ALLIED CONSTRUCTION INDUSTRIES

Your Primary Resource for Commercial ConstructionFall 2016

Greater Cincinnati Construction Foundation

2016 OKI Construction Career Days

ACI Annual Picnic

Celebrating 100 years of Service - Danis Building Construction Company

Celebrating 75 years of Service - Hilltop Basic Resources, Inc.

Legacy Matters

ACI Job Bank & New Website

ACI-YP Member Spotlight

Location, Location, Location – Why it Matters to Contractors for Sales and Use Tax Purposes

Build Ohio

Engaging Middle Schoolers in Construction

The 4th Annual ACI Clay Shoot

The New OSHA Silica Rule

ACI’s 3rd Annual Leadership Awards Luncheon

What’s Inside:

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The Cincinnati Constructor is an official publication of Allied Construction Industries, 3 Kovach Drive, Cincinnati, Ohio 45215. For information, advertising, rates or change of address, contact ACI at 513-221-8020. Submitted articles and editorials do not represent the opinions of Allied Construction Industries’ governing body.

Fall 2016

Allied Construction Industries

Executive Committee

Mark Douglas, PresidentMajid Samarghandi, First Vice President

Phil O’Brien, Second Vice PresidentSteve Eder, Secretary

Stephen Mann, TreasurerSteve Klinker, Past President

Board of Directors

Mark DouglasMatt M. Barry

Joseph BeischelDan Denier

Whitney EckertSteve Eder

Kathleen FischerJohn HigginsSteve KlinkerStephen MannPhil O'Brien

Majid SamarghandiMichael Strawser

Jim WatkinsScott Whittle

StaffTerry Phillips

Executive Director

Anthony Ricciardi Associate Director

Lindsey HallEducation Coordinator

Kimberly Cobaugh, CPAAccounting Manager

Erica SchwegmanMembership Manager

Christie FarrowEvents Manager

Susan BermanSafety Manager

Dan WrightInformation Technology & Plan Room Manager

Candace OakleyConstruction News Assistant

Lois WittekindConstruction News Assistant

Jennifer WeldonAdministrative Assistant

Lindsay VarneyAdministrative Assistant

Cheri ScherpenbergTri-State Area Safety Council

Eric ScherpenburgTri-State Area Safety Council

Anne MitchellSpirit of Construction Middle School Advocate

Message From the President 4

Message From the Executive Director 5

Greater Cincinnati Construction Foundation 5

2016 OKI Construction Career Days 6

ACI Annual Picnic 8

Celebrating 100 years of Service - Danis Building Construction Company 10

Celebrating 75 years of Service - Hilltop Basic Resources, Inc. 11

Legacy Matters 12

ACI Job Bank & New Website 12

Welcome New ACI Members 13

ACI-YP 14

ACI-YP Member Spotlight 14

Location, Location, Location – Why it Matters to Contractors for Sales and Use Tax Purposes 15

AGC Upcoming Events 16

Build Ohio 17

Engaging Middle Schoolers in Construction 21

The 4th Annual ACI Clay Shoot 22

The New OSHA Silica Rule 24

ACI’s 3rd Annual Leadership Awards Luncheon 26

Advertiser Index 30

Table of Contents

We are now accepting advertising for 2017 in ACI’s Constructor magazine.

The Constructor Magazine can showcase your products and services to over 530 construction-related

firms four times a year.

Call Christie at513-221-8020

Reserve Your Ad Today!

The Cincinnati Constructor is an official publication of Allied Construction Industries, 3 Kovach Drive, Cincinnati, Ohio 45215. For information, advertising, rates or change of address, contact ACI at 513-221-8020. Submitted articles and editorials do not represent the opinions of Allied Construction Industries’ governing body.

Fall 2016

Allied Construction Industries

Executive Committee

Mark Douglas, PresidentMajid Samarghandi, First Vice President

Phil O’Brien, Second Vice PresidentSteve Eder, Secretary

Stephen Mann, TreasurerSteve Klinker, Past President

Board of Directors

Mark DouglasMatt M. Barry

Joseph BeischelDan Denier

Whitney EckertSteve Eder

Kathleen FischerJohn HigginsSteve KlinkerStephen MannPhil O'Brien

Majid SamarghandiMichael Strawser

Jim WatkinsScott Whittle

StaffTerry Phillips

Executive Director

Anthony Ricciardi Associate Director

Lindsey HallEducation Coordinator

Kimberly Cobaugh, CPAAccounting Manager

Erica SchwegmanMembership Manager

Christie FarrowEvents Manager

Susan BermanSafety Manager

Dan WrightInformation Technology & Plan Room Manager

Candace OakleyConstruction News Assistant

Lois WittekindConstruction News Assistant

Jennifer WeldonAdministrative Assistant

Lindsay VarneyAdministrative Assistant

Cheri ScherpenbergTri-State Area Safety Council

Eric ScherpenburgTri-State Area Safety Council

Anne MitchellSpirit of Construction Middle School Advocate

Message From the President 4

Message From the Executive Director 5

Greater Cincinnati Construction Foundation 5

2016 OKI Construction Career Days 6

ACI Annual Picnic 8

Celebrating 100 years of Service - Danis Building Construction Company 10

Celebrating 75 years of Service - Hilltop Basic Resources, Inc. 11

Legacy Matters 12

ACI Job Bank & New Website 12

Welcome New ACI Members 13

ACI-YP 14

ACI-YP Member Spotlight 14

Location, Location, Location – Why it Matters to Contractors for Sales and Use Tax Purposes 15

AGC Upcoming Events 16

Build Ohio 17

Engaging Middle Schoolers in Construction 21

The 4th Annual ACI Clay Shoot 22

The New OSHA Silica Rule 24

ACI’s 3rd Annual Leadership Awards Luncheon 26

Advertiser Index 30

Table of Contents

We are now accepting advertising for 2017 in ACI’s Constructor magazine.

The Constructor Magazine can showcase your products and services to over 530 construction-related

firms four times a year.

Call Christie at513-221-8020

Reserve Your Ad Today!

As we approach the end of another year, it is a good time to reflect on our past. In this edition, I hope you will read about member companies t h a t c e l e b r a t e d s i g n i f i c a n t anniversaries in 2016. This includes Danis Building Construction Company – celebrating 100 years of service to this industry and Hilltop Basic Resources – celebrating 75 years of service.

Reflecting on what makes a company great and what goes into ensuring this type of longevity also begs the question - how did some of the companies get started?

We would like to honor three members that lost their founders and leaders this year: Robert Henderson, Ford Development Corp, Raymond Evers, Evers Steel Construction and Michael Besl, Fenton Rigging. While their firms continue to grow and develop with the next generation at the helm, it's good to see the path and journey taken to this point.

ACI has gone through some transformation this year and a primary focus remains to better serve members and to

be responsive to your needs. It takes a village to direct the efforts of the organization and 2016 produced a vital and energetic group of volunteers that stepped up to the challenge to help improve communications, programming and focus on the strategic plan.

ACI's 3rd Annual Leadership Awards Luncheon featured a few of our passionate volunteers and I hope that you will read about each one and find inspiration to become more involved with your industry and ACI. It doesn't take much time, just an interest and commitment to keep improving and heading in the right direction. If you are looking for a way to get involved or “give back” in some fashion, please contact Terry Phillips.

You may have noticed that ACI does not shy away from change or trying new things. You can see this in ACI's events and its venue. Each event is followed by a very brief survey taking just a couple of minutes to complete. ACI values your feedback and welcomes new ideas and suggestions. Please do us the favor of completing the survey when you attend an event.

I hope to see you at ACI's Holiday Open House on December 16th. This is a great chance to have a bite of lunch and network with members at the ACI office and have a chance to win a door prize as well (this is a no cost event!).

Fall 20164

Mark DouglasPresident, ACI

Message from the President

Fall 2016 5

Terry PhillipsExecutive Director, ACI

A landmark case made history on Friday, September 30th when a group of ACI contractors won, in summary judgement, their lawsuit against the City of Cincinnati. US District Court Judge Michael R. Barrett ruled in ACI's favor regarding the Responsible Bidder Ordinance, CMC C h a p t e r 3 2 0 , enacted by the City

of Cincinnati in 2012 and amended in May 2013. Over 30 contractors – union and open-shop, with support from the Ohio Contractors Association, funded this action to negate onerous regulations preventing fair and open competition. While ACI and its members do support responsible bidder requirements, the industry cannot support regulations that promote preferential treatment for some contractors and detrimental obstacles to others. This victory was long fought and well deserved, however, the battle will continue as the legal action moves into the appeals process. It's a given that the City will appeal since this case could have a far reaching impact on current and future ordinances. Cities such as Cincinnati

that operate as a Charter City under Home Rule are granted regulating flexibility within their jurisdictions. However, they are not allowed to be in conflict with State or Federal laws. The ACI lawsuit was based on Federal ERISA laws and Judge Barrett ruled in ACI's favor. This is the first lawsuit filed by ACI in our 87 year history and this action was not taken lightly. Thoughtful consideration was given to this issue by many members

and the Board of Directors . Monumental attempts to negotiate with city leaders stalled at every turn. If terms could have been reached, that would have been better for all involved. However, that was not to be the case.

AC I ' s B o a r d w e i g h e d t h e research, all of the information provided and found that the Responsible Bidder Ordinance significantly impacted contractors and just could not be allowed to stand. Advocacy is one of the duties in the ACI Mission Statement - to be a strong advocate for the construction industry, and that is why the Board approved this legal action. A strong industry requires strong support and ACI is the organization willing to go the distance.

Message from the Executive Director

We are extremely grateful to our ACI members, friends and donors for supporting and creating a pipeline of professional construction mangers and engineers through donations for higher education scholarships. Your generous gifts are tax-exempt by the IRS as our foundation is a 501(c)(3). We are excited to share that we received our fist scholarship donation from Craftsman Electric, Inc. The $2,500 donation will be awarded at the 2017 Allied Construction Industries Annual Meeting. Special thanks to the generosity of member companies at last year's Annual Meeting: A & A Wall Systems, Advanced Calking Systems, cHc Fabricating Corp., Denier Electric Co., Inc., Dugan & Meyers Construction Co., HGC Construction and R. J. Beischel Building Company. Also thanks to Allied Construction Industries, ACI-YP and Steel Toes to Stilettos, ASPE, and Dan Denier.

