may/june 2014 tb

May-June 2014 TransportationBuilder 1

builder® May-June 2014

ANNUAL SAFETY ISSUE

MAYJUNE 2014VOL. 26, NO. 3contents

The official publication of the American Road & Transportation Builders Association

www.transportationbuilder.org

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ON THE COVERAnnual Safety Issue:

Safety & The Bottom Line

Suddenly, Everything Changed

2014 Highway Worker Memorial Scholarship Recipients

Meet ARTBA’s Safety Team

A Comprehensive Suite of ARTBA Safety Products Designed to Serve You

Taking Steps to Ensure Safe Backing Operations

Obama Administration Proposes New Safety Regulations

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26

FEATURES

COLUMNSChairman’s Message

July 16 ARTBA National Workshop for State & Local Transportation Advocates

P3 Project Moving Colorado Forward

President’s Desk

“Water” They Thinking? EPA’s Misguided Views on Federal Jurisdiction

AEM Corner

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May-June 20144 TransportationBuilder

StaffPUBLISHERT. Peter [email protected]

DEPUTY PUBLISHER Matt [email protected]

EDITORIAL DIRECTOR Beth [email protected]

PUBLICATIONS EDITOR & GRAPHIC DESIGNERJenny [email protected]

CONTRIBUTING WRITERS

Beth McGinnARTBA director of public affairs

Dale BonnerPlenary Group USA executive chairman

Lee ColeOldcastle Materials vice president of environmental, health and safety

Robinson VasquezARTBA international business and training manager

Kashae WilliamsARTBA scholarship & awards program manager

Úna ConnollyARTBA vice president of safety and environmental compliance

Bradley Sant

ARTBA senior vice president of safety & education

Nick Goldstein

ARTBA vice president of environmental & regulatory affairs

Transportation Builder® (TB) is the official publication of the American Road & Transportation Builders Association, a federation whose primary goal is to aggressively grow and protect transportation infrastructure investment to meet the public and business demand for safe and efficient travel. In support of this mission, ARTBA also provides programs and services designed to give its members a global competitive edge. As the only national publication specifically geared toward transportation development professionals, TB represents the primary source of business, legislative and regulatory news critical to the success and future of the transportation construction industry.

Transportation Builder® (ISSN 1043-4054) is published bi-monthly by the American Road & Transportation Builders Association (ARTBA). Postmaster: Send change of address to Transportation Builder®, c/o ARTBA, The ARTBA Building, 1219 28th Street, N.W., Washington, D.C. 20007. Telephone: 202-289-4434, Fax: 202-289-4435, Internet: www.artba.org; E-mail: [email protected]. Periodicals postage paid at Washing-ton, D.C., and additional mailing offices. Subscriptions are $105/year for ARTBA members, which is included in the dues; $120/year for non-members; and $200/year non-U.S. mailing addresses. Copyright ©2014 ARTBA. All rights reserved. Material may not be repro-duced in any form without written permission from the publisher. Reg. U.S. Patent & Trademark Office.

Visit us: www.transportationbuilder.org

builder®

Executive CommitteeChairman: Doug Black John Deere Landscapes, Atlanta, Ga.

Senior Vice Chairman: Nick IvanoffAmmann & Whitney, New York, N.Y.

First Vice Chairman: David S. ZachryZachry Construction Corporation, San Antonio, Texas

Northeastern Region Vice Chairman: John KulkaHRI, Inc., State College, Pa.

Southern Region Vice Chairman: Tom ElmoreEutaw Construction Company, Aberdeen, Miss.

Central Region Vice Chairman: Kathi HolstRoadway Construction & Maintenance Services,

Warrenville, Ill.

Western Region Vice Chairman: Steve McGoughHCSS, Sugar Land, Texas

Vice Chairman At-Large: Ward NyeMartin Marietta Materials, Inc., Raleigh, N.C.

Vice Chairman At-Large: Scott L. CasselsKiewit Infrastructure Group, Inc., Kiewit Corporation,

Omaha, Neb.

Vice Chairman At-Large: Melissa TooleyTexas Transportation Institute at Texas A&M University

College Station, Texas

Vice Chairman At-Large: Bob AlgerThe Lane Construction Corporation, Cheshire, Conn.

Vice Chairman At-Large: Mike DonninoGranite Construction Company, Lewisville, Texas

Treasurer: Tom HillSummit Materials, LLC, Denver, Colo.

Secretary: Pete RuaneARTBA, Washington, D.C.

ARTBA-TDF Board of Trustees Chairman: Leo Vecellio, Jr.Vecellio Group, Inc., West Palm Beach, Fla.

Contractors Division President: Pete GetchellPKF-Mark III, Inc., Newtown Pa.

Contractors Division First Vice President: Jeff ClydeW.W. Clyde & Co., Springville, Utah

Research & Education Division President: Dr. R. Clark GravesKentucky Transportation Center, Lexington, Ky.

AEM Representative: Ron DeFeoTEREX Corporation, Westport, Conn.

Materials & Services Division President: Mike FlowersAmerican Bridge Company, Corapolis, Pa.

Planning & Design Division President: Matthew CummingsAECOM, Philadelphia, Pa.

Public-Private Partnerships Division President: Thomas StonerH.W. Lochner, Inc., Tampa, Fla.

Transportation Safety Industry Division President: Sue ReissImpact Recovery Systems, San Antonio, Texas

Transportation Officials Division President: Eric SeibringPiatt County, Ill. Assn. of County Engineers, Monticello, Ill.

Council of State Executives: Pat GossWIsconsin Transportation Builders Association,

Madison, Wis.

Immediate Past ARTBA Chairman: Steve WrightWright Brothers Construction, Co, Inc., Charleston, Tenn.

Past Chairman’s Council Chairman: Jim MadaraGannett Fleming, Allentown, Pa.

Young Executive Leadership Council Chairman: Ponch FrankRanger Construction Industries, West Palm Beach, Fla.

Joint Committee Representative: Dave GehrParsons Brinckerhoff, Herndon, Va.


editor’s note

Jenny Ragone,

Publications

Editor & Graphic

Designer

Nearly 40,000 motorists and workers are killed or injured in roadway construction zones every year. That’s about the capacity of Wrigley Field in Chicago. Working in close proximity to heavy equipment and moving vehicles makes this one of the most hazardous jobs around.

ARTBA’s goal is to help reduce or eliminate hazards involved with transportation and related construction activities to ensure our jobsites and the network itself is safe for workers, motorists and pedestrians. That’s why, each year, we dedicate an issue of “Transportation Builder” to all things safety.

On page 16, we hear from Lee Cole of Oldcastle Materials. He shares the very personal story of three experienced employees—through no fault of their own—who were killed by vehicle intrusions into a work zone. This tragedy and others like it are being used to bring about change,

and even greater industry partnerships aimed at gathering and sharing “best practices” to help prevent future incidents.

Did you know that backing accidents account for about half of all fatalities involving construction equipment in roadway work zones? On page 32, learn about step-by-step safe backing methods—this is an article you will want to share with your firm’s employees.

And please take a moment to check out ARTBA’s full suite of safety products and training courses on pages 29-30. These tools are designed to help you foster a “culture of safety” within your own firm!

Please feel free to share your reactions to this issue’s articles: [email protected]. Stay safe this busy construction season!

GET CONNECTED

WITH ARTBA

Twitter: @artba

Facebook: American Road & Transportation Builders Association

LinkedIn: www.linkedin.com/company/artbawww.linkedin.com/group/transportation-

infrastructure-professionals

YouTube: www.youtube.com/ARTBAmedia

Google+: www.plus.google.com


from the chairman

Doug Black

CEO, John Deere Landscapes

2014 ARTBA Chairman

Safety is Priority #1

Just over a year ago, while I was at Oldcastle, two motorists intruded

into our work zones on two separate jobs and killed three of our employees. These employees were simply doing their jobs; they were terrific workers, husbands, fathers, and sons doing everything safely and correctly. Incidents like these are devastating and are a big reason why I pledged that safety would be a top priority as I took over as chairman of ARTBA.

In the pages of this issue—our annual “Safety Source”—you can learn a great deal about the comprehensive array of services, training and products that ARTBA has developed for the industry. All are reflective of our commitment to foster a “culture of safety.” We want to do our part to make roadways safer for all users, whether they are workers, motorists, cyclists or pedestrians.

Our industry expectation must be zero fatalities for everyone who uses the transportation network. Some may say this is a lofty goal. But, in matters of life and death, it should be nothing less! ARTBA was one of the first U.S. organizations to recognize the need for this expectation when we revised our “Transportation Safety Policy Statement” in 2005. Our policy asserts, “ARTBA’s safety goal is developing a transportation system that contains zero predictable crashes with severe consequences, beginning with the major networks and following with all other roadways . . .”

