April 2017
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WHAT’S 4 LETTER FROM THE EDITOR 7 OSHA’s ‘Final rule’
Changes reporting and testing.
9 Sexual harassment
You’d think we’d learn.
12 Retuning compliance
Challenges of compliance in today’s businesses.
15 Deck makeover
Does your dated deck need some TLC?
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April 8, 2017
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April 2017
RETUNING COMPLIANCE DOES YOUR DATED DECK NEED SOME TLC?
5 cover story Patricia Carey Zucker, managing partner and chief executive officer of the law firm of Daley, Zucker, Meilton & Miner, LLC, knew from a very young age that she wanted to be an attorney. She is proud to say that DZMM is a woman-owned business. Zucker thrives on helping her clients and building strong client/attorney relationships. And part of the enjoyment she gets out of life is making a difference.
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Note
Editor’S
April 2017 Vol. 14 - No. 4
PRESIDENT AND PUBLISHER
Donna K. Anderson
EDITORIAL
e almost got through winter without a time outdoors. Are you proud to have people gather on major snow, and then we didn’t. But I’ll your deck? Is it peeling paint or does it have splintering take one major snow that melts within wood? See a beautiful transformation of a deck from an days any winter. And now, hopefully, all embarrassing focal point to place to be proud to have guests gather. those spring plants that were Another advantage of just poking out of the ground having warmer weather is will still pop open and we can that we can get more outdoor enjoy the colors and scents exercise. Walking is a great of spring. Of course, if you’re way to get and stay fit. Discover prone to hay fever, I guess you “If a woman is sufficiently ambitious, how strength-building moves, better get your allergy supplies determined, and gifted, there is along with walking, can help ready. practically nothing she can’t do.” keep weight off. As much as hay fever can be Did you know your feet can a nuisance, it’s not under the ~Helen Lawrenson tell a lot about your overall scope of OSHA regulations. health? From diabetes and What are under their authority poor vascular flow, to signs of are injuries and illnesses in a rheumatologic disease, your the work environment, and those rules changed in January. Learn what the new feet could be an indicator. There are many conditions and diseases that also affect the feet. Don’t dismiss the feet; our requirements are for recording and submitting records. Something else that is more than just a nuisance is sexual feet take us where we want to go! Go, enjoy the pleasant weather! harassment, and there is a quote that seems applicable: “The more things change, the more they stay the same.” You’d think by now we’d be beyond sexual harassment in the workplace, but we aren’t. Find out what constitutes Christianne Rupp sexual harassment and who can be the perpetrator. Vice President and Managing Editor Now with the warmer weather, we’ll be spending more
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COVER
On the Right Side of the Argument By LYNDA HUDZICK
“M
y Grandmother McCue used to tell me that I should be a lawyer because I would argue with the pope,” Patricia Carey Zucker, managing partner and chief executive officer of the law firm of Daley, Zucker, Meilton & Miner, LLC, said. “I took that as a compliment, although I don’t know that she meant it that way.” A “true Pennsylvanian,” as she calls herself, Zucker was born in Philadelphia and spent her growingup years in several Pennsylvania towns. Even as a child, she knew she wanted to be a lawyer. Zucker graduated from BishopMcDevitt High School in the early 1970s and it was there that she was “introduced to the concepts of social justice and personal responsibility for contributing to that justice,” Zucker said. “These were great times to be growing up and learning how to incorporate the principles of fairness and giving into your life. “The law was the vehicle to be able to make change and seemed the natural progression from the idealism of the classroom to the practicality of earning a living and living life.” Upon her high school graduation, Zucker attended the University of Scranton and the Loyola University
School of Law in New Orleans, Louisiana. “My educational years were full of challenges, but also many good times,” she said. Some highlights of her career before DZMM include her work as assistant counsel for the General Law and Construction Claims Litigation
Section for the Pennsylvania Department of Transportation and also her service as liaison counsel for PennDOT to the Pennsylvania Attorney General’s Office. Today, Zucker is happy to share that DZMM is a woman-owned business and is nationally certified as such. Except for one male partner,
everyone at DZMM is female. “As the CEO and managing partner, I work collaboratively with my partners and rely a great deal on our office manager … we have a great support staff,” she said. According to the DZMM website, her practice includes administrative law, with an emphasis on insurance
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producers and regulatory issues, employment law, estate administration, and elder law. Zucker takes a personal approach when working with her clients and has found that taking advantage of some of the skills women often practice at home has been beneficial. “As women, we are often peacemakers and facilitators at home, and we bring these same skills to our practice areas as well as to management of the firm,” she said. “Many of us are and were working mothers and know the tug of war that goes on between dealing with and caring for sick children, partners, and elderly parents ... being aware of and dealing successfully with these challenges makes us better lawyers.” Perhaps traditionally considered a “man’s world,” the legal profession is changing. “Certain areas of the law are traditionally male oriented, yet women are continuing to add their numbers to these specialties,” Zucker said. “In addition, the longer you
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Zucker takes a personal approach when working with her clients and has found that taking advantage of some of the skills women often practice at home has been beneficial.