The ACI Scholarship Committee works to create and facilitate funding opportunities for college students by contributing its time, talent and resources to the ACI-Howard Knauf Scholarship Fund as well as company, family, etc. named funds. Duties of the committee include: donating and soliciting funding, interviewing, judging and awarding scholarships to undergraduate students studying Civil Engineering, Construction Management and other related majors in the construction industry. $33,500 in scholarships were awarded by the committee in 2016.

Bill Smith, Chairman and Dan Denier, ACI Board Liaison

For questions or additional information contact Anthony Ricciardi, ACI Associate Director, 513-842-7387, aricciardi@aci-construction.org

Greater Cincinnati Construction Foundation3 Kovach Drive Ÿ Cincinnati, Ohio 45215

As we approach the end of another year, it is a good time to reflect on our past. In this edition, I hope you will read about member companies t h a t c e l e b r a t e d s i g n i f i c a n t anniversaries in 2016. This includes Danis Building Construction Company – celebrating 100 years of service to this industry and Hilltop Basic Resources – celebrating 75 years of service.

Reflecting on what makes a company great and what goes into ensuring this type of longevity also begs the question - how did some of the companies get started?

We would like to honor three members that lost their founders and leaders this year: Robert Henderson, Ford Development Corp, Raymond Evers, Evers Steel Construction and Michael Besl, Fenton Rigging. While their firms continue to grow and develop with the next generation at the helm, it's good to see the path and journey taken to this point.

ACI has gone through some transformation this year and a primary focus remains to better serve members and to

be responsive to your needs. It takes a village to direct the efforts of the organization and 2016 produced a vital and energetic group of volunteers that stepped up to the challenge to help improve communications, programming and focus on the strategic plan.

ACI's 3rd Annual Leadership Awards Luncheon featured a few of our passionate volunteers and I hope that you will read about each one and find inspiration to become more involved with your industry and ACI. It doesn't take much time, just an interest and commitment to keep improving and heading in the right direction. If you are looking for a way to get involved or “give back” in some fashion, please contact Terry Phillips.

You may have noticed that ACI does not shy away from change or trying new things. You can see this in ACI's events and its venue. Each event is followed by a very brief survey taking just a couple of minutes to complete. ACI values your feedback and welcomes new ideas and suggestions. Please do us the favor of completing the survey when you attend an event.

I hope to see you at ACI's Holiday Open House on December 16th. This is a great chance to have a bite of lunch and network with members at the ACI office and have a chance to win a door prize as well (this is a no cost event!).

Fall 20164

Mark DouglasPresident, ACI

Message from the President

Fall 2016 5

Terry PhillipsExecutive Director, ACI

A landmark case made history on Friday, September 30th when a group of ACI contractors won, in summary judgement, their lawsuit against the City of Cincinnati. US District Court Judge Michael R. Barrett ruled in ACI's favor regarding the Responsible Bidder Ordinance, CMC C h a p t e r 3 2 0 , enacted by the City

of Cincinnati in 2012 and amended in May 2013. Over 30 contractors – union and open-shop, with support from the Ohio Contractors Association, funded this action to negate onerous regulations preventing fair and open competition. While ACI and its members do support responsible bidder requirements, the industry cannot support regulations that promote preferential treatment for some contractors and detrimental obstacles to others. This victory was long fought and well deserved, however, the battle will continue as the legal action moves into the appeals process. It's a given that the City will appeal since this case could have a far reaching impact on current and future ordinances. Cities such as Cincinnati

that operate as a Charter City under Home Rule are granted regulating flexibility within their jurisdictions. However, they are not allowed to be in conflict with State or Federal laws. The ACI lawsuit was based on Federal ERISA laws and Judge Barrett ruled in ACI's favor. This is the first lawsuit filed by ACI in our 87 year history and this action was not taken lightly. Thoughtful consideration was given to this issue by many members

and the Board of Directors . Monumental attempts to negotiate with city leaders stalled at every turn. If terms could have been reached, that would have been better for all involved. However, that was not to be the case.

AC I ' s B o a r d w e i g h e d t h e research, all of the information provided and found that the Responsible Bidder Ordinance significantly impacted contractors and just could not be allowed to stand. Advocacy is one of the duties in the ACI Mission Statement - to be a strong advocate for the construction industry, and that is why the Board approved this legal action. A strong industry requires strong support and ACI is the organization willing to go the distance.

Message from the Executive Director

We are extremely grateful to our ACI members, friends and donors for supporting and creating a pipeline of professional construction mangers and engineers through donations for higher education scholarships. Your generous gifts are tax-exempt by the IRS as our foundation is a 501(c)(3). We are excited to share that we received our fist scholarship donation from Craftsman Electric, Inc. The $2,500 donation will be awarded at the 2017 Allied Construction Industries Annual Meeting. Special thanks to the generosity of member companies at last year's Annual Meeting: A & A Wall Systems, Advanced Calking Systems, cHc Fabricating Corp., Denier Electric Co., Inc., Dugan & Meyers Construction Co., HGC Construction and R. J. Beischel Building Company. Also thanks to Allied Construction Industries, ACI-YP and Steel Toes to Stilettos, ASPE, and Dan Denier.

The ACI Scholarship Committee works to create and facilitate funding opportunities for college students by contributing its time, talent and resources to the ACI-Howard Knauf Scholarship Fund as well as company, family, etc. named funds. Duties of the committee include: donating and soliciting funding, interviewing, judging and awarding scholarships to undergraduate students studying Civil Engineering, Construction Management and other related majors in the construction industry. $33,500 in scholarships were awarded by the committee in 2016.

Bill Smith, Chairman and Dan Denier, ACI Board Liaison

For questions or additional information contact Anthony Ricciardi, ACI Associate Director, 513-842-7387, aricciardi@aci-construction.org

Greater Cincinnati Construction Foundation3 Kovach Drive Ÿ Cincinnati, Ohio 45215

6 Fall 2016

2016 OKI Construction Career DaysThank you to everyone who helped to make the 2016 OKI Construction Career Days such a great success. This remarkable event would not be made possible without the support of our sponsors, exhibitors, volunteers, and Construction Career Days Committee. This year we were host to almost 2,000 middle school and high school students from 32 schools throughout Kentucky, Indiana and Ohio. Thank you to our Exhibitors: Art's Rental, Baker Concrete Construction Co, Inc., Barrett Paving Materials, Inc., Beeline Purchasing, Bobcat Enterprises, Butler Wa r r e n I B E W J AT C L o c a l 6 4 8 , C e m e n t Masons/Plasterers Local 132 JATC, Cleveland Construction, Danis Building Construction Company, Denier Electric Co, Inc., Dugan & Meyers Construction Company, Duke Energy, Elite Welding Academy, Federal Highway Administraion Ohio & Indiana, HFIAW Local 8 JATC, IBEW/NECA Electrical Training Center, IEC of Greater Cinc innat i , Indiana Department of Transportation (INDOT), John R. Jurgenson Company, Lithko Contracting, Inc., Mechanical Systems of Dayton, Messer Construction Company, Murphy Tractor-John Deere, NAWIC-Cincinnati Chapter, Northern Kentucky University-Construction Managment, Ohio Department of Transportation (ODOT), Ohio Army National Guard, Ohio Carpenters JATC, Ohio Concrete Sawing and Drilling, Ohio Means Jobs-Butler County, Ohio Operating Engineers Apprenticeship, OUPS, Ohio Valley Construction Education Foundation, Plumbers, Pipefitters, HVAC-R Local 392 JATC, SELF, Sheet Metal Workers Local 24 JATC, Southern Ohio/KY Regional Training Center, University of Cincinnati. Thank you to our Sponsors: Allied Construction Industries, Baker Concrete Construction Co. Inc , Butler Warren IBEW JATC, Carpenters Local 2, Carpenters Local 136, Cement Masons/Plasterers JATC's, cHc Fabricating Corp, Construction Advancement Program, Danis Building Construction Company, Denier Electric Co, Inc, Dugan & Meyer Construction Company, Elite Welding Academy, Greater Cincinnati Apprenticeship Council, IBEW/NECA Electrical Training Center, IEC of Greater Cincinnati, John R. Jurgensen Company, Messer Construction Company, Millwrights Local 1090, NAWIC - Cincinnati Chapter, Ohio Concrete Sawing and Drilling, ODOT, Ohio Department of Transportation District 8, Ohio Operating Engineers Apprenticeship, Plumbers Pipefitters Local 392 JATC, Reinforced Concrete Iron Workers JATC, S&ME, Inc., Southern Ohio/KY Regional Training Center, Spirit of Construction Foundation.

7Fall 2016

6 Fall 2016

2016 OKI Construction Career DaysThank you to everyone who helped to make the 2016 OKI Construction Career Days such a great success. This remarkable event would not be made possible without the support of our sponsors, exhibitors, volunteers, and Construction Career Days Committee. This year we were host to almost 2,000 middle school and high school students from 32 schools throughout Kentucky, Indiana and Ohio. Thank you to our Exhibitors: Art's Rental, Baker Concrete Construction Co, Inc., Barrett Paving Materials, Inc., Beeline Purchasing, Bobcat Enterprises, Butler Wa r r e n I B E W J AT C L o c a l 6 4 8 , C e m e n t Masons/Plasterers Local 132 JATC, Cleveland Construction, Danis Building Construction Company, Denier Electric Co, Inc., Dugan & Meyers Construction Company, Duke Energy, Elite Welding Academy, Federal Highway Administraion Ohio & Indiana, HFIAW Local 8 JATC, IBEW/NECA Electrical Training Center, IEC of Greater Cinc innat i , Indiana Department of Transportation (INDOT), John R. Jurgenson Company, Lithko Contracting, Inc., Mechanical Systems of Dayton, Messer Construction Company, Murphy Tractor-John Deere, NAWIC-Cincinnati Chapter, Northern Kentucky University-Construction Managment, Ohio Department of Transportation (ODOT), Ohio Army National Guard, Ohio Carpenters JATC, Ohio Concrete Sawing and Drilling, Ohio Means Jobs-Butler County, Ohio Operating Engineers Apprenticeship, OUPS, Ohio Valley Construction Education Foundation, Plumbers, Pipefitters, HVAC-R Local 392 JATC, SELF, Sheet Metal Workers Local 24 JATC, Southern Ohio/KY Regional Training Center, University of Cincinnati. Thank you to our Sponsors: Allied Construction Industries, Baker Concrete Construction Co. Inc , Butler Warren IBEW JATC, Carpenters Local 2, Carpenters Local 136, Cement Masons/Plasterers JATC's, cHc Fabricating Corp, Construction Advancement Program, Danis Building Construction Company, Denier Electric Co, Inc, Dugan & Meyer Construction Company, Elite Welding Academy, Greater Cincinnati Apprenticeship Council, IBEW/NECA Electrical Training Center, IEC of Greater Cincinnati, John R. Jurgensen Company, Messer Construction Company, Millwrights Local 1090, NAWIC - Cincinnati Chapter, Ohio Concrete Sawing and Drilling, ODOT, Ohio Department of Transportation District 8, Ohio Operating Engineers Apprenticeship, Plumbers Pipefitters Local 392 JATC, Reinforced Concrete Iron Workers JATC, S&ME, Inc., Southern Ohio/KY Regional Training Center, Spirit of Construction Foundation.