Safety policy and advocacy must begin with the premise that roadway users make frequent errors. Design, construction and operation of the transportation network should emanate from this premise, allowing for the development of a more “forgiving” roadway system. In short, our roadway system must anticipate user error and

be designed, constructed, equipped, and operated to forgive the errant user—and protect the workers who build and maintain it.

Please take a few minutes to carefully read this issue and take advantage of the opportunities provided by ARTBA to help make your work place a safer, healthier place for all those who work there or pass through it.


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T. Peter Ruane

President & CEO

ARTBA

ARTBA P3 Division President Tom Stoner of

H.W. Lochner (right) and Vice President Matt

Girard of Plenary Group (left) meet with House

P3 Panel Chairman Jimmy Duncan (R-Tenn.).

president’s desk

ARTBA’s 26th Annual P3 Conference Set July 16-18 in the Nation’s capital

We were the first to see the market potential… and others followed.

I’m talking about ARTBA’s annual Public-Private Partnerships (P3) in Transportation Conference. Now in its 26th year, this premier event in the P3 transportation policy space, featuring numerous presenters from Capitol Hill, federal and state transportation agencies, and the P3 sector itself, is returning to the Nation’s Capital July 16-18.

While we are justifiably proud of the P3 Conference, ARTBA’s P3 Division has a much more comprehensive program of work that extends beyond this annual event. The group has been engaged in unique activities throughout the past year. ARTBA, of course continues to advocate for long-term, reliable and increased federal transportation investment. In recent decades, P3s have emerged as an important way to supplement that core investment, in many cases enabling the construction of major projects that would otherwise not be built.

In an effort to continue growing the P3 market, our P3 Division leadership has developed a policy paper, highlighting three priorities for the next federal surface transportation reauthorization bill. The recommendations include continued growth in funding and efficiencies for the Transportation Infrastructure Finance and Innovation Act (TIFIA) program, lifting the cap on the use of Private Activity Bonds (PABs) for highway projects, and increasing flexibility for the states’ use of tolling.

During ARTBA’s Federal Issues Program in early June, our P3 Division leaders presented the paper to key members of Congress and staff in a series of meetings on Capitol Hill. A highlight was their visit with Rep. Jimmy Duncan (R-Tenn.), who is chairing the special House P3 Panel.

Working with P3 activists within our membership, ARTBA is also engaging at the state level. We recently wrote Colorado Gov. John Hickenlooper (D) urging him to veto a restrictive P3 bill. The governor did so, and acknowledged ARTBA as one of the groups whose views he had considered. We urged him to start a long-term effort to engage with P3 stakeholders on these issues, and in fact Gov. Hickenlooper announced his intention to establish a Colorado P3 “Center of Excellence” along these lines.

ARTBA has also taken to the courts to advocate for P3s. Last fall, ARTBA filed an amicus brief in a lawsuit which attempted to take down Virginia’s lauded P3 program. Fortunately, the Virginia Supreme Court reversed the trial court and upheld the commonwealth’s P3 statute unconditionally.

ARTBA continues to work with the Federal Highway Administration, numerous state DOT officials, the National Conference of State Legislatures and other entities on P3 policy activities. We now have a speakers bureau through which ARTBA P3 leaders are making presentations to interested audiences, including our state chapters.

You are invited to join this ongoing—and expanded—discussion on P3s, whether you have experience with them or are just curious as to what they are all about. If you are already an ARTBA member, then you and your company can join our P3 Division just for the asking.

A good place to start is our first-of-its-kind P3 Conference, coming this July. See page 9 of this issue and also visit www.artbap3.org for all the information. We hope to see you there!


26th Annual Public Private Partnerships in Transportation ConferenceJuly

WEDNESDAY, JULY 16

9:00 a.m. – 5:00 p.m. ARTBA National Workshop for State and Local Transportation Investment Advocates— Included with P3 Conference Registration

2:30 – 4:30 p.m. P3 Owners Meeting for State and Local DOT Officials—By Invitation Only—Hosted by Bryan Kendro, PennDOT, and Dusty Holcombe, VDOT

6:00 – 7:30 p.m. Capitol Hill Reception

7:30 – 9:30 p.m. Buffet Dinner for ARTBA P3 Division Board and Conference Sponsors—By Invitation Only

THURSDAY, JULY 17

7:00 – 8:00 a.m. ARTBA P3 Division Board of Directors Meeting

7:30 – 8:00 a.m. Continental Breakfast

8:00 – 8:15 a.m. Welcome Remarks from ARTBA Leaders 8:15 – 8:45 a.m. Opening Keynote Speaker

8:45 – 9:45 a.m. MAP-21 Implementation and Reauthorization—The View from Capitol Hill

9:45 – 10:45 a.m. Plenary: What Can Owners Standardize While Reinventing the Wheel?

10:45 – 11:00 a.m. Networking Coffee Break

11:00 a.m. – Noon Plenary: “The Great Debate”—The Demand Model vs. The Availability Payment Model

Noon – 1:30 p.m. Luncheon, Awards Presentation and Keynote Speaker

1:30 – 2:30 p.m. Plenary: P3 Update from the Federal Highway Administration (FHWA)

2:30 – 3:00 p.m. Networking Coffee Break

3:00 – 4:00 p.m. Breakout: P3 Owners Roundtable #1—Virginia, Florida, Indiana (invited), Texas

Breakout: New Developments in Transportation P3 Research—Presented by George Mason University’s Transportation P3 Policy Center

4:00 – 5:00 p.m. Breakout: Policy and Practice in the Use of Alternative Technical Concepts (ATCs)

Breakout: P3 Owners Roundtable #2—Illinois, Pennsylvania, Ohio (invited), Nevada

6:00 – 7:30 p.m. Evening Networking Reception

FRIDAY, JULY 18

7:30 – 8:00 a.m. Continental Breakfast 8:00 – 9:00 a.m. Breakout: P3 Owners Roundtable #3—Arizona, California, Colorado, North Carolina (all invited)

Breakout: Group Discussion on the Draft FHWA P3 Best Practices Guide—Part 1

Breakout: Intergovernmental Agreements in the Transportation P3 Market—Presented by George Mason University’s Transportation P3 Policy Center

9:00 – 10:00 a.m. Breakout: Current Legal and Risk Issues for P3s

Breakout: Group Discussion on the Draft FHWA P3 Best Practices Guide—Part 2

Breakout: New Developments in Airport P3s

10:00 – 10:15 a.m. Networking Coffee Break

10:15 – 11:30 a.m. Closing Plenary: Town Hall Session on the Future of P3s in Transportation


The U.S. is shaping up to be a dominant player in the global Public Private Partnerships (P3s) market as states seek more

efficient alternatives to the traditional methods of infrastructure development. With the ever expanding need for infrastructure repair and replacement combining with an uncertain fate of the Highway Trust Fund, many states have looked to the private sector to fill the gap through P3s. A growing number of states have either passed or are considering enabling legislation for P3s, and these alternative models have captured the interest of policymakers as they try to leverage private sector investment and innovation in addressing the infrastructure deficit.

Surface transportation continues to lead the way in the ever expanding market for public-private partnerships and Colorado is using the model to advance its objectives on a number of key projects. In 2007, Denver’s Regional Transportation District (RTD) closed the Eagle P3 Project—the nation’s first transit P3 project. Then in March of this year, the Colorado Department of Transportation (CDOT) and its High Performance Transportation Enterprise (HPTE) followed with the successfully closed U.S. 36 Express Lanes Project, which the Federal Highway Administration has recognized as one of the first transportation corridors designed to simultaneously accommodate a variety of transportation modes, including bus rapid transit (BRT), cars (including free lanes and managed express lanes), and bicycles.

Plenary Roads Denver (PRD)—a consortium of industry leading firms Plenary Group, Ames Construction, Granite Construction, HDR and Transfield Services—will complete improvements as well as operate and maintain U.S. 36 in

Colorado, currently a congested two-lane (each direction) highway connecting the rapidly growing cities of Boulder, Louisville, Broomfield, Westminster, Denver and communities in between. North American infrastructure developer Plenary Group is the project sponsor, equity investor and financial arranger for the project.

The project promotes multimodal transportation strategies that increase travel choices and efficiency for all modes—while reducing emissions and resource use. Once completed, residents will have more options for cleaner, safer and less congested travel.

To suit local objectives, the state split delivery of the project into two phases. The first phase was procured as a design-build contract, which began initial construction work along the corridor. The second phase was procured as a P3, with PRD selected as concessionaire to cover design, build, and finance of the Phase 2 construction work.

As the phases are completed, PRD will commence operations and maintenance. In addition, Plenary will operate and maintain the existing I-25 Express Lanes segment connecting U.S. 36 to downtown Denver.

The operating and maintenance contract is for 50 years following substantial completion of Phase 2 project construction, currently set for early 2016. The partnership between PRD and HPTE has resulted in the delivery of this project 20 years earlier than otherwise planned and possible.