practice and the more confident you become in your areas of expertise, the less hesitant you are to be deferential.” She believes that personalities account for more than gender does when it comes to a successful working relationship with a client. “People like to do business with people that they like,” she said. “While this is a general statement, it does appear to establish and
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maintain longstanding clientattorney relationships, which prove beneficial to both parties.” Zucker explained that as a legal professional, it is expected that she provide some pro bono services for people who cannot afford legal representation. “Our Dauphin County Bar Association has a large and active Pro Bono Program, which introduces us to many opportunities to support legal service to the public, and the Cumberland County Bar Association does as well,” she said. “I have been honored to serve on the Dauphin County Pro Bono Guardianship Monitoring Program for the last few years.” Guardianships are set up by the courts, and so the courts are required to monitor the quality of the guardianship services that are being provided by the guardians, Zucker said. “These guardians can be in charge of the finances (estate) and the physical care (personal) of the
incapacitated person,” she explained. “A guardian has a wide latitude to make financial and living decisions for the incapacitated person and, without court monitoring, would not be subject to any oversight.” While most guardians do their best, there are situations where incapacitated persons have been taken advantage of. Those instances are the reason attorneys are asked to provide pro bono services to monitor and ensure that the guardianship is being administered in the way that is best for those being served. “I have been humbled by the families and also by some of the professional caretakers for the incapacitated children and adults who are selflessly served by them,” Zucker said. “Quality of life has many different faces.” Zucker is grateful for the special ability she has to make changes that have a positive impact on people’s lives—and she doesn’t take the power of that ability for granted. “I have also discovered that life is short, and that you never know what today or tomorrow will bring,” she said. “You are not in control of much, and it is a waste of time and energy to worry about things you cannot change or control.” For Zucker, part of the enjoyment she gets out of life is making a difference. “I guess it’s like when Forrest Gump tells us that ‘life is like a box of chocolates; you never know what you are going to get.’ The chocolates are a gift, and you have to enjoy the life you have while you have it,” mused Zucker.
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OSHA’s ‘Final Rule’ Changes Reporting and Testing By BARBARA TRAININ BLANK
I
n the commonwealth, the Federal Occupational Safety and Health Administration covers most private-sector employers. Workers at state and local government agencies—i.e., cities, counties, boroughs, townships, public school districts, and the State System of Higher Education— are not covered. Nor are the selfemployed or immediate members of farm employers. “But even without OSHA coverage,
most organizations realize that safety makes good business sense: Accidents cost money and impact other areas of the business such as production, quality, the environment, and customer service,” said Matthew N. Olphin, vice president, risk control services of Murray Securus. Most businesses don’t want their workers to be hurt, and safety is good for quality and morale. So a lot of businesses follow OSHA rules and regulations even if they
don’t have to. Under OSHA, employers must provide their workers with worksites free of recognized serious hazards. To help prevent work-related illnesses and injuries by learning from past accidents, employers who have to keep injury and illness records (some OSHA-covered employers do not) are required to keep track of their workers’ injuries and illnesses by recording them in the OSHA 300 Log. The log is a listing of certain work-related injuries and
illnesses that occurred during the calendar year. But under a final rule that became effective Jan. 1, OSHA revised its requirements for recording and submitting records of workplace injuries and illnesses. Some of this recorded information must be submitted electronically for posting to the OSHA website. “While OSHA has always required an annual workplace posting of the OSHA 300A Summary, which provides limited injury and illness information, it has never before required electronic submission of more detailed workplace injury and illness information as of now,” Olphin explained. The goal is to encourage employers to increase their prevention efforts and enable researchers to examine these data. The final rule also includes provisions that encourage workers to report work-related injuries to their employers and prohibit employers from retaliating against workers for making these reports. “The final rule will provide OSHA with data to help the agency improve allocation of compliance assistance — assistance it gives employers who want to improve their safety standards,” Olphin said. Public disclosure of the data is expected to “nudge” employers to reduce work-related injuries and illnesses. Electronic submission requirements apply to establishments with 250 or more employees that are currently required to keep OSHA records, or those with 20-249 employees in certain
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industries with historically high rates of occupational injuries and illnesses. OSHA can compare industries and disclose data on its website. This is a kind of “social engineering,� though some people feel it shames employers and causes competition, Olphin said. It’s unclear if employers will not be required to submit employees’ personal data or if the database will scrub such information if it’s submitted by accident. OSHA’s goal is to make sure that personal data are not recorded in the database. What about the impact of these changes on drug and alcohol testing? It’s common for many employers to do automatic drug and alcohol testing of an employee if there has been a workplace accident, although sometimes it’s one of those things that’s recorded in the handbook and glossed over, said Debra R. Franklin, vice president of HR Solutions at Murray Securus. The OSHA final rule doesn’t
prohibit drug testing of employees after a workplace accident; it only prohibits employers from using automatic post-accident drug testing, or the threat of it, as a form of retaliation against employees who report injuries or illnesses. “OSHA’s perception is that automatic post-accident testing has the effect of discouraging employees from reporting workplace injuries,� said Franklin. OSHA’s rule also does not supersede other state or federal laws that otherwise require employers to conduct blanket post-accident testing—for example, the Department of Transportation’s rules for CDL drivers. “Employers still retain managerial discretion in deciding when to test in the event of a workplace accident, so I don’t believe the practical impact of this rule will be as severe as some people think,� Franklin pointed out. According to the provisions of the new rule, each incident must be determined as it occurs; if the
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employer determines the worker’s eyes don’t look right or it’s not reasonable for the accident to have occurred without drug or alcohol involvement, the employer can test. “But there’s no standard for ‘reasonableness’ articulated in the rule,� Franklin said. “That means that we will only learn what ‘reasonable’ really means when cases under this rule are litigated.� OSHA is essentially asking managers to manage, although it’s easier to have a blanket rule. “This gives employers some latitude, but also puts them in a tough spot,� she continued. Moreover, according to Franklin, what no one is talking about is the need to train management staff on how to recognize when drugs and alcohol could come into play— especially when it’s an industry, like manufacturing, that’s high risk. How do you identify drug and alcohol problems? “This is very important,� Franklin said. “By training managers and supervisors to recognize the signs
of drug or alcohol impairment, an employer can markedly improve its chances of having a decision to send an employee for testing found reasonable by a court.� Employers can still require testing as a condition of employment. When employees self-report drug or alcohol use, it may qualify those individuals for protection under ADA or the Family Leave Act if they say they need help and want to be sent to rehab. “If an employee self-identifies as having a problem with drugs or alcohol prior to being involved in a workplace accident or otherwise violating an employer’s policies, that would be an excellent time to reach out to a human resource consultant or labor and employment attorney for advice and assistance,� Franklin said. “This is a very complex area.� With the new administration in Washington, the heads of the federal agencies, including OSHA, will soon be replaced, and agendas may change.
