Houston Construction News February 2019

Covering the Industry’s News

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The Industry’s Newspaper www.constructionnews.net H (210) 308-5800 H Volume 17 H Number 2 H FEBRUARY 2019

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Head of the class

Following fate

Jonah Lumpe, owner of JTex Welding

President/Owner Scott Robinson of Scott Drilling Incorporated

pon graduating from college, most graduates are faced with the reality of finding work. It’s not uncommon for what those young people majored in to not apply or translate to what’s out there in the real world. Bummer.

But for Jonah Lumpe, who is in his last semester at Sam Houston State, that problem has been solved because he formed JTex Welding while still a freshman. He has his own business already.

Further, Lumpe’s major is construction management. He already knew how to weld, but construction management has taught him about the construction industry: how to bid on jobs, how to read blueprints and how a project flows.

Lumpe credits the Discovery Channel and watching some of its welding

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shows as a kid as sparking (no pun intended) his interest in welding.

While a high school student, he actually started welding in his shop class. He bought his first welding gear and turned the family garage into a shop.

“It was nothing but support from my mother,” Lumpe said.

During this hobby stage, Lumpe would build barbecue pits and knickknacks for friends.

Lumpe then got a job with a waste management company, repairing the trucks. All the while, co-workers would ask him to fabricate stuff for their trucks or Jeeps. “That’s when it clicked,” he said. He thought to himself, “I can make money doing this. I can make a business out of this.” continued on Page 14

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hen Scott Robinson is asked how his career unfolded, the president/ owner of Scott Drilling Incorporated replied with, “Do you believe in fate?”

You see, Robinson’s father and uncle had once worked for a water well company after World War II.

“It was in the late ’40s that they came to Houston after growing up in Louisiana.

They went to work for a water well company in the Aldine area,” explained Robinson.

The people who hired Robinson’s father and uncle had kind of just thrown them into the mix of things, which was the old-fashioned way of doing things back then.

“I think they worked there for three to six months, decided to go on their own and went separate ways,” said Robinson.

One day, Robinson’s father was driving around the Lindale area and saw a help wanted sign for a ceramic tile setter helper. He applied and got the job.

“My dad ended up marrying the boss’s daughter, so that’s where I came from,” joked Robinson. Then in 1968 when Robinson’s mother passed away, Robinson’s father stopped working in tile.

“They worked together, so he didn’t want to do that anymore,” explained Robinson.

In the early ’70s, Robinson and his brother were drafted into the Army.

Meanwhile, Robinson’s father was traveling to his brother’s place in Magnolia to help with an old rig he bought to “start peddling around with water wells.” As continued on Page 14

A gathering place for fellowship

ob Betancourt has been in the construction industry his entire adult life, serving as vice president for a large general contractor in Houston running their special projects division. In 2001, Betancourt started Zenith Construction and has been going strong ever since, specializing, primarily in the private commercial sector. Many of Zenith’s clientele come from established relationships and word of mouth. Ninety percent of their projects are negotiated and repeat business, saying a lot about Zenith.

Named after the patron saint of brewing, Saint Arnulf of Metz, St. Arnold Brewing Company was founded by Brock Wagner in 1994. For many years, he had a vision of creating a place for Houstonians to gather.

St. Arnold Beer Garden, nestled next door to the brewery is Wagner’s dream come true. The 24,500-sf structure, which

includes a restaurant, beer garden and art car display area, was completed in 10 months at a cost of $3.6 million.

St. Arnold Beer Garden is a pre-engineered metal building with an interior restaurant and exterior beer garden. The interior is designed to resemble a church with features like dining nooks nicknamed “chapels”, groin vaulted ceilings, exposed wood trusses, stained concrete, round stained-glass windows and painted murals in each of the dining nooks by individual local artists.

The facility’s exterior is comprised of a wood deck, corrugated metal panels, gravel walks, an Art Car display area, a fountain in the shape of a brew kettle ordained with beautiful lighting and landscaping. Adding to the project’s overall uniqueness is the fact that the exterior beer garden was purposely left unfinished to look like a disintegrating buildSt. Arnolds Beer Garden

continued on Page 10

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Houston Construction News • FEB 2019

Great times for Hunton

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Honest as a Texas handshake

The new Hunton Distribution Center located at 735 FM 1959 (Dixie Farm Rd.)

t’s a great time for the folks at Hunton Distribution having recently celebrated the grand opening of their newest location in southeast Houston.

The grand opening on Dec. 11 had music, food, prizes and guests. Former Houston Texas Travis Johnson and two current Houston Texans cheerleaders were among the grand opening’s guests.

South-Belt Ellington Chamber of Commerce and Hunton’s executive team was also present for the celebration.

During the ribbon cutting of the grand opening, President and General Manager, Charlie Hunton thanked their

Charlie Hunton introduces his only grandchild, Cannon, at the grand opening.

customers for having entrusted them with their business and allowing the company to grow and build the new facility. He closed by saying, “I look forward to serving the customers we have in this area and to meeting many more.”

The new 76,000-sf distribution center is at 735 FM 1959. This new location will help service Houston’s ever-growing market. Established in 1990, this is the third location for Houston with plans for a fourth location to open in Oklahoma this year.

Hunton Distribution, a subsidiary of The Hunton Group, is distributor of Trane products and HVAC parts/supplies. –cmw

At the Dura Pier Foundation Repair office in Houston is L-R: Clemente Cardoza (production manager), Rebecca Snow (office manager) and Carter Davis (owner) standing in front of their 14 BBB Awards of Excellence.

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hen owner/operator Carter Davis got out of the navy in 1977, he initially had plans to continue his electronics training. The plans changed when he met his wife Trina. Her father owned a foundation repair company and invited Davis to come work for him to see if he liked it. About eight years later, Davis’s father-in-law renamed the company to Dura Pier Foundation Repair and turned over the reins to his son and Davis. Some 20 years later, Davis’s brother-in-law retired leaving Davis and Trina to run the company.

One of his father-in-law’s favorite sayings that stuck with Davis is, “We’re as honest as a Texas handshake.” By keeping timehonored values and treating each customer as a neighbor, Dura Pier has become one of the most trusted names in Houston foundation repair. Dura Pier offers residential and commercial foundation repair for concrete slabs and pier & beam foundations. They install bell-bottom piers and hydraulically driven pilings to raise and lev-

el single family and multi-family homes.

They install root barriers, French drains, and moisture maintenance systems.

“We repair a lot of condos and townhomes for a variety of property management associations, but nothing over 3 stories tall,” said Davis. “We offer a simple one-page Lifetime Transferable Warranty that doesn’t have any fine print.”

Dura Pier has about 25 full-time employees including Davis’s 20-year-old granddaughter who may take over for him one day. But for now, Davis has no plans of slowing down. He is adding another crew early this year and hiring another estimator.

Davis shared that he has always had heart for community service, such as being involved in a high school rodeo association. He also teaches realtors and property managers about foundation repair through lunch and learn opportunities.

Dura Pier Foundation Repair is a foundation repair contractor in Houston Texas. –lv

Houston Construction News • FEB 2019

Page 3

Creative sawdust

William Cornell, owner of Sawdust Custom Woodwork & Cabinetry

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illiam Cornell has a degree in drafting. One of his first jobs was working for a cabinet company, drawing up cabinet designs. The only problem was: he kept falling asleep at his desk.

“This is not going to work for me,” he concluded.

During the economic bust of 2008, Cornell decided to go solo and form Sawdust Custom Woodworking & Cabinetry.

Working with his hands comes naturally for Cornell. He remembers being a mere lad “when I started taking apart radios like most of us did, fidgeting with everything and intrigued as to how things were built,” he said.

Cornell loved wood shop in high school. “I was teaching the 12th graders when I was in 9th grade,” he jokes.

When he was working for another cabinet company, Cornell noticed that when he was installing or painting or touching up the cabinets that the homeowner would always talk to him about all the things they would like have made for them.

“I started collecting customers through that way,” he said. “Your name kind of gets around,” especially when a satisfied customer posts a picture of his custom piece on their Facebook page.

“The moms will call you for everything,” he said. “Your name gets around when you do quality work.”

Cornell loves being turned loose. His favorite types of assignment are custom furniture pieces that no one else has. He enjoys the challenge of learning a new carpentry technique or using a new material to produce a singular piece.

When it comes to working with clients, he’ll design the piece with their input. Cornell tells them: “Do what you like, because in the end, this is what you’re going to be looking at for the rest of your life. You don’t want to please anyone else

Houston

CONSTRUCTION NEWS

Publisher . . . . . . . . . . . . . . . . . Buddy Doebbler Editorial/Production . . . . . . Reesa Doebbler Managing Editor . . . . . . . . . . . . . Carol Wiatrek Production Manager . . . . Helen Greenwood Administration . . . . . . . . . . . . . . . . Terri Adams Account Manager . . . . . . . . . . . Dana Calonge Carol Wiatrek Lexie Velasquez

but yourself.”

When a piece of his woodwork involves other materials - like metal or plumbing - Cornell will contact his trusted agent in that field. Sometimes the metal work needs a CNC machine to cut the intricate patterns that Cornell has drawn up.