7Fall 2016

8 Fall 2016

2016ACI Annual PicnicACI's 71st Annual Picnic was held on September 22nd at the Kolping Center with over 180 members in attendance. Members enjoyed networking, music and contests. Congratulations to Alex Neumann of Universal Contracting Corp. and Johnathan Gebbie of Ambassador Steel Fabrication LLC, for winning first place in the Corn Hole Tournament. Courtney Wells, Baker Concrete Construction Co., won the Balloon Sling Shot Contest and Johnathan Gebbie also came in first place in the Stein Hoist Contest. The winner of the two airline tickets was Richard Ritz, Civil Solutions Associates, Inc. Thank you to our Sponsors, Baker Concrete Construction Co., CareWorksComp and Geiger Construction Products. Thank you to everyone for making this event successful.

9Fall 2016

8 Fall 2016

2016ACI Annual PicnicACI's 71st Annual Picnic was held on September 22nd at the Kolping Center with over 180 members in attendance. Members enjoyed networking, music and contests. Congratulations to Alex Neumann of Universal Contracting Corp. and Johnathan Gebbie of Ambassador Steel Fabrication LLC, for winning first place in the Corn Hole Tournament. Courtney Wells, Baker Concrete Construction Co., won the Balloon Sling Shot Contest and Johnathan Gebbie also came in first place in the Stein Hoist Contest. The winner of the two airline tickets was Richard Ritz, Civil Solutions Associates, Inc. Thank you to our Sponsors, Baker Concrete Construction Co., CareWorksComp and Geiger Construction Products. Thank you to everyone for making this event successful.

9Fall 2016

10 Fall 2016

Anthony Ricc iard i ACI Associate Director

B. G. Danis, Sr. started a construction company in 1916 in Dayton, Ohio, a growing city bursting at the seams with innovation. His philosophy was to bring on board hardworking, creative individuals to build a strong foundation and create lasting relationships with clients. He believed that the success of the company was rooted in its people. Having arrived in Dayton five years prior from Pittsfield, Massachusetts, as office manager for a nationwide contractor, Danis embraced Dayton's innovative spirit wholeheartedly. On

one of his first jobs, a 10-million gallon water reservoir for the City of Dayton, he was awarded a patent for concrete forming. During these early years, the company built projects for the

Dayton-Wright Airplane Company, factories for the early automotive industry, and hospitals throughout the Dayton community. H i s t w o s o n s , Charles and B.G. Jr., joined the company after returning from service in World War II. Together, they oversaw the company's growth in pro jec t s and d iver s i t y throughout the 1950's, '60's

and '70's. Danis began building roads and highways, entered the solid waste hauling and landfill business, and grew the construction products manufacturing entity whose roots can be traced back to that first patent. As the company grew, the brothers promoted long-term, non-family member employees to run their businesses. The B.G. Danis Building Division built its first skyscraper, the Winters Bank Tower in Downtown Dayton (now known as Kettering Tower) which remains Dayton's tallest building. The B.G. Danis Building Division worked extensively on the campus of the University of Dayton (UD), helping the university expand the footprint of the campus. The company built UD's Field House, the Albert Emanuel Library, and UD Arena, among others. Danis also continued building churches, hospitals, and schools throughout the area including Sinclair Community College's campus. During the 1970's and '80's, the parent company, then known as Danis Industries, transitioned to the third-generation of family leadership. Tom and Dick Danis (sons of B.G. Jr. and Charles, respectively) joined the company in the '70's, followed by their brothers Peter and John in the '80's. The company diversified once again, delving into the real estate business and building water and wastewater treatment plants.

Danis also sold the solid waste and manufacturing companies at this time. It was also during this time period that the building division expanded, opening offices in Cincinnati and Columbus. Larger and more complex projects were

undertaken such as a five-building campus for Mead Data Central, now LexisNexis, and extensive industrial projects for General M o t o r s ( G M ) a n d D a y t o n E n g i n e e r i n g L a b o r a t o r i e s Company (Delco). The 1990's brought even more changes. The company exited the highway sector and healthcare became a major area of focus and expertise for the

building company. In October of 1997, a group of managers and family members led by John Danis, B.G's grandson, acquired Danis Building Construction Company from The Danis Companies. Danis Building and its affiliates continue to grow in the 21st century and, through acquisitions, have expanded into Florida and North Carolina. Today, Danis is one of the nation's largest healthcare builders, working on 15 to 20 campuses at a time, and has often been ranked nationally among t h e To p 2 5 H e a l t h c a r e Construction Companies by Modern Healthcare magazine and among the top two healthcare construction firms by Healthcare Design magazine. D a n i s c o n t i n u e s t o partner with institutions of higher education, such as the University of Dayton, North Carolina State and the University of North Florida, among many others. The company has also helped businesses such as SAS, Cardinal Health, AtriCure, and WP Glimcher grow their brands through iconic facilities and headquarters. In 2016, the company celebrated its centennial anniversary. Reflecting upon the last 100 years of the company's history, the Danis leadership team, spearheaded by John Danis, remains as strongly rooted as ever in the original philosophies that B.G. Danis held when he founded the firm. Danis executives emphasize that employees are their greatest asset. As they look to the future, they will continue to bring on the best and brightest to build a strong future for the Danis Building Companies for the next 100 years and beyond. Congratulations Danis Building Construction Company for your 100 years in business!

Celebrating 100 years of ServiceDanis Building Construction Company

B.G. Danis laid the foundation for a company that would help to shape the skyline of Dayton, and beyond.

The Dayton-Wright Airplane Company (DWAC) Plant 1 - 1918:

The Jewish Hospital – Mercy Health

Kettering Tower

11Fall 2016

Hilltop Basic Resources, Inc. was founded in Cincinnati in 1941 by I.W. and Katherine D. Steele as a building materials and ready mixed concrete supplier. Hilltop Basic Resources, Inc. is committed to supplying the construction industry with the best value in aggregates and ready mixed concrete. Hilltop management throughout its 75 year history realizes the importance of aggregates in our daily lives. Mining of sand and gravel in our modern world is only a transitional use of the land, one which provides vital resources for community needs. This land, however, will achieve future use through reclamation and the results of this process will greatly benefit

future generations. By unify ing mining with community interest and implementing land use planning, Hilltop will c o n t i n u e t o w o r k i n partnership wi th the communities in which it is located to address their long term needs.

Hilltop continues in the ready mixed concrete business in Cincinnati because of a focus on a specific market niche. In Cincinnati, Hilltop concentrates on commercial and industrial work and is the only ready mixed supplier with a plant in the downtown Cincinnati market. Hilltop supplies its Cincinnati ready mixed plant with quality aggregates from the Patriot, Indiana plant. Background History I n 1 9 4 9 , Hilltop expanded into the Dayton, Ohio market and during the 1950's Hilltop became the largest ready mixed concrete producer in the state of Ohio with 14 plants. Hilltop eventually expanded the aggregates business by acquiring three sand and gravel plants in the Dayton area. Additionally, in 1965, Hilltop opened its largest aggregates plant in Patriot, Indiana to serve internal needs on the river. In 1970 Hilltop began to supply aggregates from that facility to outside customers. In 1993, the transition to the third generation of the Steele family was completed with the election of John Steele, Jr. as President and CEO. In January, 1995 Hilltop completed the purchase of a river terminal in Constance, Kentucky, beginning the

expansion into the Northern Kentucky market. In April, 1995 through a combination of stock redemptions and purchases the president of the company became the owner of 100% of the stock outstanding. This completed the transition of company ownership to the third generation of the Steele family. In 1999, Hilltop purchased Maysville Ready Mixed Concrete Company, Inc.

("Maysville Ready Mix"), a longtime customer of Hilltop's Patriot plant. Maysville Ready Mixed met Hilltop's criteria for expansion as a well-managed, dominant concrete supplier in its market which Hilltop could continue to supply with quality aggregates. In December 2001, Hilltop acquired a limestone quarry in Pendleton C o u n t y , K e n t u c k y , forming Hilltop Stone, LLC. This acquisition a l l o w e d H i l l t o p t o continue to expand its presence in the Northern Kentucky marketplace, a market which is expected to provide significant f u t u r e g r o w t h opportunities. In December 2003, Hilltop divested all three Dayton aggregate operations. This divestiture allows Hilltop to focus on its core markets in Cincinnati, Northern Kentucky and markets along the Ohio River and its tributaries. In 2004, Hilltop acquired the Big Bend Quarry located on the Ohio River in Meade County, Kentucky. The quarry is capable of producing high calcium limestone for use by utilities for reduction of sulfur dioxide emissions and construction stone. In the spring of 2006, Hilltop opened a terminal and ready mix concrete facility in Aberdeen, Ohio. Congratulations Hilltop Basic Resources for your 75 years in business!

Celebrating 75 years of ServiceHilltop Basic Resources, Inc.

Our customers come first; We care what you thinkBy Anthony Ricciardi

(Thank you to Amanda Burkes of vellaINC for providing content)

10 Fall 2016

Anthony Ricc iard i ACI Associate Director

B. G. Danis, Sr. started a construction company in 1916 in Dayton, Ohio, a growing city bursting at the seams with innovation. His philosophy was to bring on board hardworking, creative individuals to build a strong foundation and create lasting relationships with clients. He believed that the success of the company was rooted in its people. Having arrived in Dayton five years prior from Pittsfield, Massachusetts, as office manager for a nationwide contractor, Danis embraced Dayton's innovative spirit wholeheartedly. On

one of his first jobs, a 10-million gallon water reservoir for the City of Dayton, he was awarded a patent for concrete forming. During these early years, the company built projects for the

Dayton-Wright Airplane Company, factories for the early automotive industry, and hospitals throughout the Dayton community. H i s t w o s o n s , Charles and B.G. Jr., joined the company after returning from service in World War II. Together, they oversaw the company's growth in pro jec t s and d iver s i t y throughout the 1950's, '60's

and '70's. Danis began building roads and highways, entered the solid waste hauling and landfill business, and grew the construction products manufacturing entity whose roots can be traced back to that first patent. As the company grew, the brothers promoted long-term, non-family member employees to run their businesses. The B.G. Danis Building Division built its first skyscraper, the Winters Bank Tower in Downtown Dayton (now known as Kettering Tower) which remains Dayton's tallest building. The B.G. Danis Building Division worked extensively on the campus of the University of Dayton (UD), helping the university expand the footprint of the campus. The company built UD's Field House, the Albert Emanuel Library, and UD Arena, among others. Danis also continued building churches, hospitals, and schools throughout the area including Sinclair Community College's campus. During the 1970's and '80's, the parent company, then known as Danis Industries, transitioned to the third-generation of family leadership. Tom and Dick Danis (sons of B.G. Jr. and Charles, respectively) joined the company in the '70's, followed by their brothers Peter and John in the '80's. The company diversified once again, delving into the real estate business and building water and wastewater treatment plants.

