The Professional Contractor Spring/Summer 2013 by The Warren Group

THE PROFESSIONAL

SPRING/SUMMER 2013

A Publication of the Associated Subcontractors of Massachusetts, Inc.

3D Printing STILL IN EARLY STAGES BUT POSSIBILITIES ARE UNFOLDING

Workers’ Comp Keeping Costs Under Control

Health Care The ASM Co-Op Is Now In Business

THE PROFESSIONAL

A Publication of the Associated Subcontractors of Massachusetts, Inc.

Above: An architectural rendering created by Wentworth Institute of Technology’s 3D printer.

12 3D Printing Still in Early Stages, but Possibilities are Unfolding cover story

features

04 PRESIDENT’S VIEW Bacon, Ham and Sausage 06 MEMBER PROFILE Spotlight on J & M Brown Company 07 ASM HEALTH INSURANCE CO-OP Offering Member Savings on Health and Wellness Benefits 08 GC SPOTLIGHT Nauset Construction 10 TAX PLANNING Latest Changes in Tax Law Makes Planning Even More Critical

14 INSURANCE Factors Affecting the Cost of Workers’ Compensation 16 MULTITASKING REALITY Studies, Scientists Suggest Multitasking is not What We’re Doing 18 HEALTH INSURANCE Employer Shared Responsibility Under the Affordable Care Act 20 GALLERY ASM Events 22 MEMBER NEWS The Professional Contractor

PRESIDENT’S VIEW

BY DAVID G. CANNISTRARO

Bacon, Ham and Sausage

“B

acon … ham … and, uh, uh … ” The chubby young boy in jams and a T-shirt surveyed the dozen options at the omelet station. What would it be? My wife and I watched him, amused as to what he might say next. Spinach? Tomatoes? Broccoli? Not on your life. This was Texas. This was his vacation. His final selection was “sausage.” Bacon, ham and sausage. The adults in line let out a nice laugh; the boy didn’t seem to notice. He ordered his omelet and he moved on to the Belgian waffle station. Life is good. Back in the nanny states that make up much of the left and right coast of these great, united states, I am sure someone would make a law against ordering three fat-filled meats with an omelet. I was expecting to hear his parents dribble on about eating a healthy balance and making good choices in life but they looked on and smiled, proud that their boy brought some joy to a bunch of strangers. Good for them. Don’t get me wrong; I am not advocating our kids eat like this every day, but sometimes we just have to say, “I’m on vacation; I’m in Texas; I’m getting bacon, ham and sausage.” Mental health is just as important as physi-

cal health, and I suppose on some level the two are intertwined or inseparable. By now, my readers must be wondering, what the heck does this all have to do with ASM? Well, I am taking a mental health break from writing a serious message this quarter, but I do feel somewhat obligated. So here it goes. If you and your employees have been eating too much bacon, ham and sausage these last few years and your health insurance costs are as high as your blood pressure and BMI combined, then it’s time to find out about our new health insurance cooperative (see more, next page), guaranteed to save you money on the same plans you would get street-pricing for. AND, our new wellness program, available to our members whether or not they join the co-op, will help you and your employees rebalance your diet, jumpstart your exercise program and help deal with the stress of our industry. So, in one year’s time, you can take your savings and your new physique to Texas and order all the bacon, ham and sausage you can eat – with a special thank-you to ASM. Bon appétit. s

David G. Cannistraro is executive vice president of J.C. Cannistraro in Watertown, and president of ASM. He can be reached through ASM at (617) 742-3412 or by email at president@associatedsubs.com.

The Professional Contractor is published by The Associated Subcontractors of Massachusetts, Inc. One Washington Mall | Fifth Floor | Boston, MA 02108 tel 617-742-3412 | fax 617-742-2331 mail@associatedsubs.com | www.associatedsubs.com

ASM Officers

President: President Elect: Vice President: Vice President: Vice President: Treasurer: Past President: Past President:

ASM Directors

David G. Cannistraro J.C. Cannistraro, LLC Richard R. Fisher Red Wing Construction Joseph H. Bodio Lan-Tel Communications, Inc. Steven P. Kenney N.B. Kenney Co. Gregory A. Porfido Mark Richey Woodworking & Design, Inc. Russell J. Anderson Southeastern Metal Fabricators, Inc. Sara A. Stafford Stafford Construction Services, Inc. Scott H. Packard Chapman Waterproofing Co.