When it comes to how far his work has gone, Cornell says that he doesn’t know how many woodworkers from the Houston area can claim Africa as a client.

He made a 2 x 3 x 6-ft display case for a shipping firm who had a local office in Houston but its main office was in Africa.

The display case was for a model of one of their ships.

Cornell said that walnut is a very popular wood now. Since it’s a very hard wood, walnut is even being used for island counter tops.

Being a student of the craft, Cornell appreciates the skill of old-world woodworkers, especially old European work.

He also likes doing stuff by hand because if the machine breaks, he still needs to get the job done.

Cornell bemoans two things he sees in today’s woodworking: the newer generation relying too much on machines. “A lot of the generation today know how to do it with machines, but they don’t know how to do it with their hands.” Second, builders utilizing non-woodworkers to do wood, like having painters build bookcases and cabinets. “It happens all the time,” he said.

Be that as it may, Cornell brings his old-world love of woodworking to do, hopefully, exciting and unique wood pieces for his clients. Even if you don’t have an office in Africa, Cornell stands ready to make your item. “It’s amazing what people want,” he said.

Sawdust Custom Woodwork & Cabinetry is in Houston. -dsz

Editors

Daniel Zulli Reesa Doebbler

Contributing Editors

Melissa Jones-Meyer Ann Keil Jesse Abercrombie Houston Area Counties Harris, Galveston, Fort Bend and Montgomery counties Construction News Ltd. Home Office P.O. Box 791290 • San Antonio, TX 78279 210-308-5800 Fax 210-308-5960 www.ConstructionNews.net

AustinEditor@ConstructionNews.net HoustonEditor@ConstructionNews.net

Visit our Website to sign up for a free monthly Digital Subscription www.ConstructionNews.net The Houston Construction News (ISSN 1547-7630) is published monthly by Construction News LTD., dba Houston Construction News, and distributed by mail to construction-related companies in Houston and surrounding counties.

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Starting the year with a merge

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L-R: Jim Filipowicz and Frank Jones shake hands as the merger of their companies become one.

he energy is high at the offices of Jim Filipowicz & Associates Restoration & Construction and Cavalry Restoration & Construction as the two companies have become one.

Jim Filipowicz & Associates Restoration & Construction is a San Antoniobased company. Cavalry Restoration & Construction hails from Houston with offices in Dallas and San Antonio. The owners, Jim Filipowicz and Frank Jones, have been friends for years A couple of years ago, Filipowicz and Jones began discussing merging companies. Months later, the talks were set into motion. As of Jan. 1, Jim Filipowicz & Associates Restoration & Construction is now Cavalry Restoration & Construction, which celebrated 30 years in business this year.

“We have very similar operations.

Over the years we have had a really good cooperative relationship. We share clients, we share subs. If he can’t get to something, he’ll call me to see if I can cover it and vice versa. What’s cool about it is, our clients are different than their cli-

ents. We are not canceling each other out. I expect that our clients will be able to be better serviced in Houston, Dallas and San Antonio. It just makes sense,” says Filipowicz.

Cavalry San Antonio will be moving in with the Filipowicz operation having just added 600sf to their office space.

“Now we have good size offices, big offices in Houston, Dallas and San Antonio. We kind of have the triangle covered,” says Filipowiscz. “I really love what the possibilities and potentials are. I really just couldn’t be any happier.”

“The transition has been a lot better and smoother than I had anticipated. Our two cultures are merging quite well. It’s all good,” says Jones.

Through the merger, the company is 60 employees strong. There will be a transition with jobs in progress, but Filipowicz and Jones feel they should be totally merged in six months.

Cavalry Restoration & Construction is a general contractor in San Antonio, Dallas and Houston. – cmw

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Houston Construction News • FEB 2019

Passing down your family business

Third Party Over Actions required by written contract

Steven Bankler, Owner Steven Bankler, CPA, Ltd. San Antonio TX

Charles E. Comiskey Sr. Vice President Brady Chapman Holland & Associates, Inc. Houston, TX

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ast month we talked about retiring from your business and the succession planning it requires. This month, I’d like to focus on keeping the business in the family. Is it your dream to pass your business down to a son, daughter or another family member? Maybe your dream is for several heirs to one day run the business together?

There are ways to do it, even if some heirs are active in the business and others aren’t. The trick is to institute safeguards that maximize the probability of the business succeeding after your exit. Those details can be outlined in a succession plan that can be crafted with a professional.

Let’s discuss the following hypothetical situation: Your daughter works in the business and plays a special role in keeping the business thriving on a day-to-day basis while your son has a career outside the business. You believe that you want to pass the business to them both. However, you should consider the following first: 1. Should the daughter (the active heir) have full authority for “normal business operations” but allow the son to have input on major business decisions?

2. How will she be compensated?

Depending on the business structure, an active owner or “operator” of the business may prefer to be paid wages which may allow her to qualify for employee benefits or to take a distribution priority, which might be taxed at a lower rate due to the new Qualified Business Deduction.

3. If the two owners, then, are paid differently, will the wages and benefits paid to the “operator” be fair and reasonable?

4. When and how is the son (the passive heir) rewarded for business success? What is his contribution to that success? If he’s capable of performing services for the company and can be compensated for his efforts, can the company still succeed and incur these additional expenses?

5. Who is going to be the “controlling” shareholder? If they are both 50% owners, decisions may be stalled if there is a difference of opinion. If that happens, how do you protect the minority owner from the possible tyranny of the majority owner? Do you establish a Board of Directors to oversee the operations and protect the interest of the shareholders?

6. Sooner or later the heirs will want

to sell (maybe at retirement, maybe sooner). Is the business organized in an efficient way to maximize the proceeds of a sale? Who can make these decisions and how will they decide? Will there be a buy-sell option so either heir can buy the other out fairly?

7. Is the business protected from the heirs’ creditors? Most owners organize a business to prevent business creditors from going after their personal assets, but the reverse can happen, too.

Personal debt and divorce can complicate matters very quickly, putting the business at risk.

Then there’s this realization: What if none of your heirs want, or are capable of taking on, the business? A well-planned succession plan can cover that scenario, too. You could suggest a CEO or a management company/partner (depending on your business structure) from outside the family, with your heirs maintaining ownership. Many family businesses have found that executive leadership from outside the family is the glue that holds the business together.

These and numerous other issues need to be confronted, discussed, and included in a comprehensive exit plan. You don’t have a crystal ball but, with the assistance of qualified professionals who are knowledgeable about exit planning, your succession plan can be a safety net that can help guide the business through a successful transition.

Steven Bankler has more than 40 years of experience in the accounting industry.

Steven’s expertise lies in consulting, planning, tax, and asset protection as well as exit strategy services for closely held businesses. He also provides litigation support (both as a testifying expert witness and a consulting expert), business negotiations and estate planning. Visit www.bankler. com for additional tax strategy tips and to learn more about Steven Bankler, CPA, Ltd.

hat is one of the most common types of construction claim arising from on-going operations? It’s called a “third party over action”. As an example, subcontractor’s employee is injured on the job, makes a workers’ compensation claim, but is dissatisfied with the benefits provided. Subcontractor’s employee is prohibited from suing his/her employer due to the exclusive remedy rule of workers’ compensation, so that employee sues the upstream contractor. As the lawsuit is against the upstream contractor only, this is by definition an allegation of sole negligence. That does not mean that the upstream was solely at fault, but is the only party being sued.

Contractor’s agreement with subcontractor states that subcontractor will defend, indemnify and hold contractor harmless for injuries to subcontractor’s employees, so contractor forwards the lawsuit to subcontractor to answer and defend. Where is the coverage for this petition potentially provided? Under the subcontractor’s general liability coverage.

In a standard GL policy, subcontractor’s general liability insurance says: “This insurance does not apply to (e) Employer’s Liability, ‘bodily injury’ to an employee of the insured arising out of an in the course of employment by the insured”.

So coverage is excluded, right? But the coverage form goes on to state: “This exclusion does not apply to liability assumed by the insured under an ‘insured contract’” (a series of definitions in a GL policy). This exception to the exclusion does not provide coverage for the injury to the employee, but instead provides coverage for the contractual assumption of this risk.

What if the form instead said: “This insurance does not apply to (e) Employer’s Liability, ‘bodily injury’ to an employee of any insured arising out of and in the course of employment by the insured”?

Did you catch the change? It’s subtle, just substituting just one word – “any” instead of “the” – but hardly insignificant.

The effect is that coverage for a third party over action is no longer provided to any insured.

Not as subtle but equally devastating, many insurance companies simply delete the exception to the exclusion, again resulting in a loss of coverage for a third party over action for any insured. In either case, now both the upstream contractor and the downstream subcontractor have real problems and are headed toward litigation.

There are also two standard exclusions that may affect coverage for the as-

sumption of risk in any indemnity agreement. The first is called an “Amendment of Insured Contract Definition”, which limits coverage by referring to “that part of any other contract or agreement pertaining to your business … under which you assume the tort liability of another party to pay for the ‘bodily injury’ or ‘property damage’ to a third party provided the ‘bodily injury’ or ‘property damage’ is caused, in whole or in part, by the [the Named Insured] or those acting on [the Named Insured’s] behalf.”

