SHEAR BULLPalm Beach County Roofing & Sheet Metal Contractors Association

Opinions expressed in any of the articles submitted to the Shear Bull are not necessarily the opinions of the Palm Beach County Roofing and Sheet Metal Contractors Association. The Shear Bull is a forum for those involved in the roofing industry including

building officials and inspectors.

SHEAR BULL

Manuel Oyola Jr (Manny)President

George JacobazziVice President

Dennis MedagliaTreasurer/Past President

Tom ScanlonSecretary

BOARD MEMBERS •RonneyTaveras

•CoreyDaley

•BenPreston

•MarkTerlep

•JoeByrne

•WilliamKirklandJr.

Ronald A. Frano MBAExecutiveDirector

Legal CounselTrentCotney,P.A.813.579.3278

Program, Publication & WebJoeByrne561-471-8363

Representatives:ConstructionIndustry

LicensingBoardBenPreston,561-964-7987

ConstructionBoardofAdjustment&Appeals

MannyOyola561-436-5765

BuildingCodeAdvisoryBoardJoeByrne561-471-8363

2019 Officers &Board of Directors

BE CAUTIOUS OFUNGUARDED MACHINERY

Employee exposure to unguarded machinery causes over 18,000 amputations,abrasions, lacerations and crushing injuries every year. Despite best efforts toprotectfromthosehazards,somemaynothavebeenanticipatedandguarded.Evenasmallchangeinamachine’susagecanexposeyouandthosearoundyoutonewrisks.

Over 800 deaths per year are caused byworker exposure to unguarded machinery.

Thebestprotectionagainstunanticipatedrisksisaneffectivehazardrecognitionprocess. Each worker is a key player in the hazard recognition process and isexpectedto:

• Knowhowtorecognizeandinspectmachinesafeguards, andproperlyadjustthemwhennecessary.

• Anticipatepotentialhazardsbeforeoperatinganytypeofequipment. Neverassumethatsafeguardsandwarningsignswillprotectyou fromallpotentialhazards.

• Beawareofallmovingpartsandpotentiallydangerousworkareas.Never reachintomachineryifyou’reuncertainaboutitssafety.

• Beawareoftheactionsofco-workers.Ifyouseesomeonedoingsomething thatcouldbedangerous,warnthemimmediately.

• Knowhowtoreporthazards.Informsupervisors/managementassoonasyou identifyunguardedmachinerysoitcanbeproperlyaddressed.

Rob Foote is the President of Frank H. Furman, Inc. and is a deeply experienced Insurance and Risk Management Advisor to the roofing industry. Rob is an expert in uniquely crafting and managing Insurance and Risk Management programs for 124 roofing professionals.

For more information, contact Rob at: 954-943-5050, cell- 954-609-0820 or rob@furmaninsurance.com

NO DINNERMEETING

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PBCR & SMCA O�ce and Phones: 2101 Vista Parkway, Suite 4001, West Palm Beach, FL 33411

Tel: 561.655.5393 | Fax: 561.688.8807 pbcroofers.com | facebook.com/groups/269143749847473

Ronald A. Frano, MBA, Executive Director - rfrano@comcast.net

January 2016

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6:00pm

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Martin Luther King Day

CHECKLIST - SAFETY OBSERVATION

Safety Observation

For: Observation Date:

Conducted by:

Employee Name(s):

Reactions of People Adjusting Personal Protective Equipment Proper Body Positioning Rearranging Job Stopping Job Attaching Grounds Lockouts

Personal Protective Equipment

Head Eyes/Face Ears Respiratory System Hands and Arms Trunk Feet and Legs

Injury Cause

Striking Against Struck By Lifting Material Handling Caught Falling (slip & fall, or fall only) Temperature Extremes Electrical Current Inhaling Absorbing Overexertion

