JOURNAL OF THE ASSOCIATED GENERAL CONTRACTORS OF … · The program recognizes contractors and their commitment to safe work practices through management commitment and employee involvement

CA L I F O R N I A

CONSTRUCTORJ O U R N A L O F T H E A S S O C I A T E D G E N E R A L C O N T R A C T O R S O F C A L I F O R N I A

August 2008

AGC Honors Winnersof 21st Annual Safety Awards of Excellence Program

ON THE COVER:

Published by:

FeaturesAGC of California Presents 2008 Safety Awards ofExcellence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Rex Moore’s Safety Director Named AGC SafetyProfessional of Year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Hensel Phelps Superintendent Honored. . . . . . . . . . . . . . 12

Syblon Reid Project Wins High Hazard Award . . . . . . . . 14

Unique Safety Solution Employed on High Profile Hilton Hotel Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

DepartmentsGovernment Relations:The Legislature Marches On…And On…And On . . . . . . 4

Industrial Relations:A Closer Look at Termination Grievances . . . . . . . . . . . . 21

Association Highlights:Member News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Calendar of Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Safety Corner: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27The Heat is On!

Published monthly for members ofAssociated General Contractors of California 3095 Beacon Boulevard West Sacramento, CA 95691 • (916) 371-2422www.agc-ca.org

California ConstructorThe Voice Of The Construction Industry

Publisher Kathy Varney — McGraw-Hill Construction, (206) 378-4700

EditorCarol A. Eaton — Eaton Communications

Manager, Design & ProductionJeff Kruger — McGraw-Hill Construction, (626) 932-6193

Graphic Designer/ProductionLaura Chow Verkler — McGraw Hill Construction, (626) 930-8988

Advertising/SalesSandra Brown — McGraw-Hill Construction, (800) 279-1954Maggie Hartley —McGraw-Hill Construction, (626) 932-6174Michael Moffat — McGraw-Hill Construction, (800) 851-5554

Advertising CoordinatorKatherine Culliver — McGraw-Hill Construction, (626) 932-6172

Correspondence: Address editorial correspondence to: Journal ofthe Associated General Contractors of California, 3095 BeaconBlvd., West Sacramento, CA 95691, 916/371-2422 or call CarolEaton at 707/789-9520 or [email protected] 2008

On June 10, 2008 the AGC celebrated the safety achieve-ments of contractors throughout the state with the annual safe-ty awards luncheon at the Hilton in Costa Mesa. The openingspeaker was Vicky Heza of Cal/OSHA, who described theachievements we have made by working together. With thecombination of the AGC training, awards and bulletins, andthe growing number of contractors who are making safetyequal to production and cost, huge strides have been made inthe safety of our industry.

This got me to thinking about quantifying the actual gains we have made over thelast couple decades. Digging through old files in 1990, records show we thought wewere being safe when we had one doctor’s case in 10,000 worker hours and one losttime incident in 100,000 worker hours. Let’s put this into perspective. That meansfor every five people working full time for one year, there is only one nicked finger.Contrast that to today, where the winners of the AGC awards are exceeding 100,000worker hours with only one doctor’s case and in some cases reaching one millionworker hours without a doctor’s case. That is over 50 full-time craftsmen, working afull year, without a nicked finger. It’s incredible what has been achieved, but wouldn’tit be great if we could eliminate accidents in the work place altogether! That shouldbe everyone’s goal.

Make sure you start planning now for next year’s awards. The categories include:Harry Eckstein Safety Professional of the Year, High Hazard Award, SuperintendentAward, Unique Safety Application Award, and Specialty Contractor Award. Buildingand Heavy/Civil/Highway awards are given to companies in under 200,000 workerhours, 200,000 to 500,000 worker hours, 500,001 to 1 Million worker hours, andover 1 Million worker hours. This is based on a calendar year, so start preparing nowto enter this prestigious annual AGC competition.

Speaking of preparing, keep in mind what the AGC can do for you to getprepared to maintain a safe workplace in your company. A successful safety programrequires five significant acts:

• Let people know what is expected of them• Do the necessary training• Monitor for compliance• Determine and implement non-compliance discipline• Thank and recognize individuals for safety complianceKeep in mind that this can be a culture shift for some companies, and the AGC

can help. The culture that makes safety a priority starts at the top of your organiza-tion and trickles down to your foremen and craftsmen. Check out AGC’s new website at www.agc-ca.org to find specific services that can help in your safety efforts,such as crane certification classes, training videos, safety publications, regulatoryalerts, Cal/OSHA programs and updates, recordkeeping guides, safety training andsupplies and much more. Bo Bradley, Director of Safety, Health & RegulatoryServices for AGC, heads up the AGC Safety & Health Council in which over 100safety professionals from member companies participate. These safety professionalscan provide a wealth of information to help you with safety issues.

Last but not least, do you want to save money? If you don’t have enough hours toself insure and can show a safe record, you can have the next best thing with the AGCprogram called SeaBright Insurance Partnership, where you can participate in amulti-employer self insurance program. The safety savings is refunded back to youthrough SeaBright’s aggressive claims handling, loss control and medical costcontainment.

Again please join me in congratulating all of the winners of the AGC Safetyawards. They have all learned the value of providing great safety programs anddeserve our recognition.

The high profile HiltonSan Diego BayfrontHotel, under construc-tion by Hensel PhelpsConstruction Co., gar-nered an AGC SafetyAward for utilizing aunique safety applica-tion. (See page 19 forstory.)

Cover image/renderingcourtesy John Portman& Associates andLighting Design Alliance

Associated General Contractors of California 3

PRESIDENT’S MESSAGETABLE OF CONTENTS

Creating a Culture of Safety

-Wayne Lindholm

4 VOLUME 38, NUMBER 8 — AUGUST 2008 THE VOICE OF THE CONSTRUCTION INDUSTRY

There used to be two certain things in life –death and taxes. Now we can add a third – adysfunctional Legislature. And, depending onwhere you are sitting, that may be a goodthing.

State Budget DeadlockAgain this year the Legislature deadlocked

on approving the state budget on time andcancelled the scheduled summer legislativerecess. It takes a 2/3rds vote of the Legislatureto pass the state budget and any tax increasethat might go along with a budget deal. TheDemocrats consistently advocate new taxes tofill the revenue gap, and the Republicanssupport spending reductions to keep spendingin line with revenues. This year both sides dugin their heels and waited for the other side toblink.