Danis also sold the solid waste and manufacturing companies at this time. It was also during this time period that the building division expanded, opening offices in Cincinnati and Columbus. Larger and more complex projects were

undertaken such as a five-building campus for Mead Data Central, now LexisNexis, and extensive industrial projects for General M o t o r s ( G M ) a n d D a y t o n E n g i n e e r i n g L a b o r a t o r i e s Company (Delco). The 1990's brought even more changes. The company exited the highway sector and healthcare became a major area of focus and expertise for the

building company. In October of 1997, a group of managers and family members led by John Danis, B.G's grandson, acquired Danis Building Construction Company from The Danis Companies. Danis Building and its affiliates continue to grow in the 21st century and, through acquisitions, have expanded into Florida and North Carolina. Today, Danis is one of the nation's largest healthcare builders, working on 15 to 20 campuses at a time, and has often been ranked nationally among t h e To p 2 5 H e a l t h c a r e Construction Companies by Modern Healthcare magazine and among the top two healthcare construction firms by Healthcare Design magazine. D a n i s c o n t i n u e s t o partner with institutions of higher education, such as the University of Dayton, North Carolina State and the University of North Florida, among many others. The company has also helped businesses such as SAS, Cardinal Health, AtriCure, and WP Glimcher grow their brands through iconic facilities and headquarters. In 2016, the company celebrated its centennial anniversary. Reflecting upon the last 100 years of the company's history, the Danis leadership team, spearheaded by John Danis, remains as strongly rooted as ever in the original philosophies that B.G. Danis held when he founded the firm. Danis executives emphasize that employees are their greatest asset. As they look to the future, they will continue to bring on the best and brightest to build a strong future for the Danis Building Companies for the next 100 years and beyond. Congratulations Danis Building Construction Company for your 100 years in business!

Celebrating 100 years of ServiceDanis Building Construction Company

B.G. Danis laid the foundation for a company that would help to shape the skyline of Dayton, and beyond.

The Dayton-Wright Airplane Company (DWAC) Plant 1 - 1918:

The Jewish Hospital – Mercy Health

Kettering Tower

11Fall 2016

Hilltop Basic Resources, Inc. was founded in Cincinnati in 1941 by I.W. and Katherine D. Steele as a building materials and ready mixed concrete supplier. Hilltop Basic Resources, Inc. is committed to supplying the construction industry with the best value in aggregates and ready mixed concrete. Hilltop management throughout its 75 year history realizes the importance of aggregates in our daily lives. Mining of sand and gravel in our modern world is only a transitional use of the land, one which provides vital resources for community needs. This land, however, will achieve future use through reclamation and the results of this process will greatly benefit

future generations. By unify ing mining with community interest and implementing land use planning, Hilltop will c o n t i n u e t o w o r k i n partnership wi th the communities in which it is located to address their long term needs.

Hilltop continues in the ready mixed concrete business in Cincinnati because of a focus on a specific market niche. In Cincinnati, Hilltop concentrates on commercial and industrial work and is the only ready mixed supplier with a plant in the downtown Cincinnati market. Hilltop supplies its Cincinnati ready mixed plant with quality aggregates from the Patriot, Indiana plant. Background History I n 1 9 4 9 , Hilltop expanded into the Dayton, Ohio market and during the 1950's Hilltop became the largest ready mixed concrete producer in the state of Ohio with 14 plants. Hilltop eventually expanded the aggregates business by acquiring three sand and gravel plants in the Dayton area. Additionally, in 1965, Hilltop opened its largest aggregates plant in Patriot, Indiana to serve internal needs on the river. In 1970 Hilltop began to supply aggregates from that facility to outside customers. In 1993, the transition to the third generation of the Steele family was completed with the election of John Steele, Jr. as President and CEO. In January, 1995 Hilltop completed the purchase of a river terminal in Constance, Kentucky, beginning the

expansion into the Northern Kentucky market. In April, 1995 through a combination of stock redemptions and purchases the president of the company became the owner of 100% of the stock outstanding. This completed the transition of company ownership to the third generation of the Steele family. In 1999, Hilltop purchased Maysville Ready Mixed Concrete Company, Inc.

("Maysville Ready Mix"), a longtime customer of Hilltop's Patriot plant. Maysville Ready Mixed met Hilltop's criteria for expansion as a well-managed, dominant concrete supplier in its market which Hilltop could continue to supply with quality aggregates. In December 2001, Hilltop acquired a limestone quarry in Pendleton C o u n t y , K e n t u c k y , forming Hilltop Stone, LLC. This acquisition a l l o w e d H i l l t o p t o continue to expand its presence in the Northern Kentucky marketplace, a market which is expected to provide significant f u t u r e g r o w t h opportunities. In December 2003, Hilltop divested all three Dayton aggregate operations. This divestiture allows Hilltop to focus on its core markets in Cincinnati, Northern Kentucky and markets along the Ohio River and its tributaries. In 2004, Hilltop acquired the Big Bend Quarry located on the Ohio River in Meade County, Kentucky. The quarry is capable of producing high calcium limestone for use by utilities for reduction of sulfur dioxide emissions and construction stone. In the spring of 2006, Hilltop opened a terminal and ready mix concrete facility in Aberdeen, Ohio. Congratulations Hilltop Basic Resources for your 75 years in business!

Celebrating 75 years of ServiceHilltop Basic Resources, Inc.

Our customers come first; We care what you thinkBy Anthony Ricciardi

(Thank you to Amanda Burkes of vellaINC for providing content)

Erica Schwegman, ACIMembership Manager

12 Fall 2016

This year, at least 3 ACI member firms lost their founders and leaders. While change is inevitable and certainly so much has changed since these members founded or joined their family firms, it's important to reflect on where they started and to see where they are today. Let's celebrate the legacy they each leave

to the next generation. ACI is honored to share information about Michael Besl, former President of Fenton Rigging; Robert Henderson, founder of Ford Development Corp. and Raymond L. Evers, founder of Evers Steel Construction.

Legacy Matters By Anthony Ricciardi

13 Fall 2016

Solid PlatformsContact: Tom DunajeskiPhone: 219-762-8054Company Specializes In: full service scaffolding.

Highlift Equipment LtdContact: Terry SchroederPhone: 513-563-7500Company Specializes in: sales and rental of construction equipment.

Center BankContact: Rob EtheringtonPhone: 513-965-8505Company Mission: The mission of CenterBank is to provide updated and relevant banking services to customers delivered with a friendly and local feel.

Old Republic Bank CompanyContact: Scot AlbrinckPhone: 513-247-6125Company Specializes In: surety bonding.

Ware-Log, LLCContact: Charlotte DeLongPhone: 937-608-4959Company Specializes In: Warehouse material handling installation.

Engineered Building Systems, Inc.Contact: Jason WeierPhone: 859-261-0585Engineered Building Systems, Inc. is a full-service M e c h a n i c a l , E l e c t r i c a l , P l u m b i n g a n d Telecommunication design firm. Our partners have over 40 year of combined experience in commercial facility design. We provide services for many types of facilities including; Hospitality, Casino, Office, Mixed-use, R e s i d e n t i a l m u l t i - f a m i l y, E d u c a t i o n , C i v i c , Government/Military, Restaurant and Retail.

Contractor Strategy ConsultantsContact: Brigid HuberPhone: 513-910-8542Company Specializes In: strategy consulting for contractors with a focus on management retreat, accounting process & metrics and succession plan coaching/facilitation.

Beckett SpringsContact: Barbara ThompsonPhone: 513-942-9500Company Specializes In: Mental Health and Addiction Services

Welcome New ACI Members

For membership information contact Erica Schwegman, Membership Manager

ALLIED CONSTRUCTION INDUSTRIESMEMBER

RKPT provides legal services for the construction industry, including development and contruction contract review, credit application and accounts receivable consulting and review, private and public lien claims, bond claims, contract disputes and collections.

Contact Richard O. Hamilton, Jr., Attorney & Shareholderrhamilton@rkpt.com

Rick has over 20 years experience in the construction industry and is a qualified Neutral with the American Arbitration Association

ATTORNEYS AT LAWPERSONAL. FAMILY. BUSINESS. LITIGATION.

ROBBINS, KELLY, PATTERSON & TUCKER, LPA7 WEST 7TH STREET, SUITE 1400, CINCINNATI, OHIO 45202

513-721-3330 WWW.RKPT.COM

THIS IS AN ADVERTISEMENT

The past quarter has been an exciting one for all our members! We kicked off the new dues structure, another Leadership Excellence series, announced the 2017 ACI/OSHA Safety Day date (2/14/17), hosted a record breaking (quadruple the attendees!) Clay Shoot event and kicked off and graduated another pre-apprentice class. And we are not slowing down!

Last quarter we also officially launched our new website! With a brand new mobile friendly interface, you can access all the ACI information you need from anywhere. With numerous new classes and events coming out, this is the perfect time to familiarize

yourself with our website. One of the most exciting additions is our Job Bank. If you are looking to hire, you can utilize ACI's website to accomplish this goal. Workforce development is the #1 issue in the industry. Let us help you fulfill your employment needs! We also invite you to celebrate the holidays with us on Friday, December 16th at the Annual Holiday Open House. Join us for some festive fun, a warm meal, opportunity to win a door prize and plenty of networking! Please call me at the office or e-mail me to register. We are always looking for new and beneficial ways for you to make the most of your membership. Please contact us if you ever need a class, certification, contact etc. Make the rest of 2016 a good o n e ! 5 1 3 - 2 2 1 - 8 0 2 0 o r e s c h w e g m a n @ a c i -construction.org.

