Tuesday, March 27, 2012

March 27, 2012


Utah Manufacturers Association  Leadership Changes
Friday, March 23, 2012

The Utah Manufacturers Association Board Chairman Dean Clark announced today that UMA President Thomas E. Bingham intends to retire effective June 1, 2012. Clark said, “Tom Bingham has served extremely well as the UMA President since 2000 and has grown the organization both in size and stature while at the helm of this 107 year old association of manufacturers.” 

“The UMA Executive Committee and an appointed Search Committee has known of Tom’s retirement plans since last November. It was Tom’s desire to finish the 2012 UMA legislative work without a public announcement to avoid any distractions to the UMA legislative agenda,” Clark explained. For months, the UMA has been involved in an extensive but somewhat quiet search for a new president with proven experience in the Utah Legislative process as well as trade association leadership.

After an exhaustive search, the UMA Board, at its March 22nd meeting also unanimously appointed Todd R. Bingham as the new President of the Utah Manufacturers Association, effective June 1, 2012.  “We believe we have hired the very best qualified person in Utah for our new president. Todd is highly respected on Utah’s Capitol Hill and within Utah regulatory agencies. We are excited to have Todd take the reins at UMA, the premier champion of manufacturing in Utah,” Clark said.

Todd Bingham has served as President of the Utah Mining Association for the past three years where he has worked closely with many companies who have membership in both the Mining and Manufacturers associations. He has extensive trade association management and legislative experience spanning eighteen years in Utah, including the Associated General Contractors of Utah, American Concrete Pavement Association, Associated Builders and Contractors, Utah Farm Bureau Federation and Utah Mining Association.


Obama administration will press ahead on Tuesday with the first-ever limits on heat-trapping pollution from new power plants …  continue

THE PRICE IS RIGHT
Today in Manufacturing
One of the most important questions for manufacturers to answer is "Do you know if you are making adequate margins on each product line, model, or job?" … continue

NLRB POSTER DEADLINE IS STILL APRIL 30
Employers Council

The twice-delayed effective date of the newly required National Labor Relations Board's (NLRB) "Employee Rights” poster for virtually all private employers is still April 30, 2012, despite ongoing legal actions. At a hearing on March 2, 2012, the U.S. District Court for the
District of Columbia upheld the NLRB's authority to require the posting. The court also upheld a provision in the NLRB rule stating that failure to post can be deemed evidence of an employer's antiunion animus when an employer's motive is at issue in an unfair labor practice proceeding, but decided that a failure to post is not automatically an unfair labor practice and does not automatically toll the statute of limitations in unfair labor practice actions.

The court’s ruling is on appeal. Now is the time to get prepared to post on April 30th. You can download a free NLRB poster at http://www.nlrb.gov/poster. Even better, you can support The Employers Council and get into compliance by ordering updated combined stateand-federal or federal-only posters from us! The posters include the NLRB notice (which may also need to be
posted in languages other than English – see our August 29, 2011 newsletter). See the attached order form.

NOT "IN THE COURSE OF" EMPLOYMENT
Employers Council

The Utah Court of Appeals recently let stand a Utah Labor Commission Appeals Board ruling that a house painter was not "in the course of" employment, for the purposes of workers' compensation benefits, when he was injured. As a result, he is not entitled to benefits. After painting for several hours inside a house, the painter spent the next two hours consuming a small bottle of whiskey and more than half a fifth of vodka on the premises. Then slept for two hours in a first floor closet. After waking, he made his way up to the second floor and, without resuming any work, fell into an empty elevator shaft and injured himself. An ALJ held that his accident was in the course of employment because the "accident occurred at
his job site during the work day." The Board, however, reversed – and the Utah Court of Appeals refused to disturb the Board's ruling. That ruling denied workers' compensation benefits, finding that the worker:
• Had stopped performing any work or any activities incidental to work and had completely removed himself from his job duties; and
• Had not returned to the course of employment when he awoke and began moving around the site.