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Sexual Harassment: You’d Think We’d Learn By MELISSA KELSO
supervisor makes sexually suggestive comments to an employee regarding the employee’s clothing and how the employee’s body looks in the chosen clothing. Or the supervisor suggests that the two should have engaged in a sexual relationship and that if it had happened, maybe the employee would have advanced at the workplace. If you think that these details are ripped from the headlines of the 1960s, think again. It’s still happening today, leaving many wondering: Haven’t we learned anything? Throughout the years, the law around sexual harassment claims has evolved, but the facts haven’t changed much. In the above scenarios, swap out men and women in any role, and you still have the basic underpinnings of legally recognized and prohibited sexual harassment. Men can sexually harass men and women, and women can sexually harass women and men, though it took court cases to cement these otherwise obvious prohibitions. Most recently, in a case out of Pennsylvania decided in November 2016, the Federal District Court for the Western District of Pennsylvania held that Title VII prohibits discrimination on the basis of sexual orientation. Title VII now officially prohibits harassment based on an individual’s views of what “it means to be a man or a woman.” In Pennsylvania, both state and federal laws prohibit sexual harassment. Title VII, the federal statute, applies to employers with 15 or more employees. The Pennsylvania Human Relations Act applies to employers with four or more
employees. Small businesses with few employees often forget about the pesky PHRA and wrongfully believe they are immune from discrimination claims. In both large and small workplaces, however, sexual harassment can render an employer liable to an employee. What constitutes sexual harassment? Hostile, abusive, or
offensive conduct or unwelcome sexual advances undertaken by a supervisor (whether or not that supervisor supervises the victim), a co-worker, or even a client or customer. Prohibited conduct may be directed at a member of the same or opposite sex and may be based on an employee’s sexual orientation or gender identity. The law does not prohibit simple
teasing, offhand comments, or nonserious, isolated incidents, but seeks to protect employees from pervasive harassment that interferes with the employee’s employment. The EEOC and PHRA generally recognize two types of claims: quid pro quo and hostile work environment. An employee has a quid pro quo claim where a supervisor either
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sexually harasses the employee or pressures the subordinate employee to tolerate harassment as a condition of maintaining employment or obtaining further job benefits. An employee has a hostile work environment claim where either a co-worker or superior has harassed the employee, and the employer knew or should have known about the harassment and failed to take corrective measures. The unwelcome conduct must create a severe or pervasive hostile environment. An employee other than the victim also has a claim when the conduct offends that employee. When a supervisor perpetrates the harassment, the employee potentially has both a quid pro quo and hostile work environment claim. Training, education, and a strong anti-harassment policy will help an employer prevent sexual harassment claims, but they alone will not shield an employer from liability for an employee’s monetary losses and pain and suffering caused by sexual harassment. In certain instances, an
employer may even be assessed with punitive damages in addition to these compensatory damages. What can an employer do to hedge its liability? Have a strong anti-harassment policy and educate all employees on the employer’s zero-tolerance stance toward discriminatory behavior. Instruct supervisors to not engage in and to watch for harassing behavior. Train employees on what constitutes harassment and emphasize the potential ramifications should employees violate the policy. Establish a complaint procedure that includes a prohibition against retaliation. Then, enforce the policy. If an employee makes a claim of harassment, take it seriously and investigate the claim. If the claim has merit, take steps to remedy the harassment that are proportionate and protect the complaining employee. Do not retaliate against an employee for making a claim of sexual harassment. If you, as an employee, suffer
Pennsylvania Human Relations Commission, or both, depending on the size of your employer. You must file your complaint within 180 days (PHRC) or 300 days (EEOC) from the harassment, so act promptly. You can file a complaint on your own or you can seek the assistance of an experienced attorney. Many attorneys will help you with a sexual harassment claim on a contingent-fee basis so you do not incur attorneys’ fees initially. While you’d think that a decades-long prohibition on sexual harassment would help prevent inappropriate conduct, it hasn’t. Despite legal ramifications, policies, training, and education, employers and employees often find themselves faced with all-to-familiar fact patterns of harassment. • Melissa L. Kelso, Esq., is a managing attorney with Kelso Law, LLC. She focuses her practice in the areas of civil litigation, labor and employment, municipal law, business and commercial, and real estate. Learn more are www.kelso-law.com.