The project includes the repaving and improvement of the existing general lanes, the creation of a new express lane in

Colorado Forward by Dale Bonner

Photo courtesy of the CDOT.


each direction, an improved BRT system and stations, as well as a separated bike path along the entire route. Also, as part of the P3 contract, in March of this year PRD assumed full responsibility for operations and maintenance of the I-25 as part of the second phase of the U.S. 36 Express Lanes Project.

As part of the concession agreement, Plenary is required to guarantee minimum travel speeds for buses within the managed lane. Toll rates will be prominently displayed along the corridor to inform users of the cost and allow them to make a decision whether or not to enter the managed lane. Initially tolls will be based on “time-of-day” pricing. In later years when congestion has increased, tolling will be “fully dynamic” with pricing based on real-time expected time savings.

PRD also developed a sophisticated arrangement to finance Phase 2, consisting of four tranches of debt on two liens in addition to the Sponsor’s Equity. A first for transportation financing, as part of this financing package PRD has agreed to assume HPTE’s existing $54 million TIFIA loan from the project’s first phase once it is completed. In addition, to fund construction of Phase 2, PRD issued approximately $20 million of additional parity PABs and entered into a new $60 million TIFIA loan. Finally, PRD issued approximately $20 million of subordinate debt and is contributing additional equity into the project.

PRD will be repaid over a 50-year period through toll revenue from the new express lanes on U.S. 36 and the existing

express lanes on I-25. By utilizing this method of financing, CDOT and HPTE are transferring the risk of sufficient toll revenue coverage to the private sector; there is no contractual guarantee for a minimum level of revenue for PRD and beyond a certain return, toll revenues will be shared with HPTE. In addition, the final decision on toll rates for the express lanes is always made by HPTE.

PRD will guarantee on-time and on-budget delivery of the project, and then guarantee performance of the roadways to prescribed requirements and service levels over the 50-year concession. Building on its success in Canada, the U.S. 36 project is Plenary Group’s first U.S. project. Since 2005, Plenary has earned a market leading position in social infrastructure throughout Canada and is now building a portfolio of road, transit and bridge projects throughout North America. In addition to the U.S. 36 in Colorado, this includes the Disraeli Freeway and Bridges Project in Winnipeg, Manitoba and the Waterloo Light Rail Transit Project in Waterloo, Ontario. The firm was also just recently selected, in partnership with Kiewit, as the preferred proponent on the SH 183 Managed Lanes Project in Dallas, Texas, and has been shortlisted for the Illinois section of the Illiana Corridor Project, the Rapid Bridge Replacement Project in Pennsylvania, and Ohio’s Portsmouth Bypass Project.

The U.S. 36 project and others that have been successfully closed around the country are showing that while P3s alone cannot solve the infrastructure crisis, partnering with the private sector can create more capacity to deliver completed projects sooner, bring private sector investment, innovation and discipline to solving the infrastructure deficit, and ensure projects are completed on-time and on-budget, with a commitment to long term operating performance without deferred maintenance.

Information on the U.S. 36 managed lanes project and the Colorado HPTE program can be found on the CDOT website.

Dale Bonner is Plenary Group USA executive chairman: dale.bonner@

plenarygroup.com.

Photo courtesy of Ames Construction, Inc.Photo courtesy of Ames Construction, Inc.

Photo courtesy of HDR, Inc. ©2013 Keith Philpott.


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JUNE 25: Social Media and Liability Issues (Part of Workforce Development Package)Employee use and (misuse) of social media platforms has certainly increased in the past few years, and is likely here to stay. This webinar will focus on liability issues related to employee use of social media and will suggest solutions to prevent and deal with social media issues.COST: $99 members, $125 non-members

JULY: 2nd Quarterly Transportation Construction Market Conditions Report & Legislative UpdateProvides an analysis of current market conditions for all modes of transportation construction and status reports on pending federal surface transportation policy issues.

JULY: Indemnification: How a $100,000 Contract Can Leave You on the Hook for $10 MillionOutlines the industry’s use of indemnification to allocate risk and discusses key issues including statutory and common law barriers to enforcement, defining the scope of the indemnity, limiting liability and undertaking liability for the other parties negligence.COST: $99 members, $125 non-members

AUGUST 6: Risk Management on Transportation ProjectsFocuses on the owner’s perspective and industry’s perspective on risk, and will explore tips and processes to help firms and agencies evaluate these factors.COST: $99 members, $125 non-members

AUGUST: Differing Site Condition Risk in Construction ContractsExplores this important question: Who takes the risk that subsurface conditions will differ materially from what is expected? Will also examine adequacy of pre-bid site investigations in the context of current law and how the law may guide, or be changed by, Open Geoscience Initiatives.COST: $99 members, $125 non-members

SEPTEMBER 11: Ethics & ComplianceA comprehensive overview and discussion about the 2013 report, “National Business Survey of the U.S. Construction Industry: Gauging Industry Practices and Identifying Ethics Challenges.”FREE

SEPTEMBER 24: Disadvantaged Business Enterprise Compliance & Best PracticesCOST: $99 members, $125 non-members

OCTOBER: Crane Safety WebinarExamines construction crane safety, crane regulation and how to minimize the risk of accidents.COST: $99 members, $125 non-members

NOVEMBER: 2015 Transportation Construction Market ForecastARTBA presents its detailed analysis and 2015 forecast for all modes of transportation at both the national and state levels.

DECEMBER: Changing the Conversation with Infrastructure TechnologyFREERegister: www.artba.org/shop


This time last year, transportation investment advocates in Virginia celebrated a major legislative victory. Then

Governor Bob McDonnell (R) signed into law a five-year, $3.4 billion transportation funding package. The measure, which some thought would never pass, finances future transportation infrastructure projects by replacing a portion of the state’s 17.5 cent gas tax with an increased state sales tax, a new tax on wholesale and diesel fuels, and new registration fees on alternative fuel vehicles.

While the public campaign in Virginia lasted a few, short months and gained national media attention, it’s the little-known work that took place in the months and years leading up to the bill’s passage that helped secure this legislative victory. In policy battles, just like in sports, the adage of the “Five P’s” holds true—proper preparation prevents poor performance.

During a July 16 “National Workshop for State & Local Transportation Advocates,” ARTBA will help transportation investment allies from across the nation prepare for their own policy battles by providing a “deep dive” into this and other recent funding victories in key states. Participants will receive detailed, behind-the-scenes insights from policymakers; stakeholders and other experts who helped achieve major funding increases in Virginia, Pennsylvania and elsewhere. They will share their stories of overcoming political challenges, building coalitions, and creating effective advertising and messaging strategies, as well as full briefings on the legislation itself. We will also discuss the latest developments in transportation funding—including P3s—from across the country.

The event, which will be held Washington, D.C., is geared toward state and local “better roads and transportation” groups, labor unions, transportation infrastructure design and construction state associations, and the state and major metro area Chambers of Commerce who, collectively, typically fund and lead these initiatives. It will allow these advocates to gather “best practices” and learn “playbook secrets” that were critical to the recent success of high-profile road, bridge and public transit funding victories.

The workshop is a signature initiative of the ARTBA “Transportation Investment Advocacy Center™” (TIAC), a “one stop shop” for advocates launched earlier this spring by ARTBA Chairman Doug Black. The cornerstone of the center is its dynamic website: www.transportationinvestment.org. It features 39 detailed case studies of recent transportation funding campaigns—both successful and unsuccessful—mounted in 28 states. It also includes the actual television, radio and print ads, polling data, and media and coalition strategies used in the campaigns; a regularly updated blog; and an overview of funding and financing mechanisms utilized to support state and local transportation programs.

You are sure to take away plenty of information to help your own advocacy efforts. Registration for the event is only $250. To see the full program: www.transportationinvestment.org, or for more information, contact ARTBA’s Carolyn Kramer at [email protected].

ARTBA Hosting July 16 Workshop in Nation’s Capital

by Beth McGinn

Beth McGinn is ARTBA director of public affairs: [email protected].


ARTBA wishes to thank these members of our Traffic Safety

Industry Division for their sponsorship of the Summer Social!


SUDDENLY, EVERYTHING CHANGEDby Lee Cole

April 2013 began as a typical month for me, spent traveling across the U.S., visiting work sites, providing safety training and assistance to our affiliated companies, and promoting work zone safety in particular as we began recognizing National Work Zone Awareness Week. It was a very busy schedule with meetings to attend, worksites to visit and employees to visit with.

Suddenly, everything changed.

Late on the evening of April 16, I received a call informing me that two of our more experienced people had been killed by a driver, who was suspected of driving under the influence of alcohol. Marshall Turner, 55, was our asphalt

paving foreman, and James “Bubba” Rains, 34 was a contract mechanic. Both were part of our crew on a I-55 project in Crittenden County, Arkansas. As they worked in the late evening, a pick-up truck swerved into the closed-off construction work zone and struck our friends who were just doing their jobs. Both men were killed.