The effect? Contractual liability coverage is now provided only to the extent that the subcontractor was wholly or partially was negligent. Coverage is no longer extended to the upstream contractor for its independent sole actions, again eliminating coverage for a third party over action lawsuit. This is ISO CG 24 26 04 13 and should be avoided if the transfer of sole negligence is required.

The second standard endorsement affecting the contractual assumption of liability is called a “Contractual Liability Limitation Endorsement”, and “limitation” is an understatement. This completely deletes that portion of the definition of “Insured Contract” that provides coverage for the assumption of negligence in a construction agreement. This is ISO 21 39 10 93 and is one of worst endorsements in the insurance industry.

Endorsements like these limit the coverage provided for the contractual assumption of liability in spite of what the construction agreement may require.

This may lead to the downstream party being found to be in breach of contract, for which no insurance is provided.

Charles E. Comiskey, CPCU, CIC, CPIA, CRM, PWCA, CRIS, CCM, CMIP Sr. Vice President Brady Chapman Holland & Assoc., 10055 West Gulf Bank • Houston, TX 77040 713-688-1500 Charles.Comiskey@bch-insurance.com

Construction News ON LOCATION

Nothing underwood about it

The Underwood Sheet Metal shop crew L-R: M’roco, George, Rafael, Jeff Underwood (owner), Juan and Edwin. -cmw

Valentines Day Thursday February 15

Houston Construction News • FEB 2019

Page 5

OSHA electronic injury reporting

Emerging risk—Misappropriation of pay application proceeds under a factoring agreement Gregory Franklin, Construction Litigation Attorney Munsch Hardt Kopf & Harr, P.C. Austin, TX

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he explosion of factors in the construction industry has exposed a legislative gap in the Texas Construction Trust Fund Act (the “Act”). The Texas Legislature created the Act as a remedial measure to ensure that contractors, subcontractors, and materialman are paid for their work to improve real property. The Act imposes a fiduciary duty on contractors and subcontractors who are paid directly under a construction contract. These contractors and subcontractors are trustees who must hold payments in trust for the beneficiary—the artisan, laborer, mechanic, contractor, subcontractor, or materialman who labors or furnishes material for the construction or repair of real property.

What happens when the trustee misappropriates trust funds by assigning pay application proceeds to a factoring company? What is the legal recourse for the beneficiaries? The Act provides civil and criminal penalties for trustees who misappropriate funds under the Act. However from a practical standpoint, it may be very difficult for the beneficiary to recover the funds it’s owed. Factors are often lenders of last resort for contractors who are in immediate need of capital. By the time the beneficiary files suit for the breach of fiduciary duty, the contractor/trustee will likely already be defunct.

The beneficiary will be tempted to recover the funds from the factor. Thus far, such attempts have been unsuccessful. Texas courts have been reluctant to allow the beneficiary to recover from the factor under the Act. Consistently courts have reasoned that factors do not step into the shoes of a contractor/trustee by virtue of the assignment. The Act limits the fiduciary duty to a contractor, subcontractor, or to an officer, director, or agent of a contractor or subcontractor. The fiduciary duty does not extend to factors. Nonetheless, the courts understand that this limitation frustrates the purpose of the Act. Until the Texas Legislature amends the Act to fill in the statutory gap, unpaid beneficiaries under the Act remain at risk of nonpayment when the trustee misappropriates trust fund proceeds by assigning them to factors. An amendment to the Act imposing a fiduciary duty on factors will likely have unintended consequences such as drying up funding sources for contractors who are unable to access funds from traditional sources.

However, a contractors’ ability to secure funding from a factor should not come at the increased risk to those who should be protected under the Act. At a minimum, the Texas Legislature should consider imposing a notice requirement

whereby factors are mandated to disclose pay application assignments to beneficiaries of the Act. Disclosures detailing the assignment’s impact to the beneficiaries’ ability to recover funds under the Act will allow the beneficiaries to take the necessary steps to mitigate their risk.

Consult with your lawyer prior to signing a construction contract if you are beneficiary under the Act and you suspect that the contractor may not be adequately capitalized. This will allow you to be proactive in protecting the proceeds from your pay applications. Although incorporating anti-assignment clauses for pay application proceeds may be void under Article 9 of the Uniform Commercial Code, there are other contractual mechanisms to help protect your interest. Consider incorporating a contractual provision requiring disclosure for pay application proceeds assignments. It would also be good practice for a beneficiary to require a third-party guarantor if the pay application proceeds are assigned and the contractor defaults on its financial obligations.

In summary, the Texas Legislature has not kept up with the realities of the current construction industry where contractors have increased their reliance on factors to supplement capitalization. The Act’s current statutory gaps leave beneficiaries at risk without recourse when a contractor/trustee assigns pay applications proceeds to a factor. Until the gap is closed, beneficiaries will have to be proactive by implementing contractual safeguards to help mitigate their financial risk and improve chances of recovery in case of default.

Gregory Franklin is an attorney in the Dallas office of Munsch Hardt. His practice focuses on construction litigation and his primary focus is to help his clients solve problems that threaten their business in a practical and efficient manner.

Construction News ON LOCATION

Mosaic wonder

Keystone Tile employees L-R: Kay Kemp, Luis Bustos and Sierra Samora in the Keystone showroom. –cmw

Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX

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n 2017, OSHA began collecting OSHA 300A data from employers that are required to maintain the OSHA injury illness log and have 20 or more employees. Employers in certain NAICS codes who must submit data electronically are listed here: https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.html OSHA is currently accepting OSHA 300A submissions for calendar year 2018 data. March 2, 2019, is the deadline for electronically reporting your OSHA Form 300A data for calendar year 2018. OSHA began collecting electronic submissions on January 2, 2019.

OSHA is only accepting the OSHA 300A Summary of Occupational injury and Illnesses data. OSHA is not collecting the OSHA 300 log data or the OSHA 301 data, as was initially proposed in the changes to the recordkeeping rule in 2016.

OSHA has published a Notice of Proposed Rulemaking (NPRM) to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report The online reporting injury tracking application can be accessed on the OSHA website at: https://www.osha.gov/injuryreporting/

OSHA requires employers with more than 10 workers in certain industries to maintain the OSHA 300 injury and illness log and record their occupational injuries and illnesses. At the end of the calendar

year, employers total the columns on the OSHA 300 and prepare the summary form, the OSHA 300A. The OSHA 300A form does not include the injured worker’s names, but does include the total number of cases, the total number of days away and restricted days, and the total hours worked by all employees. The records must be maintained at the worksite for at least five years. Each February 1st to April 30th, employers must post a summary of the injuries and illnesses recorded the previous year. Also, if requested, copies of the records must be provided to current and former employees, or their representatives.

OSHA has downloadable versions of the OSHA recordkeeping forms at: https://www.osha.gov/recordkeeping/ RKforms.html

If an employer is unsure whether an injury meets the criteria for entry on the OSHA 300 log, a handy web application was developed to walk employers through the process: https://webapps.dol.gov/elaws/ osharecordkeeping.html natarajan.joann@dol.gov 512-374-0271 x232

Sprays for days

L-R: Polymeric Spray Foam and Coatings’ President Ryan Snider, his sister Leah, his mom Myra, his brothers Jay and Reid Snider.

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or reasons that he still can’t explain today, Ryan Snider left high-paying oil field work alongside his dad, Bob Snider, to work for an Austin spray foam insulation company. The spray foam insulation bug bit Ryan after he witnessed one of his co-workers start his own business in the trade. The bug must have bitten Ryan hard. Nearly 20 years later, he is president of his own company, Polymeric Spray Foam and Coatings LLC. Not that any of it was easy. Ryan’s brother, Jay Snider, and Bob helped him launch the business in 2015 and run it, but there were challenges.

“When I started the business, I had zero customer base but had knowledge of the equipment, the process of how to apply it,” Ryan says. “It was tough going door-to-door to get sales. Once we started getting sales, we had to train people, build up a business around that and keep feeding it. I was the salesman, the applicator, the quality control, the purchasing agent, and the janitor – all of the above. Luckily for me, I had my

brother’s and father’s support and we wouldn’t be where we are today without my brother. He really took control of the field and took our quality to a level where we are getting repeat business. We started getting commercial work, which we pulled off for bigger commercial companies and they were impressed.

That led to more work and Fort Hood contractors started calling.”

Fifteen employees help Ryan tackle the projects coming their way, and are also helping him as he expands the company’s services.

“We’re getting into concrete leveling and soil stabilization using polyurethane,” Ryan says. “That’s where we want to go. I want to grow and continue to provide quality workmanship and service to a good commercial, military and industrial base and to diversify to other forms of plural component industries.”

Polymeric Spray Foam and Coatings in Houston offers open cell and closed cell spray foam insulation for commercial, industrial and military projects. –mjm

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Houston Construction News • FEB 2019

Dean Stevens

Owner Southwestern Paint and Wallpaper Company Inc. Houston, TX

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ean Stevens has a story that keeps on turning pages after 22 years. His place in the construction industry was well earned and he had no idea it was going to happen the way it did.