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harassment, tell the harasser that the conduct is offensive and inappropriate. Surprisingly, many harassers do not believe that their conduct is offensive. Tell your immediate supervisor about the behavior. Review the employer’s policies and also follow any established complaint procedure. If your immediate supervisor does not correct the behavior, escalate your complaint to the next level of management. Along the way, protect yourself by documenting everything: the instances of harassment, when and how you informed management of the offensive conduct, and any responses you received. While it is unlawful for an employer to retaliate against an employee who lodges a complaint, it happens. Document any retaliation as well. Finally, if the harassment persists, you are retaliated against, or you otherwise suffer an adverse employment action, you can file a complaint with the Equal Employment Opportunity Commission, the
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Retuning Compliance By CAROLE SWITZER
GRC GRCIllustrated IllustratedSeries Series
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THE THE PATH PATH TO TO COMPLIANCE COMPLIANCE OBLIGATION OBLIGATION MANAGEME MANAGEM
e hear a lot about the challenges of compliance in today’s business environment. In articles and speeches every day, experts talk about voluminous requirements, complex and conflicting obligations, fast-paced change, and lack of information—and we nod our heads in agreement and commiserate with each other about how hard our jobs are. We’ve been dancing to this tune for years now. We are spending lots of money on compliance but we still have lots of gaps in coverage, lots of high risks for noncompliance (many that we don’t see), lots of self-created complexity, and lots of wasted resources. We don’t have enough consistency, enough insight, and, most importantly, not nearly enough confidence that we know what our compliance obligations are and that we are addressing them correctly, let alone cost effectively. Even though we know it’s out of tune, we still just hum along to this song called “The Disheveled State of Compliance” and sway in place. Students of music know that each composition has a structure: an intentional design that describes the arrangement of different notes in each line of music with a defined beginning, middle, and end. Each style of music, be it opera, blues, or rap, has its own identifiable structure and when the songwriter doesn’t follow the right style, the piece just doesn’t sound right and goes nowhere. Songs that are well structured and make the best coordinated and creative use of key elements, such as lyrics, melody, and harmony, are the ones that flow from one part to the next almost seamlessly. They are the ones we can’t stop singing. They are the ones that make us feel good. And the very best of them become anthems for our time.
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what structure to put in place and how to coordinate the key elements that will fix it—to retune it, if you will—and the same is true for fixing a discordant approach to management
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contact contactcswitzer@oceg.org cswitzer@oceg.orgfor forcomments, comments,reprints reprints,or orlicensing licensingrequests requests
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of compliance obligations. Just like a musical composition, a well-designed approach to managing compliance obligations has many moving and interrelated parts built
WITH CONTRIBUTIONS FROM
GEMENT MANAGEMENT BENEFIT Tag all content for easy keyword search to support constant monitoring of COM influencers and ensure all policies and training requirements are kept current.
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Automated reminders and escalations.
Automated assignment of COM requirements ensures that the right training, education, and awareness is provided to every new hire and throughout their lifecycle.
ENHANCE ACTIVITIES BY INTRODUCING AUTOMATED WORKFLOW
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BOARD AND CEO BENEFIT The ability to demonstrate that COM awareness, proactive measures, and constant performance measurement protect the organization.
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API Connectors
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A robust application programming interface (API) is essential for high-performing COM execution. APIs allow for seamless internal and external interoperable applications, data sources, Web services, and legacy systems.
A robust education and certification solution will support multiple LMS and provide access to irrefutable certification methodology, whether the training was instructor-led, self-paced, or delivered online.
MANAGED AUDIT PROCESS
Any organization can improve its internal and external systems through audits. Operational history, easily navigated audit trails, and general process understanding can strengthen two-way communication and inspire teamwork based on trust. Whether it is compliance, quality, safety, environment, or data security, audit reports are necessary to improve business operations.
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on a specific structure, and each piece must work in harmony with the others. While the structure of a song includes many parts—the verse, the chorus, the bridge, the hook, and
so on—the structure of an effective approach to compliance similarly must be well developed and designed. Key parts of the structure include a system to identify and track changes
in the obligations—the mandated requirements and the voluntary commitments that each organization faces, management actions and controls that respond to address each
Carole Switzer is the co-founder and president of OCEG, a nonprofit think tank that develops standards and guidance to help organizations achieve Principled Performance—the reliable achievement of objectives while addressing uncertainty and acting with integrity. www.oceg.org
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obligation, identification and reporting of issues and potential for failures to conform, methods for auditing and improving, and overall an integrated workflow that enables quick exchange of relevant information across and throughout the structure. Most often, though, both the business and the compliance capability of an organization have built up over time, with the latter developing in a reactive and haphazard manner. And that has resulted in an unstructured and disjointed approach that makes more noise than music. The need to step back and listen, identifying all of the parts and then determining those that work well and those that don’t, is clear. Putting policies and procedures in place is not enough, nor is randomly applying technology. Think about the former as the notes and the latter as the instruments on which they are played. What is missing? It is the skilled musician, the person who brings these two essential elements together. When I was in college, I had a friend who was a harpist studying under the foremost harp teacher in the world. On her wall was a quote from her teacher that read: “Focus on technique. The notes will follow.” What does this mean in the context of compliance management? It means develop the skill to design, structure, and operate a compliance capability that uses the right technology that you operate to its best advantage. Just as the success of a piece of music is highly dependent on the synergistic skills of the composer and the group of musicians who work together to perform it, the compliance management process is dependent on coordination of skillful people, well-designed processes, and highperforming technology that make it sing. Without structure, skill, and synergy, our compliance efforts will remain badly out of tune.