Tools and Equipment

Wrong for the Job Used Incorrectly In Unsafe Condition

Procedures and Orderliness

Inadequate Not Known/Understood Not Followed

Unsafe Acts Observed

Immediate Corrective Action(s) to Prevent Recurrence

Reviewed observations with (check one or more): Individual Supervisor

Manager Risk Manager

Observer Signature: _____________________

SHEARBULLJANUARY2019

IamhonoredtobeyournewPresidentfortheyear2019.AspecialthankstoDennisMedagliaforhisserviceasour2018President.TheBoardwillattempttomakethisapositiveyearforourmembers.Weareplanninganumberofmonthlypresentationsthatwehopewillbeofvaluetoallofyou.Wearereceptivetoanysuggestionsfromyouformeetingspeakersandpresenters.Wemaybeholdingourmeetingsinadifferentvenuesincethenewcontractsenttousbyourcurrent hotel requires a substantial increase inthecostofthemeetings.Wearealsodiscussing

SHEARBULLJANUARY2019

MESSAGE FROM THE PRESIDENT

2January 2016

Message From the President2016 Officers &Board of Directors

Respectfully Submitted,

George JacobazziPresident

PresidentGeorge Jacobazzi

Vice PresidentGlenn Rimpela

Michael DaleyTreasurer/Past President

Ronald A. Frano MBAExecutive Director

BOARD MEMBERS• Walt Millet• Dennis Medaglia• Mark Landis• Ben Preston• Mark Terlep• Joe Byrne• Manny Oyola

Legal CounselBob Marell of Glickman/Witters/Marell

561-478-1111

Program,Publication & WebJoe Byrne (561) 471-8363

Palm Beach County BoardRepresentatives:

Construction Industry Licensing BoardMark Landis (561) 833-9704

Construction Board of Adjustment & AppealsPeter Dzenutis (561) 844-0892 Building Code Advisory Board

Joe Byrne (561) 471-8363Construction Industry Management Council

Joe Byrne (Chairman) (561) 471-8363

I want to take this opportunity to wish all of you a happy, healthy, and prosperous 2016. It is an honor for me to serve as your President for this year. Last year, many of you showed your support for our association by participating in our monthly meetings and our other events. I ask for your support again for this year. We hope 2016 will be a very successful year for our organi-zation. This association was formed decades ago to promote our industry to the public and to assist those who are in the field. We have a preliminary calendar for 2016 wherein our goal is to make our monthly meetings, interesting, informative and a positive networking environment. In January we will have as our guests the county and municipal building officials to discuss procedures, codes and any updated information. In February we have Mark Zehnal of FRSA speaking about the FBC Energy Code. We will have in March, Trent Cotney, Esq. presenting information on Contractor Licensing, In the remaining months we will have a speaker on improving cash flow; computer security and Rob Foote for his annual presentation on OSHA and other risk management issues. We are still searching for a speaker on Green Construction issues for roofers and perhaps updates on Icynene and related products.

If you have friends in the roofing industry, ask them to attend a meeting and perhaps convince them to join our group. If they come to our meeting with the intention of joining, we will not charge them for that preliminary meal as an incentive.

Also in January, we will be give our Jim Carr Award to Walt Millet, Altec Roofing. The Jim Carr Lifetime Achievement Award is presented to a person who has brought value to the roofing industry through honesty, integrity, and service to the community; an individual who has served the public and our industry with distinction over a lifetime. We will give the President’s award to our 2015 President Mike Daley for his service to the association this past year.

facebook.com/groups/269143749847473Tel: 561.655.5393 | Fax: 561.688.8807

Ronald A. Frano, MBA, Executive Directorrfrano@pbcroofers.com

PBCR & SMCA Office and Phones:2101VistaParkway,Suite4001,

WestPalmBeach,FL33411pbcroofers.com

2January 2016

Message From the President2016 Officers &Board of Directors

Respectfully Submitted,

George JacobazziPresident

PresidentGeorge Jacobazzi

Vice PresidentGlenn Rimpela

Michael DaleyTreasurer/Past President

Ronald A. Frano MBAExecutive Director

BOARD MEMBERS• Walt Millet• Dennis Medaglia• Mark Landis• Ben Preston• Mark Terlep• Joe Byrne• Manny Oyola

Legal CounselBob Marell of Glickman/Witters/Marell

561-478-1111

Program,Publication & WebJoe Byrne (561) 471-8363

Palm Beach County BoardRepresentatives:

Construction Industry Licensing BoardMark Landis (561) 833-9704

Construction Board of Adjustment & AppealsPeter Dzenutis (561) 844-0892 Building Code Advisory Board