ACI Job Bank & New Website

Michael W. Besl 2/17/1953 - 6/4/2016 Fenton Rigging has been a family owned company since 1898 and for over 100 years they have been giving superior results to their customers with this s imple promise: “Complete every project on time and on budget with unparalleled expertise and

innovation”. Mike Besl joined the business in 1972 working to continue the company legacy started by his great uncle Lester who was joined by Mike's father, William Besl, almost 70 years ago. Mike spent 20 years serving as the 3rd generation President of Fenton Rigging & Contracting.

Raymond L. Evers1932 - 2/3/2016Established Ray Evers Welding Co in 1962. Following his return from active service in the Korean War, Ray decided to put his military experience of welding and equipment repair to use. Ray's experience coupled with his

spirited drive for success resulted in the small operation subsequently evolving into one of the leading full service erection companies in the region. Ray's son Edward joined the company in 1983 and took over operations 1994. He describes his father as “hard working and persistent” and

always respectful of his customers and employees. Evers is now a full service structural steel and crane/rigging contractor with a fully owned, operated and maintained fleet of equipment.

Robert J. Henderson 1933 - 1/24/16Purchased 50% of Ford Development in 1970 from Vernon Ford. Bob's expertise was underground site excavation work but as of today, the company has evolved into a complete design/build construction services

firm. Bob focused on a commitment to quality which helped to develop the long-standing business relationship still held today. Bob's son Bobby, who purchased Vernon Ford's remaining 50% in 1980, is now at the helm as he continues the legacy of valuing customers and employees. Bobby described his dad as a generous, kind and honest man, who raised four children – 3 girls and 1 boy. According to Bobby, his dad took a big risk purchasing ownership of the company and was often heard describing the commercial construction industry as “things are never as good as it seems and never as bad as it seems.” Bobby is now proud to share that his two sons are working at the company as well.

Erica Schwegman, ACIMembership Manager

12 Fall 2016

This year, at least 3 ACI member firms lost their founders and leaders. While change is inevitable and certainly so much has changed since these members founded or joined their family firms, it's important to reflect on where they started and to see where they are today. Let's celebrate the legacy they each leave

to the next generation. ACI is honored to share information about Michael Besl, former President of Fenton Rigging; Robert Henderson, founder of Ford Development Corp. and Raymond L. Evers, founder of Evers Steel Construction.

Legacy Matters By Anthony Ricciardi

13 Fall 2016

Solid PlatformsContact: Tom DunajeskiPhone: 219-762-8054Company Specializes In: full service scaffolding.

Highlift Equipment LtdContact: Terry SchroederPhone: 513-563-7500Company Specializes in: sales and rental of construction equipment.

Center BankContact: Rob EtheringtonPhone: 513-965-8505Company Mission: The mission of CenterBank is to provide updated and relevant banking services to customers delivered with a friendly and local feel.

Old Republic Bank CompanyContact: Scot AlbrinckPhone: 513-247-6125Company Specializes In: surety bonding.

Ware-Log, LLCContact: Charlotte DeLongPhone: 937-608-4959Company Specializes In: Warehouse material handling installation.

Engineered Building Systems, Inc.Contact: Jason WeierPhone: 859-261-0585Engineered Building Systems, Inc. is a full-service M e c h a n i c a l , E l e c t r i c a l , P l u m b i n g a n d Telecommunication design firm. Our partners have over 40 year of combined experience in commercial facility design. We provide services for many types of facilities including; Hospitality, Casino, Office, Mixed-use, R e s i d e n t i a l m u l t i - f a m i l y, E d u c a t i o n , C i v i c , Government/Military, Restaurant and Retail.

Contractor Strategy ConsultantsContact: Brigid HuberPhone: 513-910-8542Company Specializes In: strategy consulting for contractors with a focus on management retreat, accounting process & metrics and succession plan coaching/facilitation.

Beckett SpringsContact: Barbara ThompsonPhone: 513-942-9500Company Specializes In: Mental Health and Addiction Services

Welcome New ACI Members

For membership information contact Erica Schwegman, Membership Manager

ALLIED CONSTRUCTION INDUSTRIESMEMBER

RKPT provides legal services for the construction industry, including development and contruction contract review, credit application and accounts receivable consulting and review, private and public lien claims, bond claims, contract disputes and collections.

Contact Richard O. Hamilton, Jr., Attorney & Shareholderrhamilton@rkpt.com

Rick has over 20 years experience in the construction industry and is a qualified Neutral with the American Arbitration Association

ATTORNEYS AT LAWPERSONAL. FAMILY. BUSINESS. LITIGATION.

ROBBINS, KELLY, PATTERSON & TUCKER, LPA7 WEST 7TH STREET, SUITE 1400, CINCINNATI, OHIO 45202

513-721-3330 WWW.RKPT.COM

THIS IS AN ADVERTISEMENT

The past quarter has been an exciting one for all our members! We kicked off the new dues structure, another Leadership Excellence series, announced the 2017 ACI/OSHA Safety Day date (2/14/17), hosted a record breaking (quadruple the attendees!) Clay Shoot event and kicked off and graduated another pre-apprentice class. And we are not slowing down!

Last quarter we also officially launched our new website! With a brand new mobile friendly interface, you can access all the ACI information you need from anywhere. With numerous new classes and events coming out, this is the perfect time to familiarize

yourself with our website. One of the most exciting additions is our Job Bank. If you are looking to hire, you can utilize ACI's website to accomplish this goal. Workforce development is the #1 issue in the industry. Let us help you fulfill your employment needs! We also invite you to celebrate the holidays with us on Friday, December 16th at the Annual Holiday Open House. Join us for some festive fun, a warm meal, opportunity to win a door prize and plenty of networking! Please call me at the office or e-mail me to register. We are always looking for new and beneficial ways for you to make the most of your membership. Please contact us if you ever need a class, certification, contact etc. Make the rest of 2016 a good o n e ! 5 1 3 - 2 2 1 - 8 0 2 0 o r e s c h w e g m a n @ a c i -construction.org.

ACI Job Bank & New Website

Michael W. Besl 2/17/1953 - 6/4/2016 Fenton Rigging has been a family owned company since 1898 and for over 100 years they have been giving superior results to their customers with this s imple promise: “Complete every project on time and on budget with unparalleled expertise and

innovation”. Mike Besl joined the business in 1972 working to continue the company legacy started by his great uncle Lester who was joined by Mike's father, William Besl, almost 70 years ago. Mike spent 20 years serving as the 3rd generation President of Fenton Rigging & Contracting.

Raymond L. Evers1932 - 2/3/2016Established Ray Evers Welding Co in 1962. Following his return from active service in the Korean War, Ray decided to put his military experience of welding and equipment repair to use. Ray's experience coupled with his

spirited drive for success resulted in the small operation subsequently evolving into one of the leading full service erection companies in the region. Ray's son Edward joined the company in 1983 and took over operations 1994. He describes his father as “hard working and persistent” and

always respectful of his customers and employees. Evers is now a full service structural steel and crane/rigging contractor with a fully owned, operated and maintained fleet of equipment.

Robert J. Henderson 1933 - 1/24/16Purchased 50% of Ford Development in 1970 from Vernon Ford. Bob's expertise was underground site excavation work but as of today, the company has evolved into a complete design/build construction services

firm. Bob focused on a commitment to quality which helped to develop the long-standing business relationship still held today. Bob's son Bobby, who purchased Vernon Ford's remaining 50% in 1980, is now at the helm as he continues the legacy of valuing customers and employees. Bobby described his dad as a generous, kind and honest man, who raised four children – 3 girls and 1 boy. According to Bobby, his dad took a big risk purchasing ownership of the company and was often heard describing the commercial construction industry as “things are never as good as it seems and never as bad as it seems.” Bobby is now proud to share that his two sons are working at the company as well.

14 Fall 2016

ACI-YP It has been a year of fun and growth for our young professionals and it isn't stopping any time soon. ACI-YP welcomed Steve Eder, VP Cincinnati Regional Leader of Messer Construction, as the 2nd Lessons Learned CEO, had a sold out tour of Music Hall hosted by Messer Construction and raised nearly $2,500 for the YP Scholarship by selling beer at Oktoberfest Zinzinnati & Tailgating at the October 1st UC football

game. The end of the year should be just as exciting as we gear up to hear from Liza Smitherman, President of Brewster Pumping and VP of Professional Development at Jostin Construction, at the next Lessons Learned and for the Annual Ugly Sweater networking event. Feel free to join the fun and bring your company's young professionals!

Jen Fischer is the Corporate Accounting Assistant at TriVersity. She acts as the accounts payable manager, fleet manager and helps manage tasks within payroll, compliance and other areas. One of her favorite things about working for TriVersity is their commitment to the community and she is proud to have recently had opportunities to

volunteer or support Big Brothers Big Sisters, ArtsWave, Children's Hospital Walks for Kids, Rosie's Girls, MORTAR and Junior Achievement.

Jen grew up in Toledo, Ohio with her mother, father and younger sister. After graduating from Perrysburg High School in 2007, she went on to study at The Ohio State University, earning a degree in Spanish with a focus on Latin American Studies. Instead of jumping into a full-time job, Jen moved to Spain for a year; teaching English to both children and adults, traveling, building her cultural knowledge and fine tuning her communication skills. Jen currently lives in Deer Park with her husband Charlie and their two (adorable) dogs, Murdock and Annie. In her free time she enjoys traveling, kayaking, playing volleyball and the occasional Netflix binge.

ACI-YP Member Spotlight

Cody Rack was born on the west side of Cincinnat i . He i s a fourth generation Vice President for the J & D Rack Company. He works with four of his uncles, his father Gary, and brother, Kevin, for the family business. Cody began work at the age of seven. His starting wage was $2.00 per

hour. He started as a laborer/assistant of all trades,doing anything he could do to help and spend time with his dad. He learned to operate heavy machinery by the age of 12. He moved away shortly after to Casper, Wyoming with his mother and he lived there until after he received his bachelor's degree in business.

After college, Cody moved back to Cincinnati for more opportunities and to work with his family. Construction is something he always believed was in his blood. He began as a laborer and spent late nights and long hours for little pay trying to learn every aspect of numerous trades. His grandfather used to tell him, “the best restaurant owners started as bus boys.” Much of his advice is still what Cody uses today. Cody still lives on the west side of town with his wife and 3 kids. They strive every day to better his family and he looks forward to the day when he can experience some of the same opportunities with his children.