Let’s start with where you were born and raised.

I am a native Houstonian. I was born and raised here in Houston, TX. What was your childhood life like?

It was good; I grew up close to south Houston living in the same house my whole life. We went to one elementary, middle and high school. We never moved around a lot.

What did your parents do that allowed you to stay in one place?

My father was a construction worker for underground utility construction. My mother was a stay at home mom. My father raised me after the age of 12.

Do you have any siblings?

I have two sisters, one older and one younger. I am the middle child.

What were some family activities as children?

I’ve always enjoyed the outdoors. My father did too, so a lot of fishing and hunting.

Did you continue your educational background after high school?

I did attempt to go to college at San Jacinto College for half a semester. It was tough to [afford cost of living and pay for school].

When did you initially start up within the construction industry?

In 1997, I got a job working at Southwestern Paint Company in the warehouse sweeping floors and unloading trucks.

Who introduced you to that opportunity?

At one time my great uncle owned Southwestern Paint. I didn’t know him very well, but I ran into him at a family Christmas party and he began to ask me what it was that I was going to do after my senior year in high school. I told him I was planning on going to college at San Jacinto and was looking for a job to pay my way through school and feed myself at the same time. My great uncle tells me that he owns a paint store, which I didn’t know, and then he asks me if I would be interested in working there. At that moment I was excited about the opportunity, but I did not have a vehicle at that time. So, we visited a little bit and he tells me that he has a pick-up truck that he was willing to give me, granted I pay him back through my weekly paychecks. So, he gave me the truck and I started working in the warehouse.

What model of pick-up truck was it?

It was a red 1990 Ford F-150.

What happened next?

About a year after I started working there my great uncle retired from the business and sold out to his partner at that time. [After my great uncle retired] I stayed working for his previous partner and new owner named Frank Orsak.

What was the turning point in your career? When did it happen?

Shortly, [after continuing to work there], I realized I was not making enough money to afford school and [cost of living].

I had to quit school and the original plan was to save some money and go back to school. Then I started working full time at the paint store and was making slightly above minimum wage. I was a sponge just learning anything I could every time there was an opportunity. It didn’t take long for that to be noticed by the owner.

Orsak and I started building a work relationship and a personal one. Slowly, but surely I was given opportunities over the next seven years. Around year 10, I was beginning to get some job offers and looking at other opportunities. I got married and wanted to start a family, so I sat down with Orsak and talked to him about what his succession plans were and what I was going to have to do to make a career out of this. We started to verbally go over where he was at and he basically said, “I like what you are doing, but here’s what I need you to do,” and I did, as far as taking over the bookkeeping and business side.

As I started learning the business side, we started making it to where instead of him working five days a week, he could work three days a week.

At about year 12, he mentioned that his son was thinking about getting into the business and asked if I would be interested in partnering with his son. Long story short we sat down and talked about it and made a deal; his son and I are 50/50 partners in this business. We bought the business from his father [Frank Orsak] in 2012.

Construction News ON LOCATION

L-R: Ava, Dean, Chante and Allie Stevens (bottom)

Did you ever see yourself as a business owner?

I did not. I wanted to do better financially; I did not see that turning into being a business owner. I’ve always been a hard worker with a good work ethic.

Since meeting Chante and having my work, my entire life changed. So, we don’t travel a whole bunch, but we definitely leave the state a few times a year; sometimes it is work-related or for pleasure.

Who was your mentor?

As far as mentoring me businessand industry-wise, it was the previous owner, Frank Orsak. On a personal level my father is by far my biggest mentor.

What are your favorite family activities?

I am a pretty laid back person. I really enjoy spending one on one time with my kids. I like to take my kids hunting and fishing. As well, the activities that [my daughters] enjoy. One of my daughters plays volleyball and I like to go watch her play. My other daughter is more into different types of dance and I also like to see her perform. The satisfaction and growth that they are getting out of that is satisfying to me.

Are there any future plans for the company?

In early 2019 we will be opening up our sixth location down on Galveston Island.

Now can you tell us about your family?

Are you married?

I’ve been married to Chante for 13 years. We have two daughters, Ava, 11 and Allie, 9.

What is the love story between you and Chante?

She is super supportive; she knew what she was getting into when she married me. I am very passionate for the outdoors and I like to do my hunting and fishing. So, we dated for probably three years and she was happy with me being happy and I figured I had to keep her at that point. She’s honestly the nicest person I’ve ever met. We got married and we’ve had a great relationship. We love our kids and she is a great mom.

Are there any fun facts about you and Chante?

Her story is much more exciting because she has lived all over the world, Singapore and Greenland [to name a few].

We were total opposites; I don’t think I ever left the state of Texas until I was 20 years old. She had pretty much traveled the entire world by the time she was 15.

Do you travel now?

What are your hobbies and interests?

I hunt and fish more than the average person. I don’t enjoy canned hunting. I like it to be a challenge so, for example, if I am deer hunting I am more about the age of the deer or the story of what took place that classified it as a trophy.

Are there any goals you’ve set for yourself this year?

I always have business and personal goals; [my goal] business-wise is to continue to have slow and steady growth.

Personal goals are to balance my time and make more time for my family.

What is one of your keys to success?

It’s not me. I am truly blessed to be surrounded by a great team of employees and customers. They are really what makes everything work! We are honest with them and treat them as we would treat family and I think that is the main key.

Southwestern Paint and Wallpaper Company Inc. is a supplier in Houston, TX. –lv

Construction News ON LOCATION

Operation readiness

Not taking business for granite

L-R: Champion Plumbing Services’ Randy Smith and John Simmons take a moment to visit with Construction News while waiting to pick supplies at AC Plumbing Supply. -cmw

Distribution & Sales Manager Tim Carmichael visits with Construction News at Einstein Tile & Natural Stone Depot. -cmw

Houston Construction News • FEB 2019

Page 7

New for 2019 is the addition of Shimano and G-Loomis to the sponsor list of Steve Schultz Outdoors. These companies have been around the fishing industry for many years and are considered the cream of the crop. Shimano has what this writer/captain believes are the best reels on the market, by far. They’re selection of baitcast reels is so diverse, there is a reel for every application and every price point. They also have the smoothest and most durable spinning reel on the market that holds up to the harsh saltwater conditions we face. G-Loomis also came aboard and offer some damn fine fishing stix. I am honored to have them on my boat with some of my other key sponsors like Fishing Tackle Unlimited and ForEverlast Fishing Products. Looking forward to fishing with all my fine customers and letting them try these fine products for the 2019 season.

My 2019 fishing calendar is now open. Don’t hesitate in booking your fishing trips because my dates usually go pretty quick, especially during the more popular months. To schedule your next bay fishing trip or hunting trip give Capt.

Steve Schultz a call at 361-813-3716 or email him at SteveSchultzOutdoors@ gmail.com.

Good luck and Good Fishing.

Staying focused: Key to success

by Capt. Steve Schultz Sponsored by: Waypoint Marine, Shoalwater Boats, Evinrude Outboards, Fishing Tackle Unlimited, Shimano Reels, E-Z Bel Construction, Costa Sunglasses, Simms Fishing, ForEverlast Fishing Products, PowerPro, Interstate Batteries, MirrOlure, JL Marines Power-Pole, AFW and AFTCO Clothing.

W

inter fishing can be both agonizing and rewarding. It takes a special dedication to wake up on a cold winter morning, get out of a warm bed and prepare yourself to brave the harsh elements on the water for a chance to catch a fish or perhaps even get a bite. February is considered to be one of the coldest months here on the coastal bend. Grey skies, stiff north winds and sometimes light mist can makes this captain wonder if a nine to five job isn’t a better option. Not a chance!!! I live for days like this because the rewards far outweigh the displeasures.

Every angler knows that the winter months yield some of the biggest speckled trout of the season in the Laguna Madre and Baffin Bay complex. I’m not saying that’s the only time we catch trophy quality specks. However, they really tend to weigh more than midsummer and fall fish. However, the trophy is in the eye of the beholder. Many avid anglers talk about 30-in. trout being a trophy.

Yes, I agree on this unless I have a client that catches a 28-in. or 29-in. trout that has never caught anything close to this size, and deemed his personnel best. To me, that’s truly a trophy in his case. I’ve fished with may clients that regret mounting their first trout that fell a little shy of the 30-in. mark. It’s your fish that will hang on your wall, so it’s your call.

Enough said!!

This time of the year you can expect to catch quality fish on lures like this 27” speck.

Staying focused and having confidence in your plan is key to your success.

This trout was released after photo by Steve Schultz Outdoors.

For the remainder of January and the month of February, I certainly will be keying on catching some of these big girls.

Typically, these days are long, especially on colder mornings where it can take several hours for water to start warming up enough to get these fish motivated to

eat. Every cast of your lure on every wade can produce a bite that might be the fish you are looking for. Some days we may have to grind it out more than others but that’s part of the game. Staying focused and having confidence in your ability is key to your own success.