During this time legislative committeescontinued to meet as the legislative leaders metbehind closed doors in attempts to find anycompromise that would represent progresstoward a budget solution. As the heat index inSacramento rose to record temperatures, sodid frayed tempers on both sides of the politi-cal isle. Neither side gave any indication itwould cave in to the other’s demands.

The budget and state economy has been ina steady slide for about the last two years. Lastyear the Governor and Legislature pastedtogether a budget that postponed pensionpayments, loaned funds from special accounts,and took money from transit districts to allowthe state to keep spending more than it wasproducing in revenues. Mandates for schoolprograms, prison funding, health and welfareprograms continue to push spending require-ments higher each year, outstripping the abilityof revenues to keep pace. This is the so-called“structural deficit” that continues to widen asthe economy sputters. Patching over the prob-lem with “band aids and duct tape” just won’twork anymore. Something has got to give.

Other Legislation Still MovingAs in past years, amid all this budget talk,

the legislative process grinds on. Based on billintroductions in the 2007-2008 legislativesession, there is a need for 4,993 new laws togovern how we live and work in California.

Here is a glimpse at what is happening tosome of the legislation that impacts theconstruction industry:

Dead BillsDead for the year are bills opposed by

AGC that would have:• Imposed burdens on contractors for

verifying residency status of constructionworkers (AB 2421 and AB 2089);

• Repealed the sales tax on gasoline thuseliminating Proposition 42 funding (AB1306, SB 540, & AB 1190);

• Established a lead abatement registra-tion program with the Division of Occupa-tional Safety & Health (AB 354);

•Required hospital construction inspec-tors to be state employees (AB 2966); and

• Authorized the Franchise Board torevoke a contractor’s license for failure ofthe qualifier to pay his or her personaltaxes (AB 1925).

AGC Sponsored LegislationSome of AGC’s sponsored and co-spon-

sored bill package faced some stiff opposi-tion and will have to be revisited next year.

• SB 1337 to allow contractors to incor-porate as LLC’s faced strong oppositionfrom the California trial lawyers and willhave to be attempted next year followingdiscussions with the Senate JudiciaryCommittee and the trial lawyers.

• SB 1449 to give contractors protectionfrom late payment bond claims alsobecame stalled as we worked to gainsupport from the many subcontractororganizations that viewed the legislation asremoving a payment protection they enjoyunder current law. We are exploring thepossibility of reintroducing this legislationagain and combining it with improve-ments in the various prompt pay statutesin current law.

Still moving through the legislativeprocess are:

• AB 983, which protects a contractorfrom liability from faulty plans and speci-fications provided by public agencies (co-sponsored with the Construction Employ-ers Association); and

• AB 1352, which will protect contrac-tors from having to pay wages and penal-ties arising from liquidated damage claimsprior to a contractor’s request for anadministrative hearing (co-sponsored withthe Construction Employers Association).

Bills Opposed by AGCOther legislation opposed by AGC

still moving through the Legislatureincludes:

• AB 1698, which would requirepublic works contractors to obtain aseparate license from the Contractors

License Board in order to bid publicworks projects;

• AB 734 which maintains the “needstest” for apprenticeship programs andlimits membership on the CaliforniaApprenticeship Council;

• SB 569, which would give employees aright of action for up to four years to bringa prevailing wage violation claim againstan employer;

• SB 191, which would require all stateschool bond funded projects to operatelabor compliance programs;

• AB 2177, which would allow “GroupCompliance Officers” to access job sites toverify compliance with labor laws throughinterviews with workers; and

• SB 1717, which would increase work-ers compensation benefits for permanentdisability.

A complete Legislative Report will beavailable at the end of the 2008 legislativesession.

The Legislature Marches On…And On…And On

GOVERNMENT RELATIONSWWW.AGC-CA.ORG

By Dave Ackerman

Mandates for school programs,prison funding,health and welfare programs continue to pushspending requirements higher each year,out-stripping the ability of revenues to keep pace.

This is the so-called “structural deficit” thatcontinues to widen as the economy sputters.


T h e AG C o f C a l i f o r n i a h o n o r e dapproximately 20 companies for theircommitment to safety, handing out a varietyof awards during the 21st Annual SafetyAwards of Excellence luncheon in Costa Mesaon June 10th. More than 100 safety profes-sionals and AGC members gathered for theprestigious Safety Awards luncheon andpresentations.

The program recognizes contractors andtheir commitment to safe work practicesthrough management commitment andemployee involvement.

The awards were given in various occupa-tional categories, including Building, Heavy /Civil / Highway and Specialty, and were orga-nized by the number of work hours. AGC alsonamed several special category awards,including naming Juanita Kirkpatrick, RexMoore Electrical Contractors & Engineers,as the Harry Eckstein Safety Professional ofthe Year Award winner.

Vicky Heza, Deputy Chief of Cal/OSHA,delivered the keynote address at the AGCSafety Awards of Excellence luncheon. Shecommended AGC and its members’ leader-ship in the safety arena, and noted that jointlyindustry and Cal/OSHA have helped bringabout a decline in injury and illness ratesreported over the last few years in theconstruction industry. “Collectively,Cal/OSHA, AGC and members of the indus-try have continued to work together individu-ally, as well as in partnership, to reduce thosestatistics even further,” she said. “AGC’s role isa very vital one in terms of safety at theconstruction site. It also does an excellent jobin keeping its members informed of newregulations that affect them and oftentimes isdirectly involved in the rulemaking process.”

Speaker and presenter Doug Hirsch, VicePresident of Loss Control with SeaBrightInsurance, noted the decline in workers’ comprates in recent years, but added, “It is nevertime to rest on one’s laurels. The constructionindustry in California has seen a significantreduction in the cost of workers’ comp overthe last few years, but we believe we’ve seenthe end of the rate reductions as a result of thereforms and we will see rates for constructionbegin to creep upward. Safety efforts andeffective claims management will become

even more important now as we try tocontrol rates.”

Additional speakers and awards presen-ters at the awards luncheon included AGCof California President Wayne Lindholm,Hensel Phelps Construction Co.; AGCSafety & Health Council Chair DanSchuetz, Independent Construction; ViceChair of the AGC Safety & Health Council

Jerry Shupe, Hensel Phelps Construction;Ike Riser, Shimmick Construction; andJack Kastorff, Gregory B. Bragg and Stan-dards Board member.