Teams are encouraged to participate
Saturday, May 13, 2017 ~ 9 a.m. Adams Ricci Community Park, East Pennsboro Township In memory of 28-year-old Randi Trimble who was murdered in her East Pennsboro Township home, January 10, 2003, by a killer hired by her husband. Both men are currently serving life terms with no chance of parole. Benefiting Randiâ&#x20AC;&#x2122;s House of Angels, a project of the Foundation for Enhancing Communities
For questions, registration, pre-registration and sponsorship opportunities, call Nancy Chavez at 717-503-4498 or visit our website at Randishouseofangels.org.
The official registration and financial information of The Foundation for Enhancing Communities may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1.800.732.0999. Registration does not imply endorsement.
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~ April 2017 | BUSINESSWoman
Does Your Dated Deck Need Some TLC?
A progression from unsightly ...
By MEGAN JOYCE
Lifestyle
A
s the first rays of springtime sun begin to peep through April’s clouds, warming the air and teasing us with the promise of even pleasanter weather to come, we turn our mind’s eye toward the approaching days when we can again enjoy our home’s outdoor environs: veggies and flowers in a garden, kids or grandkids splashing in a pool, and time to relax with our bare feet up, wiggling our toes in the sunshine on a backyard deck. But wait—the deck. It’s faded. It’s cracked and peeling. It’s rife with splinters, and you’re not even sure it’s level anymore. It’s hard to underestimate the damage the elements—not to mention years of foot traffic—can do to a traditional, wooden deck. Such was the predicament of Christianne Rupp, vice president and managing editor of On-Line Publishers, and her husband, Randy. The Rupps’ approximately 20-by22-foot wooden deck, originally built in the late ’80s, received a damaging, fading blast of full sunlight during the day. “It’s a huge area, and the wood had become splintered and cracked,” Chris Rupp said. “My husband and I have a hot tub where we like to relax and a small swimming pool for the grandkids to play in, and it was always a concern about getting splinters.” Several years back, the Rupps attempted to preserve their deck by applying a painted-on product that
claimed it would form a tough coating over the existing wood, akin to having had the deck resurfaced. “The problem was that it looked like it was painted on,” Chris Rupp said. “Obviously, it didn’t look like wood anymore. Then the paint popped off wherever there was a knot or nail, so we had to keep touching it up.” By last year, the finish was completely peeling off the deck’s built-in benches, and “the color we chose, cedar, was very orangey. It was horrid,” Chris Rupp said. “It always reminded me of a giant pumpkin.” “We felt trapped in some respects,” Randy Rupp said. “We wanted to renovate, but there was the money that had to be considered.” Determined to finally give their outdoor living space the thorough overhaul it needed and deserved, the Rupps researched products and decided to have the deck torn down and rebuilt using AZEK, a capped polymer decking material that comes in a variety of colors and real-wood looks. “We decided to go with the composite material (AZEK), which had a higher cost but had a great look with no maintenance,” Randy Rupp said. AZEK comes with a 30-year warranty and promises to withstand the elements and resist scratches, stains, mildew, and mold. “We had mold trouble with the wood deck, so that was important to us,” Chris Rupp said. “The deck is BUSINESSWomanPA.com
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... to fantastic! in full sun most of the day, so it was important that the product could withstand heat.” After receiving quotes from a few construction companies, the Rupps went with Lititz-based Knob Hill Construction. Knob Hill specializes in framing houses and townhomes but also frames decks, renovates and remodels homes, and performs many “smaller” jobs. Despite the “pumpkin” color and splintering planks, Darren Hoover, co-owner of Knob Hill Construction, could still see the original deck’s foundation was something he could work with. “I was impressed by how straight the original deck was, and where the hot tub was sitting, [the deck] wasn’t sagging at all.” Because the Rupps ran the boards in the same direction and square on the joists, Hoover was able to frame the new joists at 16 inches on center. He said the Rupps had considered running the boards diagonally, but that would have meant framing the new joists 12 inches on center and would have also resulted in a lot of wasted boards from cutting each board longer as they moved away from the house. As anyone who’s ever done a home-improvement or remodeling project knows, choices abound—in this instance, even down to how you want your deck boards fastened: by using hidden fasteners or by face-screwing the boards. Hoover and the Rupps went with the latter, using a color-matched screw that blended in with the deck boards and can’t easily be seen. It also makes it easier to replace a board if necessary.