15Fall 2016

Recent events in Indiana have shined a spotlight on the differences in sales and use tax law in Ohio, Kentucky, and Indiana. Contractors with job sites in each state can simplify the process of paying the correct amount of sales and use tax to each state by asking themselves the right questions about their transactions. The trick is knowing which questions to ask.

Background: Case decided in Indiana

A large home improvement retailer was involved in litigation over the interpretation of Indiana law by the Department of Revenue regarding the amount of sales tax owed to the state when their products were installed by employees and/or subcontractors of the store. The retailer ultimately won that case, but the state legislature has c h a n g e d I n d i a n a l a w t o retroactively put in place the D e p a r t m e n t o f Re v e n u e ' s interpretation of the law. Word is that the retroactive law is only intended to prevent refund claims as a result of the case and will not be used punitively to assess tax against those that were following the same interpretation as the retailer, so no need to lose any sleep about that. However, taxpayers are now on notice that they need to implement processes to follow the state's interpretation. Lowe's Home Centers, LLC v. Indiana Department of Revenue, 23 N.E.3d 52 (2014).

Indiana – How am I billing my customer?

The new law and related guidance from the Indiana Department of Revenue, still in draft form, attempts to define “construction material,” “contractor,” and “time and material contract” more clearly. At its simplest, Indiana sees the sale of construction material and the installation of it as two separate transactions when the customer is billed on a Time and Material (T&M) basis. The construction material is sold prior to its installation so sales tax is due on the full price charged to the customer for the material. No tax is due on the installation labor.

However, when contractors bill their customers in a lump sum for construction material and its installation, there is no need to charge the customer sales tax even if the

exact same items are installed. The lump sum contract is deemed to involve only one transaction which is the sale of a real property improvement service. Therefore, the construction contractor pays tax on its cost of the construction material at the time of purchase, or if purchased without tax, at the time of use.

Kentucky – Is what I do deemed “construction” in KY?

Kentucky takes the simplest approach of the three states. As long as the contractor is engaged in a building trade (such as carpentry, bricklaying, wall-to-wall carpeting, cement work, steel work, plastering, sheet metal work, roofing, tile and terrazzo work, cabinet work, electrical work, plumbing, central heating and air conditioning,

painting, interior decorating, storm windows, etc.) the method of billing does not matter. The contractor is deemed to be doing “construction” and pays tax at the time of purchase on the cost of building materials. No tax needs to be charged on customer invoices.

Ohio – How will what I am installing be used by the customer?

Customers in Ohio need to assist contractors in determining if sales tax should be charged. The use of the item installed needs to be communicated to the contractor in order for the correct tax to be charged to the customer. The contractor cannot simply look to what they are selling to determine the correct tax to be paid to the state.

Ohio draws a line between items that are for the benefit of the business (for example, HVAC for a data center = tangible personal property) and items that are installed for the benefit of a building (for example, HVAC for the comfort of building occupants = real property). Contractors installing items for the benefit of the business are installing “business fixtures” and sales tax should be charged to the customer on the total price paid for the business fixture including material, installation labor, delivery, etc. Contractors installing items for the benefit of a building or other real property pay tax on their cost of the construction material at the time of purchase, or if purchased without tax, at the time of use. No tax should be charged to the customer. Customers and contractors are encouraged to reach an agreement and document if a business fixture or real property is being installed.

Location, Location, Location – Why it Matters to Contractors for Sales and Use Tax Purposes

Robin G. Teeters, CPAVonLehman & Company, Inc

Member Article

14 Fall 2016

ACI-YP It has been a year of fun and growth for our young professionals and it isn't stopping any time soon. ACI-YP welcomed Steve Eder, VP Cincinnati Regional Leader of Messer Construction, as the 2nd Lessons Learned CEO, had a sold out tour of Music Hall hosted by Messer Construction and raised nearly $2,500 for the YP Scholarship by selling beer at Oktoberfest Zinzinnati & Tailgating at the October 1st UC football

game. The end of the year should be just as exciting as we gear up to hear from Liza Smitherman, President of Brewster Pumping and VP of Professional Development at Jostin Construction, at the next Lessons Learned and for the Annual Ugly Sweater networking event. Feel free to join the fun and bring your company's young professionals!

Jen Fischer is the Corporate Accounting Assistant at TriVersity. She acts as the accounts payable manager, fleet manager and helps manage tasks within payroll, compliance and other areas. One of her favorite things about working for TriVersity is their commitment to the community and she is proud to have recently had opportunities to

volunteer or support Big Brothers Big Sisters, ArtsWave, Children's Hospital Walks for Kids, Rosie's Girls, MORTAR and Junior Achievement.

Jen grew up in Toledo, Ohio with her mother, father and younger sister. After graduating from Perrysburg High School in 2007, she went on to study at The Ohio State University, earning a degree in Spanish with a focus on Latin American Studies. Instead of jumping into a full-time job, Jen moved to Spain for a year; teaching English to both children and adults, traveling, building her cultural knowledge and fine tuning her communication skills. Jen currently lives in Deer Park with her husband Charlie and their two (adorable) dogs, Murdock and Annie. In her free time she enjoys traveling, kayaking, playing volleyball and the occasional Netflix binge.

ACI-YP Member Spotlight

Cody Rack was born on the west side of Cincinnat i . He i s a fourth generation Vice President for the J & D Rack Company. He works with four of his uncles, his father Gary, and brother, Kevin, for the family business. Cody began work at the age of seven. His starting wage was $2.00 per

hour. He started as a laborer/assistant of all trades,doing anything he could do to help and spend time with his dad. He learned to operate heavy machinery by the age of 12. He moved away shortly after to Casper, Wyoming with his mother and he lived there until after he received his bachelor's degree in business.

After college, Cody moved back to Cincinnati for more opportunities and to work with his family. Construction is something he always believed was in his blood. He began as a laborer and spent late nights and long hours for little pay trying to learn every aspect of numerous trades. His grandfather used to tell him, “the best restaurant owners started as bus boys.” Much of his advice is still what Cody uses today. Cody still lives on the west side of town with his wife and 3 kids. They strive every day to better his family and he looks forward to the day when he can experience some of the same opportunities with his children.

15Fall 2016

Recent events in Indiana have shined a spotlight on the differences in sales and use tax law in Ohio, Kentucky, and Indiana. Contractors with job sites in each state can simplify the process of paying the correct amount of sales and use tax to each state by asking themselves the right questions about their transactions. The trick is knowing which questions to ask.

Background: Case decided in Indiana

A large home improvement retailer was involved in litigation over the interpretation of Indiana law by the Department of Revenue regarding the amount of sales tax owed to the state when their products were installed by employees and/or subcontractors of the store. The retailer ultimately won that case, but the state legislature has c h a n g e d I n d i a n a l a w t o retroactively put in place the D e p a r t m e n t o f Re v e n u e ' s interpretation of the law. Word is that the retroactive law is only intended to prevent refund claims as a result of the case and will not be used punitively to assess tax against those that were following the same interpretation as the retailer, so no need to lose any sleep about that. However, taxpayers are now on notice that they need to implement processes to follow the state's interpretation. Lowe's Home Centers, LLC v. Indiana Department of Revenue, 23 N.E.3d 52 (2014).

Indiana – How am I billing my customer?

The new law and related guidance from the Indiana Department of Revenue, still in draft form, attempts to define “construction material,” “contractor,” and “time and material contract” more clearly. At its simplest, Indiana sees the sale of construction material and the installation of it as two separate transactions when the customer is billed on a Time and Material (T&M) basis. The construction material is sold prior to its installation so sales tax is due on the full price charged to the customer for the material. No tax is due on the installation labor.

However, when contractors bill their customers in a lump sum for construction material and its installation, there is no need to charge the customer sales tax even if the

exact same items are installed. The lump sum contract is deemed to involve only one transaction which is the sale of a real property improvement service. Therefore, the construction contractor pays tax on its cost of the construction material at the time of purchase, or if purchased without tax, at the time of use.

Kentucky – Is what I do deemed “construction” in KY?

Kentucky takes the simplest approach of the three states. As long as the contractor is engaged in a building trade (such as carpentry, bricklaying, wall-to-wall carpeting, cement work, steel work, plastering, sheet metal work, roofing, tile and terrazzo work, cabinet work, electrical work, plumbing, central heating and air conditioning,

painting, interior decorating, storm windows, etc.) the method of billing does not matter. The contractor is deemed to be doing “construction” and pays tax at the time of purchase on the cost of building materials. No tax needs to be charged on customer invoices.

Ohio – How will what I am installing be used by the customer?

Customers in Ohio need to assist contractors in determining if sales tax should be charged. The use of the item installed needs to be communicated to the contractor in order for the correct tax to be charged to the customer. The contractor cannot simply look to what they are selling to determine the correct tax to be paid to the state.

Ohio draws a line between items that are for the benefit of the business (for example, HVAC for a data center = tangible personal property) and items that are installed for the benefit of a building (for example, HVAC for the comfort of building occupants = real property). Contractors installing items for the benefit of the business are installing “business fixtures” and sales tax should be charged to the customer on the total price paid for the business fixture including material, installation labor, delivery, etc. Contractors installing items for the benefit of a building or other real property pay tax on their cost of the construction material at the time of purchase, or if purchased without tax, at the time of use. No tax should be charged to the customer. Customers and contractors are encouraged to reach an agreement and document if a business fixture or real property is being installed.