AGC presented the followingSpecial Safety Awards ofExcellence to:

• Safety on a Highway Hazard Project

AGC of California Presents 2008 Safety Awards of Excellence

SAFETY AWARDS OF EXCELLENCEWWW.AGC-CA.ORG

Jerry Shute presented the 1st place award in the Heavy/Civil/Highway Division, over 1 million workerhour category to Mike Aparicio (right) and Mike Roddy (left) with Eastside LRT Constructors.

Don Adair with Swinerton Builders (right) accept-ed 1st place in the Building Division,over 1 millionworker hours category from Dan Schuetz.

Vicky Heza presented 1st place award in theSpecialty Contractor, over 1 million worker hourscategory to Marty Rouse with Rosendin Electric.

Associated General Contractors of California 7THE VOICE OF THE CONSTRUCTION INDUSTRY

Safety of Excellence Award – Syblon Reid,for the Emergency Slide Repair at AkinPowerhouse project in Pollock Pines.

• Unique Safety Application Safety ofExcellence Award – Hensel PhelpsConstruction Company for a unique scaf-folding system devised and installed for ahigh-rise project.

• Superintendent Safety Award – DanLong with Hensel Phelps ConstructionCompany

Winners and runners-up in the compa-ny worker hours categories were selectedin up to four categories and three occupa-tional divisions for 2008, as outlinedbelow.

AGC of California’s first placeSafety Awards of Excellencewinners include:

• Building Division under 200,000 workhours – Frank Schipper Construction Co.

• Heavy/Civil/Highway Division under200,000 work hours – American PavingCompany

• Specialty Division under 500,000work hours – Kroeker Inc.

• Building Division 200,001 to 500,000worker hours – Panattoni Construction,Inc.

• Heavy/Civil/Highway Division200,001 to 500,000 work hours – SyblonReid

• Building Division 500,001 to 1 millionwork hours – Hensel Phelps Construc-tion Company

Safety Awards JudgesThe AGC Safety & Health Council establishes the selection process of winners of the

Safety Awards of Excellence. Judges review and score applications individually, and theresults are sealed until the safety awards presentation. The Harry Eckstein awards are theonly ones that are decided jointly.

Judges do not review or judge applications in any category in which their company orsubsidiaries were entered. The judging panel includes companies and individuals that havereceived AGC safety awards in prior years, the Chair of the Safety & Health Council and aspecialty contractor.

This year’s panel of judges included:• AGC Safety & Health Council Chair Dan Schuetz, Independent Construction Co.• AGC Safety & Health Council Vice Chair Jerry Shupe, Hensel Phelps Construction Co.• Gena Roberts, Harbison-Mahony-Higgins Builders• Nick Cloud, McCarthy Building Company• Marjorie Boone, JoshuaCasey Training Corp.• Shelli Shephard, Epic Incentives• Wade Obermann, Swinerton Builders• Ike Riser, Shimmick Construction• Don Bradway, Monarch-Kneis• Vicky Heza, Deputy Chief of Cal/OSHA Enforcement• Jack Kastorff, Risk Control Manager for Gregory B. Bragg and Associates and

Standards Board Member• Doug Hirsch, SeaBright Insurance

Joe Leslie with CDM Constructors Inc. (right)accepted 1st place in the Heavy/Civil/HighwayDivision,500,001 – 1 million worker hours category.

Cuyler McGinley with Hensel Phelps ConstructionCo. (right) accepted 1st place award in theBuilding Division, 500,000 – 1 million worker hourscategory from Jack Kastorff.

Rodney Ainsworth with Kroeker Inc. (left) accept-ed the 1st place award in the SpecialtyContractor, under 500,000 worker hours categoryfrom Cal/OSHA’s Vicky Heza.

Vicky Heza presented the 1st place award in theSpecialty Contractor, 500,001 to 1 million workerhours category to Chris Ronco with UndergroundConstruction Co., Inc.

Carlos Crisonino of Panattoni Construction Inc.(left) accepted the 1st place award in theBuilding Division, 200,001 – 500,000 worker hourscategory from Dan Schuetz.


Rex Moore Electric’s Safety Manager Named AGC Safety Professional of the Year

Juanita Kirkpatrick, Safety and RiskManager for Rex Moore Electic, Inc., wasnamed the AGC/Harry Eckstein SafetyProfessional of the Year.

Named in honor of Guy F. AtkinsonCompany’s former safety director, HarryEckstein, the award reflects the safety knowl-edge and experience, the quality and effec-tiveness of the award winner’s companysafety program, as well as the leadershipquality and performance displayed by theindividual.

Kirpatrick has been with Rex Moore forover five years, overseeing the safety andhealth functions of the Sacramento-basedcompany that has over 600 field employeesand about 75 office employees. She has a bachelor’s degree in occupational safety andhealth, and has her construction safety & health technician certification from the Boardof Safety Professionals. Kirkpatrick is also a trainer in CPR/First Aid, fall protection,and other safety related areas.

In addition to her active involvement on AGC’s Safety & Health Council, she is theincoming president for the Sacramento Chapter of the ASSE, and a member of theNational Safety Council. She has actively assisted with a local Girl Scout chapter,providing a safety orientation for the Girl Scouts’ “Under Construction” program eachyear and introducing new generations of girls to the construction industry.

In nominating Kirkpatrick for the award, Rex Moore’s Greg Anderson said, “It isrecognized that there is not a “one-size-fits-all” solution to safety. Juanita looks for anyand all approaches to making the projects safer for all trades by developing relation-ships with our general contractors’ safety personnel, the superintendents and othertradespersons. She is the driving force behind the Rex Moore Return to Work policy,”Anderson added. “She is intent on improving the effectiveness of the company safetyprogram by aspiring to a higher standard.”

Ike Riser, Safety Director for ShimmickConstruction, presented the SafetyProfessional of the Year award to JuanitaKirkpatrick, Safety and Risk Manager for RexMoore Electric.

Bill Koponen, Syblon Reid Construction, (right)accepted 1st place in the Heavy/Civil/HighwayDivision,200,001 – 500,000 worker hours categoryfrom Dan Schuetz.

Christina Denham, Frank Schipper ConstructionCo. (left), accepted the 1st place award in theBuilding Division,under 200,000 worker hours cat-egory from Jerry Shupe.

