Posts for April 25, 2010

2009-2010 Utah Manufacturing Association, Associated Builders and Contractors, and Home Builders Association of Utah Labor Commission Program

As of 4-12-2010

UMA:

Total Number of Individuals Trained: 32
Total Number of Supervisory/owners Trained: 42
Total Number of Companies Trained: 35
Total Number of People Potentially Impacted: 2,007

The above numbers are only for the Utah Manufacturing program and do NOT include the numbers through the Home Builders Association of Utah or the Associated Builders and Contractors.

The UMA training program has not been quite as successful as we had hoped. Although we trained a lot of people, it was pretty limited on the total individuals trained. While it will ultimately impact many workers, we hope to do more in the future.

We have learned that marketing the program more will help our results greater. We hope to market more through the Utah Manufacturing Association Regional Directors. They are the feet on the street marketing folks for the association, and have communication with the membership and potential membership at a greater level than we. There are three Regional Directors of the UMA cover the entire State of Utah. We will also look to post more events in the UMA calendar (have not used this resource) & posting a member-to-member offering on the UMA website.

ABC:

Total Number of Individuals Trained: 171
Total Number of Supervisory/owners Trained: Included
Total Number of Companies Trained: 108
Total Number of People Potentially Impacted: 8,428

The program with the ABC incorporated one site Mock OSHA inspections, on-site safety training, supervisor training – Train the Trainer, classroom training, OSHA 10 and 30 hour class room training, and Lead Based paint training. This program has been hugely successful in getting support to employers to help train their employees, as well as actually providing the training to the employees.

We utilized the ABC office for training, as well as conducting training in Southern Utah. We were able to market to contractors using both the ABC list, as well as Summit’s list of contractors. The amount of companies and individuals has been incredible.

HBA:

Total Number of Individuals Trained: 239
Total Number of Supervisory/owners Trained: Included
Total Number of Companies Trained: 210
Total Number of People Potentially Impacted: 7,647

The program with the HBA incorporated one site Mock OSHA inspections, on-site safety training, supervisor training – Train the Trainer, classroom training, OSHA 10 and 30 hour class room training, and Lead Based paint training. This program has been hugely successful in getting support to employers to help train their employees, as well as actually providing the training to the employees.

We utilized the HBA offices along the Wasatch Front as well as conducting training in Southern Utah. We were able to market to contractors using both the HBA list, as well as Summit’s list of contractors. The amount of companies and individuals has been incredible.


The other area that we have had some questions on is the cross over between the Utah Manufacturing Association, the Home Builders Association of Utah, and the Associated Builders and Contractors. We do have companies who manufacture windows, steel fabrication, HVAC manufacturing/installation, door manufacturing and installation, and others who are both manufacturing companies and construction companies. These companies seem to attend the construction trainings more frequently then they do the manufacturing trainings. We have also noticed that there seems to be a bigger need for our services in the construction industry. Therefore we would like to propose this next year the same amount of money in total through the grant program, but divided amongst the three associations as a pool of funds to tap into. This way Summit can manage the funds as the needs arise, and apply the grant money to the programs that demand the greater need. The other alternative request would be to divide the total $100,000 equally between the UMA, HBA, and ABC for this next year.

On a positive note, we have started to get some significant momentum with the program. Here are some comments from our main trainer, Jeff Nelson:

“One thing that we have been doing with some success is showing and discussing the Utah Labor Commission’s DVD, Por el Bien de los Suyos (For the Sake of your Loved Ones). We show this in every OSHA 10 hour class and have shown it in other settings. After viewing, we have a discussion with the Spanish speaking workers about their culture, language barriers and the fact that it is OK to ask questions if a person does not understand what they are being asked to do. Every time it has been shown we have discussed and the Latin workers agree that they do not always understand fully what they are being asked to do. When asked why, we hear responses such as, I don’t want to look stupid or I am scared to question the supervisor, which makes him think that I am not a good worker.