Location, Location, Location – Why it Matters to Contractors for Sales and Use Tax Purposes

Robin G. Teeters, CPAVonLehman & Company, Inc

Member Article

16 Fall 2016

Upcoming Events

Contractor Executive ExchangeChanging the Way Contractors Source New Solutions and Build Relationships with VendorsDecember 4, 2016 - December 6, 2016, Boca Raton, FL

Construction Project Manager CourseDecember 4, 2016 - December 9, 2016, Dallas, Texas

WebEd: HP Innovations for Construction: Supporting Critical Workflow for BIM and Information MobilityNovember 29, 2016 - 2:00pm to 3:00pm

WebEd: The Rise of Modular Construction: Emerging Commercial & Legal IssuesNovember 30, 2016 - 2:00pm to 3:00pm

Contractor Executive ExchangeChanging the Way Contractors Source New Solutions and Build Relationships with VendorsDecember 4, 2016 - December 6, 2016Charleston, South Carolina

WebEd: Cybersecurity Webinar SeriesNovember 10, 2016 to Friday, December 9, 2016

AGC's Safety & Health Conference January 25, 2017 - Friday, January 27, 2017, Fort Lauderdale, Florida

2017 Conference on Surety Bonding and Construction Risk Management January 30, 2017 - February 1, 2017, Naples, Florida

Construction Project Manager Course January 29, 2017 - February 3, 2017, Atlanta, Georgia

AGC's 98th Annual Convention March 7, 2017 - March 9, 2017, LasVegas, Nevada

2017 AGC of Ohio ConventionMarch 19, 2017, Scottsdale, Arizona

17Fall 2016

16 Fall 2016

Upcoming Events

Contractor Executive ExchangeChanging the Way Contractors Source New Solutions and Build Relationships with VendorsDecember 4, 2016 - December 6, 2016, Boca Raton, FL

Construction Project Manager CourseDecember 4, 2016 - December 9, 2016, Dallas, Texas

WebEd: HP Innovations for Construction: Supporting Critical Workflow for BIM and Information MobilityNovember 29, 2016 - 2:00pm to 3:00pm

WebEd: The Rise of Modular Construction: Emerging Commercial & Legal IssuesNovember 30, 2016 - 2:00pm to 3:00pm

Contractor Executive ExchangeChanging the Way Contractors Source New Solutions and Build Relationships with VendorsDecember 4, 2016 - December 6, 2016Charleston, South Carolina

WebEd: Cybersecurity Webinar SeriesNovember 10, 2016 to Friday, December 9, 2016

AGC's Safety & Health Conference January 25, 2017 - Friday, January 27, 2017, Fort Lauderdale, Florida

2017 Conference on Surety Bonding and Construction Risk Management January 30, 2017 - February 1, 2017, Naples, Florida

Construction Project Manager Course January 29, 2017 - February 3, 2017, Atlanta, Georgia

AGC's 98th Annual Convention March 7, 2017 - March 9, 2017, LasVegas, Nevada

2017 AGC of Ohio ConventionMarch 19, 2017, Scottsdale, Arizona

17Fall 2016

18 Fall 2016 19Fall 2016

Congratulations To The Build Ohio Nominees

R.J. Beischel Building Co.St. Xavier Church - Undercroft Renovation & New Entrances

Dugan & Meyers Construction Co.Kenwood Country Club Centennial Project continued on next page

Donley's, Inc.Garfield Memorial Restoration

Renovation Under $10 Million

18 Fall 2016 19Fall 2016

Congratulations To The Build Ohio Nominees

R.J. Beischel Building Co.St. Xavier Church - Undercroft Renovation & New Entrances

Dugan & Meyers Construction Co.Kenwood Country Club Centennial Project continued on next page

Donley's, Inc.Garfield Memorial Restoration

Renovation Under $10 Million

20 Fall 2016

Industrial Power Systems, Inc.Bowling Green State University CCP2

The Lathrop CompanyHensville and Event Park

OCP ContractorsHilton Cleveland Downton

OCP ContractorsPromedica Health and Wellness Center

Specialty

Industrial/Heavy

Rudolph Libbe Inc.Davis-Besse Nuclear Power Plant Emergency Feedwater Building

E.S. Wagner CompanySR-2 High Level Bridge

New Construction Under $10 Million

Brexton, LLC.Tri-Village Self Storage Downtown Columbus Ohio

Panzica ConstructionRosebrough Tiger Passage at Cleveland Metroparks Zoo

The Spieker Co.Toledo-Lucas County Public Library New King Road Branch Library

New Construction $10-30 Million

Donley's, Inc.Hilton Convention Center & Hotel

Panzica/Gilbane JVPerkins Wildlife Center

C.T. Taylor ConstructionCoventry High School

Renovation Over $10 Million

Congratulations To The Build Ohio Nominees- continued

21Fall 2016

The Spirit of Construction Middle School Outreach effort has multiple programs underway this school year. In support of the Daniel Beard Council of the Boys Scouts of America, the program was able to give the Boy Scouts the opportunity to try welding at the Peterloon jamboree. 550 of the 4726 scouts that attended the jamboree were able to participate in the welding. Volunteer Tony Aponte

from cHc Fabricating helped the scouts weld a metal eagle, the Scouting emblem. At Woodward Career and Technical High School, Construction Advocate Anne Mitchell and her assistant Lydia Cook are working with ninth graders who were selected to participate in a project funded, in part, by the Rotary Foundation of Cincinnati. The 13 young men are building garden benches and learning to apply math skills to carpentry. In Covington, 15 students in the after school program at Holmes Middle School are participating in Construction Club. They got to operate a mini-excavator with volunteers from Loveland Excavating and Paving, pour concrete with Andy Kitchens from OPCMIA Local 132, and build wooden frames with Michelle Stallings from the Carpenters JATC. Next, they'll wire panels with an outlet, a switch, and a lamp with volunteers from Parks OV Electric LLC.

The program, now in its eighth year, has engaged thousands of students in construction work thanks to the support of the Spirit of Construction Foundation, ACI member companies, and volunteers.

Engaging Middle Schoolers in Construction

Anne Mitchell Spirit of Construction Middle School Advocate

New Construction Over $30 Million

Donley's, Inc.Cleveland Public Square Redevelopment

Gilbane Building Co.Marathon Petroleum Corporation, Findlay Office Complex

Shook/Touchstone JVNorthmont High School

Turner Construction Co.Hilton Cleveland Downtown

20 Fall 2016

Industrial Power Systems, Inc.Bowling Green State University CCP2

The Lathrop CompanyHensville and Event Park

OCP ContractorsHilton Cleveland Downton

OCP ContractorsPromedica Health and Wellness Center

Specialty

Industrial/Heavy

Rudolph Libbe Inc.Davis-Besse Nuclear Power Plant Emergency Feedwater Building

E.S. Wagner CompanySR-2 High Level Bridge

New Construction Under $10 Million

Brexton, LLC.Tri-Village Self Storage Downtown Columbus Ohio

Panzica ConstructionRosebrough Tiger Passage at Cleveland Metroparks Zoo

The Spieker Co.Toledo-Lucas County Public Library New King Road Branch Library

New Construction $10-30 Million

Donley's, Inc.Hilton Convention Center & Hotel

Panzica/Gilbane JVPerkins Wildlife Center

C.T. Taylor ConstructionCoventry High School

Renovation Over $10 Million

Congratulations To The Build Ohio Nominees- continued

21Fall 2016

The Spirit of Construction Middle School Outreach effort has multiple programs underway this school year. In support of the Daniel Beard Council of the Boys Scouts of America, the program was able to give the Boy Scouts the opportunity to try welding at the Peterloon jamboree. 550 of the 4726 scouts that attended the jamboree were able to participate in the welding. Volunteer Tony Aponte

from cHc Fabricating helped the scouts weld a metal eagle, the Scouting emblem. At Woodward Career and Technical High School, Construction Advocate Anne Mitchell and her assistant Lydia Cook are working with ninth graders who were selected to participate in a project funded, in part, by the Rotary Foundation of Cincinnati. The 13 young men are building garden benches and learning to apply math skills to carpentry. In Covington, 15 students in the after school program at Holmes Middle School are participating in Construction Club. They got to operate a mini-excavator with volunteers from Loveland Excavating and Paving, pour concrete with Andy Kitchens from OPCMIA Local 132, and build wooden frames with Michelle Stallings from the Carpenters JATC. Next, they'll wire panels with an outlet, a switch, and a lamp with volunteers from Parks OV Electric LLC.

The program, now in its eighth year, has engaged thousands of students in construction work thanks to the support of the Spirit of Construction Foundation, ACI member companies, and volunteers.

Engaging Middle Schoolers in Construction

Anne Mitchell Spirit of Construction Middle School Advocate

New Construction Over $30 Million

Donley's, Inc.Cleveland Public Square Redevelopment

Gilbane Building Co.Marathon Petroleum Corporation, Findlay Office Complex

Shook/Touchstone JVNorthmont High School

Turner Construction Co.Hilton Cleveland Downtown

22 Fall 2016

The 4th Annual ACI Clay Shoot 2016 brought a lot of changes to ACI's annual events and our newest event was no exception. First we moved locations to Sycamore Sportsmen's Club in Loveland then we changed the format from skeet, trap and 5-stand to an 18 station clay shoot. With a record attendance of 79 shooters, this year's event was a huge success. We would like to congratulate Dwight Fetzer, Civil Solutions for winning the High Score Individual Shooter, the Civil Solutions team for winning the High Score Team and Don Huss, OADC for winning the High Score New Shooter. Congratulations to Rick Schmithorst for winning the Beretta A300 Outlander shotgun from the raffle. A great big thank you to our Lunch Sponsor, Messer Construction and the Shotgun Raffle Sponsor, Civil Solutions. ACI would also like to thank Tim Hughey, JR Hughey, Steve Eder and Dwight Fetzer for championing this event to make it a bigger and more enjoyable experience for everyone. We can't wait until next year!

Rick Schmithorst won the Beretta A300 Outlander in the raffle

23Fall 2016

22 Fall 2016

The 4th Annual ACI Clay Shoot 2016 brought a lot of changes to ACI's annual events and our newest event was no exception. First we moved locations to Sycamore Sportsmen's Club in Loveland then we changed the format from skeet, trap and 5-stand to an 18 station clay shoot. With a record attendance of 79 shooters, this year's event was a huge success. We would like to congratulate Dwight Fetzer, Civil Solutions for winning the High Score Individual Shooter, the Civil Solutions team for winning the High Score Team and Don Huss, OADC for winning the High Score New Shooter. Congratulations to Rick Schmithorst for winning the Beretta A300 Outlander shotgun from the raffle. A great big thank you to our Lunch Sponsor, Messer Construction and the Shotgun Raffle Sponsor, Civil Solutions. ACI would also like to thank Tim Hughey, JR Hughey, Steve Eder and Dwight Fetzer for championing this event to make it a bigger and more enjoyable experience for everyone. We can't wait until next year!

Rick Schmithorst won the Beretta A300 Outlander in the raffle

23Fall 2016

The Occupational Safety and Health Administration (“OSHA”) has issued a final rule to curb lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease in the construction industry by limiting exposure to respirable crystalline silica. OSHA estimates that the rule will save over 600 lives and prevent more than 900 new cases of silicosis each year, once its effects are fully

realized. According to OSHA, the final rule will improve worker protection by:

! R e d u c i n g t h e permissible exposure limit for crystalline silica to 50 micrograms per cubic meter of air, averaged over an eight-hour shift.