• Heavy/Civil/Highway Division500,001 to 1 million work hours – CDMConstructors, Inc.

• Specialty Division 500,001 to 1million work hours – UndergroundConstruction Co., Inc.

• Building Division over 1 million workhours – Swinerton Builders

• Heavy/Civil/Highway Division over 1million work hours – Eastside LRTConstructors

• Specialty Division over 1 millionwork hours – Rosendin Electric, Inc.

Second place Safety Awardsof Excellence winners include:

• Building Division 200,001 to 500,000work hours – Ausonio, Inc.

• Heavy/Civil/Highway Division200,001 to 500,000 work hours – Shim-mick Constr uction Co./O bayashiCorporation JV

• Building Division 500,001 to 1 millionwork hours – Clark Construction Group

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• Heavy/Civil/Highway Division 500,001 to1 million work hours – IndependentConstruction Company

• Heavy/Civil Highway Division over 1million work hours – Kiewit Pacific Co.

Third place Safety Awards ofExcellence winners include:

• Heavy/Civil/Highway Division 200,001 to500,000 work hours – R & L Brosamer, Inc.

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Accepting second place in the overHeavy/Civil/Highway Division,over 1 million work-er hour category was Terry Wilsey with KiewitPacific Co (right).

Corey Ward, Clark Construction Group, (right)accepted second place award in the BuildingDivision, 500,001 – 1 million worker hours catego-ry from Jack Kastorff.

Dan Schuetz with Independent Construction Co.(right) accepted second place in theHeavy/Civil/Highway Division, 500,000 – 1 millionworker hours category from Jack Kastorff.

Paul Cocotis of Shimmick/Obayashi Joint Venture(right) accepted second place award in theHeavy/Civil/Highway Division, 200,001 – 500,000worker hours category from Dan Schuetz.

John Sloan,American Paving Co., (left) accepted the1st place award in the Heavy/Civil/Highway Division,under 200,000 worker hours category, from JerryShupe.

• Building Division 500,001 to 1million work hours – Harbison-Mahony-Higgins, Inc.

• Heavy/Civil/Highway Division over 1million work hours – Flatiron Corp.

AGC’s Twenty-first Annual SafetyAwards of Excellence competition wassponsored by SeaBright InsuranceCompany and the members of the AGCSafety & Health Council. Shimmick

Brent Wilcox with Ausonio Inc. (right) acceptedthe second place award in the Building Division,200,001 – 500,000 worker hours category, fromDan Schuetz.


Construction Co., Inc. was sponsor of theHarry Eckstein awards.

Winners of the AGC Safety Awards ofExcellence are now eligible to apply for theAGC of America Construction SafetyExcellence Awards (CSEA). For more infor-mation or to become involved in theprocess, please contact Bo Bradley, DirectorSafety, Health & Regulatory Services at(916) 371-2422.

Bob Brosamer of R & L Brosamer (right) acceptedthe third place award in Heavy/Civil/HighwayDivision,200,001 – 500,000 worker hours categoryfrom Dan Schuetz.

Accepting third place in theHeavy/Civil/Highway Division,over 1 million work-er hours, were, l-r, Mike Ruzek, Jeff Turner, VickyHoyt, Gade Mobley and presenter Jerry Shupe.

Dave Higgins, Jr., HMH Builders, Inc., (right)received the third place in the Building Division,500,001 – 1 million worker hours category fromJack Kastorff.

Hensel Phelps Superintendent HonoredDan Long, a general superintendent

for Hensel Phelps Construction Co., wasrecognized for his safety efforts with the“Individual Effort on the Part of a Super-intendent” safety award from AGC ofCalifornia. Long has been with HenselPhelps for 13 years and has over 34 yearsexperience in the construction industry.

During his years with Hensel Phelps,Long served on projects totaling morethan $2.1 billion and demonstrated hisdedicated safety efforts on all of them.His most current project is the largestconstruction project in Orange Countyand the first complete design-buildhospital in California, the UCI MedicalCenter Replacement Hospital in Orange. Other recent projects include the FDA Labo-ratory in Irvine, Scripps Research Institute project in San Diego, and ControlledIndustrial Facility project in San Diego, among others. His commitment to safety anddedication to put people first on project has yielded over 325,000 supervised craftworker hours without a lost time accident.

Long’s focus on incorporating safety at all levels of a project are demonstrated byfrequent safety training held on the projects, weekly tool box meetings, a team safetyaudit, incentive programs, and more.

Dan Long, General Superintendent for HenselPhelps Construction Co., (left) received theIndividual Safety Effort of a Superintendent Awardfrom presenter Doug Hirsch.


When Syblon Reid Construction contractedwith El Dorado Irrigation District (EID) toperform emergency slide repairs above theAkin Hydro-Electric Powerhouse in PollockPines, California in late 2006, even thiscompany known for its ability to providesolutions to difficult projects knew it had itswork cut out for it.

The challenges were monumental. Theyincluded starting a project in the middle ofthe winter in a remote location that offeredvery limited site access, set on 55 degree, 200foot high slopes that were difficult to standon, much less modify and operate equipmentto run on. Strict compliance with environ-mental regulations was required.

Syblon Reid’s project management team,with the support of key subcontractors, roseto the challenge, successfully planning andexecuting the difficult job safely, with no losttime injuries. AGC of California awardedSyblon Reid the Safety Award of Excellence ona High Hazard Job for the project.

The project was required due to a series oflandslides having occurred directly aboveEID’s Akin Hydro-Electric Powerhouse and

along the three mile access road in PollockPines. After initial emergency repairs the slopeabove the powerhouse was still unstable andendangered access to the powerhouse, thepowerhouse structure itself, and the safety ofEID employees operating the powerhouse.

From a safety and engineering standpoint,the project was one of a kind, according to BillKoponen, safety director for Syblon ReidConstruction (SRC).

“Being known as an “extreme contractor,”even this project presented unique safety andengineering challenges,” he commented. “A

critical success factor in ensuring the safetyof all employees on the project was theSRC craft employees placed on the projectwho are recognized safety leaders. Theirexperience and commitment to executingsafe work practices every day gave theproject team confidence in managing therisks. The SRC Project Manager, Marc

Rietema, and SRC Project Foreman, StevePhillips, did an outstanding job of plan-ning, executing, and providing safety lead-ership on a hazardous project that resultedin zero injuries.”