Page 8

Houston Construction News • FEB 2019

Ken Milam’s Fishing Line Since 1981, Ken Milam has been guiding fishing trips for striped bass on Lake Buchanan in the Texas Hill Country, You can hear Ken on the radio as follows: The Great Outdoors: 5-8 am Saturday on 1300, The Zone, Austin and The Great Outdoors: 5-7 am Saturday on 1200 WOAI San Antonio The Sunday Sportsman: 6-8 am Sunday on 1300, The Zone, Austin All on iHeart Radio

Here comes spring time!

C

an you feel it? That sweet little warm breeze on sun warmed skin, the excited twitters and chirps of the birds beginning to move back in and call for mates and the evening sunsets coming later mean winter is losing its grip and spring is near! We will still have a few more cold spells to come, but they won’t bite so much or stay as long.

We are in for a wonderful spring this year. This is one of those increasingly rare years when there has been plenty of rain to fill lakes, restore rivers and ponds and periodic continuing rain to nourish the wildflowers to maturity. Any day now you can see a few bluebonnets in more protected areas start to bloom, leading off the parade of color to come.

Now I’ll cut to the chase. It’s going to be a BUSY year for travel and recreation this year in Texas and you better be making any reservations for trips you want to make this spring and summer NOW! Spring break is coming soon and that is usually the kick off for people to start getting out and about again.

Your recreational time is precious and it’s worth it to invest a little time and planning to make the most of it! It might be a good idea to be sure your vehicle and trailer and other such equipment are up to snuff too. You don’t want down time or extra unexpected expense when you could be getting away from it all!

Do remember that springtime in Texas can be a bit of a wild ride sometimes.

The only bad thing about spring is that the weather can do some crazy things and it doesn’t care what you have planned. You can plan for the best, but it never hurts to also learn about alternate activities in an area you want to visit, just in case the weather has a hissy fit. Most guides and outfitters will do what they can to accommodate you, but if they tell you that conditions are just too windy or rough or unsafe and unproductive, you need to trust their judgement. Chances are they have been caught out in weather like you never want to experience and they hope to never see again!

Springtime in Texas is time to get up and go! Hope to see you soon!

Looking forward to sprink break

We usually see our regular customers start to book cabins and trips right after the first of the year because they understand getting on the books early for the best availability of dates. This applies to everything from hunting and fishing guides, to lodging, space in the parks and just about anything you want to do.

If you are the do-it-yourself type, you

need to get ready too! Don’t wait until you try to unload your boat at the ramp to discover it won’t run. Don’t learn you should have respooled your reels with new line when you hear your line snap as you lose a nice fish. You have some time to get the boat checked out and tuned up as needed before the rush and a good excuse to go tackle shopping.

Ken Milam Guide Service (325) 379-2051 www.striperfever.com

Houston Construction News • FEB 2019

Page 9

L-R: Reagan Swinbank, Owner of Sprint Waste Services and Edmund Noel, President of Memorial Cabinetry, deer hunting in South Texas during the 2018-19 season.

t t

Edmund Noel President of Memorial Cabinetry Cold day on the water!

Port O’Connor in January.

Page 10

Houston Construction News • FEB 2019

continued from Page 1 — Zenith Construction ing as it faces the downtown skyline.

The construction team worked well together, and was made up of the owner, Natalye Appel + Associates Architects, Project Manager Joey Newman, Project Superintendent Paul Rainer and various consultants. Everyone was focused on the common goal of completing the facility on time and utilizing the best materials and design that fit in the owner’s budget. The beer garden now offers a festive facility for patrons to gather.

“The project has been very successful. Everyone that I have talked to who has been to the beer garden raves about it,” says Betancourt.

Zenith Construction is a full-service general contractor in Houston, TX. -cmw

W hat’s Trending in Cabinetry

Things to consider before making cabinet decisions Edmund Noel

A Interior view of St. Arnolds Beer Garden

s with all aspects of construction, each year we start seeing new market trends in cabinetry design involving everything from materials to finishes to hardware. Changes in cabinetry trends evolve at a slower pace than other areas like color trends but are yet identifiable. Due to the investment involved with cabinetry, many property owners don’t plan on altering their cabinets every few years in order to stay current. It is our responsibility as cabinet manufacturers to stay up to date on what is happening in the current market in order to provide our clients with long lasting designs. These are some recent areas we have seen changes.

New Design Construction With new cabinet design software programs, many cabinet companies can offer design options that were once only provided by larger companies and design firms. For example, we have been asked to customize drawers that fit specific printers, cabinets built around machinery specifications, and custom appliance pull outs. All of these customizations are not only for residential clients but also commercial clients. It is an excellent way for companies to effectively utilize their space while keeping the style of the cabinets in line with the overall aesthetic of the project. Additionally, many aspects of residential cabinet design can also be seen in commercial cabinetry.

This is evidenced through the market trend of creating furniture style pieces and combining these with the utilitarian aspects of typical commercial cabinets.

The key being bringing in an elevated sense of finish with a higher customization at minimal expense.

clean lines, are also finding their way back in to modern residential kitchens. To complement this cabinet style, minimalistic hardware like hidden hinges and thumb pulls are being used. This clean line aesthetic is trending not only for cost conscious clients but for high end contemporary homes as well.

Forefront of Color Color trends are ever changing in de-

sign. Warm natural colors are being used more frequently in place of cool greys.

Additionally, dark and heavy wood tones have made way for medium tone stains to add a modern feel to professional environments. Subsequently, this has changed the materials and finishes of the countertops and hardware. The current warm color palettes are allowing for the use of different metals, like brass in place of nickel, as well as a variety of quartzes in place of grey and white marble. The cabinet hardware is as important to your finished look as the paint color. Recent years have seen a resurgence in brass fixtures and hardware. This is not the old shiny brass from the 1980s, but instead is reminiscent of classic architecture seen throughout Europe, filled with unlacquered brass that patinas with age. The classic feel of unlacquered brass, combined with current color trends allows for a long-lasting design.

Although changes in trends may seem overwhelming, utilizing new technology to create custom cabinets to fit one’s specific needs will always result in a timeless product. Colors and hardware will evolve and change but functionality for the end user never goes out of style, so we believe it is essential to build cabinetry that can withstand the test of time.

Clean lines for Sophisticated Products Commercial cabinetry has always taken a more modern approach, utilizing frameless design and high performance formica or melamine products. Residential construction has seen a recent resurgence in this aesthetic in kitchens and bathrooms. Where we were once doing lots of ornate columns and crown molding, there are now simple shaker doors and inset cabinets. The use of Formica and Malamine, with their durability and

Author Edmund Noel is President of Memorial Cabinetry in Houston Texas. Memorial Cabinetry specializes in custom cabinetry for commercial and residential builders. Their design department and manufacturing facilities utilize cutting edge software along with time tested construction techniques to provide a superior product.

10801 Hammerly Blvd., Suite 118 Houston, TX 77043 832-453-2366 edmund@memorialcabinetry.com

Houston Construction News • FEB 2019

Page 11

THIS TH MON Jan: Construction Forecast Mar: Construction Education May: Concrete Industry July: Electrical Industry Feb: Construction Safety Apr: Women in Construction Jun: HVAC & Plumbing Aug: Service Providers

Education meaningless, if not applied Houston, TX

A

uston has dedicated his career to the Height Safety industry since 2001. He is the Managing Director at Checkmate Lifting & Safety located in the United Kingdom. Checkmate is the UK’s leading innovator, designer, manufacturer and trainer of lifting and height safety equipment. He served as the Chairman at Lifting Equipment Engineers Association (LEEA) and the Technical Committee Chairman supporting and developing Technical Guidance Notes (TGN) at Working at Height Safety Association (WAHSA). His passion for product development is reflected by his involvement/leadership with more than 70 patents ranging from basic soft goods to the more complex engineered products.

What is on the horizon for construction safety?

Much deeper integration of technology into jobsites, from equipment inspection and asset databases, to calculators designed to help select the proper equipment for a given hazard. Mobility

and interconnectivity via the Internet has also increased the demand for online training that is dynamically responsive to changes in the industry and other best practices. The regulatory standards changes we’ve seen in under a decade are simply astonishing – and all for the better.

What is new in the way of safety apparatuses and equipment?

We are making significant advancements in low fall clearance applications.

Safely arresting a fall is much easier when you have plenty of room below the worker. Arresting falls from a lower level requires balancing a short arrest distance with safe arrest forces (among other things), which taxes engineers and equipment to the max. This condition is doubly complex with leading edge self-retracting lifelines (SRLs) and foot-level anchor tie-offs due to the increased amount of free fall permitted.

Also, our understanding of post-fall

Putting the wheels of safety in motion Lisa R. Robinson, CFLE Senior Program Manager National Safety Council Austin, TX

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oo often we read stories like these: On Oct. 9, a construction worker was killed and another critically injured after a steel beam fell 30 feet and hit them while they worked in suburban Evanston, IL. Later that same month, a worker died after a wall collapsed on him at a New Jersey construction site.