I knew Marshall. He had worked for our company for 26 years and had participated in a number of our safety classes over the years. He was a hard worker with a quick smile. I did not know, James (“Lil’ Bubba”), but this husband and father of two young daughters was well known to our crews; his father has worked for us for many years.

That call was a shock. Immediately everyone’s plans changed and arrangements were made for me to fly to Memphis. I knew that we needed to take care of a lot of heart-rending issues. What must be done to take care of their families? What about their co-workers? How many of them witnessed the incident? These are most important matters to address up front.

So, the process began: employee assistance programs; counseling; incident investigation; lawyers, insurance, etc.


roadway work zones. It was underway in 2013 when our col-leagues were killed.

In 2006, ARTBA and FHWA launched “Turning Point,” a campaign to instruct new drivers on how to safely navigate roadway work zones. This program contains materials, both video and written, intended for driver education programs, particularly teen drivers.

Many states have also enacted laws to increase penalties for unsafe driving in work zones.

While intrusion incidents continue to devastate us, a signifi-cant amount of progress has been made. Total work zone-related fatalities—workers, motorists and passengers—reached a peak in 2002 with 1,186 deaths. In 2012, the most recent year for which data is available, the U.S. Department of Transporta-tion reported 609 deaths—nearly half the amount a decade ago. During the same 10-year period, the value of roadway con-struction put in place has stayed the same. So, as compared to the total value of construction, the reduction in fatalities seems to be a real improvement.

Even though 600 annual work zone-related deaths are far from acceptable, they show that when industry steps up its safety advocacy, progress can be made and lives saved. Sadly, the number of annual worker deaths caused by motorists has not declined as sharply as overall work zone deaths, with an average of 30 worker deaths each year since 2003, according to data from the U.S. Bureau of Labor Statistics. My personal witness of tragedy shows me more work needs to be done to help the traveling public understand the dangerous nature of work zones and the vulnerability of those working inside those areas.

Since April 2013, we continue to ask ourselves, “How can the industry protect its workers from vehicles that stray into its work space and strike, kill and maim workers?”

Industry Cooperation To address the continuing challenge of work zone intrusions, we contacted ARTBA and asked the association to help us create a partnership to prevent worker deaths caused by motorist intrusions into work zones. To date, we have been joined by the National Asphalt Pavement Association (NAPA), the Associated General Contractors of America (AGC), leading national contractors, organized labor, and others.

A national dialogue began with a summit held in March 2014 in Las Vegas, Nevada. Representatives from construction companies to safety manufacturers to state DOTs presented research, findings, problems, and solutions. The coalition decided on a focused program of work:

1. Gather best practices from across the country and around the world to document how governments, contractors and others are preventing intrusions;

2. Create regional workshops and peer-to-peer exchanges to discuss the problem, share ideas and gather information;

Less than 18 hours later, I received yet another call. One of our flaggers, a man known to everyone as Renaldo, was killed in Texas by a driver who was texting/using the phone when he drove into him.

In each of these cases, the workers, their supervisors, and the company were doing everything “right.” But that did not save our workers. And each time someone from our company is killed or seriously injured in such an incident, the reaction is the same. We see and feel the devastation of those who worked with them. As one listens to the co-workers of these victims and hears the facts, to some degree, you become part of that crew. Whether we knew them personally or not, we become part of the story. And it is painful. Something we never want to repeat.

Sadly, this experience is repeated many times each year in the United States. The Occupational Safety and Health Ad-ministration (OSHA) recently reported there were 129 deaths in highway, street and bridge construction from FY2011 to FY2012. In 39 instances, the victim was struck by an errant driver who left the travel lanes and ran over a worker—just like Marshall, Renaldo or Lil’ Bubba.1 In other words, nearly one-third of roadway worker deaths are not caused by construction hazards—they are caused by motorists who may be impaired, distracted, tired . . . or even belligerent.

I say “belligerent” because we learn from a report prepared by the Texas A&M Transportation Institute, based on a study of work zone intrusions in New York State during the period 1993-1998, that researchers found motorists deliberately2 entered closed lanes 44 percent of the time that such intru-sions resulted in crashes. The study also found many intrusions occurred because traffic was stopped or moving slowly, or because drivers encountered conflicts at merging tapers. While I do not believe these drivers intended to run over the workers, they did make a conscious decision that their “inconvenience” was more important than the workers’ safety.

For me and my colleagues in the construction industry, these deaths are frustrating because they continue to occur despite significant efforts to eliminate this hazard. For example, in 1998, the U.S. Federal Highway Administration (FHWA) in partnership with the American Road & Transportation Builders Association (ARTBA) opened the National Work Zone Safety Information Clearinghouse (www.workzonesafety.org). While this facility is primarily aimed at providing research and information to our industry as opposed to motorists, it does contain a significant amount of information designed to prevent motorist intrusions into work zones.

In 1999, FHWA joined with the American Association of State Highway and Transportation Officials (AASHTO) and the American Traffic Safety Services Association (ATSSA), in signing an agreement to create a National Work Zone Aware-ness Week. This event is now held annually across the U.S. and is aimed directly at promoting driver safety when approaching


Lee Cole is Oldcastle Materials vice president of environmental, health

and safety: [email protected].

3. Create a guidance document that describes the findings and best explains steps needed to carry out best practices

We were particularly impressed by a model practice shared during the March meeting by representatives from the Texas Department of Transportation (TxDOT). The agency recently launched an innovative approach to improve work zone safety through the inclusion of a new provision in many of their roadway construction contracts.

TxDOT realized that we contractors sometimes find roadway conditions to be more hazardous than expected as we move into construction operations. Typically when this occurs, we will ask the DOT for a modification to the contract, requesting extra funding to provide more protection for our workers, such as concrete barrier, crash attenuators, portable changeable message signs, or the use of police officers. Most DOT’s are reluctant to approve such changes because once the contract is let, there are no additional funds to pay for increased safety measures. In recognition of this dilemma, TxDOT now includes a reserve account (2-3 percent of total contract value) in certain contracts that can be used to provide for additional safety equipment when the contractor and DOT mutually agree upon the need. This special provision ensures funds are available to protect workers and motorists even though those needs were not anticipated when the contract was signed.

TxDOT reserves these extra funds exclusively for safety needs; they cannot be disbursed for other purposes. In a time of belt tightening, this ensures that safety equipment will find its way to the job site and not to other projects. TxDOT has seen an increase in safety devices used and a decrease in overall work zone related accidents since implementing this policy.

In addition, TxDOT has conducted research on the use of automated stop/turn signals that can take the place of flaggers; equipment that can be placed in the road well forward of a work zone that will alert drivers, as well as the new contract language that will allow TxDOT and contractors to work together to keep workers and state employees safe.

During a special ARTBA meeting also held in Las Vegas last March, several companies provided presentations on devices and equipment to help prevent motorist intrusions, and an increasing number of DOTs are approving these devices for use in their work zones. They include portable rumble strips that warn and “wake up” drivers as they approach roadway construction sites. These strips are temporary and can be used during construction, and then easily removed and moved to another location once that work is done.

Another innovative product uses a heavy metal frame, mounted like a trailer to heavy-duty trucks. This crashworthy, durable frame provides positive protection for workers during mobile and short duration projects where concrete barrier may not be feasible.

I am happy to see that the roadway construction industry is working together, as never before, to gather and develop new practices, products and strategies to prevent work zone intrusions. The job will not be easy, and it will take coordinated efforts of contractors, roadway owners, equipment manufacturers and government agencies to make significant progress towards significantly reducing the number of deaths caused by motorist intrusions. Nevertheless, there is a ground swell of support and optimism that change can take place. If you or your organization is interested in joining this pursuit or just learning more about the association’s comprehensive safety programs and services, you can contact Bradley Sant, ARTBA senior vice president of safety and education at [email protected].

1Federal OSHA Fatality Investigations for the Three Industries with the

Highest Number of Fatalities FY2011-FY2012

2Deliberate action is defined as choosing to enter the closed area either

with real intent or choosing to drive impaired.


74% white

31% werehispanic

17% hispanic

5% were African American

9% African American

2.6% were female

609 44%2003 2012

The number of work-zone fatalities in 2012, including

construction workers and the traveling public, according

to the National Highway Traffic Safety Administration

compared to 590 in 2011.

Workplace-related injuries and illness for highway and

bridge contractors declined in 2012 and have dropped 44

percent since 2003.

The BLS reports that in 2012, Hispanics accounted for 31

percent of total employees in construction occupations,

while African Americans represented about five percent,

and women represented 2.6 percent.

the construction industry are white,

road construction site.