Another thing that we discuss is the fact that everyone working in the United States has a right to a safe and healthful workplace and that all workers have a responsibility to report potential hazards on the jobsite. We stress that they should not do something that they don’t feel safe and comfortable doing. Also, that it is OK to ask questions if they don’t understand something that they have been asked to do. We stress that it is not OK to merely nod their heads in the affirmative when asked if they understand something. They need to ask questions or repeat back what they were asked to do.

As the DVD is in Spanish with English Subtitles, we have been showing it in the English 30 hour OSHA training (for supervisors) with a lot of success. When we start the discussion, I hear comments such as, “They understand more than you think they do”. We then explain that they do not always understand based on the discussions we have had with them in the Spanish 10 hour classes. After the DVD is shown we discuss more about the Latin or Hispanic culture. We have asked if it was worth watching and they all agree that it was worth their time.

Not only is this a good DVD to understand the cultures and communication issues, but it is also a good basic overview of construction and manufacturing safety.

I have really enjoyed teaching the Hispanic workers in basic safety. I try to make it fun and enjoyable for them and we all seem to have a good time while learning the various 10 hour topics. For me, it is satisfying to know that I am doing something that may save a worker from getting seriously injured or killed.”

I would like to share one example of how this program actually saved a human life. While this is on the construction side, I am sure that a similar story could be told on the manufacturing side.

One of our clients was doing some excavating work in the Midvale area. They were digging a trench about 10 feet deep, and there was a pile of tailings about 4 feet high too close to the trench. There was a worker down in the trench with no trench box protection (the box was about 20 feet away, but not being used). Not only was the trench unprotected, but the excavating machine was operating while the employee was in the hole…coming within inches of the worker. We observed the worker and took some pictures. We contacted the owner of the company because we knew that had he known about this condition, he would have been concerned. The owner drove down to the job site immediately, yelled at the worker to get out of the trench. The worker made the comment to his boss “you know I would not do anything that was unsafe”. They put the trench box in the trench, and the worker went back down in. Within minutes, the pipe that they were working on broke, and the trench proceeded to fill up with water. As you are probably aware, wet dir collapses, and this is what happened to this trench. The trench filled with water so fast that the worker would have been trapped, and crushed with the soil. As it turned out, he was able to climb out of the trench box until they were able to shut off the water main. There is no doubt in my mind that had Summit not been there that day at that time, and had the owner not acted on our advice, that worker would be dead.

In summary, the program is definitely having an impact on Utah employers, and their employee’s. We have trained so many people, and look forward to training more in the future. This will have impact for years because of the communication that we are able to provide to the workers’, supervisors, and owners. No job (other than military) is worth dying for, and if there are some adjustments that can be made to help ensure the worker goes home to their family, that is what the Summit training program is all about. We have included a couple of testimonial letters, and we hope to continue this program through the 2010-2011 Labor Commission program term.

EPA ANNOUNCES REGIONAL ADMINISTRATOR FOR REGION 8

April 25, 2010 – Holland and Hart

(DENVER, CO – April 21, 2010) Today, U.S. Environmental Protection Agency Administrator Lisa P. Jackson announced President Barack Obama’s selection of James B. Martin to be the Agency’s Regional Administrator for EPA’s Region 8. This region encompasses Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations.


"I look forward to working closely with James Martin on the range of urgent environmental issues we face, in Region 8 and across the nation," said EPA Administrator Lisa P. Jackson. "At this moment of great challenge and even greater opportunity, I'm thrilled that James will be part of our leadership team at EPA. He will certainly play an instrumental role in our Agency's mission to protect our health and the environment."


Regional Administrators are responsible for managing the Agency’s regional activities under the direction of the EPA Administrator. They promote state and local environmental protection efforts and serve as a liaison to state and local government officials. Regional Administrators are tasked with ensuring EPA's efforts to address the environmental crises of today are rooted in three fundamental values: science-based policies and programs, adherence to the rule of law, and transparency.