Joe Byrne (561) 471-8363Construction Industry Management Council

Joe Byrne (Chairman) (561) 471-8363

I want to take this opportunity to wish all of you a happy, healthy, and prosperous 2016. It is an honor for me to serve as your President for this year. Last year, many of you showed your support for our association by participating in our monthly meetings and our other events. I ask for your support again for this year. We hope 2016 will be a very successful year for our organi-zation. This association was formed decades ago to promote our industry to the public and to assist those who are in the field. We have a preliminary calendar for 2016 wherein our goal is to make our monthly meetings, interesting, informative and a positive networking environment. In January we will have as our guests the county and municipal building officials to discuss procedures, codes and any updated information. In February we have Mark Zehnal of FRSA speaking about the FBC Energy Code. We will have in March, Trent Cotney, Esq. presenting information on Contractor Licensing, In the remaining months we will have a speaker on improving cash flow; computer security and Rob Foote for his annual presentation on OSHA and other risk management issues. We are still searching for a speaker on Green Construction issues for roofers and perhaps updates on Icynene and related products.

If you have friends in the roofing industry, ask them to attend a meeting and perhaps convince them to join our group. If they come to our meeting with the intention of joining, we will not charge them for that preliminary meal as an incentive.

Also in January, we will be give our Jim Carr Award to Walt Millet, Altec Roofing. The Jim Carr Lifetime Achievement Award is presented to a person who has brought value to the roofing industry through honesty, integrity, and service to the community; an individual who has served the public and our industry with distinction over a lifetime. We will give the President’s award to our 2015 President Mike Daley for his service to the association this past year.

aBBQagain in2019with,hopefully,noredtide.Othereventsarealsounderconsideration.WehaveanewBoardmemberthisyear,BillKirklandJr.ofRoofingUnlimitedwhichaddstoouryoungergroupofmemberswhobringfreshthinkingtoourassociation.

Ilookforwardtoseeingyouatournextdinnermeeting.

RespectfullySubmittedMannyOyola,President

ICE AGE – BEST PRACTICE TIPS FOR I-9 COMPLIANCE

SHEARBULLJANUARY2019

By Natalia GoveCotney Construction Law

919 Lake Baldwin Lane, Suite A, Orlando, FL 32814407.378.6575 | ngove@cotneycl.com

In the past couple of years, the Immigration and Customs Enforcement (ICE) has been escalating worksite enforcement efforts. Just in the past few months, ICE investigations have more than doubled. Last fiscal year, ICE conducted 1,360 audits, and opened 1,716 worksite in-vestigations, and for the first seven months of the new fiscal year, ICE has already opened 3,510 investigations and initiated 2,282 I-9 audits. This increased enforcement has also been evident in the ICE “raids” that have made the national headlines. ICE raided ninety-eight 7-Eleven stores nationwide resulting in 21 arrests in January, and in June, the new Administration conducted one of the largest workplace raids, arresting close to 150 immigration violators at an Ohio plant. ICE described these operations as a warning to other companies employing unauthorized workers.

Until recently, employers were only marginally penalized for violations with civil penalties. Now the government is serious about punishing employers for knowingly hiring undocumented employees, via both civil and criminal penalties.

Workplace raids have led to negative publicity and workplace disruption, which underscores the importance of establishing appropriate hiring practices to avoid violations. Instituting proper I-9 compliance policies at a workplace is critical to employer’s protection. If any legal concerns arise, an attorney experienced in immigration should be contacted in advance for best effectiveness.

Inspection of Form I-9, Employment Eligibility VerificationIf ICE issues a Notice of Inspection (NOI), an employer will have a 3 day response window to produce hiring documentation. It is critical to respond to the NOI only after a careful review of all the records.

Best Practice Tips for I-9 ComplianceThe best practice tip to avoid violations is to establish a corporate compliance policy with respect to immigration laws before the audit, and follow the suggestions below:

• Check that all I-9 forms are correctly completed and stored for all the employees, including US citizens, green card holders and non-immigrants.

• ConductI-9self-auditsregularlytobesuretherecordsarecompleteandaccurate.