“Highway and bridge construction workers continue to put their lives on the line in work zones—with 127 work-related fatalities that occurred in road construction sites in 2012. The working environment for the men and women in the highway and bridge construction industry has been steadily improving over the past decade, but work-related injury and illness rates are still among the highest in the construction industry, according to ARTBA’s analysis of data from the U.S. Bureau of Labor Statistics (BLS).“

96% male


Calif.: 8%

Texas: 9%

Kan.: 5%

La: 6%

Miss.: 5%

Fla.: 4%

Ind.: 6%

Ill.: 6%

# of deaths in 2012

Transportation incidents

Falls, slips, and trips

Exposure to harmful substances or environments

Struck by object or equipment

91

12

6

14


Did you know your company can substantially improve its bottom line profits by investing in safety and health

prevention? You can, and there are many studies that show how this can be accomplished.

Scores of articles, studies, safety calculators, and websites are available to demonstrate a strong correlation between a company’s safety culture and productivity, particularly in the construction industry. For example, a recent report “Safety Culture and Climate in Construction”1 issued by the CPWR-The Center for Construction Research and Training, concludes, “Researchers and practitioners have identified safety culture and safety climate as key to reducing injuries, illnesses and fatalities on construction worksites. Many construction contractors are trying to improve these indicators as a way to move closer to a goal of achieving zero injury worksites.”

The premise of using sound safety culture to improve productivity is that by investing in incident prevention rather than paying to fix problems after they arise, real profit can be realized. According to OSHA, each $1 invested in incident prevention can avoid $4 to $6 dollars2 in future expenses for costs, damages and penalties related to the incident. Moreover, incident prevention improves morale, productivity, attracts more investors and means business opportunities for your

company over the long term.

In some instances, companies have received more than a 1,000 percent return on investment (ROI) using relatively inexpensive changes in their safety business model.

As a safety trainer, I have the opportunity to talk with workers, supervisors, project and safety managers, directors, and owners about the correlation between safety and productivity. I am continually impressed as I am able verify its accuracy. For example, several months ago a safety manager, sitting in a clean, well-organized office, told me in the last five years, his company reduced its health and insurance costs from $10 million annually to $250,000—accomplished by investing in safety and health prevention and creating a sound safety culture.

In contrast, another safety manager from a similar size company, sitting in a rather messy, disorganized office, expressed frustration because there were more attorneys dealing with safety-related claims and government penalties than professionals in the safety department working to prevent these incidents. The second company seemed to suffer with low morale and administrative employees worked many more hours trying to keep the company afloat—all because the

by Robinson Vasquez


workplaces. On average, inspected firms saved an estimated $355,000 in injury claims and compensation paid for lost work over that period.”6

For those who want to improve safety culture within their companies, and increase profits, I recommend the following first steps to get leadership to buy-in:

Evaluate your losses/claims related to worker safety and health. This will allow you to recognize the problem (or opportunity).

Use employees and perhaps outside expertise, design a solution (and any alternatives).

Determine how much it will cost to implement the solution (and over what period).

Estimate the ROI that can be achieved if the solution is implemented successfully (and over what period).

Try showing your numbers using a safety calculator. (OSHA has some available on line.)

There is a lot of information and a number of tools available to help companies keep their workers safe and healthy, while improving profits. In reality, the idea is not a new one, for it was Benjamin Franklin who said: “An ounce of prevention is worth a pound of cure.”

ARTBA has a number of programs that can assist employers improve safety on their jobsites. To learn more about them, contact me at [email protected].

1CPWR-The Center for Construction Research and Training, http://www.

cpwr.com/sites/default/files/CPWR_Safety_Culture_Final_Report.pdf

2OSHA web page, Safety Pays, https://www.osha.gov/Region7/fallprotec-

tion/safetypays.html

3Ibid.

4American Society of Safety Engineers (ASSE), (2002, June).White Paper

on Return on Safety Investment, http://www.osha.gov/dcsp/products/top-

ics/businesscase/

5Goldman Sachs JBWere Group, (2007, October)Goldman Sachs JBWere

Finds Valuation Links in Workplace Safety and Health Data [PDF*- 83 KB].

http://www.osha.gov/dcsp/products/topics/businesscase/

6David Levine, Michael Toffel, and Michael Johnson, “Randomized Govern-

ment Safety Inspections Reduce Worker Injuries with No Detectable

Job Loss.” Science, Vol. 336, No. 6083, pp. 907-911 (May 18, 2012). See

Abstract and Press Release, http://www.osha.gov/dcsp/products/topics/

businesscase/

hidden costs of incidents were consuming company’s profits.

One indicator that a company’s safety culture is unhealthy is when there is a real or perceived disconnect between the company’s leadership and its general employees. I see it as an instructor when my students say something like, “I wish our foremen were in this class.” Similarly, when we provide safety training to foremen, they ask us to provide instruction to their managers and directors. In my experience, many companies have not yet realized the correlation between safety culture and prevention with the ROI and profitability.

The CPWR Report drew this conclusion: “Simply assessing safety climate is not enough. Once an issue related to one or more of the factors is identified, it needs to be addressed and improved. For example, if workers say they do not feel comfortable raising safety issues, even though they have been told the policy to do so is in place, then it is critical that management intervene to make them feel more comfortable. It requires more than just policy pronouncements to improve safety climate.”

One reason many fail to make this correlation is because our traditional accounting systems were not designed to recognize costs resulting from incidents (or savings from avoided inci-dents), so they are usually included as expenses to overhead. Only notes on the balance sheet may reflect the legal risks and potential litigation costs related to environmental and person-nel matters in which safety and health are a contributing factor.

In fact, it is difficult to realize this correlation because for centuries the main considerations for efficient construction projects were scope, time and budget. Some managers still think in these parameters only. Newer considerations like quality, safety and health, social responsibility, and environmental concerns, among others, have been developed in the last 50 years. The world is changing very fast, especially in countries where these social principles are being adopted in regulations and expectations.

On its website, OSHA provides a safety calculator and shows some “safety pays success stories.”3 According to the American Society of Safety Engineers, “There is a direct positive correlation between investment in safety, health, and environmental performance and its subsequent return on investment.”4 Even Wall Street recognizes the connection as Goldman Sachs JBWere Group explains, “Companies that did not adequately manage workplace safety and health performed worse financially than those who did from November 2004 to October 2007. Investors could have increased their returns during this period had they accounted for workplace safety and health performance in their investment strategy.”5

Going to extremes, there is also a study showing a positive correlation between OSHA inspections and improvements in the bottom line. “The study showed a 9.4 percent drop in injury claims and a 26 percent average savings on workers’ compensation costs in the four years after a California-OSHA inspection compared to a similar set of uninspected

Robinson Vasquez is ARTBA international business and training manager:

[email protected].


States Awarded

Scholarships

One of the ARTBA Transportation Development Foundation (TDF) programs that has a truly positive impact on young adults from around the country is the “Lanford Family Highway Worker Memorial Scholarship Program.” This first-of-its-kind initiative provides post-high school financial assistance to the children of highway workers killed or permanently disabled on the job.

In the past 15 years, the TDF has provided more than 120 scholarships to deserving students. On May 6, the Foundation’s Trustees met and awarded 2014-15 scholarships to these 11 students:

Alexis Keefe, Wyalusing, Pa. Alexis’s dad, Bret Keefe, was killed in a car accident in 2001 while working for the Pennsylvania Department of Transportation. A sophomore, she is a marketing major at Bentley University near Boston.

Kaitlyn Henry, Dennison, Ohio Kaitlyn’s dad, Gary Henry, was struck by a construction vehicle and killed in 2013 while working on a state highway construction project on Interstate 270 near Columbus, Ohio. Kaitlyn is cur-rently attending Ohio University and is an intervention specialist major.

Leah Barnes, Bronx, N.Y. Leah’s dad, Donald Barnes, worked for the New York State Thruway Authority and was permanently disabled in 1995 when he was struck by a vehicle. Leah is a junior studying elementary education at Delaware State University in Dover.

Lyndsay Morgan, Daytona Beach, Fla. Lyndsay’s father, Steven Morgan, was killed in a November 2011 accident while working on Interstate 75 in Florida. She is a sophomore at Florida Gulf Coast University and majoring in communica-tion studies.

LaToya Hood, Houston, Texas LaToya’s father, Paris Hood, was struck by a vehicle and killed in a February 1998 accident while working for the Texas Department of Transportation on I-27. LaToya attends Texas Southern University and is an education major.

by Matt Jeanneret & Kashae Williams


The ARTBA-TDF is interested in receiving contact leads on students who

could benefit from the scholarship program. Please share them with

Kashae Williams at [email protected].

Matt Jeanneret is ARTBA Foundation executive director:

[email protected], and Kashae Williams is the Foundation’s

scholarship and awards program manager.

Vybav Hiraesave, Dover, Del. Vybav’s father, Vasuki Hiraesave, was killed in an accident while working for the Delaware Department of Transporta-tion in March 2006. Vybav, a junior at the University of Delaware, is a chemical engineering major.

Joshua Frank, Sterling, Colo. Joshua’s father, Thomas Frank, was struck and killed in 1996 while working Colorado Department of Transportation on I-76 near Sterling. Joshua is attend-ing Wyotech in Laramie, Wyo., and is majoring in diesel mechanics and chassis fabrication.