James B. Martin has worked in the environmental field for more than 20 years, most of them spent in Colorado. He most recently was the Executive Director of the Colorado Department of Natural Resources, managing and administering a department of more than 2,000 employees that oversee the state’s environmental protection policies. He was also the Executive Director of the Colorado Department of Public Health and Environment. There he managed an organization of 1,225 employees with a budget of $470 million, with responsibility over both state environmental and public health programs. From 2005 to 2007, he managed a non-profit organization that focuses on energy, public lands, and water issues. In 2004, he headed the Natural Resources Law Center at the University of Colorado School of Law where he managed an interdisciplinary public policy think tank with a staff of lawyers, economists and scientists. He also taught advanced seminars on energy law and policy and land use planning. Martin spent a decade as the senior attorney for the Environmental Defense Fund in Boulder, Colorado and Oakland, California. Earlier in his career, he was State Director for then U.S. Senator Tim Wirth. He earned his bachelor’s degree from Knox College and his J.D. from Northwestern Law School, Lewis and Clark College.

EPA GREENHOUSE GAS LITIGATION AND REGULATORY UPDATE

April 25, 2010 – NAM Capital Briefing
A recent issue of Capital Briefing summarized the NAM’s litigation against the Environmental Protection Agency (EPA) over the “endangerment finding,” the first step toward greenhouse gas permit requirements for manufacturing facilities. Last week, the NAM and other groups filed documents with the U.S. Court of Appeals for the D.C. Circuit outlining the legal arguments expected to be raised in the litigation. Our statement of these legal issues is here. Also last week, the EPA filed a motion to hold its litigation in abeyance while the agency addresses 10 administrative petitions that other groups have filed asking the EPA to reconsider the endangerment finding. It expects to conclude its consideration of these petitions by July 30.

On the regulatory front, the EPA on April 2 published its final notice establishing the dates on which greenhouse gases will become regulated pollutants with respect to the so-called “Subject to Regulation” memorandum. This notice and other EPA regulations about to become final comprise the agency’s comprehensive strategy to regulate greenhouse gases, which manufacturers are currently reviewing.
Details: Quentin Riegel, (202) 637-3058; Keith McCoy, (202) 637-3175.

CHINA ANNOUNCES CHANGES TO INDIGENOUS INNOVATION POLICIES

April 25, 2010 – NAM Capital Briefing
China’s Ministry of Science and Technology (MOST) has published new guidelines for participation in China’s huge government procurement market through the Indigenous Innovation Initiative. The revised rules require that intellectual property be licensed for use in China and applicants have the right to use their trademarks in China, a significant change to earlier guidelines that would discriminate against foreign-owned companies by requiring that intellectual property be developed and trademarks be originally registered in China. This has been one of the NAM’s top priorities in U.S.-China trade policy.


Questions of clarity remain on how the rules will be applied to government procurement policies and their use by provincial and local governments. The NAM will be providing comments to MOST by the May 10 deadline and is encouraging NAM member companies to provide information on their concerns. To ensure inclusion in the NAM’s comments, please submit your information by April 30. Details: Pat Mears, (202) 637-3141.

IMMIGRATION REFORM NEGOTIATIONS CONTINUE

April 25, 2010 – NAM Capital Briefing
Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) have been negotiating with all parties interested in immigration reform with the goal of creating an immigration package with a broad base of support. However, those negotiations have continually stalled due to the limited time on the legislative calendar. Last week, Senate Majority Leader Harry Reid (D-NV) announced his intention to push comprehensive immigration reform. He is becoming increasingly involved in pursuing the issue and has stated his goal of completing a bill this year. Details: Jeri G. Kubicki, (202) 637-3127.

GATES CALLS FOR EXPORT REFORM; NAM RELEASES EXPORT CONTROL RECOMMENDATIONS

April 25, 2010 – NAM Capital Briefing

This past week Secretary of Defense Robert Gates unveiled the most sweeping changes to the U.S. export control system since its creation during the Cold War. Speaking on behalf of the Administration, Sec. Gates announced the creation of a single-tiered control list, a single agency to administer controls, a single enforcement agency and a uniform IT structure. The changes will be implemented in three phases; however, many details remain unknown and much work lies ahead as the Administration and Congress work together to move from the status quo to a single export control agency. The Administration would like to see all three phases completed and new legislation passed before the end of the year.