Environmental IssuesWorking on a 55 degree slope during

rain and snow season that also happenedto be 50 feet away from the pristine envi-ronment of the South Fork of the Ameri-can River presented difficult environmen-tal challenges. Prior to the start of the

project, Syblon Reid collaborated with theState Water Resources Control Board toensure Storm Water Pollution PreventionPlans (SWPPP) were in place to minimizesediment runoff from the project into theAmerican River. The area where sedimentrunoff would concentrate during and afterprecipitation was set up for strict contain-ment, with numerous measures put inplace to ensure that happened.

Syblon Reid contracted with EID toremove 3,000 cubic yards of unstablematerial from a 55 degree slope, installrock anchors as tiebacks for wire meshdrapery, install concrete grade beams andshot crete v-gutters providing drainagealong the slope, and install a concrete cribwall at the base of the slope to ensurestability. Additional project scope includedstabilizing slide blowouts on the singlelane access road that provides the onlyaccess to the powerhouse.

Access ChallengesThe project site lies within a steep

canyon of the South Fork of the AmericanRiver. The only access to the site is a threemile single-lane dirt road winding down tothe bottom of the canyon to the power-house and slide area. In addition to havingnumerous switchbacks and steep drop-offsnext to it, the road contained several“blow-out” areas that required stabilizationbefore off haul of materials could begin.

To ensure safety and stabilize the road-way, temporary steel plates, timbers, androck were installed to handle equipment,particularly the Volvo 35-ton articulatedloaders used to off-haul materials from thepowerhouse slide below. With only a singlelane to handle traffic, strict traffic controlmeasures were implemented to ensure onlyone vehicle was traveling on the road at anyone time. Because a single-lane roadprovided sole access, not all materials couldbe hauled safely to the project site. As aresult, wire mesh drapery required forslope stabilization was flown in by heli-copter from a nearby staging area whichrequired precise planning and execution atboth locations.

Syblon Reid Project Wins High Hazard Award

SAFETY AWARDS OF EXCELLENCEWWW.AGC-CA.ORG

Bill Koponen, Syblon Reid, accepts the SafetyAward of Excellence on a High Hazard job fromWayne Lindholm, AGC of California President.

Monumental Safety and Engineering Challenges Overcometo Complete Emergency Slide Repair at Akin Powerhouse

“What made this project successful was thatall SRC and subcontractor employees gave

their full commitment and attention every day-- many times in extreme weather and working

conditions -- to finishing the project safely.”-- Marc Rietema, SRC Project Manager


Weather Challenges Winter rain and snow presented chal-

lenges in scheduling and execution on theproject. When critical activities werescheduled, they needed to be completedregardless of weather conditions withenvironmental controls in place. To meetproject schedules employees and subcon-tractors regularly worked in adverseweather conditions while keeping safety apriority.

“There were many unusual safety riskson this project: the weather and time-of-year, steepness of the slopes andsurrounding work area, and limited accessto the site,” commented Marc Rietema,SRC Project Manager. “Being directly nextto the American River the environmentalhazards were a serious consideration. Therisks to health and safety were ever-present on this project.

“What made this project successful wasthat all SRC and subcontractor employeesgave their full commitment and attentionevery day – many times in extreme weath-er and working conditions – to finishingthe project safely.”

Site ChallengesStabilizing the slide area directly

above the powerhouse area requiredworking on a 55 degree 200 foot highslope that could only be accessed fromthe powerhouse road below. To visualize

how steep a 55 degree slope is, consider thatan Olympic ski jump is a 37 degree slopeand few ski resorts have runs steeper than50 degree – simply standing on such a slopeis difficult at best. In addition, equipment

continued on page 17


For over 75 years,REED & GRAHAM INC.has served Contractors & Developers throughout the area.We recently upgraded our facilities in San Jose toensure quality production, convenient to the entire Bay Area from one location. At Reed & Graham, we are committed to providing the right products at the right price...now and in the future.

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requires modification to operate ons lopes over 45 degrees . The firstproject phase entailed pulling an airtrack drilling rig with a two-part blockand tackle to drill and place anchors forsubsequent equipment and employeesto safely secure to while performingtheir work. To perform excavation andmovement of dirt down the slope, a D4LGP dozer with a winch was attached toa cable anchored 50 feet deep at the topof the slope. To perform the dirtremoval, the dozer was repeatedlywinched by cable up the slope and backdown again, pushing material down tothe road below where it was loaded withan excavator into articulated dumptrucks to be off-hauled. Engineered tostrict safety requirements and called“yo-yoing” a dozer, this was the mostefficient way to move material on theslope. This process was engineered tostrict safety requirements and complet-ed without incident.

Besides moving material on theslope, project conditions requiredemployees to be tied-off when workingon the slope. Work done on the sloperequiring active fall protection measuresincluded placing anchors and stabiliza-tion fabric, placing wire mesh directlyfrom the helicopter fly-in, and theplacement of shot crete for v-gutters.

SRC DeliversWith core values of safety and

exceeding client expectations, SyblonReid delivered on both as the projectwas completed on schedule with zeroinjuries.

“The Akin Emergency Slide RepairProject typifies Syblon Reid’s missionstatement, “Solutions to DifficultProjects,” commented SRC PresidentJim Hunt. “With the extreme safety,access, environmental, and schedulechallenges, this was the kind of projectwe seek out and excel at.”

Hunt added, “The major successfactors on the project were the mutualtrust and team approach displayed bythe owner, engineer, key subcontractors,and the SRC team as they came togetherto address the many challenges in a safeand economical manner. This project isa great example of what can be accom-plished when all team members sharecommon vision, values and goals.”


Soaring 30 stories above the San Diegoskyline, just south of the ConventionCenter and adjacent to the new PETCOPark, the new Hilton San DiegoBayfront Hotel will be a high profileaddition to the city when it is complet-ed later this year.

The Port of San Diego selected theteam of Hilton Hotels, PPSD as thedeveloper and design-builder for theover one million-square-foot complex.Hensel Phelps Construction Co. is theconstruction manager / generalcontractor, and the architect is PortmanArchitects in association with JosephWong Design Associates.