Willie Blevins, Danielsville, Ga. Willie’s mother, Kathy Blevins, worked for the Gwinnett County Department of Transportation. She had just finished painting turn-lane lines when her vehicle was struck and she was killed in 2004. Willie will be attending Georgia South-ern University in Statesboro this fall and plans to major in biology.

Emily Jones, Billings, Mont. Emily’s father, Richard Jones, an employ-ee of Direct Traffic Control, was killed in a car accident in 2013. Emily will attend Montana State University in the fall and major in criminal justice.

Kelsey Williams, Chehalis, Wash. Kelsey’s dad, Samuel Williams, Jr., was killed in 2000 while working as a flagger for the Washington State Department of Transportation. Kelsey will attend West-ern Oregon University in Monmouth and major in fire service administration.

Amy McNeil, Kountze, Texas Amy’s father, Jeffrey McNeil, was killed in 2005 while working for the Texas Department of Transportation on U.S. 69 in Beaumont. Amy attends Lamar State College and will start a registered nursing program in January 2015.

The ARTBA Foundation would like to express its thanks and deep appreciation to the following organizations and individuals for their recent support of the “Lanford Family Highway Worker Memorial Scholarship Program”:

The Fernandez Pave the Way Foundation

3M Company

Donald B. and Dorothy L. Stabler Foundation

American Association of State Highway & Transportation Officials

Bridge Preservation Association

The de Moya Group

Maryland Quality Initiative (MdQi) & Maryland Transportation Builders and Materials Association

Paul & Anita Yarossi

Bill Cox

R.J. Watson

Beaty Construction via the Blue River Foundation

G.A. & F.C. Wagman via the York County Community Foundation

Ajax Paving Industries of Florida

Highway Markings, Inc.

Asphalt Materials, Inc.

Branscome, Inc.

David & Bobbi Gehr

Bob & Virginia Close

Virginia Transportation Construction Alliance


working in high-heat and humid conditions could actually create a greater hazard from heat stress than the possible exposure to crystalline silica.

On November 8, 2013, OSHA released a plan to require most companies with 250 or more workers to electronically report injuries and illnesses on a quarterly basis; others would submit information annually. While it would not change an employer’s basic recordkeeping duties, it would require employers to electronically submit the information to the agency, and OSHA would, in turn, make the data available to the public via the Internet. The new public database would be site-specific and allow users to view individual employers and their injury and illness data.

In written comments to the agency, ARTBA outlined how the proposal could present a distorted picture of an employer’s safety performance by showing site-specific data without providing a complete picture of the causes leading to an injury. ARTBA also shared concerns about privacy rights for companies and individuals if such information is made widely available.

In follow-up to ARTBA’s written comments, we were also invited to participate in a congressional roundtable discussion held by the House Committee on Small Business. It provided us with an additional forum to make the case on the industry’s behalf.

Rest assured ARTBA will remain vigilant in monitoring developments on both of these proposals. If you want to learn more, please do not hesitate to call me at 202.289.4434.

by Úna Connolly

Úna Connolly is ARTBA’s vice president of safety

and environmental compliance: uconnolly@

artba.org.

The Obama Administration’s second term has been marked by a significant

up-tick in proposed federal regulations, which means ARTBA has been actively engaged in monitoring the new rules and commenting on them in both written and oral testimony. Specifically, the Occupational Safety & Health Administration (OSHA) issued several proposals that could potentially have significant impacts on our industry.

OSHA & Silica In September 2013, OSHA rolled out an updated regulation governing crystalline silica exposure for the construction Industry. The new permissible exposure limit (PEL) would cut the exposure level to one-fifth the current standard—from 250 μg/m3 to 50 μg/m3. It would also insert a new “action level” that is one-tenth the current PEL. ARTBA participated in a large coalition of construction associations to review and jointly comment on the proposal. We also submitted proprietary comments and asked to testify before OSHA.

In March 2014, ARTBA’s Senior Vice President of Safety & Education Brad Sant and I testified before OSHA, explaining that aspects of the rule were not feasible for the transportation construction industry. I explained to the panel the PEL would not work for a highly transient industry where laboratory results would not come back until long after the workers had changed locations and conditions. I also expressed concern that laboratories would have two years to come into compliance, while contractors would be required to abide by test results soon after the rule was final.

In response to questions, Brad Sant said the best approach to reducing exposure to harmful silica dust would be to control contact through sound work practices. He noted that monitoring for the PEL is an unworkable distraction that will not improve worker safety.

We made clear that requiring transportation construction industry workers to wear respirators while


ARTBA’s safety team has decades of combined experience, unmatched by any other transportation construction- related association. We have a commitment to hiring and retaining some of the best qualified safety professionals in the industry. The association’s multi-lingual team has served—and continues to serve—as advisors on government and private sector safety committees, work groups, councils and advocacy centers.

Bradley M. Sant, senior vice president, safety and education; executive director for safety–ARTBA Transportation Development Foundation

Mr. Sant has nearly 25 years of experience in managing high-level safety and health, and adult training programs, including serving in senior safety positions with the Building and Construction Trades Department, AFL-CIO; the National Resource Center for OSHA Training; and the International Association of Fire Fighters. He has a bachelor’s degree from Utah State University with a double major in political science and Spanish, and a law degree from Georgetown University Law Center. Mr. Sant is an accredited OSHA instructor and former director of an OSHA outreach training center.

Úna Connolly, vice president of safety & environmental compliance

Ms. Connolly has more than 20 years of experience in the environment, health and safety fields. Previously, she managed environmental and safety programs at the National Stone, Sand and Gravel Association, and the National Asphalt Pavement Association. She has a bachelor’s from Radford University in biology and master’s from the University of Maryland in international management. Ms. Connolly manages the activities of the National Work Zone Safety Information Clearinghouse and develops safety and environmental compliance and training products for the association.

, safety & spanish training manager

Mr. Lopez has been heavily engaged in Spanish language translation and interpretation for nearly a decade. For the past seven years, he has focused on safety and health training, with a special attention to Hispanic and disadvantaged workers. He has an associate’s degree in business administration and is working on a B.S. in Occupational Safety and Health. Mr. Lopez is a certified translator through the D.C. Multicultural Community Service and has an “English as a Second Language” (ESL) certificate through Northern Virginia Community College. He is an accredited instructor for OSHA 10- and 30-hour programs, Flagging, CPR, First Aid and others.

, safety training & business development manager

Mr. Vasquez is an experienced trainer and business manager, with responsibilities for a variety of safety training contracts and liaison with the Hispanic Community. Prior to joining ARTBA, he served as an attorney, specializing in construction law, international business, and labor relations in his native Peru. Mr. Vasquez graduated cum laude from the Pontifical Catholic University of Peru where he earned his law degree. He holds a master’s degree in comparative law from Brigham Young University, and an M.B.A. from the University of Utah. He is qualified as an OSHA instructor, having completed both the OSHA 510 and 500 courses.

, contracts manager

Sepi Fazeli has 30 years of contract and financial management experience, and oversees a number of safety and training contracts and cooperative agreements with federal agencies. Prior to joining ARTBA, she worked with Northrop Grumman and Lockheed Martin for 10 years supporting FAA as a business management analyst. She has a bachelor’s in political science from Boston University. Ms. Fazeli is fluent in Farsi and French.



ARTBA has an unparalleled commitment to safety. No other association representing the transportation construction industry has more full-time staff dedicated to safety—and it shows! We offer a cadre of safety services, training programs and products that were developed exclusively for this industry. Many of our programs were developed in partnership with the Occupational Safety & Health Administration (OSHA), the Federal Highway Administration (FHWA) and other industry groups. All are offered at very competitive prices—many are free. Read below and take advantage of the services your national association has developed just for you and your firm:

ARTBA broke ground more than 10 years ago with its “OSHA 10-Hour Training Exclusively for the Roadway Construction Industry.” Now revised and updated, this program for owners, safety managers, supervisors, and workers is focused directly on the hazards and situations that roadway construction workers face every day. From work zones to night work, this training sets the standard for the entire industry. This course is available for onsite instruction, or trainers can purchase our kit to conduct their own classes. Contact Robinson Vasquez at [email protected] to see if you qualify for a free course through the FHWA Work Zone Training program.

The “Best of the Best” in Safety Academy brings together senior leaders and project management executives from the industry’s safest contractor firms meet to share “best practices” and other secrets that have made their companies the safest in the industry, year-after-year. ARTBA also sponsors roadway construction-focused OSHA 500 programs and Flagger Instructor programs

through partnerships with authorized providers. Contact Brad Sant at [email protected].

Certified Flagger, First-Aid and CPR instruction are available from ARTBA through a partnership with the National Safety Council (NSC). These industry-leading programs ensure your workers are properly trained through nationally recognized programs, backed by accreditation from ARTBA and NSC. Each program can be completed in approximately four hours. The base cost is $500 per program, $15 per student for materials and cards, plus instructor travel. Contact Omar Lopez at [email protected].