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The hot tub nestled near the side of the house called for some extra consideration. That section of the deck needed to be able to carry the hot tub’s extra weight, so Hoover installed extra six-by-sixes and
~ April 2017 | BUSINESSWoman
doubled up the joists supporting the hot tub to ensure the hot tub would sit on a strong, even surface and not sag even after years have passed. Having transformed the deck from “pumpkin orange” to a more
modern and muted gray, Hoover recommended accenting the four-byfours supporting the built-in bench seats with white, vinyl sleeves. Hoover and his crew also added a bar for entertaining and replaced an existing French door with an Amishmade French door with a composite jam and brickmolding, which will never rot. The aged, sliding patio door got a similar upgrade, too. “The raised bar area (formerly part of the surrounding bench) adds a classy touch while being able to accommodate additional seating with stools,” Randy Rupp said. Hoover was pleased with the way the project progressed, despite meeting some resistance from the sometimes unpredictable Central Pennsylvania soil. “The only issue we came across was when we went to drill the holes for the new footing for the six-bysixes—there was an abundance of rocks,” Hoover said. “Other than that, the project went well, and I hope the Rupps can spend a lot of time out on their deck for years to come.” With the renovation completed with plenty of time to spare before summer sets in, the Rupps are more than pleased with the results and eagerly await the pitter-patter of their grandsons’ splinter-free feet. “Quite honestly, prior to getting this project done, Chris and I were both embarrassed to entertain if it involved being outside,” Randy Rupp said. “Now we are very proud to have family and friends over and show it off. This is clearly one of our better decisions in updating our living conditions while adding value to our property.”
Not Just for Walking:
Our Revelatory Feet By BARBARA TRAININ BLANK
O
level, leading to the formation of crystals inside a joint. The podiatrist works with a primary care doctor to treat it and prevent recurrent gout attacks, which can cause arthritic changes in the joint they continue to occur in. Other types or arthritis can present in the foot: degenerative, post-traumatic (injury), rheumatoid, and psoriatic. “Although rheumatologic disease affects the joints of the lower extremities, it is often systemic,” said Mulhern. With psoriatic and rheumatoid arthritis, findings show up on the X-rays of the foot that may be indicative of early signs of a rheumatologic disease. The podiatrist would refer the patient to a rheumatologist for further workup. Degenerative and post-traumatic arthritis are usually not associated with a systemic issue.
Jennifer L. Mulhern, D.P.M., associate physician at Martin Foot and Ankle. Plantar fasciitis—the inflammation of a thick band of tissue that runs across the bottom of your foot, connecting your heel bone to your toes—causes pain. Inserts or physical therapy, which rehabilitates muscles to improve flexibility and strength and improves symptoms, can help. “But plantar fasciitis is generally
At-home foot exercises can help foot flexibility: •D rawing the alphabet with your foot in the air helps loosen tight muscles. •P lace the front of your foot on a step and let the back of the foot hang off. Hold for 3 seconds. This improves calf flexibility. •S tand at a countertop, holding on, and lift your heels off the ground. This strengthens foot/ankle muscles. •W alk or do physical exercise for general and cardiovascular health.
localized,” Mulhern said. When a diabetic patient comes in, the podiatrist stratifies that person in a specific risk category based on multiple factors and the effects the illness has already had. The stratification identifies the likelihood of the person developing complications in the lower extremities. Diabetes can cause blood flow and nerve problems, and the risk category relates to that. The longer the glucose is elevated, the more negative effects the person can experience. A podiatrist who sees patients with “pins and needles in their feet” can rule diabetes in or out with further testing and coordination with a primary care physician. Neuropathy (problems with the nerves, usually the peripheral nerves as opposed to the central nervous system) may also mean the person has diabetes. In fact, since many people don’t go to a primary care doctor except when they’re sick, it may be the podiatrist
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ur feet contain a quarter of the body’s bones. Each foot has multiple joints, tendons, muscles, and ligaments. The nerves and blood vessels in the feet go all the way to the heart, spine, and brain. So it’s no wonder they’re sometimes a barometer of our general health. As one example, “If a patient gets cramping in the calves after walking a block or at night while lying flat, that’s often an indication of poor vascular flow,” explained Jennifer L. Mulhern, D.P.M., an associate physician at Martin Foot and Ankle in Lancaster. Pain in the calves after short walking distances or while lying flat can indicate that the lower legs are not getting enough blood and nutrients to keep up with the demand. When a patient presents with these symptoms, a physician needs to rule out blood-flow issues, or what is known as peripheral vascular disease. “A podiatrist would either order baseline vascular testing to evaluate the blood flow or refer to a vascular surgeon for a further workup,” said Mulhern. If the patient has cold toes, a lack of hair growth on the feet, or dry skin, a vascular issue may be involved. Muscle spasms at the end of the day might mean tight muscles, which need to be stretched. Another condition that affects the feet but is systemic is gout. A gouty attack presents as red, hot, swollen joints, mostly in the big toe. It indicates an elevated uric acid
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who diagnoses the diabetes. â&#x20AC;&#x153;In the worst-case scenario, a diabetic who has decreased sensation and blood flow may step on something and not realize it,â&#x20AC;? Mulhern said. â&#x20AC;&#x153;It can open into a wound and potentially become infected, and the patient may have difficulty healing due to decreased blood flow.â&#x20AC;? Dehydration can be related to feetâ&#x20AC;&#x201D;with symptoms of muscle cramping, cracking nails, and dry skin. Poor nutrition leads to poor overall health. Specifically, nerve symptoms can relate to vitamin B deficiency. Stress fractures (inflammation inside the bone without a precipitating event) can relate to vitamin D deficiency, though this deficiency is sun related, not just diet related. Numbness in the feet can be a result of many issues. Diabetes is one, but so is entrapment of the nerves called tarsal tunnel (like carpal tunnel in the wrist). Another problem can be the result
of lower-back problems. Patients who have previous lower-back issues or low-back surgery can have lower extremity nerve pain, though â&#x20AC;&#x153;they often donâ&#x20AC;&#x2122;t put two and two together,â&#x20AC;? said Mulhern. Toenail changes can signify systemic issues such as iron deficiency, psoriasis, or liver disease. They can also be related to cardiac disease, but not always. Fungus is usually localized. Some people get pitting of nails or clubbing, in which the entire ends of the fingers and nails appear rounded from top to bottom and side to side. This may indicate some cardiac issue. If experiencing charley horses, you have to increase water or drink electrolyte drinks or tonic water, which contains quinine. Donâ&#x20AC;&#x2122;t diagnose yourself. â&#x20AC;&#x153;A lot of complaints can have multiple pathologies,â&#x20AC;? said Mulhern. â&#x20AC;&#x153;The physician has to correlate the symptoms with the clinical picture and what the patient says.â&#x20AC;?