Spring/Summer 2013

The Warren Group Design / Production / Advertising www.thewarrengroup.com custompubs@thewarrengroup.com ©2012 The Warren Group, Inc. and Associated Subcontractors of Massachusetts, Inc All rights reserved. The Warren Group is a trademark of The Warren Group Inc. No part of this publication may be reproduced in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without written permission from the publisher.

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The Professional Contractor

MEMBER PROFILE

BY JACKIE RAFFERTY

Spotlight on J & M Brown Company

Jackie Rafferty is the manager of public relations and marketing communications for the Associated Subcontractors of Massachusetts. She can be reached at jrafferty@associatedsubs.com or (617) 742-3412.

Spring/Summer 2013

hen J & M Brown was launched in 1922 by brothers Joseph and Martin Brown, their first project was a door buzzer job for exactly $9.50. Fast forward 92 years and you will find J & M Brown Company on some of the most prestigious projects in the state, including the electrical construction of the Longwood Center in the heart of the Longwood Medical area, now under way. Though the company has grown in size and stature, their business philosophy has remained unchanged. They approach every customer with the same dedication and commitment that contributed to their early success. J & M Brown stresses the attributes of a high performing corporate culture, including integrity and personal responsibility, coupled with quality workmanship. Today, J & M Brown Company provides comprehensive electrical construction and related services across diverse market sectors. The company has five divisions: Electrical Construction; Special Projects and Electrical Service; Fire Alarm; Tel/ Data; and Security and Energy. The Electrical Construction Division has become one of the foremost commercial, institutional, and industrial electrical contractors in the industry. Their portfolio includes One Beacon Street in Boston; Brigham & Women Hospital’s Intensive Care Unit; Newton Wellesley Hospital; Winchester Hospital Center for Cancer Care Center; MFA Boston – New American Wing; One Hampshire at Kendall Square; MIT’s Building W1 historic renovation; the Fleet Center (aka the TD Garden); and the Landmark Center. The Special Projects Group focuses on tenant fit-outs, renovations, electrical maintenance and energy retrofits. Projects include electrical maintenance of all Blue-Cross/Blue Shield offices in Eastern Massachusetts; electrical service work for the TD Garden; and numerous other prominent facilities throughout Greater Boston.

The J & M Brown Fire Alarm Division is a leading provider of advanced fire alarm systems for new buildings, as well as retrofit systems for historic buildings and renovations. The company has provided fire alarm renovations to such facilities as the Prudential Center, Federal Reserve Bank, New England Baptist Hospital, Atlantic Wharf (formerly Russia Wharf), and Westin Boston. The Energy Division provides facility energy audits, planning, installation and management of energy efficient lighting retrofit projects for Greater Boston facilities, including the Department of Energy Resources (DOER). Spectrum Integrated Technologies offers advanced solutions in network cabling for tel/data systems throughout Eastern Massachusetts, and is also a leading provider of high-rise electronic security systems. Spectrum’s services including security networks, access control systems, CCTV and Covert Systems, security management systems and electronic imaging and identification badge systems. Complementing J & M Brown’s impressive corporate history is the company’s commitment to community. Deeply rooted in Jamaica Plain, the company maintains ties to the local community and throughout Greater Boston, through its contributions to numerous community organizations, including the JP Neighborhood Development Foundation and the Egleston Square Main Street Organization, as well as its involvement with major fund raising efforts. J & M Brown has been a member of ASM since 1990 and maintains a presence in several other professional organizations, including National Electrical Contractors Association (NECA), International Brotherhood of Electrical Workers (IBEW), National Fire Protection Associations (NFPA), The Associated General Contractors of America (AGC), and Building Owners and Managers Association (BOMA). s

ASM HEALTH INSURANCE CO-OP

BY MONICA LAWTON

Offering Member Savings on Health and Wellness Benefits

or years, ASM had heard members complain about skyrocketing costs of health insurance for their employees. Next to payment issues, it was their number-one business challenge – so ASM resolved to do something about it. In 2010, when Massachusetts passed the Health Care Cost Containment Law, which (among other things) allowed the formation of “group health purchasing cooperatives,” ASM was one of the first associations in the state to get in line to set one up. Only six were to be authorized statewide, and we didn’t know if we’d make the cut, but we were determined to try, knowing how important the health insurance issue was for ASM members. After a rigorous application process lasting nearly two years, ASM had cause to celebrate last July when we received certification from the MA Division of Insurance to establish the ASM cooperative, only the

third in the state. In the months since, we have worked closely with our designated co-op administrator, TGA Cross Insurance of Wakefield, to put operating systems in place that will ensure the best possible experience for participating members For more information and brokers. With implementation now about the ASM Co-op: complete, the new ASM Health Insur• Call ASM at (617) 742-3412 or ance Co-op opened for business this visit www.associatedsubs.com. • Contact your broker or contact Co-op spring, accepting enrollments starting Administrator Andrew Godfried of TGA April 1. Cross Insurance in Wakefield at (781) ASM is thrilled to be partnering with 224-5738. industry leader Blue Cross, Blue Shield • Brokers, please contact the co-op of Massachusetts to provide the co-op’s administrator (see above) for information on becoming a certified health insurance options. ASM membroker for the co-op. bers are able to choose from five popucontinued on page 19