ARTBA offers industry-specific consulting services designed to correct and sustain your organization’s safety culture. Through facility and jobsite assessments, we will prepare your company for a comprehensive OSHA inspection. In addition, we can evaluate “new employee” and “on-going safety” training programs; complete an illness prevention program evaluation; and assess your DOT/Driver qualification compliance. ARTBA’s services will save your company’s profit from citation fees and incident claims, empowering you to create and sustain a new business culture, with safety as a core value. For cost and schedule information, contact Brad Sant at [email protected].

As a result of ARTBA’s efforts to secure resources from various federal agencies, ARTBA is able to offer a number of training and education services at no cost to participants and users. They include:


FHWA Work Zone Safety Training Program: It provides free or low-cost instruction to the industry on work zone safety issues, evaluates available training programs and determines where new training is needed, and develops and conducts training in new areas to promote safety for both public and private sector employees. Contact Robinson Vasquez: [email protected].

Roadway Safety+: Developed through contract with FHWA and OSHA, Roadway Safety+ is the most widely- vetted, vertically integrated, comprehensive training program in the industry. It contains 33 interactive training modules, 29 toolbox pamphlets, 5 trainee booklets, 9 guidance documents, and two instructor guides! Products available by request and through onsite training. Contact Robinson Vasquez: [email protected].

Preventing Runovers and Backovers—Internal Traffic Control: This course explains in detail the concept of “Internal Traffic Control.” It is designed to train contractors and their employees how to safely navigate around workers and equipment in work zones to avoid runovers and backovers of workers on foot. Contact Robinson Vasquez: [email protected].

The National Work Zone Safety Information Clearing-house (www.workzonesafety.org) is the world’s largest online resource for road construction work zone safety in-formation. Its website contains expansive searchable data-bases covering a wide variety of topics. The Clearinghouse also offers webinars, conferences, group discussion forums, safety posters and materials, and much more. Contact Úna Connolly: [email protected].

Video Products: ARTBA has developed a variety of training videos that can be accessed at www.artbastore.org or by contacting ARTBA’s Director of Sales Peter Embrey at [email protected]. Among them:

Playing it Safe with PPE: Available in English and Spanish in the same download, or on DVD, this 20-minute video contains two segments. The first helps company managers understand what to look for when purchasing personal protective equipment (PPE) and provides tips on motivating workers to wear it. The second—and most valuable—is a “must-see” for your company’s employees.

It compares scenes from sporting events to roadway construction work, educating workers about the importance of properly wearing their PPE even if they don’t see the hazards around them. Member price: $99.

Flagging Fundamentals: 6 Steps to Safety: This DVD, also available in English and Spanish in the same down-load, provides the latest information to revitalize your organization’s flagging training programs with information from the most recent federal and industry standards. By focusing on six steps to safe flagging operations, the video is an excellent tool to refresh flaggers who may need to sharpen their skills and remember the basics of flagging operations. The program also includes assessment questions so instructors can ascertain the knowledge gained by their trainees. Member price: $99.

Avoiding Runovers & Backovers: This 20-minute, two-segment training video, aimed at helping managers, operators and workers, is available in English and Spanish in the same download or on DVD. It provides “common sense” tips and instruction about safe work procedures to reduce and eliminate the runovers and backovers . . . the leading cause of death and injury for roadway construction workers. Member price: $99.

“Turning Point”—Work Zone Safety for New Drivers: This 10-minute video, “Turning Point: Some Decisions Last a Lifetime,” aims to change the perceptions and attitudes of young adults who drive through work zones. It features a reality-based storyline that shows young drivers in real-world situations and the consequences unsafe driving habits have on human life. Member price: $10.

Digital-2000 Safety Training: Through an exclusive partnership with Digital-2000, ARTBA is able to provide top-quality safety training videos at a rock-bottom price. The vast library includes topics such as Aerial Lifts, Competent Person-Trenching & Shoring, Backhoe/Loader Operations, Confined Space Entry, Supervisor Safety, Dump Truck Safety, Crane Safety, Fall Protection, and many more. Titles are available in English and Spanish. Member price: $160-$195.


on ARTBA’s Website

Check out the new safety section on ARTBA’s redesigned website! Now operating in a responsive environment, you can use your tablet, phone or laptop/desktop computer to stay up-to-date and take advantage of the association’s comprehensive safety products.

Need help with a safety question? Find contact information for ARTBA’s safety team of professionals.

Looking for roadway construction-specific training products? Browse through our array of custom courses, videos and educational tools.

Would you like ARTBA’s expert trainers to come to your site and train your workers? Find just the program you are looking for—developed by nationally recognized specialists and taught by people who understand our industry.

Take advantage of the benefits that come with your association membership! Go to www.artba.org and click on the “Safety” tab at the top of the page.


Before you climb into your vehicle and put the gear in reverse, consider that backing accidents account for about

half of all fatalities involving construction equipment in roadway work zones. That means about 30 people are killed by being backed over each year . . . more than two each month. If that possibility seems too remote, then understand that about one person is injured each day in a backing incident, and hundreds of thousands of dollars are spent annually because equipment, vehicles, utilities and other property are damaged during backing incidents.

Many of these incidents could be reduced, or eliminated, if the following steps were taken:

1. Ensure mirrors are positioned properly for the driver before operating the vehicle.

2. While pickup trucks generally are not equipped with backup alarms, all vehicles equipped with backup alarms must be checked prior to operation to ensure they are in proper working condition.

1. Avoid backing whenever possible. Evaluate the area to find a route to arrive at your destination while moving forward.

2. Keep the driver’s window down, and if possible, the passenger window down when backing or driving in the vicinity of pedestrian workers.

3. Turn off the radio or other distracting devices.

4. Park in a manner where you can leave in a forward motion. Pull straight through when possible. Remember,

by Bradley Sant


Bradley Sant is ARTBA senior vice president of safety and education:

[email protected].

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Internal Spray Down SystemTire Spray Down System

Cat Dealer Service and Support

the closest space is not always the best place. Choose a place that is free of congestion. You can see more when you first arrive at any location, so if you must back, that is the time to do it.

5. Any time you have been stationary for more than two seconds, conditions change. Get out of your vehicle and walk around it before moving, use a spotter or camera. Never trust the scene you checked previously to remain the same. A person walking three miles-per-hour will travel nine feet in two seconds. A child riding a bike at 10 miles-per-hour will travel 30 feet in two seconds.

1. Always beep your horn several times before reversing. This will alert others that you are doing something different. Everyone should be trained or informed that a designated number beeps means you are backing.

2. If your vehicle is equipped with a backup alarm, it must be working. If it is not working you are required to fix

it. In an emergency, if you must finish the task at hand when the alarm stops working, you must use a spotter while in reverse.

3. Always use all mirrors when backing and preferably always use a spotter. You should always agree on signals before backing. Always back at an extremely low rate of speed (walking speed) and do not back more than 50-100 feet before stopping and rechecking the area for a clear zone. Evaluate the area for more stringent guidelines in confined areas.

Deaths, injuries and property damage caused from backing incidents can be prevented. By completing just a few precautionary steps, safety will improve significantly on your job site. Before you back, stop, think and check. Lives depend on it!


AwarenessIt recognizes outstanding efforts to help reduce roadway work zone accidents, injuries and fatalities. The awards are divided into these categories:

DEADLINE: JULY 18

Contractor SafetyPromotes the concept that worker safety and health is a core value of the transportation design and construction industry.

DEADLINE: AUGUST 1

Submit nominations:

Awards will be presented at the 2014 National Convention held September 7-9.

2014 ARTBA Foundation Safety AwardsApplication Dates


Federal Juristiction by Nick Goldstein

Nick Goldstein is ARTBA vice president of

environmental & regulatory affairs:

[email protected].

For the better part of the past decade, ARTBA has been actively involved in

opposing efforts aimed at expanding the reach of the United States Environmental Protection Agency (EPA) under the federal Clean Water Act (CWA). Despite the fact that the Supreme Court has twice told EPA it cannot regulate every drop of water within U.S. borders, the agency still seeks to remove any sort of limit on its regulatory powers.

There have been multiple legislative attempts in recent years to expand the jurisdiction of the CWA to include all “waters of the United States.” Each of these efforts have met with broad bipar-tisan opposition and none have resulted in new law or even a successful commit-tee mark-up. Unfortunately, instead of taking note of bipartisan opposition to expansion of CWA authority, EPA has chosen to do what Congress chose not to and has issued a proposed rule seeking to regulate every wet area it can.

The importance of this issue to the transportation construction industry can be summed up in one word, “ditches.” Specifically, roadside ditches. If the EPA is successful in stretching its authority to all “waters of the United States,” it is con-ceivable the agency would have author-ity over roadside ditches when they fill

with water, such as when it rains. This, in turn could mean it would be necessary to obtain a federal permit to either clean an existing ditch or alter a ditch under construction.