• Developandadheretointernalimmigrationpoliciesthatdonotviolateanti-discriminationrules.

• DesignateanHRpersonnelmembertoberesponsibleforI-9processesandprocedures,toconfirmI-9completion and record keeping requirements.

• I-9recordsmustbekeptonfilefor3yearsafterhiring,oroneyearaftertheemployeeleavesyourcompany,whicheverislater.Thisform is not filed with the government, but must be readily available for government inspection. It is permissible and might be helpful to store the forms electronically.

• Instituteatrackingsystemthattracksdatesofemploymentauthorizationexpiration,andhelpswithaccurateI-9dataentry and data error interception.

• Newemployeeslocatedoffsitemustfollowthesameverificationprocedures–theirI-9compliancedocumentationmustbereviewed in person by an authorized official.

• Prepareemployeesonwhattodointheeventofagovernmentauditoraraid.

The best way to avoid non-compliance is to be audit ready before the audit is on the horizon - be proactive and be safe. All employers should get in the habit of conducting self-audits to ensure compliance and protect their business.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Natalia Gove is an attorney at Cotney Construction Law who focuses her practice on U.S. business and family immigration law. Cotney Construction Law is an advocate for the roofing industry, General Counsel of PBCRSMA, FRSA, NWIR, RT3, TARC, TRI, WSRCA, and several other local roofing associations. For more information, contact the author at 866.303.5868 or go to www.cotneycl.com.

SHEARBULLNOVEMBER2018 PAGE5

JANUARY 2019 CALENDAR

January 2016 Volume 29 - 12

Opinions expressed in any of the articles submitted to the Shear Bull are not necessarily the opinions of the Palm Beach County Roo�ng & Sheet Metal Contractors Association. The Shear Bull is a forum for those involved in the roo�ng industry including building o�cials & inspectors.

Upcoming Program

Under the current administration, OSHA has dramatically increased the number of inspec-tions and citations issued to roofing contrac-tors. President Obama recently signed the Federal Budget Act (the “Act”) on November 2, 2015. A provision was buried in the text of the Act that authorized OSHA to increase the penalties for citations for the first time since 1990. Under the Act, OSHA can account for inflation from 1990 to 2015 and increase fines using a one-time increase. Modified for inflation, penalties can increase by as much as 82%. For example, the maximum fine for a repeat or willful violation is $70,000. Under the new Act, the fines could increase to $125,000. The minimum fine often assessed to contrac-tors is $7,000 for serious-classified violations. Under the new Act, that fine could increase to approximately $12,500.

The Act also allows OSHA to increase penalties every year to account for the Consumer Price Index (CPI) inflation increase. Currently, it appears the increased penalties will go into effect on or before August 1, 2016, with annual increases to start in 2017. Safety is a top priority for any roofer. However, given the rampant increase in OSHA inspections and questionable citations, this sudden and dramatic increase in penalties may have a chilling effect on construction and adversely affect many roofing contractors.

To address these issues, we recommend that roofing contractors participate in local, state and national roofing associations to lobby for changes to OSHA inspections and enforcement. Many states have also developed their own safety programs using federal guidelines and have opted out of federal OSHA enforcement. A state-centralized safety commission may have more accountability than the current federal Department of Labor.

Author’s note: The information contained in this article is for general educational informa-tion only project and go from there. Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Trent Cotney is Florida Bar Certified in Construc-tion Law, General Counsel and a director of the Florida Roofing Sheet Metal and Air-Condition-ing Contractors Association (FRSA), a member of the Palm Beach County Roofing & Sheet Metal Association, a member of the National Roofing Contractors Association (NRCA), Midwest Roofing Contractors Association (MRCA) and several other FRSA affiliates.For more information, contact the author at 813-579-3278 or go to www.trentcotney.com.

Federal Budget ActRaises OSHA Fines by 80%By Trent Cotney

Trent Cotney, P.A. - 407 N. Howard Avenue, Suite 100, Tampa, FL 33606(813) 579-3278 - tcotney@trentcotney.com

6:00 PM

GeneralMeetingWith Municipal &

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January 27, 2016

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p3. January Calendar

Updates on Building Department Procedures

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NO MEETING IN JANUARYMLK DAY