During construction of the project,Hensel Phelps and its subcontractorsneeded a unique solution for installingstructural support and exterior façadeat the top of the 384-foot-high hotelstructure. The height alone made tradi-tional scaffolding infeasible. The deci-sion was made to install a cantileveredscaffold system, one more typically usedin shipyards when working on the exte-rior of the ship.

This design and successful executionof this system earned Hensel PhelpsConstruction Co. the “Unique SafetyApplication” Safety award of excellencefrom AGC of California for 2008. Theaward recognizes companies that havedesigned a unique or creative system orsystems to address a safety hazard orprovides employees safety in unusualsituations.

DHC Engineering designed the scaf-fold to cantilever over the top of thestructure and drop down four scaffoldframes, while being completely tiedback to the building. The lowest scaf-fold frame hung suspended 364 feetabove the ground.

Access to the scaffold was carefullypreplanned to ensure safety to all users.A fully enclosed ladder was provided toeliminate a fall hazard, and all scaffold

planks were secured to the scaffold with#9 wire to ensure they did not blow offthe scaffold due to the wind.

The engineered drawings wererevised four times. Hensel Phelps want-ed to ensure that the drawings metapplicable OSHA requirements and that

all safety concerns were addressed. Thescaffolding was erected in seven phases.After completion of each phase, thestructural engineer inspected the scaf-fold to ensure it was installed per specifi-cations. Prior to inspection and accep-tance by the structural engineer, only thescaffolding installers were allowed on thescaffolding. Daily scaffold inspectionswere conducted by a designated compe-tent person to verify that the scaffoldwas safe for users.

During the erection and dismantlingof the scaffold, 100 percent fall protec-tion was in place. All scaffold userscompleted site specific training on thisscaffold and participated in daily safetymeetings regarding the job hazardanalysis of this system, ensuring that allcrew members were updated andreminded every morning of the safetyexpectations.

Hensel Phelps Provides Unique Safety SolutionOn High Profile Hilton Hotel Project in San DiegoCantilevering Scaffold System Employed to Safely InstallFacade At Top of 30-Story Structure

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Tom Diersbock of Hensel Phelps Construction Co.,(left) accepted the Safety Award of Excellence fora Unique Safety Application, from Doug Hirsch.

SAFETY AWARD OF EXCELLENCE


In the past there has been a directcorrelation between the economy and thenumber of termination grievances filed bythe unions in the construction industry.When the economy and work opportuni-ties are down, termination grievances areup. During these times, it is important tobecome familiar and develop companypolicies related to the “just cause” standardin order to best discourage would begrievants as well as minimize your compa-ny’s exposure to alleged unjust termina-tion grievances.

In each labor agreement there is specif-ic language requirements that employersmust have “just cause” for terminatingcovered employees. As a result of this “justcause” obligation, the burden of proof liessolely on the company to support its posi-tion for terminating the grievant, and thecompany must first present its case beforethe panel and the arbitrator at the griev-ance hearing. Generally, when deciding adischarge grievance, arbitrators use sixseparate tests to determine if the “justcause” standard had been satisfied.

Written NoticeThe first test of the “just cause” stan-

dard is written notice of the rules as well asfor the cause of termination. From thedate of hire, an employee should be madeaware and have knowledge of what stan-dards are expected of him or her from thecompany and what the discipline policy isfor any violation of the standards. Updat-ed employment and discipline policies andprocedures, complete with a list of conse-quences for non-performance and repeat-ed violations, and a signature page, willassist your defensible position and estab-lish preliminary notice. Some rules such asstealing and fighting do not need to becommunicated to the employee.

In addition, if an employee is terminat-ed for cause, an employer should providethe discharged employee a written noticeof the cause or causes for termination at

the time of discharge (along with his/hertwo checks). A written termination noticeis not only a contract requirement in mostlabor agreements, but also importantsupporting evidence, which may bepresented at a grievance hearing.

Reasonable RulesThe second test of the “just cause” stan-

dard is that the company rules must bereasonable. Does a direct linkage existbetween the rule and the effective opera-tion of the business? In other words, therules must be concerning a legitimatebusiness concerns and not concerning amoral belief of the company. Violations of

subjective rules are often difficult tosupport and defend from opinions.

Thorough,Timely & ImpartialInvestigations

Because employment decisions shouldbe based on fact, arbitrators tend to exam-ine the third and fourth tests collectively.The third test is that investigations must bethorough and timely. A case may easily belost because an investigator missed a rele-vant fact entirely, or the facts they present-ed were dated (i.e. disciplining an employ-ee for a problem a month after the inci-dent). The fourth test is that investigationsmust be fair and impartial. Both sides ofthe issue need investigation and alwaysallow the accused to present their side. Tocreate a defensible position, the investiga-tion process, and subsequently any deci-sions made, must be free from bias orpretext, and consideration must be givento mitigating circumstances.

Specific Criteria MetPassing the fifth test mandates that the

proof presented meets specific criteria.

Proof must be adequate, pertinent, recent,and relevant. Witnesses must be reliable,credible, and able to provide first handaccounts of the facts, not hearsayevidence/testimony. Any documents present-ed must be current, dated and signed.Circumstantial evidence is inadequate. Here,our level of success will be determined by ourability to present multiple forms of irrefutableevidence that validates our positions.

Consistent TreatmentFinally, the sixth test for the “just cause”

standard is an employer’s even policy of treat-ment and punishment. Historically, arbitra-tors in the construction industry will evaluate

the employer’s past application of policiesand punishment to determine if they areconsistent. Any punishment imposed mustsuit the offense and can not be arbitrary orcapricious. With this in mind, arbitratorsview harsh and disparate treatment as a seri-ous issue and are more willing to rule againstan employer in a case where they believe thedischarge was unjustified.

In conclusion, a failure to meet any one ofthe aforementioned “just cause” standardsmay constitute sufficient grounds for an arbi-trator to rule against an employer in adischarged grievance. Understanding justcause is essential in determining your defensi-ble position and minimizing the risk associat-ed with an adverse decision by the arbitrator.With all grievances not being equal, it isrecommended that members with any griev-ance, including discharged grievances, contactthe Industrial Relations Department, Northat (925) 827-2422 or South at (626) 608-5800. They can help you to clarify the issue, toprepare a case to support your interests, andto review your options.

A Closer Look at Termination GrievancesCorporate Policies Related to the ‘Just Cause’ StandardMust Be Followed to Minimize a Company’s Exposure

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Understanding just cause is essential in minimizing the risk associated with an

adverse decision by the arbitrator.