If such a scenario sounds absurd, that’s because it is. For this reason, ARTBA had consistently pointed out to EPA that roadside ditches are an essential part of any transportation project and contribute to the public health and safety by dispersing water from roadways. While current regulations say nothing about ditches, EPA’s proposed expansive view of jurisdiction could be used to regulate all roadside ditches that have common characteristics, such as a channel or an ordinary high water mark. Roadside ditches are not, and should not be regulated as, traditional jurisdictional wetlands since they are an essential part of any transportation improvement project and contribute to the public health and safety of the nation by dispersing water from roadways.

On a broader scale, EPA’s proposal would contribute to already lengthy delays in the project review and approval process by leading to more burdensome permitting requirements. Also, over-inclusive views on EPA authority are frequently used by anti-growth groups to stop desperately needed transportation improvements. Specifically, in instances where the federal government declines to require a permit, the door would still be left open for such groups to initiate unnecessary, time-consuming litigation challenging the decision.

It should also be noted that there has been significant bipartisan progress in the area of streamlining the project review and approval process for transportation projects. Members of both parties agree that transportation improvements can be built more quickly without sacrificing necessary environmental protections. The current

surface transportation reauthorization law, the “Moving Ahead for Progress in the 21st Century (MAP-21) Act,” contained significant reforms to speed the project delivery. Recently, both the Obama Administration and the Senate Environment & Public Works Committee released reauthorization proposals which continue MAP-21’s efforts at improving project delivery.

If EPA’s rule is finalized, the progress of MAP-21 and the potential progress of the project delivery reforms in the Administration and Senate reauthori-zation plans will be jeopardized. Any reduction in delay gained from improve-ments to the project delivery process will be negated by the increased permit-ting requirements and opportunities for litigation caused by the rule’s expansion of federal jurisdiction.

Finally, it is disheartening, though not surprising, that EPA’s proposed rule was published prior to the conclusion of efforts by the agency’s own Science Advisory Board (SAB) to determine what constitutes a “significant” connection between water bodies. As ARTBA understood the process, the SAB’s work should have been finalized before any regulatory efforts began. Given that EPA’s rule has already been released, ARTBA is highly skeptical that any findings by the SAB will change a rule that has already been drafted.

Comments on the EPA’s rule are due in July. ARTBA will be diligently working to urge EPA to “ditch” its rulemaking efforts and start anew after the SAB findings have been finalized, allowing all members of the regulated community to have proper input into this conversation about where CWA jurisdiction begins and ends.

May-June 201436 TransportationBuilder May-June 201436 TransportationBuilder


AEM corner

Supporting the

Highway Trust

Fund: The Time

is Now

The Association of Equipment Manufacturers (AEM), like ARTBA, supports full funding for surface transportation infrastructure. With proposals already on the table from the U.S. Senate and the administration, AEM is encouraged to see things moving, but believes grassroots support is more critical than ever. MAP-21, the current federal funding legislation for highways, expires September 30. In addition, the Highway Trust Fund is almost out of money and may go broke before the end of the summer construction season.

AEM knows that Congress will hear the voices of its grassroots constituents before it hears the voices of lobbyists, and to help Congress see the light—or at least feel the heat—AEM is committed to supporting efforts to communicate the need for funding to Congress.

That’s why AEM is offering a $500 travel incentive to eligible industry professionals who participate in one of three upcoming Washington, D.C., industry fly-ins to push for long-term federal funding of highways, roads and bridges. (If you don’t want the reimbursement, AEM will make a $500 contribution to benefit wounded warriors.)

The Fly-ins supported by this program are:

Transportation Construction Coalition (TCC) Fly-in, June 10-11

Rally for Roads organized by the National Ready Mixed Concrete Association (NRMCA), June 11

Material Industry Fly-in organized by the National Asphalt Pavement Association (NAPA) and the National Stone, Sand & Gravel (NSSGA), September 9-10

The TCC Fly-in is organized by more than 20 industry organizations, includ-ing AEM, with a direct market interest in the federal transportation programs. The TCC focuses on the federal budget and surface transportation program policy issues. TCC is co-chaired by Associated General Contractors (AGC) of America and American Road & Transportation Builders Association (ARTBA).

Industry Grassroots Action Each of these events offers an outstanding opportunity for participants to contact their elected officials, meet with them on Capitol Hill, and share with them the importance of supporting a strong federal infrastructure program.

To receive AEM support, participants only need to meet three requirements:

Attended CONEXPO-CON/AGG 2014

Participate in one of the above events and did not register for the 2013 TCC Fly-In, 2012 Rally for Roads or 2013 Material Industry Fly-In

Report back on your experience on the Hill

AEM through I Make America has set-up an online resource for industry

AEM provides trade and business development services for companies that manufacture equip-ment, products and services used world-wide in the agricultural, construction, forestry, mining and utility sectors. AEM is headquartered in Mil-waukee, Wisconsin, with offices in the capitals of Washington, D.C., Ottawa, and Beijing.

professionals to obtain more information and to register for the AEM fly-in incentive. For direct access, go to the www.IMakeAmerica.com home page/recent news.

As an industry, we all benefit from a modern, well-maintained transportation system:

As manufacturers, we need safe, modern, well-maintained infrastructure to move products to market, both within the U.S. and around the world.

Dealers/distributors and contractors who buy these products need the same infrastructure to access jobsites, move supplies, or ship products to their customers both here and abroad

Construction and maintenance of our national transportation system provides good-paying jobs for hard-working men and women who are then able to support their families and communities

In each case, U.S. jobs and our economic well-being are in jeopardy when we don’t build and maintain infrastructure at a level that keeps us competitive with other nations.

We look forward to seeing you in Washington, D.C., this June and September. Let’s work together to raise a groundswell of support for a new Highway Bill and replenishment of the Highway Trust Fund.


ADVERTISER INDEX

Promote your company’s products and services in

“Transportation Builder!”

Contact ARTBA’s Peter Embrey at 202.289.4434 or [email protected]

Check out our rates in the 2014 media kit available

at www.artba.org.

Advertise with “Transportation Builder”

“ARTBA reserves the right, at its discretion and without liability of any nature whatsoever, to reject, cancel or suspend any advertising in whole or in part, in which case any fees paid in advance shall be refunded to the advertiser on a pro-rata basis.”

HIGHWAY SAFETY PRODUCTS & RESOURCES

Trinity

www.highwayguardrail.com.................................. IFC

Mobile Barriers

www.mobilebarriers.com............................................4

Transpo

www.transpo.com........................................................ 5

Roadway Safety + Training Program

www.workzonesafety.org.......................................... 27

Briteline

www.brite-line.com....................................................34

LTAP

www.ltap.org...............................................................36

Plastic Safety Systems

www.plasticsafety.com............................................IBC

3M

www.3m.com/tss...................................................... BC

CONSTRUCTION EQUIPMENT, PRODUCTS & SERVICES

Caterpillar Inc.

www.cat.com/paving................................................... 7

Wirtgen America

www.wirtgenamerica.com........................................12

Weiler

www.weilerproducts.com......................................... 33

SOFTWARE

HCSS

www.hcss.com............................................................38

Still Using Paper Time Cards in 2014?

Cut foremen entry time in half with HeavyJob Mobile Apps and...

Reduce payroll processing by as much as 90%

800-683-3196

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InnovativeSoftware

at www.HCSS.com/ARTBASIGN UP FOR

DAILY WEBINARS

For more information, contact ARTBA Vice President of Meetings

& Events Ed Tarrant at [email protected] or 202.289.4434.

Western

Central

Northeastern

Southern

ARTBA Regional Meetings

Western: December 1-2, Tucson, Ariz.Central: December 3-4, Detroit, Mich.

Southern: December 8-9, Birmingham, Ala.Northeastern: December 10-11, Washington, D.C.

May-June 2014

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enough is enoughRoadQuake 2 Temporary Portable Rumble Strip is designed to reduce accidents

in work zones and save lives. Drivers, passengers and workers’ lives.

Contractors: Improve safety in your work zones. Let us show you how.

call us todayContact Tim Cox for a product demonstration: 216-244-3207

plasticsafety.com800-662-6338 2444 Baldwin Road Cleveland, Ohio 44104


The world has changed immensely since 3M installed the first fully reflective traffic sign in 1939, but our technology leadership and commitment to traffic safety is as strong as ever. With the introduction of such groundbreaking innovations as the first durable fluorescent signs, all-weather pavement markings and optimal performance “full cube” reflective sheeting, 3M has proven its commitment time and again to making roadways safer. We think that’s something to celebrate.

Visit 3M.com/roadwaysafety to see how far we’ve come in 75 years of traffic safety innovation.

3M is a trademark of 3M.© 3M 2014. All rights reserved.

may/june 2014 tb

Engineering

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