Monica Lawton is CEO of ASM.

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The Professional Contractor

GC SPOTLIGHT

BY JACKIE RAFFERTY

A Conversation with Nauset Construction’s Ben Goldfarb

n 2004, drawing from their cumulative experience in construction and business management, Anthony Papantonis, Kevin Randall, Benjamin Goldfarb, E. Aran Byrnes, Robert Nunez and Robert Leach launched Nauset Construction, a construction management and design-build firm. Under the leadership of Anthony Papantonis, president, Nauset’s mission remains the same: to provide developers and building owners with unparalleled preconstruction, construction management and design-build services at a competitive value throughout New England and beyond. Nauset started with projects in the athletic/recreation, senior living, commercial and retail market sectors, beginning with their first project in Foxboro, Mass Premier Courts. “Nauset Construction was an exceptional partner to work with on this project,” said Gregory Marcotte, developer and president of Mass Premier Courts. “Tony Papantonis and his team of seasoned construction professionals provided invaluable preconstruction guidance that continued with skillful management through the construction phase providing me with peace of mind.” Nauset’s commitment to superior customer service and high standards has earned them accolades in the industry. They approach every construction project by listening to the client’s needs and developing a well organized approach. Client satisfaction has always been, and will remain, their primary goal throughout all phases of the project. I recently had the opportunity to talk with co-founder and vice president, Benjamin Goldfarb, about Nauset’s growth.

How has Nauset Construction evolved over time? Jackie Rafferty is the manager of public relations and marketing communications for the Associated Subcontractors of Massachusetts. She can be reached at jrafferty@associatedsubs. com or (617) 742-3412.

Nauset has continued to focus on New England’s key market sectors, including education, medical, commercial, retail, multi-unit residential and senior living, while developing a healthy mix of private and public (federal and state) work. Nauset is currently constructing one of its largest projects to date for the Massachusetts National Guard at Hanscom Air Force Base – Phase 2 of the Joint Force Headquarters – a four-story, 80,000-square-foot office building.

Spring/Summer 2013

How has Nauset Construction embraced the changing design landscape? On many of our projects today, we are asked by owners to get involved from the early planning stages of the project to work collaboratively with the design team on constructability issues, material and system identification/evaluation and other time- and costsaving options, all in an effort to minimize risk during the construction phase of a project. This early involvement not only includes Nauset’s in-house preconstruction team, but its key subcontractors such as the MEP trades. The design-to-construction process has become much more collaborative with an open exchange of critical ideas and information from which owners can make more informed decisions.

How has technology changed the profession, and how has Nauset responded? One of Nauset’s founding philosophies, and one we continue to focus on, is the importance of investing in our employees’ future while providing them with the necessary tools and technology training to improve efficiencies, quality and professionalism. For example, Nauset employs building information modeling (BIM) technology on the majority of its projects. This 3D visualization tool allows our team to coordinate complicated building systems with our subcontractors, particularly the MEP trades. Our clients have realized many benefits of utilizing BIM, including greater communication among all project team members (both design and construction), enhanced understanding of complex building details, expedited and predictable project workflow, reduced field errors and significant time and cost savings.

What is unique about your work and what projects are you working on now? Nauset continues to develop a diverse portfolio of project and customer types, including ground-up, adaptive reuse, historic preservation, energy-conservation upgrades, additions, renovations and tenant improvements. We excel at complex projects on challenging sites with aggressive time and budget requirements – often in sensitive, occupied and operational environments, such as senior living, medical, educa-

tion and multi-residential buildings, campuses and neighborhoods. Our recent project portfolio includes the Franciscan Hospital for Children; the Kennedy Day School addition in Brighton; the Chace House, a 22-bedroom dormitory at the Brooks School in North Andover; the Hathorne Hill Rehabilitation Center for Beverly Hospital in Danvers; and the Joint Force Headquarters at Hanscom Air Force Base.