The Utah Workers' Compensation Act grants workers' compensation benefits to employees injured in accidents "arising out of and in the course of" employment. In a 1993 case, the Utah Court of Appeals said, "[A]n injury occurs 'in the course of' employment when it takes place
(1) within the period of employment, (2) at a place where the employee reasonably may be in the performance of [his] duties, and (3) while [he] is fulfilling those duties or engaged in doing something incidental thereto."

GLOBAL WARMING CASE IN MISSISSIPPI
NAM FLAG Weekly Communication

A Mississippi federal judge has dismissed a case in which property owners sued power companies for damages to their property resulting from Hurricane Katrina. The plaintiffs claimed that the companies’ activities contributed to global warming, which made Hurricane Katrina a more severe storm. The case has a long history—click here to read briefs filed by the NAM throughout the process.


-autosp� + n n � P5U rst phase of the project was to map out the existing compliance process in detail, develop a description of boundaries for the inspection process, identify waste and their root causes, develop solutions, and provide communication and feedback to the Steering committee for review and approval. The team quickly identified three major bottlenecks which caused the majority of delays: 1) the report review process, 2) multiple and redundant forms, and 3) lengthy inspection reports with unnecessary details.

Next, the project team began working on recommendations for improvement. This included major revisions to the Division’s Standard Operating Procedures manuals, a complete revamping of the review process for compliance reports, and a new streamlined method of information gathering and case file management.

In August 2011, the team conducted a successful field test of the new process, which was then expanded to include all compliance officers and continued through February 2012. At the end of the field test period, the challenges were evaluated and compared to the significant benefits acquired with the new process.

During the L6S field trial period, the following measurable benefits were identified:
1. Considerable improvement in time lines for case completion: 52% of cases were completed in 20 days or less, and only 21% took over 40 days to complete. This essentially cut the time to process cases in half.
2. All of the Standard Operating Procedures manuals and review processes were completely re-written.

So what is the positive impact of this new more efficient process for the workers and employers in the State of Utah? The Division is able to conduct more inspections, as well as better understand where UOSH can have the most impact on worker safety. We seek to increase support services to employers and workers, and this new process will allow staff to spend more time providing compliance assistance to employers, conducting more safety interventions with workers exposed to hazardous situations and working more efficiently on preventing serious injuries and fatalities.

The complete involvement, commitment and participation of the UOSH staff, and the continued support and contributions of Steering Team members Chris Bardin, Director of Safety and Health for The Layton Companies; D. Paul Riley, Global Safety Manager for the Risk Management Division of The Church of Jesus Christ of Latter-Day Saints; Thomas E. Bingham, President of the Utah Manufacturers Association, and Labor Commission Division Directors and Management has been fundamental to the success of this project.

What is the future of L6S in UOSH? The future implementation of an integrated enterprise-wide management system for all functions in the UOSH Division. And this is just the beginning.



The Federal Reserve chairman said job growth will require more consumer and business demand and that the Reserve's policies will help boost growth …  continue




BLOG: LEAVING A LEGACY
Today in Manufacturing

But often overlooked in the midst of these attacks are the food companies and owners investing in ways to make food safer and Americans healthier … continue



Quick Manufacturing News

Wages rose by 10% last year and will increase 13% this year, according to the government, prompted by labor shortages and worker unrest. Click to continue



Quick Manufacturing News

Overall, confidence in the equipment finance market is 61.7, up from the February index of 59.6, indicating industry participants are optimistic despite concerns that external factors, including gas prices and the upcoming elections, may have on the market. Click to continue


Quick Manufacturing News

A survey of 330 HR leaders conducted by Deloitte and the International Society of Certified Employee Benefit Specialists found that one-quarter of these HR leaders consider the shortage, motivation and retention of qualified talent to be the most significant challenge facing their organizations over the next three years. Click to continue


Quick Manufacturing News

According to new research, employees working alongside coworkers who condone or accept absenteeism may be more likely to miss more work – but only if they consider their supervisors unsupportive. Click to continue



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