INDUSTRIAL RELATIONS

By Mark Reynosa, Field Services Manager– IR Northern California


Flatiron Construction Corp., one of thenation’s largesttransportation andinfrastructurecontractors, hasconsolidated itsWestern Regionoperations undernew executivemanagement. Thecompany haspromoted CurtisWeltz to presidentof its Western Region, effective May 1.Weltz is now responsible for the overallstrategy and management of Flatiron’soperations across California and the West.

“Curt is a recognized leader in theindustry and has made substantial contri-butions to Flatiron’s success. I am confi-dent Curt’s leadership will enable Flatironto continue to provide clients, partners,and employees with the highest level ofservice,” said Tom Rademacher, Flatiron’spresident and CEO.

Weltz, who has over 25 years of indus-try experience, joined Flatiron in 1997 asan operations manager and assisted withthe start-up of Flatiron’s Northern Califor-nia division based in Benicia. Three yearslater he served as project manager for theCarquinez Suspension Bridge. Completedunder budget and ahead of schedule, this

was the first suspension bridge built in theU.S. in 35 years. In 2003 Weltz waspromoted to president of Flatiron’s North-ern California division (formerly known asFCI Constructors Northern Division).

“There is a real opportunity for person-al growth at Flatiron,” says Weltz. “As thecompany adopts a regional model, itprovides a career path for our employeesas they move from project managers toarea and district managers. Flatironrecently promoted four individuals todistrict manager, and as we grow I canenvision eventually having as many as 10district managers over the WesternRegion.”

Weltz emphasizes that sustained successcan only be achieved through gradual andcontrolled growth. “Flatiron’s expansioninto California nearly two decades agoresulted in two highly successful districtbusinesses that now account for 60 percentof Flatiron’s overall revenue. We will baseany future growth on these well-foundedmodels already in place.”

With a sales volume of $752 million in2007, Flatiron Construction Corp. is oneof the leading providers of transportationconstruction and civil engineering inNorth America. Its core competenciesinclude major bridge, highway, and railprojects. In Canada, Flatiron also operatesas a contractor in public-private partner-

ship projects. Founded in 1947, the firm isa subsidiary of HOCHTIEF, one of theworld’s leading international constructionservice providers.

Granite Construction CEOElected Chairman of IndustryEthics Intiative

William G. Dorey, Chief Executive Offi-cer of Granite Construction Incorporated,was recently elected chairman of thegoverning body for the ConstructionIndustry Ethics and Compliance Initiative("CIECI").

Granite is one of the 13 foundingmembers of the CIECI. The CIECI is anon-profit association of constructionindustry firms whose sole purpose is thatof promoting and monitoring ethicalbehavior and full compliance with the law.Each of the founding members, includingKiewit Corporation, Lane ConstructionCompany, Balfour Beatty Infrastructures,Inc. and others has subscribed to a set ofprinciples requiring compliance based onethical values, open communications inthe industry, avoidance of conflicts ofinterest and a high level of transparency.The initiative's focus is to share best prac-tices, training and public accountability.

Flatiron Names Curt Weltz President ofWestern Region

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MEMBER NEWS

Curtis Weltz

Robert “Bob” Balliet, a Past Presidentof AGC of California and AGC of Amer-ica Lifetime Director, died on July 26 atthe age of 80.

Balliet served as President of AGC ofCalifornia in 1984 and was long active inthe association at both the state andnational level.

After attending U.C. Berkeley, heserved in the US Navy Reserves as aSeaBee chief petty officer on the islandof Guam during the Korean War. Herejoined his father’s construction

company, BallietBros ConstructionCorp, upon hisreturn, and servedas CEO of thecompany from1974 until hisretirement in 1996.

He was alsoactive in hiscommunity, and

served as president of the California GolfClub of San Francisco for two years.

Balliet is survived by his wife, Rita,and children Robert Balliet (Lisa),Martin Balliet, Denise Wallace (Steve)and Debbie Moyle (Bill), as well asseveral grandchildren, a sister and manynieces and nephews. A memorial servicewas held on July 8th in San Mateo. Inlieu of flowers the family requested thedonations be made to Sutter V.N.A.Hospice, Special Olympics or Habitatfor Humanity.

Robert Balliet

In Memoriam: Past President Bob Balliet Dies at 80


Portable Rock Crushing Services

Asphalt & Concrete Recycling YardsLos Angeles, Orange & San Diego Counties;Also in Northern & Central California Areas

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Top 10 Projects AwardsFollowing are the top 10 public project awards California last month, compliments of McGraw-Hill Construction.

Low Bidding General Contractor Project Title Apparent Low Bid Project CityAmount

WM Lyles Palmdale Water Recl Plant $ 114,116,000.00 Palmdale Stage Five Plant Expansion PHI

Tutor-Saliba Corp Pier A West / Area 2 Interim Source $ 67,360,836.00 Long BeachRemoval Action HDS2291

Coffman Specialities CA/DOT Construct the Managed Lanes- $ 60,545,000.00 San DiegoSouth Segment Unit 2 112T0924

Atkinson Construction CA/DOT To Construct Managed Lanes $ 47,420,115.00 EscondidoNorth Segment 2 112T0824

Top Grade Const, inc. CA/DOT Roadway Widening & $ 41,553,079.00 LivermorePavement Rehabilitation 04290844

S J Amoroso Construction Co Inc Science II Seismic Replacement $ 40,037,000.00 TurlockBuilding (RE-BID) 04727

C Overaa & Co Construction (SD320) (RARE) Richmond Advanced $ 31,460,000.00 RichmondRecycled Expansion Water SD320

R. A. Burch Construction Company, Inc. P-135 Upgrade Existing Magnetic $ 29,400,000.00 San DiegoSilencing Facility N68711-02-D-8076

Sinanian Dev Co Valley Region Elementary School $ 26,777,000.00 North Hills#12 5640047

Ranger Pipelines Victoria Canal Conveyance Pipeline $ 23,951,597.00 Holt& Microtunnel 105480


Susan Lohwasser’s PhotographyCentral & Southern California

209-966-5402Northern California415-567-7818

w w w.t h e b u i l d e r s a r t .c o m

August 15 Training,“OSHA 10 Hour Certification,” at National University, Sacramento