On a typical day, 12 people die from preventable injuries in the U.S. while doing their jobs. Countless others are affected by these losses, including coworkers, friends and loved ones.

Let’s examine causes of some incidents and discuss safety solutions. In the construction industry, about 1,000 workers have died and another 80,000 have been injured each of the last three years, according to the Bureau of Labor Statistics. Construction sites can be dangerous, in part because of machinery and motorized vehicles.

From 2015 to 2017, Bureau of Labor Statistics data indicates an average of 2,440 construction workers were hurt in roadway incidents and an average of 251 were killed in motor vehicle crashes each year. According to the National Highway Traffic Safety Administration, more than 90% of crashes are the result of human error. The most common errors include missing road haz-

Sept: Green Building Nov: Architecture & Engineering Oct: Specialty Contractors Dec: Construction Equipment

rescues continues to increase as we develop new methods, tools, and techniques to effect rescues from any possible situation. Ascenders/descenders, SRLs with recovery functionality, and remote attachment devices are all under constant refinement.

Oliver Auston, Chief Innovation Officer Pure Safety Group

What is the most significant safety challenge in the construction industry?

In a word: education. Safety itself is largely meaningless when workers are not aware of potential hazards or don’t have the means to protect themselves or their workers from those hazards. Raising the safety education of all workers will likely be the biggest challenge companies will face over the next decade.

Hand-in-hand is imbuing workers with the idea that jobsite safety is not someone else’s responsibility – it is their responsibility – each worker, day in and day out. Safety must be as necessary as the hammer to the builder or the pen to the architect.

CONSTRUCTION SAFETY

ards or detecting them too slowly; choosing the incorrect defensive driving action; and driving in a distracted or altered state, such as having inadequate sleep, being distracted by a phone or driving under the influence of drugs or alcohol.

Employers of all kinds are impacted by driver behavior, which is best addressed through ongoing education and training efforts. All employees should receive the same training and education.

Data tells us that those who occasionally drive as a part of their job die in crashes at higher rates.

Backing up, coupling vehicles and uncoupling vehicles are three common hazards truck drivers encounter. Safe backing starts by setting a G-O-A-L: Get Out and Look. Do a 360-degree walk around the vehicle. Never back up unless you have to, and eliminate unnecessary backing by planning your departure upon arrival. Park in areas where you can

How does construction safety impact a company?

Proper safety practices protect a company’s most valuable asset: its people. It might be better to view this through the lens of how a lack of construction safety impacts a company – the impacts then become immediately apparent. Too often, a safety program is seen as a financial drain, or an inconvenient regulatory hoop to jump through – it is neither. A safe workforce is a productive workforce, and investment in up-todate safety programs should be as essential as the latest tool or other technology.

What can be done to increase safety awareness?

Increasing safety awareness should be seen as a continuum, not a series of disparate events interspersed over the course of time. The only way to achieve this is to make safety part of every moment of every day. In addition to proper formal education, an excellent trend we see are daily pre-work safety meetings which allows safety managers to issue reminders, introduce new procedures, or to discuss other safety-related events.

What are the major risks in construction?

The current low levels of true competency-based training must be addressed. Without increased education across the board, nothing changes, and

pull out going forward.

Also, watch your mirrors and use a spotter. Remember, today’s vehicle technologies are meant to assist drivers, not replace them, and rear-view camera lenses can become obscured.

In some ways, construction site drivers are no different than the rest of the driving public, but there are inherent risks that come with their jobs. A variety of motorized vehicles operate on construction sites, and this fact alone can raise the risk of incidents.

Most construction incidents involve the “Fatal Four.” In 2017, while construction workplace deaths and the industry’s fatality rate declined, Bureau of Labor Statistics data shows 389 construction workers were killed and 24,160 were injured in falls, slips or trips, historically the leading cause of construction worker deaths. If you are working at 6 feet or higher, you need fall protection. Conduct regular safety training sessions and develop rescue plans. Strictly follow guidelines to prevent falls from elevations, making use of harnesses, lines and safety nets. Eighty-five construction workers were killed when struck by an object, including falling objects and equipment.

Another 17,890 were injured. Inspect power tools and be sure protective guards are in good working condition.

Steer clear of nail guns and their sightlines to avoid risk of taking an inadvertent hit.

Seventy-one construction workers died and another 360 were hurt from ex-

www.constructionnews.net publishing the industry’s news

that is perilous for our workers and the industry at large. Falls from low-level structures continue to be overlooked, when in fact they represent the most dangerous type of hazard due to the prevalence of work at lower levels – not everyone works on a high-rise. Leading edge hazards also remain a challenge.

The amount of information regarding leading edge hazards, while growing, is still behind where it needs to be.

Additionally, the idea of profit ahead of people is as much a potential harm as any physical risk. You can’t raise safety awareness and reduce physical risks to workers when you are unwilling to invest in the very things needed to do both.

Companies often hyper focus on a direct dollar-for-dollar ROI without considering the value of the humans doing the work – this needs to change.

What kind of safety training is available?

We have a suite of instructor-led theory and hands-on classes from authorized and competent persons to confined space entry and rescue. The online training space is also growing as technology allows us to make classes available in places where physical classrooms don’t exist or to people who are unable to travel.

Sadly, training still tends to be too reactive and not proactive as it should be.

We often see greater interest after tragic events or serious fines – both of which can be largely prevented when safety takes a priority. There’s a lesson in that, I think.

Pure Safety Group is a provider of fall protection equipment and training based in Houston, TX. -cmw

posure to electricity. Provide education on potential hazards. Develop safe work practices and make use of insulation, guarding, grounding and electrical protective devices.

Sixteen construction workers were killed and 3,200 were injured after being caught-in or compressed by equipment or objects. Be familiar with equipment.

Shut down equipment before performing repairs. Use chock wheels on equipment that could move or roll. Never work under equipment.

To further ensure construction site safety, be sure employees are outfitted with proper equipment, including brightly colored clothing and protective eyewear. Officials at several companies have shared with me how they require new employees to wear a different color of hardhat for a period of time. This allows others to identify them and enables peers to assist in their safety training and education.

Just like the rest of us, construction workers deserve to make it home safely – every day.

Robinson serves as a subject matter expert and spokesperson within the employer and transportation communities including state government agencies on influencing change in behavior and policies to reduce motor vehicle crashes.

The National Safety Council is a 501 nonprofit, public service organization promoting health and safety in the United States of America. -cmw

Texas Style

H H H H

Austin Dallas/Fort Worth Houston San Antonio

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Houston Construction News • FEB 2019

THIS TH MON

CONSTRUCTION SAFETY

To represent your company in an upcoming FOCUS, contact HoustonEditor@ConstructionNews.net (210) 308-5800

NEXT MONTH (MARCH) CONSTRUCTION EDUCATION

Safety never stops Rick Segura, Senior Safety Manager Harvey-Cleary Builders Austin, TX

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s Senior Safety Director, Rick Segura holds a number of safety certifications to include SSH, CSHO, CHST and UTA authorized trainer.

What sparked your interest to work as a safety director?

At the time, I was looking to be hired as a superintendent with the company.

There were no positions available, but they were looking for a safety coordinator. I decided to apply for the position.

Unsure what it would entail, I took on the challenge. It was a blessing in disguise as I was able to help others understand the importance of safety and how it could be beneficial for them as well their families.

That was nine years ago and I continue to enjoy working in the safety department at the company. I have completed numerous certifications and training over the years to ensure that I am providing our employees with the most valuable knowledge available.

How does construction safety impact a company?

The construction industry is always undergoing great changes with how

projects are being built and managed and how implementing safety programs helps companies stay competitive. Strengthening safety procedures at construction sites reduces the risks of injuries and increases the productivity as well as the quality that is delivered. Finding the worker with the right construction skills is the first step. Getting workers to understand and exercise them daily is the next step.

My perspective is that accidents are preventable; they occur for a variation of reasons. The prevention starts from the top. Without the support and commitment from upper management, the possibilities of success are null. The safety culture then streams down to the employees in the field through our project managers and superintendents. It takes time and dedication for all to be commited to making safety an important factor. The projects are more efficient when there are no injuries or accidents to take the team away from building a quality space.

Safety, it must be implemented!

Mike Grendell, Branch Manager Midco Sling & Cable Co. San Antonio, TX

M

ike Grendell has been with Midco Sling (MS) for 38 years. He started in the shop making slings and cutting wire rope. At one point, he would answer the phone, figure out what the customer needed, write out a work order, and then go fabricate the order.

Over the years, time has changed the way people communicate and do business.

For Midco, their commitment to customer service and quality has remained one of their top priorities. One of their main objectives is to treat their customers the same way they would like to be treated.

What kind of safety service/training does Midco Sling & Cable Co. of San Antonio provide?

Midco Sling provides rigging awareness training along with fall protection awareness for our established customers.

We also provide training services for Associated General Contractors (AGC) and the American Subcontractors Association (ASA) and have supported the San Antonio Area OSHA office during Safety Stand Down Week and other events.

How does construction safety impact a company?