The NAM is pleased the Administration is moving forward with changes to modernize the export control system and to keep America secure and globally competitive but also believes the Administration must act on near- and medium-term reforms along the way to creating a single agency. Last week, the NAM submitted its Blueprint for a 21st Century Export Control Regime to the Administration to augment the near- and medium-term recommendations the NAM previously submitted. We will continue to urge implementation of near- and medium-term reforms while also working toward a fundamental makeover of the system. Both are needed to enhance U.S. national security, support the industrial base and reach the President’s goal of doubling exports within five years.

Details: Catherine Robinson, (202) 637-3403.

LIST OF POTENTIAL REVENUE OFFSETS FOR TAX EXTENDERS BILL, HR 4213

April 25, 2010 - NAM Tax & Budget Policy Subcommittee
NAM just obtained the list of potential revenue offsets for pending tax extenders bill, HR 4213, which includes a 1 year extension of NAM tax priorities: R&D tax credit, deferral for active financing, and the CFC look through rules. To view the document, please click here.

Latest reports this week are that Congress wants to complete final action by sending a bill for the President to sign into law by Memorial Day. The House and Senate earlier passed HR 4213, but differences in the bill versions and a revenue hole of $27 billion must be resolved by Congress.

EDITORIAL: MANUFACTURING’S OLD AGE PROBLEM

April 25, 2010 – Today in Manufacturing.net

Baby boomers are nearing end of their working years, leaving many manufacturers clamoring for ideas of how to fill this impending knowledge gap while young people increasingly turn up their noses at the industry ... continue

OTC DERIVATIVES BENEFIT THOUSANDS OF SMALL BUSINESSES

April 25, 2010 – NAM Capital Briefing

Manufacturing companies have been intensely engaged in the debate over legislation to expand federal regulation of the financial industry to make sure Congress does not restrict their access to an important risk management tool – over-the-counter (OTC) derivatives. Additional regulations and requirements could impose added costs and inefficiencies to many small and medium-sized manufactures.

Manufacturers of all sizes use OTC derivatives to manage the cost of borrowing or other risks of operating their businesses: fluctuating currencies, interest rates and commodity prices. Half of America’s medium-sized businesses and thousands of small U.S. companies benefit from these risk management tools.

The NAM is pressing Congress to include in any financial service reform legislation provisions that would allow end-users, like manufacturers, to continue to access customized OTC derivatives used to manage risk, and to avoid imposing new regulations that would cost companies millions of dollars – money that could be used to generate much-needed jobs and business investment.

OTC derivatives reform legislation is currently under consideration in Congress. Now is the time to contact your senators and representatives and urge them to protect small and medium manufacturers’ access to customized OTC derivatives used to manage risk.
For more information on taking action, please contact NAM Vice President of Tax and Domestic Economic Policy Dorothy Coleman, (202) 637-3077.

SUPREME COURT REVERSES PENSION PLAN ADMINISTRATION DECISION

April 25, 2010 – NAM Capital Briefing

On March 21, the U.S. Supreme Court overturned an appeals court decision in Conkright v. Frommert that interfered with administrative decisions by those who run company pension plans. The case involves how a company’s plan administrator should account for lump-sum retirement payments made to employees who retired but later returned to work for the company.

The NAM filed an amicus brief arguing – and the Supreme Court agreed -- that courts should defer to the reasonable decisions by plan administrators trying to interpret benefit plan language under the Employee Retirement Income Security Act (ERISA). The Supreme Court’s ruling in this case encourages certainty and predictability, tempers litigation expenses and administrative costs, and minimizes exposure to unanticipated benefits obligations.

Click here to view a summary of the case and a link to the NAM’s amicus brief. Details: Quentin Riegel, (202) 637-3058.

WHOLESALE PRICES RISE IN MARCH

April 25, 2010 – Today in Manufacturing.net
Labor Department said the Producer Price Index rose more than expected by 0.7 percent in March, compared to analysts' forecasts of a 0.4 percent rise ... continue