August 18Safety training,“Asbestos Awareness,” at JoshuaCasey, Anaheim Safety training,“8-Hour HAZWOPER Annual Refresher,” at Joshua Casey, Anaheim

August 21-22Training,“Microsoft Excel for Construction Personnel,” at National University, Sacramento

August 21Safety training,“Medic First AidTM Version 6.0,” atJoshua Casey, Anahiem California Construction Expo 2008 at the L.A.Convention Center, Los Angeles

August 25Training,“NavisWorks Coordination,” at Dynalectric Los Angeles, Los Alamitos Safety training,“Lead Awareness Training,” at National University, San Bernardino

August 28San Joaquin District training,“Stormwater Pollution Prevention,” at the Fresno MetropolitanFlood, Fresno

September 17-19AGC Safety & Health Council Planning Workshopin Lake Tahoe

September 18Tri Counties District Membership Meeting at F. McLintock’s Shell Beach

September 22-24Supervisory Training Program,“The IndispensableSupervisor,” at the Hilton Hotel, Orange County

CALENDAR OF EVENTS

Save the Date:AGC Fall ConferenceIs October 16-18

Plan to attend this year’s FallConference. The Fall ConferenceCommittee has planned several specialevents around this year’s “Surfin AGC”theme. Among the events planned areeducational seminars, a WelcomeCocktail reception and the Fridayreception and dinner. Optional sport-ing events will include the golf classic,bocce and croquet tournaments.

AGC’s annual meeting and boardmeetings will be held just prior to theconference, October 15-16. Watch forcomplete conference details and regis-tration information in the CaliforniaConstructor’s special Fall Conferenceinsert in September, or visit the newAGC website at www.agc-ca.org forcomplete details and online registra-tion information.


Governor Schwarzenegger activated thestate's plan for excessive heat emergenciesin response to anticipated forecasts by theNational Weather Service of temperaturesin the 90s and 100s in many areas of Cali-fornia this last month. With addedconcerns over increased levels of smokeand air pollution, the Governor directedthe Office of Emergency Services, theCalifornia Department of Public Healthand other state agencies to implementactivities outlined in Phase II of Califor-nia's Contingency Plan for Excessive HeatEmergencies.

In light of the Governor's recentannouncement, and the fact thatCal/OSHA is including Heat IllnessPrevention in its High Hazard Sweeps, it'simportant that your employees areprotected. Many contractors have alreadyreceived inspections and Regulation 3395is now among the top FIVE cited regula-tions. Don't let your company be one ofthese.

As we near and dip into the triple digitheat we hope that you and your companyare already prepared and complying withTitle 8, Regulation 3395 and Title 8,Regulation 1524 (Drinking water).Unfortunately there are companies outthere that do not have an effective HeatIllness Prevention Plan in place, or evenan adequate Emergency Response plan!This has already caused a few deaths dueto heat stroke this year.

The specific purpose standard is tolimit the exposure to employers withemployees having significant exposure tooutdoor work, with the intended effect ofprotecting employees performing suchwork from the increased risk of heatillness that can result from working with-out the environmental protections indoorworking environments can provide.

4 Actions Employers Should Take

The standard requires all employerswith outdoor worksites to take four basicactions to prevent heat illness:

■ 1. Provide training to all employeesincluding supervisors about the risks ofheat illness. The areas of discussionshould include environmental andpersonal risk factors, the different typesof heat illness and their symptoms, theimportance of hydration and acclimation,and procedures for responding to emer-gency situations.

■ 2. Provisions for providing andencouraging the consumption of up toone quart per hour of water (2 gallonsper person each day). Special attention tohydration when the work environment ishot and the employees are likely to besweating more than usual in the perfor-mance of their job. You must be able toshow your plan for having the propersupply or immediate restocking as need-ed. Documentation of when the water ischecked and refilled is one way to do thisand can be done in the daily log or aneasy to fill in daily checklist.

■ 3. The employees shall have access toshade when suffering from heat illness orbelieving a "preventative recovery period"is needed. The shade should be providedin an area that is open to the air orprovided with ventilation or cooling for aperiod of no less than five minutes. Theconstruction industry is allowed toprovide other cooling measures (e.g., useof misting machines), in lieu of shade, ifthe employer can demonstrate that thesemeasures are at least as effective as shadein allowing employees to cool.

■ 4. Develop and implement a writtenheat illness program that includes proce-dures for providing training, supplyingwater, access to shade and responding toemergency situations. This written policycan be integrated into the employer'sInjury and Illness Prevention Program.

By understanding the importance ofpreventing and responding to heat illnesson the jobsite, the employer will be ableto provide a safe work environment in theupcoming hot weather.

Drinking Water inConstruction

In regards to Title 8, Regulation 1524Drinking Water in Construction: Thisregulation has recently been revised tonow allow for other options whensupplying drinking water. The mostsignificant changes read as follows:

The employer shall take one or moreof the following steps to ensure everyemployee have access to drinking water:

A. Provide drinking fountains,B. Supply single-service cups,C. Supply sealed one-time use water

containers, or D. Ensure re-usable, closable, person-

ally identifiable containers are availablefor individual employee use.

E. Where single-service cups aresupplied, a sanitary container for theunused cups and a receptacle for dispos-ing of the used cups shall be provided.Where sealed one-time use watercontainers are supplied, a receptacle fordisposing of the used containers shall beprovided.

F. Only one individual employee shalldrink water from an individual cup orcontainer. EXCEPTION: Containershaving a drinking fountain or faucet, andcups or containers that are effectivelycleansed and sterilized between consecu-tive users may be used by more than oneemployee.

Resources AGC has an easy to use CD with a

Heat Illness Prevention Program ready toinsert into your workplace, which nowincludes a Spanish version. Please contactthe AGC West Sacramento office if youare interested in this CD at (916)371-2422 or go to the website: www.agc-ca.org to the online store to order.

QuestionsIf you have any questions regarding

these regulations please contact Bo Bradley,AGC Director of Safety, Health & Regula-tory Services at (916) 371-2422.

The ‘Heat’ is On! Heat Illness Prevention Top Safety Priority That AllCompanies Must Address

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SAFETY CORNER

By Bo Bradley

Documents

JOURNAL OF THE ASSOCIATED GENERAL CONTRACTORS OF … · The program recognizes contractors and their commitment to safe work practices through management commitment and employee involvement