Wellness
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The Walker’s Workout – Give It Strength By KELLY JAMES-ENGER
I
Perform eight to 12 reps.
an easy pace for five minutes. To make the workout more challenging, you can walk at a moderate pace for two to three minutes between each move; if you’re new to working out, simply do the moves in the order shown and then walk at an easy pace afterward for five minutes to cool down. Start with one set of each exercise; work up to two to three sets of each exercise before you move on to the next one. Simple Squat Stand with your feet just outside
your hips, toes pointed slightly out. Place your hands together in front of your chest. Engage your abdominal muscles (imagine pulling them back toward your spine), and keeping your chest up, bend your knees to push your bottom back and down as if you were going to sit on a bench or chair behind you. Lower your body until your thighs are parallel to the ground (or as low as feels comfortable to you) and then use your leg strength to return to the original position.
Alternating Lunges Stand with your feet directly under your hips. Step forward with your right leg, making a large enough step so that both your right knee and left knee make a 90-degree angle as you lower your left knee toward the ground. Then straighten your left leg and step back with your right leg to your original position. Repeat, stepping forward with your left leg, lowering your right knee to the ground. Do eight to 12 reps on each leg. Modified Pushups For this move, you’ll need a heavy bench, fence rail, or other stable object. Stand about 2 feet from the bench or fence rail, and place your hands about 3 inches wider than your shoulders on the stable object. Keep your legs straight and come up on your toes; engage your abdominal muscles and slowly bend your elbows until your elbows form a 90-degree angle and then push up, straightening your arms. Do eight to 12 reps.
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t’s not surprising that walking is one of the most popular ways to get and stay fit. First, for most of us, walking is easy—you slip on comfortable, supportive shoes and head out the door. When the weather is cold or wet, you can walk at your Y, gym, or even a local mall. Walking is great cardiovascular exercise that strengthens your heart and lungs, lowers your blood pressure, and reduces your risk of developing Type 2 diabetes and other medical conditions—all while burning calories! However, to lose weight and keep it off, walking pales in comparison to strength-building moves. So why not give this routine a try? Perform it two or three times a week in place of (or in addition to) your regular walk, and you’ll strengthen your muscles, joints, and ligaments. Because strength training increases your muscle mass, you burn more calories all the time, which helps you keep those pounds off. And all you’ll need is an exercise band for some of the moves. Warm up first by walking at
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Biceps Curls Place the exercise tubing under your feet, which are under your hips, and hold the handles of the exercise tubing in both hands, hands at your sides, knuckles facing forward. There will be some tension in the band. Keeping your abs engaged, bend your elbows and bring the exercise band handles up toward your shoulders before slowly lowering them back down to your sides. Do eight to 12 reps. (If doing both arms at the same time is too challenging, do one arm at a time.) Triceps Kickbacks Stand with your feet under your hips. Step forward with your right foot as if you were going to perform a lunge and keep one end of the tubing under your left foot so it’s secure. Hold the other end of the tubing in your left hand. Hinge forward with your abs engaged, and adjust the tubing so there’s some tension in it. Pull the tubing up toward your hip, and keeping your left arm close to your body, straighten your arm and squeeze; then return your arm so it’s at a 90-degree angle. Do eight to 12 reps and then switch sides and repeat with your left leg forward and working your right arm.
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Tree-Assisted Row Stand facing a tree (or light pole if necessary) and place the tubing around the tree. Hold the handles at chest height far enough from the tree, knuckles facing up. Bend your arms and pull your arms back until they reach a 90-degree angle. Pause briefly and then slowly return your arms to the original position. Do eight to 12 reps. Bench Crunches Find a bench and sit down, with your hands on either side of you, feet under your hips. Holding on to the bench for balance, engage your abs and lift your feet up off the ground a few inches and bring them toward your chest just a bit. Pause and then return your feet to the ground. Do eight to 12 reps. • Kelly James-Enger is an ACE-certified personal trainer.
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Women to
Lynn Fitzsimons has been named The Walz Group’s president. Fitzsimons joined the firm in 2002 as a senior accountant in the Commercial Enterprise Division and became a lead partner in the Audit Division in 2010. She serves on the board of directors for the United Way of Lancaster County.
Heather R. Hall has been appointed
Michelle McCall has accepted the position as chief executive
Breanne McClellan was hired for
Melissa Ruffing has joined Berkshire Hathaway HomeServices Homesale Realty as a Realtor®. Ruffing specializes in residential sales throughout York and Adams counties. She has three years of real estate sales experience and has earned the Senior Real Estate Specialist designation.