A good safety plan can make or break a company. Injury related costs you don’t prepare for are the ones that really hurt your bottom line. Falls are one of OSHA’s “Fatal Four.” MS works closely with our customers to ensure the correct rigging and fall protection is being used.

It goes back to having the right tool for the right job. Having a good safety plan is not enough. It must be implemented!

What can be done to increase safety awareness?

Creating a safer jobsite is creating a safety culture within your company. It all begins with upper management.

In order to increase safety awareness, communication is essential. Toolbox talks, JSA’s, pre-construction meetings and reporting near misses are just a few tools.

What can be done to increase safety awareness?

People have to lead by example and not just manage. Motivating employees to participate and demonstrating why safety matters makes a huge difference.

When they are doing it correctly, the culture will change. If not, then it will become a struggle for the rest of the team members to buy into.

policy and procedures. I schedule and manage the monthly training for our field employees to keep them up to date with safety regulations. I also assist the superintendents with training workers, resolving safety issues, and conducting preconstruction meetings. In the case of an accident, I work closely with medical clinics to manage treatment of the injured worker.

What are the major risks in construction?

There are many risks in construction that can lead to potential injuries such as unknown site conditions, lack of training and faulty equipment. Being able to recognize and assess risks can ensure success on your project from having accidents. Make a self-assessment before starting a project, asking yourself: Do we have the right people with experience to do this kind of work? Do we have the experience for work of this magnitude? Do we have experienced site supervision to run a project of this type and size?

These are questions that should be asked within a company before committing to a task. If you can honestly answer yes to these questions, you can mitigate the major risks listed.

What is on the horizon for construction safety?

Looking to improve oneself in the construction industry never stops. There are many avenues to be observed that will assist us to become leaders in safety. A few examples are training employees to work safely all the time; implementing the use of new technology; assessing the effectiveness of our training program; and identifying topics of interest that will benefit the company and its team members.

What are your daily responsibilities as a safety director?

My responsibilities vary from project visits to employee training. First of all, I ensure that everyone is complying with the OSHA Standards and our company

has a great network of safety professionals. Get involved and contribute to the organizations your company is involved in. The training they offer is there to ensure everyone and every company has the resources they need to keep you safe.

What is new in the way of safety apparatus and equipment?

Some of the latest safety news in fall protection involves “Leading Edge“ retractable devices. If your company does elevated work and uses these devices, make sure you are using them correctly and to the manufacturer’s recommendations.

What is the most rewarding aspect of your job?

The most rewarding aspect of my job is the ability to help others reach their goals in safety while striving to reach my own goals. Quality, scheduling, budgeting, and safety are the four major elements of a successful project. All these work together to build strong leaders and allow everyone to go home to their families every day.

Harvey-Cleary Builders is a full-service general contractor. -cmw

What is the most rewarding aspect of your job?

I enjoy helping people when they have a rigging issue or a fall protection situation. I never know what the question is going to be, but I will find a resolution.

I have been very blessed in my career and life to surround myself with so many good people. You know who you are.

Midco Sling & Cable Co. is a full service provider for fall protection equipment and manufacturer of wire rope, synthetic and chain slings, hoists and rigging equipment in San Antonio. –cmw

Christmas angels are gifted

How important is a good safety record in the construction industry?

Having a good safety record is extremely important. People want to do business with safety-oriented contractors.

Who wants a low bid with a bad safety record? All that does is create risk and added liability. You get what you pay for.

What is the most significant challenge the safety industry faces?

Challenges in the safety industry are not going away. Continuing education and training personnel and finding folks that want to learn construction trades are vital. There are organizations that are working at the middle and high school levels to recruit students interested in different aspects of construction, as well as safety.

What kind of training is available?

There are many construction organizations that offer training at an affordable cost. OSHA 10-hour and 30-hour classes, trenching and shoring, and boom lift training are only a few. San Antonio

The Mechanical Contractors Association (MCA) of Houston presented a $7,100 donation to The Nehemiah Center “Christmas Angels” program. The donation was presented by MCA Houston Council Chair Cynthia Birdwell and Executive Director Glenn Rex to Nehemiah Center Representative Jose Perez.

L-R Jose Perez and Cynthia Birdwell

Houston Construction News • FEB 2019

Page 13

Association Calendar

THIS TH MON

CONSTRUCTION SAFETY continued from Page 12 — Construction Safety

Understanding the “Duty of Care” Kraig Kyle, CSP, CHST, CHSP

Content submitted by Associations to Construction News ABC Associated Builders & Contractors

Feb. 5-6: Legislative Day, Texas State Capitol, 1100 S. Congress Ave. For more info, call 713-523-6222 Feb. 21: Texas Hold ‘Em Tournament, The Bell Tower on 34th, 901 W. 34th St., 2-9pm.

Feb. 27: Member Mixer, Fast Track Specialties LP, 10230 Cartr Rd. #100, 4:307pm.

AGC

Vice President

Associated General Contractors

CORE Safety Dallas, TX

I

n brief, this article discusses the duty of care businesses may create when hiring and controlling a subcontractor or independent contractor and ways to mitigate

that risk and liability.

Contractors often hire subcontractors or independent contractors to perform additional scopes of work on their behalf. Often businesses do so without understanding the liabilities or significant risk associated by control-generated actions that create a duty of care. Even when a contactor imposes contractual obligations, they often create a duty of care though unintentional and often-unnecessary safety management actions.

Common law found in §414 of the Restatement (Second) of Torts (ALI, 1965) states: “One who entrusts work to an independent contractor, but who retains the control of any part of the work, is subject to liability for physical harm to others for whose safety the employer owes a duty to exercise reasonable care, which is caused by his failure to exercise his control with reasonable care. (ALI, 1965)”

The key extract of this law is the extent by which a contractor has control and the amount of reasonable care the prime contractor must take. Each are open to interpretation, vary by situation and require a strategic balancing act. For example, the prime contractor may overextend in their role by exerting too much control and directly managing its subcontractor’s safety obligations. On the other hand, the prime contractor can also fail to meet its obligations to provide the appropriate amount of reasonable care by not prequalifying its subcontractor or by not providing sufficient oversight.

There are various strategies for mitigating these risks and it is important for companies to recognize their responsibility for ensuring the correct amount of reasonable care is exercised with its subcontractors without crossing the line of owing a duty of care. Our clients have benefited from consulting with their insurance provider, legal counsel and their s

safety representatives to develop and implement an effective subcontractor safety management strategy to limit their liability exposures.

Tips for properly exercising reasonable care includes: • Complete a safety pre-qualifica tion review of your subcontractors that includes evaluating safety re cords and experience modification rates.

• Clearly define subcontractor re sponsibilities within subcontract agreements for safety and company employees.

• Ensure subcontracts contain strong indemnification language and that a certificate of insurance is estab lished listing the prime contractor as additionally insured.

• Ensure the subcontractor has es tablished a formal written safety program and is implementing its policies and procedures.

• Avoid directly managing or con trolling the safety obligations of your subcontractor. This doesn’t mean avoiding oversight or taking necessary actions for violations that occur.

A graduate of Indiana State University with a Bachelor of Science in Occupational Health and Safety Management, Kyle serves as the Vice President of CORE Safety Group and has over 15 years of practical safety management experience that includes developing and managing corporate safety programs and advising client leadership on best management and loss control practices. He has experience in loss control such as worker’s compensation, general liability, and claims management.

These experiences include effectively developing and implementing safety and claims management strategies on billions of dollars of wrap-up insurance programs. -cmw

Submitted to Construction News

Round-Up

Axis Builders welcomes Brian Jernigan as Senior Project Manager.

Jernigan brings 19 years of commercial and industrial project management experience; managing projects throughout Houston and across the U.S. “Brian is a great fit for us as we look to our projected future growth. He is perfectly suited for the high detail, management and client relationships that this position requires.” Chad Clark, Founder and President, Axis Builders. –cmw

★★★★

Round-Up Submissions

This is a monthly section for brief company announcements of new or recently promoted personnel, free of charge, as space allows.

–––––––––––––––––––––––––––––– Email (w/digital photo, if available) by the 15th of any month, for the next month’s issue (published 1st of each month).

Email info to appropriate city issue, with “Round-Up” in the subject line: –––––––––––––––––––––––––––––– Houston HoustonEditor@constructionnews.net

★★★★

Feb. 6: Annual Chapter Meeting, The Briar Club, 2603 Timmons Ln.,7:30-9am.

Feb. 12: AGC Advocacy Sporting Clay Tournament, Greater Houston Gun Club, 6700 McHard Rd., 9am-2pm.

Feb. 26: AGC TBB Legislative Day, Texas State Capitol. For more info, call 713-8433750 FPA Foundation Performance Assn.

Feb. 13: Meeting, Alena Mikhaylova, Hess Club, 5430 Westheimer, 4pm. For more info, call Vicky Bonds at 713-6994000 Feb. 13: Meeting, James Rudnicki, Hess Club, 5430 Westheimer, 5pm. For more info, call Vicky Bonds at 713-699-4000 HAGA Houston Area Glass Assn.

