Smart, It’s Free, and It’s the Law.

Call before you dig.digsafe.com

• Pre-markthelocationofintended excavationusingwhitestakes, paintorflags.

• InMA,ME,NHandRI,notifyDigSafe® atleast72businesshoursinadvance.

• InVermont,notifyDigSafe®atleast 48businesshoursinadvance.

• Notifynon-memberfacilityowners.

• Maintainthemarksplacedby undergroundfacilityowners.

• Usecautionanddigbyhandwhen workingwithin18”ofamarkedfacility.

• Ifalineisdamaged,donotbackfill. Notifytheaffectedutilitycompany immediatelyifthefacility,itsprotective coating,oratracerwireisdamaged.

• Call911ifthedamagedfacilityposes arisktopublicsafety.

• Knowyourstate’sexcavationrequirements.Gotodigsafe.comforeducationalmaterialandcurrentlaws.


Trusted AdviceS Corp Criteria

• ToqualifyasanScorporation,yourcompanymustbeadomesticcorporationwithonlyindividuals,certaintrusts,andestatesasshareholders.

• Partnerships,corporations,ornonresidentalienscan’tbeScorporationshareholders.

• AnScorporationcanhavenomorethan100shareholdersandonlyoneclassofstock.

• Certainfinancialinstitutions,insurancecompanies,anddomesticinternationalsalescorporationscan’tbeScorporations.

• ThecompanymustfileForm2553,ElectionbyaSmallBusinessCorporation,signedbyallshareholders,forthetaxyeartheScorporationelectionistotakeeffect.

and 14,000 shares to his daughter, Alexa, this year. His wife, Vicki, makes identical gifts. The senior Saw-yers will face no gift tax consequences because the annual gift tax exclusion is $14,000 in 2013. (Nate and Vicki can give away more shares, covered by the exclusion, because of valuation discounts, but this simplified example illustrates the concept).

By giving away a total of 56,000 shares this year, Nate and Vicki transfer 2.8% of the company to their children. With repeated gifts of this magnitude, the senior Sawyers can transfer 14% of their company in 5 years and 28% in 10 years and still retain control of the S corporation. If the children own 14% of the company, they’ll report 14% of corporate income on their income tax returns; as long as they are in lower tax brackets than their parents, the family will owe less income tax. Shifting ownership of shares also may result in lower estate tax in the future.

S corporation earnings are considered unearned income, which means that the so-called “kiddie tax” can limit tax savings on transfers to children. There-fore, this income-shifting strategy might have its greatest payoff after children leave school or reach 24, when the kiddie tax won’t apply.

Reprinted from CPA Client Bulletin. n

ArrudA Trenchless consTrucTionPiPe And MAnhole rehAbiliTATion

92 Locust street • BerkLey, MA 02779teL: 508.567.9827 • [email protected]

CENTRI-PIPECentrifugally Cast Concrete Pipe Lining

30” & AboveAll Pipe Types & Shapes

MANHOLE REHABBench & Invert Rebuilds

Leak CeilingEpoxy & Cement Lining

CIPP LININGSLateral Lining 2” to 10”

Spot Lining


E.H. Perkins Construction, Inc.