Maria Yaremchak, PHR, SHRM-CP, is the
senior vice president and commercial loan manager for Mid Penn Bank. Hall previously served as director of surety at Gunn-Mowery, LLC. She has more than 16 years of experience in financial services.
corporate training and development for HB McClure. She joined HB McClure in the fall of 2016 to help the corporate team create and implement HB University (HBU). Prior to HB McClure, McClellan served as a platoon sergeant in the U.S. Marine Corps.
officer of YWCA Lancaster. McCall previously led as the YWCA’s interim CEO from January through September 2015, and again from September through December 2016.
newest HR consultant with Alternative HR in York. She brings several years of HR management experience to the team.
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ACHIEVEMENTS & Rashell Brunner, owner of Emergence Skin Care Studio, has earned her microblading license and bloodborne pathogens certificate for the state of Pennsylvania.
THIS SPACE COULD BE YOURS! See below regarding how to submit your achievements and/or career changes. You have worked hard to get where you are; why not share it with other businesswomen just like you!
Celebrate your achievements! Did you or someone in your organization get a promotion? Did you hire someone spectacular? Did you or your company receive an award? BusinessWoman magazine would love to let the world know! Upload your picture(s) and information at: businesswomanpa.com/career-moves-achievements
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Email your announcements of career advancements and professional new hires to crupp@onlinepub.com. Photos should be saved as a tiff, jpeg, pdf or eps at 300 dpi. Mail to: BUSINESSWOMAN, 3912 Abel Drive, Columbia, PA 17512. Photos sent through mail will not be returned. Please – no duplicate releases.
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American Business Women’s Association (ABWA) Camelot Chapter 6 p.m. 3rd Monday of the month Radisson Hotel Harrisburg, Camp Hill Marianne Troy, President 717.802.5622 mariannetroy@gmail.com www.abwacamelot.com Lancaster Area Express Network 7:15 – 9 a.m. 3rd Wednesday of the month Lancaster Country Club 1466 New Holland Pike, Lancaster Gail Tomlinson 267.278.6011 tomlinson.gail@comcast.net www.LAEN-ABWA.org Lebanon Valley Chapter 6 p.m. 4th Wednesday of the month Hebron Fire Hall 701 E. Walnut St., Lebanon Penny Donmoyer 717.383.6969 www.abwalebanonpa.com Penn Square Chapter 11:45 a.m. – 1 p.m. 1st Thursday of the month Hamilton Club 106 E. Orange St., Lancaster Laurie Bodisch, president 717.571.8567 lbodisch@fult.com www.abwapennsquare.org
Wheatland – Conestoga Chapter 6 p.m. 1st Tuesday of the month Heritage Hotel 500 Centerville Road, Lancaster Linda Landis, President 717.880.6074 lalandis0114@comcast.net www.abwa-wc.org Yellow Breeches Chapter 6 p.m. 4th Wednesday of the month Comfort Suites 10 S. Hanover St., Carlisle Kerina DeMeester kerina1011@gmail.com Central PA Association for Female Executives (CPAFE) 1st Wednesday of each month Refer to the website for the meeting location Lori Zimmerman, President 717.713.7255 info@cpafe.org www.cpafe.org Executive Women International Harrisburg Chapter 5:30 p.m. 3rd Thursday of the month Rotating location Deb Pierson dpierson@piersoncci.com www.ewiharrisburg.org Faith & Business Women Networking 8:15 a.m. 1st Friday of the month York Springs Foursquare Church 400 Main St. York Springs, PA 17372 717.659.9488 or 717.752.6104 FABWomen1@gmail.com
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International Association of Administrative Professionals Capital Region of Pennsylvania LAN Meeting Locations Vary Pam Newbaum, CAP-OM LAN Director pneubaum@pinnaclehealth.org 717.782.5787 www.iaap-harrisburg-pa.org Pennsylvania Public Relations Society 5:30 p.m. Last Thursday of the month Erin Kanter, President pprshbg@gmail.com www.pprs-hbg.org Shippensburg Women’s Area Networking (SWAN) Noon 1st Wednesday of the month Rotating location Amanda Ridgway, President shipswan@yahoo.com www.facebook.com/shipswan
Women’s Business Center Organization (WBCO) 11:30 a.m. – 1:30 p.m. 2nd Tuesday of the month Sept. through April Alumni Hall – West Campus York College of PA 441 Country Club Road, York Lynne Breil, Executive Director lynne@theprofessionaledgeinc.com Julie Sterner, Administrator jsterner@ycp.edu www.wbcoyork.org
Women’s Capital Area Networking (WeCAN) 11:30 a.m. – 1:30 p.m. 3rd Wednesday of the month Radisson Hotel 1150 Camp Hill Bypass, Camp Hill Abeer Allen, President 717.514.4449 info@wecanconnect.org www.wecanconnect.org Women’s Network of York 11:30 a.m. 3rd Tuesday of the month Out Door Country Club 1157 Detwiler Drive, York Lori Detter, President president@wnyork.com www.wnyork.com
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Insurance Professionals of Lancaster County (IPLC) 5:45 p.m. 3rd Tuesday of the month, Sept. – May Heritage Hotel 500 Centerville Road, Lancaster Krista Reed, Treasurer kreed@gunnmowery.com www.internationalinsuranceprofessionals. org/ group/117
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