Feb. 13: Quarterly Lunch, Saltgrass Steakhouse, 1803 Shepherd Dr., 11:30am. $30 Member; $40 Non-member. For more info, call Dorothy Gurka at 281-849-8293 MCA Mechanical Contractors Assn.

Feb. 13: Membership Lunch Meeting; HESS Club, 5430 Westheimer, 11:45am.

Feb. 17-19: MCA Texas Winter Meeting, Bay Flats Lodge, 391 Bayside Dr., Seadrift, TX.

Feb. 27: Joint Membership Meeting, HESS Club, 5430 Westheimer, 11:30am.

For more info, call 281-440-4380 NAWIC

National Assn. of Women in Construction

Feb. 12: Membership Meeting, Maggiano’s Little Italy, 2019 Post Oak, 6pm. For more info, call Kathleen Cernosek at 281890-1880.

NECA National Electrical Contractors Assn.

Feb. 7: SETX NECA Valentine’s Dinner Houston.

Feb. 11: SETX NECA Valentine’s Dinner Beaumont. For more info, contact Vicky Hernandez at 713-977-2522 PHCC

Plumbing Heating Cooling Contractors Gulf Coast Chapter

Feb. 8: Annual Casino Night, Cadillac Bar & Grill, I-10 & Shepherd, 6:30-11pm. For more info, call Dorothy Gurka 281-7022955 or email dgurka@gulfcoastphcc.org TSPE Texas Society of Professional Engineers

Feb. 9: MATHCOUNTS Competition, Flour Corporation, 1 Flour Daniel Dr., Sugar Land, TX., 7:30am-1pm. For more info, go to www.tspehouston.org SWICA

Southwest Insulation Contractors Assn.

Feb. 7: SWICA 2019 Expo & Craft Competition, Pasadena Convention Center, 10am-5pm. For more info, contact Linda Tracey at 281-435-3859 WCA Women Contractors Assn.

Feb. 7: WCA FebruaryLuncheon, Chama Gaucha, 5865 Westheimer Rd., 11:30am1pm. For more info, contact Sandra Janak at 713-807-9977 or email director@womencontractors.org

AFSA new leadership

T

he American Fire Sprinkler Association (AFSA) has a new leader. Debra McGuire, MBA, IOM, CAE has been selected as the association’s fourth President and first female Chief Executive Officer since the association’s inception in 1981.

McGuire has 30 years of association management and has held a variety of leadership positions. Most recently, McGuire was CEO of the Michigan Academy of Family Physicians and Executive VP for the Family Medicine Foundation of Michigan.

“She is well-known and respected in association leadership circles. AFSA members and the fire sprinkler industry will benefit greatly from her experience, leadership, and commitment to the mission of AFSA,” says former AFSA President Steve Muncy, CAE. “Fire sprinklers save lives, and I am honored to have been selected by the American Fire Sprinkler Association Board of Directors as its new President and Chief Executive Officer,” said McGuire.

McGuire is a graduate of Honors College at Michigan State University where she completed her undergraduate studies on a track scholarship. In addition, she

Debra McGuire

is a graduate of the Institute of Organizational Management (IOM) at the University of Notre Dame in South Bend, IN and Cornerstone University in Grand Rapids, MI where she earned her MBA. -cmw

Page 14

Houston Construction News • FEB 2019

JOB SIGHTS

L-R: Lindbeck Group LLC team members Erwing Jimenez, Ivan Mendez, Hailee Jones Jowharah McNeill, Sam Lampe, Craig Gentry, Chris Rock, Dexter Fitzgerald and Jaime Bolanos at the MD Anderson West Houston Campus jobsite. -cmw

continued from Page 1 — Scott Drilling Incorporated one thing led to another, fate did too.

When Robinson came home, he saw his father had bought a water well drilling rig for $600.

“I worked with my family for minimum wage while I was in the Army,” said Robinson.

Six years later, Robinson’s father passed away in ’78.

“My brothers and I became partners and we worked together [at Robinson Water Well] until ’95,” he said. Before parting, Robinson had sold some jobs to Ozarka Spring Water.

“I had sold some of those jobs and put in two of them for Ozarka. That kind of gave me confidence to go on my own,” he said.

He was with Robinson Water Well for 23 years. Then fate knocked on Robinson’s door again in October of ’95 when he started Scott Drilling Incorporated.

They drilled 95 wells that first year. In 2000, Robinson secured good help, which allowed him to get off the drilling rig and into the office side of production.

Today, the company is celebrating 23 years of business as Scott Drilling Inc. The company is known for drilling water wells for residential, commercial, public water

wells and small industrial projects. The company mostly takes on small industrial projects that are from 10 gallons per minute to 500 gallons per minute. The business tends to drill about 90 to 100 wells a year and they drilled about 80 to 90 wells in 2018.

Their service area is a 40- to 50-mile radius from their office located on the northwest side of Houston. They cover Harris County and surrounding counties, but Robinson says they don’t go all the way to the next county line unless it is for a commercial project.

Robinson is proud to call his company a family-owned and -operated one. His wife Judy Robinson serves as vice president and daughter Tracy is the treasurer.

All together, they employ a total of 10. The company is a member of Texas Groundwater Association (TGWA) and the National Groundwater Association (NGWA).

As far as company traditions go for folks near the coast, an annual company fishing tournament has been hosted on Galveston Bay in July for 13 years. When needed, the crew also unwinds mornings and afternoons at work with their PingPong table in the warehouse.

Scott Drilling Incorporated is a water well service subcontractor in Houston. –lv

L-R: Architectural Floors Project Manager Zach Landt and Axis Builders LLC Assistant Superintendent Matt Bobo, oversee striping layout for the Christian Life Center Gymnasium at St. John Lutheran Church in Cypress, TX. Axis Builders LLC is the project’s general contractor. -cmw

continued from Page 1 — JTex Welding He started JTex Welding while early in his college career. He passed out his new business cards profusely. While the first year was slow, “Over the past year I’ve gotten busier and busier,” he said.

Lumpe likes doing a wide variety of welding projects. He loves the commercial side of his work.

“You’d be surprised how much metal work goes into just a single story building,” he said. “Everything from railings, to modified security doors, to roof access ladders. I do a lot of that. I like to do more of the commercial side of things.”

Lumpe leases a shop from which to do the fabrication items, but he stays mostly mobile, going from place to place. He’s gone as far as Fort Worth. His main turf, however, is the southwest Houston area.

While this type of job still pays, Lumpe says he does not enjoy fixing what another welder did incorrectly. “Unfortunately, it happens more than you think,” he lamented.

“I try to do everything as best that I can and leave it in better condition than I found it,” he said. Making a repair if something just wore out is preferred over fixing someone’s mistake.

Lumpe said it just takes practice to

know when the weld is good. “You really have to pay attention to what you’re doing.”

For the future, Lumpe wants to grow JTex Welding into a bigger operation and employ some more folks. He never wants to be the big boss man who merely runs the show, but he wants to stay in his first love of the welding trade.

“Taking the business to the next level is what I’d like to ultimately get to,” he said. Welding “is such wide variety and the field is so broad. It can change everyday. Everyday is new. Everything is a new adventure, a new challenge, a new learning opportunity.”

With his diploma in hand this May, Lumpe is raring to devote 100 percent of his time to JTex Welding. While many of the other graduates are wondering which fast food restaurant to apply to, Lumpe is ready to take his construction management degree and apply his craft for contractors and those in need of it.

For now, however, he still has to finish those pesky Renaissance Lit and Western Civ classes first.

Go to the head of the class, son.

JTex Welding runs its ops out of Sugarland. -dsz

WHAT IS YOUR DREAM VACATION? Iceland!!

Amber Peterson, Capital Insulation My dream vacation would be Bora Bora, because it looks beautiful.

Gamaliel “Gama” Sanchez, AMST Fly-fishing in Patagonia is my dream vacation.

Bob Betancourt, Zenith Construction I would love to go to Switzerland because I’d like to see the Alps and take some of the trains around Switzerland to see the beautiful mountains. There are so many picturesque places there. That would be my dream vacation.

Carter Davis, Dura Pier Foundation Repair My dream vacation would take at least six months. Leaving from south Florida in a huge catamaran motor yacht, go island hopping through the Caribbean, then head across the Atlantic. Once arriving in the Mediterranean, I would want to visit every notable port until we arrived in Israel. After walking in the footsteps of our

Lord Jesus, we’d kick back in first class and jet back home to pave huge projects.

Eric Murphy, Murphy Paving LLC It would be going to Alaska for a month and just taking in the fresh air, and getting back to nature to recharge.

William Cornell, Sawdust Woodwork & Cabinetry I would have to say explore the New Mexico/Colorado area. I want to explore the Southwest region more than I’ve been able to. That would be a good vacation if money were no object.

Joshn Lumpe, JTex Fabrication My dream vacation would be Italy. I love the culture and the beautiful vibrant colors.

Johnny L. Perry, HIS Professional Painting My dream vacation would be spending a month traveling Australia and New Zealand with my family.

Sarina Landers, Karsten Interior Services

HAPPY

Valentines Day!

Houston Construction News • FEB 2019

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Houston Construction News • FEB 2019