! Requiring employers to use engineer ing controls (such as water or ventilation) and work practices to limit worker exposure; provide respiratory protection when controls are not able to limit exposures to the permissible level; limit access to high exposure areas; train workers; and provide medical exams to highly exposed workers.

! Providing greater certainty and ease of compliance to construction employers, including many small employers, by including a table of specified controls they can follow to be in compliance, without having to monitor exposures.

! Staggering compliance dates to ensure employers have sufficient time to meet the requirements, e.g., extra time for the hydraulic fracturing (fracking) industry to install new engineering controls and for all general industry employers to offer medical surveillance to employees exposed between the PEL and 50 micrograms per cubic meter and the action level of 25 micrograms per cubic meter.

All construction employers covered by the standard are required to:

! Establish and implement a written exposure control plan that identifies tasks that involve exposure and methods used to protect workers, including procedures to restrict access to work areas where high exposures may occur.

! Designate a competent person to implement the written exposure control plan.

! Restrict housekeeping practices that expose workers to silica where feasible alternatives are available.

! Offer medical exams, including chest X-rays and lung function tests, every three years for workers who are required by the s t a n d a r d t o w e a r a respirator for 30 or more days per year.

! Train workers on work operations that result in silica exposure and ways to limit exposure.

! Keep records of workers' silica exposure and medical exams.

Construction employers must comply with all requirements of the standard by June 23, 2017, except requirements for laboratory evaluation of exposure samples, which begin on June 23, 2018.

Andrew L. Smith is a Partner in the Cincinnati, Ohio office of Smith, Rolfes & Skavdahl Company, LPA who concentrates his practice in the areas of construction law, insurance defense, and bad faith litigation defense. He is the creator of the AGC of Ohio construction law blog, Between the Law and a Hard Hart, and the co-host of BearcatsSportsRadio.com.

24 Fall 2016

The New OSHA Silica Rule

Andrew L. Smith , Esq.Smith, Rolfes & Skavdahl Company, LPA

Member Article

25

Fall 2016

The Occupational Safety and Health Administration (“OSHA”) has issued a final rule to curb lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease in the construction industry by limiting exposure to respirable crystalline silica. OSHA estimates that the rule will save over 600 lives and prevent more than 900 new cases of silicosis each year, once its effects are fully

realized. According to OSHA, the final rule will improve worker protection by:

! R e d u c i n g t h e permissible exposure limit for crystalline silica to 50 micrograms per cubic meter of air, averaged over an eight-hour shift.

! Requiring employers to use engineer ing controls (such as water or ventilation) and work practices to limit worker exposure; provide respiratory protection when controls are not able to limit exposures to the permissible level; limit access to high exposure areas; train workers; and provide medical exams to highly exposed workers.

! Providing greater certainty and ease of compliance to construction employers, including many small employers, by including a table of specified controls they can follow to be in compliance, without having to monitor exposures.

! Staggering compliance dates to ensure employers have sufficient time to meet the requirements, e.g., extra time for the hydraulic fracturing (fracking) industry to install new engineering controls and for all general industry employers to offer medical surveillance to employees exposed between the PEL and 50 micrograms per cubic meter and the action level of 25 micrograms per cubic meter.

All construction employers covered by the standard are required to:

! Establish and implement a written exposure control plan that identifies tasks that involve exposure and methods used to protect workers, including procedures to restrict access to work areas where high exposures may occur.

! Designate a competent person to implement the written exposure control plan.

! Restrict housekeeping practices that expose workers to silica where feasible alternatives are available.

! Offer medical exams, including chest X-rays and lung function tests, every three years for workers who are required by the s t a n d a r d t o w e a r a respirator for 30 or more days per year.

! Train workers on work operations that result in silica exposure and ways to limit exposure.

! Keep records of workers' silica exposure and medical exams.

Construction employers must comply with all requirements of the standard by June 23, 2017, except requirements for laboratory evaluation of exposure samples, which begin on June 23, 2018.

Andrew L. Smith is a Partner in the Cincinnati, Ohio office of Smith, Rolfes & Skavdahl Company, LPA who concentrates his practice in the areas of construction law, insurance defense, and bad faith litigation defense. He is the creator of the AGC of Ohio construction law blog, Between the Law and a Hard Hart, and the co-host of BearcatsSportsRadio.com.

24 Fall 2016

The New OSHA Silica Rule

Andrew L. Smith , Esq.Smith, Rolfes & Skavdahl Company, LPA

Member Article

25

Fall 2016

26 Fall 2016

ACI’s 3rd Annual Leadership Awards LuncheonThursday, October 27, Allied Construction Industries held the 3rd Annual Leadership Awards Luncheon at Cooper Creek Event Center. 200 members attended to honor ACI's members who have dedicated their time and offered their expertise to ACI and the construction industry as a whole. Richard T. La Juenesse, Partner at Graydon Head law firm, emceed the event. Richard ensured everyone in attendance had a magical afternoon. 40 member companies celebrating 10, 15, 25, 50, and 75 year anniversaries were honored, along with 12 individual members.

Longevity AwardeesPeck - Hannaford & Briggs Co.

Modern Day Concrete

Mueller Roofing Distributors

Schueler Group/Bunnell Hill Construction

Browne E&C

Central Insulation Systems

CORE Resources

Cors & Bassett

D.A.G. Construction

Denier Electric Co.

Ginter Electrical Contractors

Hinson Roofing & Sheet Metal

Liberty Mutual Surety

Molloy Roofing Company

Northside Bank & Trust Company

RJM Consulting

Thompson Hine

THP Limited

Westfield Insurance

Wiseway Supply

Brass Eagle, Inc

Bricker & Eckler

CE Power Solutions

Complete Mechanical Services

ComputerEase Construction Software

Coppage Construction Company

DG Frondorf & Associates

Enterprise Fleet Management

The Geiler Co.

Jacob Masonry Contractors

Lithko Restoration Technologies

M.J. Adams Electrical Contractors

Maxim Crane Works

Northern KY Emergency Medical Services (NKEMS)

TriHealth Corporate Health

Tri-State Concrete Sawing

Ulmer & Berne

Viking Supply

Welsh Excavation Company

Winelco Inc. Environmental Contractors

27Fall 2016

26 Fall 2016

ACI’s 3rd Annual Leadership Awards LuncheonThursday, October 27, Allied Construction Industries held the 3rd Annual Leadership Awards Luncheon at Cooper Creek Event Center. 200 members attended to honor ACI's members who have dedicated their time and offered their expertise to ACI and the construction industry as a whole. Richard T. La Juenesse, Partner at Graydon Head law firm, emceed the event. Richard ensured everyone in attendance had a magical afternoon. 40 member companies celebrating 10, 15, 25, 50, and 75 year anniversaries were honored, along with 12 individual members.

Longevity AwardeesPeck - Hannaford & Briggs Co.

Modern Day Concrete

Mueller Roofing Distributors

Schueler Group/Bunnell Hill Construction

Browne E&C

Central Insulation Systems

CORE Resources

Cors & Bassett

D.A.G. Construction

Denier Electric Co.

Ginter Electrical Contractors

Hinson Roofing & Sheet Metal

Liberty Mutual Surety

Molloy Roofing Company

Northside Bank & Trust Company

RJM Consulting

Thompson Hine

THP Limited

Westfield Insurance

Wiseway Supply

Brass Eagle, Inc

Bricker & Eckler

CE Power Solutions

Complete Mechanical Services

ComputerEase Construction Software

Coppage Construction Company

DG Frondorf & Associates

Enterprise Fleet Management

The Geiler Co.

Jacob Masonry Contractors

Lithko Restoration Technologies

M.J. Adams Electrical Contractors

Maxim Crane Works

Northern KY Emergency Medical Services (NKEMS)

TriHealth Corporate Health

Tri-State Concrete Sawing

Ulmer & Berne

Viking Supply

Welsh Excavation Company

Winelco Inc. Environmental Contractors

27Fall 2016

28 Fall 2016 29Fall 2016

1

28 Fall 2016 29Fall 2016

1

30 Fall 2016

3-HAB, Inc. 4

ARC Document Solutions Inside Back Cover

Benjamin, Yocum & Heather, LLC 29

Blue Book, The 29

Janell Concrete & Masonry Equipment, Inc. Inside Front Cover

JC Equipment Sales & Leasing, Inc. 30

LaForce, Inc. 30

Loveland Excavating & Paving, Inc. 25

OnDemand Container 23

PFI, Inc Back Cover

Robbins, Kelly, Patterson & Tucker 13

Scherzinger Drilling 25

ADVERTISER INDEX

!2

3D-MC Machine Control Specialists

! 3D Layout Solutions! Authorized Service Center! Construction Lasers! Sewer Lasers! Surveying Supplies! Sales, Service & Rental

JC EQUIPMENT

JC EQUIPMENT SALES & LEASING, INC.2300 East Kemper Road, Suite 11A, Cincinnati, OH 45241

1-877-LAZRMAN Fax: 513-772-7618

Only TOPCON offers an affordable One Man Solution to Jobsite Layout

Machine Control Lasers 3D GPS

Introducing

3D Layout Navigator- One Man, One Button Layout Solution

5 yr. warranty on all lasers

513-772-7612

30 Fall 2016

3-HAB, Inc. 4

ARC Document Solutions Inside Back Cover

Benjamin, Yocum & Heather, LLC 29

Blue Book, The 29

Janell Concrete & Masonry Equipment, Inc. Inside Front Cover

JC Equipment Sales & Leasing, Inc. 30

LaForce, Inc. 30

Loveland Excavating & Paving, Inc. 25

OnDemand Container 23

PFI, Inc Back Cover

Robbins, Kelly, Patterson & Tucker 13

Scherzinger Drilling 25

ADVERTISER INDEX

!2

3D-MC Machine Control Specialists

! 3D Layout Solutions! Authorized Service Center! Construction Lasers! Sewer Lasers! Surveying Supplies! Sales, Service & Rental

JC EQUIPMENT

JC EQUIPMENT SALES & LEASING, INC.2300 East Kemper Road, Suite 11A, Cincinnati, OH 45241

1-877-LAZRMAN Fax: 513-772-7618

Only TOPCON offers an affordable One Man Solution to Jobsite Layout

Machine Control Lasers 3D GPS

Introducing

3D Layout Navigator- One Man, One Button Layout Solution

5 yr. warranty on all lasers

513-772-7612

PFI Inc.11257 Williamson RoadCincinnati, Ohio 45241

PFI Inc.11257 Williamson Road

PH: 513-489-6710Cincinnati, Ohio 45241

PH: 513-489-6710Fax: 513-489-7237

INC.