& Subsidiaries

GRAVEL • SAND • STONEFILL AND LOAM

BITUMINOUS CONCRETE (PAVING)READY-MIX CONCRETE

PRECAST CONCRETE PRODUCTS

P.O. Box 301, Wayland, MA 01778(508) 358-6161 • (781) 890-6505

E H P

Advertisers’ IndexATS Equipment, Inc. ............................................................4Adler Tank Rentals ...............................................................6Aggregate Industries-New England Region ........................28Arruda Trenchless Construction .........................................59Boro Sand & Stone Corp. ....................................................58Dennis K. Burke, Inc. ..........................................................48Concrete Systems, Inc. .................................... Ins. Back Cvr.Dagle Electrical Construction, Corp. ..................................30Darmody, Merlino & Co., LLP............................................48DeSanctis Insurance Agency, Inc. ........................................7Dig Safe System, Inc............................................................58The Driscoll Agency ...........................................................53EJ ........................................................................................ 46Eastern Insurance Group, LLC ...........................................22Eastern States Insurance Agency, Inc. ............................... 40T. L. Edwards, Inc................................................................48Ferguson Waterworks ..........................................................42Ford Meter Box Co. ...............................................................9Fringe Consulting ..................................................................5Genalco, Inc. ........................................................................47Geod Consulting, Inc. ..........................................................54L. Guerini Group, Inc. .........................................................58HD Supply Waterworks .........................................................2A. H. Harris & Sons, Inc. ...................................................49Hinckley Allen Snyder, LLP .................................................8P. A. Landers, Inc.................................................................55Lawrence-Lynch Corp. ........................................................52Liddell Brothers Inc. ............................................................12Lorusso Corp. ......................................................................42Lorusso Heavy Equipment, LLC.........................................34Mabey, Inc. ..........................................................................13Mass Broken Stone Company ..............................................56Milton CAT ..........................................................................20North East Shoring Equipment, LLC ..................................57Oldcastle Precast ..................................................................36 Our Outhouses, Inc. ...............................................................9Palmer Paving Corporation .................................................54E. H. Perkins Construction Co., Inc. .................................. 60Podgurski Corp. ..................................................................59E. J. Prescott, Inc. ............................................ Ins. Front Cvr.Rain For Rent-New England ................................................32Read Custom Soils ..............................................................50Schmidt Equipment, Inc. ........................................ Back Cvr.The Scituate Companies ..................................................... 24Smith Print ...........................................................................54Social Mavens ......................................................................25Sunbelt Rentals/Case of N. E. .............................................10Systems Support Corporation ..............................................23Taylor Oil Company ............................................................56Ti-SALES, Inc. ...................................................................50Albert J. Tonry & Co., Inc. ..................................................11United Concrete Products, Inc. ...........................................52United Rentals Trench Safety ..............................................38C. N. Wood Co., Inc. ...........................................................18Woodco Machinery, Inc...................................................... 44

QUINN-PERKINS S & G CO.Burlington

(781) 272-0200

PANDOLF-PERKINS CO.Sterling

(978) 422-8812 • (800) 339-3389

KANE-PERKINS CO. Hudson

(978) 562-3436 • (800) 287-3436

-PLANT LOCATIONS-


TM

Concrete Systems, Inc.: Manholes & Catch Basins, Box Culverts,Special Box Structures, Containment Vaults, CON/SPAN Bridge

Systems, Rigid Bridge Systems Permanent & Temporary Barrier, T-WallRetaining Wall Systems, Uwall Universal Wall Systems EcoWall,

ARMOR CAST Aboveground Storage Tanks & ARMOR VAULT BelowGrade Storage Tank Systems and Custom Structures. CSI Shelter

Technologies: Precast Monolithic Structures for Power GeneratingFacilities, Meter or Pumping Stations, Hazmat Storage, Communications

Buildings and PCS Equipment Cabinets. Clampcrete ConstructionSystems: Anchored Precast Barrier for Roadway Structures. Tunnel Systems: Precision Segmental Tunnel Lining Rings.

Cleco Manufacturing: Precision Fabricated Forming Systems,Complete Plant Design, Complete Batch Plant Computer Automation,

Countercurrent Mixers & Concrete Delivery Systems.

TM

®

®®

®

TM CSICONCRETE SYSTEMS, INC.

9 Commercial Street, Hudson, New Hampshire 03051(800) 342-3374 (603) 889-4163 FAX (603) 889-0039

Visit our website at: www.csigroup.biz

Top quality precast at a fair price, when and where you want it. That’s our pledge.

Always has been. Always will be.

CERTIFIED PLANT

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Construction Outlook January 2013

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Transcript of Construction Outlook January 2013