What sets you apart from the competition? We believe that our employees and team chemistry are what make Nauset unique and distinguishes us from the competition. Nauset is run by industry veterans with a shared goal of providing an unparalleled client experience. Our corporate culture of collaboration and excellence stems from this senior management team, who had forged powerful working relationships long before Nauset was formed.

How would you describe your rapport with owners? Our relationships with owners begin with the end in mind, which for Nauset means securing a positive reference at project completion with the critical goal of having the owner want to work with Nauset again on future projects. Nothing gives us greater satisfaction than to have a client say at the end of the project – as New Atlantic Development’s director of construction Brian Goldson did recently – that “Nauset has a good team approach and were good partners at the table. … They’re an owner-focused company.”

What is your relationship with subcontractors, and what would you like them to know about Nauset?

We collaborate very closely with the subcontracting community and we are continuously developing strong relationships with new subcontractors. We value our subcontractors as key project partners and an integral part of the project team throughout the entire preconstruction and construction process. Starting from the top, our policy is to treat our subcontractor partners as we would our clients – with honesty, professionalism and open-lines of communication. If you speak with Nauset employees about our subcontractors, you will hear that Nauset’s ability to successfully serve our clients is critically dependent on the integrity, reliability, experience, safety and professionalism of our subcontracting partners. Nauset’s subcontractors are the key to our projects’ success.

How would you define a successful project? Nauset measures a successful project by the level of positive experience the owner and entire team has realized at the end of a project. Most importantly, Nauset defines a truly successful project by whether or not the owner expresses interest in working with Nauset again in the future.

What is your view of the economy’s impact on the construction market today? Despite the continued overall economic uncertainty in the market, turmoil in Washington and continued challenges in securing financing for many project types, the construction environment in New England is improving, albeit slowly – and that is good news for us all. s

Teamwork We take a collaborative approach when we take on a project. Our project managers and skilled craftspeople partner with general contractors, owners, architects, and engineers to achieve outcomes that make us all proud. We know our best work is always the result of teamwork; and we appreciate the opportunity to be part of the team. Corporate Headquarters: 116 Hopping Brook Road Holliston, MA 01746 (508) 429-8830

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The Professional Contractor

TAX PLANNING

BY SALVATORE P. FALZONE JR., CPA

Latest Changes in Tax Law Makes Planning Even More Critical

he American Taxpayer Relief Act of 2012 that became law in January famously rescued the nation – at least temporarily – from the dreaded fiscal cliff. Although a potential economic nightmare may have been averted for a while, the new law also brought a new look to the 2013 tax policy landscape. Many of the changes impacting all of us as individual taxpayers have been written about extensively in the press. But others, directly linked to business activities, have received less attention. I will address one of the most potent of these – the Section 179 deduction – from a constructionindustry perspective so that perhaps you’ll be able to use it to your advantage.

Many Tax Breaks Made Permanent – For Now As it stands now, U.S. tax policy will continue to help those near the bottom of the taxable income ladder most by partially subsidizing certain family costs such as mortgage interest, daycare, tuition, student loan interest deductions and so forth. As household income climbs, some of these tax breaks get phased-out. Note: a potential phase-out of the mortgage interest deduction for upper income households has been floated recently by lawmakers in Washington – a move that would wreak havoc with real estate values and the pace of new residential construction. But this is a topic for another day. At incomes above where these breaks help most of us, tax planning becomes simple (and estate planning becomes all the rage). For those with little change in taxable income from year to year, short-range planning is relatively easy. But tax planning gets trickier for those whose incomes rise or fall from year to year based on their business results. Sal Falzone is a partner in the Boston area accounting and business advisory firm Rucci, Bardaro & Falzone PC. Through the firm’s Construction Business Services Group, he offers business, financial and strategic planning advice to companies in transition. For specific questions about your tax situation, contact Falzone at (781) 321-6065 or salf@rbfpc.com.

Spring/Summer 2013

Planning becomes even more difficult if you can’t quite decipher what the rules are. Well, you are not alone on this score. According to a new survey by the National Federation of Independent Businesses, 85 percent of business owners say that the US Tax Code is too complex and should be overhauled. Over 90 percent say they have given up trying to comply with its provisions and instead pay outside professionals to prepare their filings. As of this writing, talks are underway in Congress to simplify tax rules for small businesses as part of comprehensive tax reform. But while Congress dithers, business owners still need to make decisions every day based on the tools and information they have at their disposal.

Section 179 Makes a Comeback For the construction industry, improvements to the Section 179 depreciation rules may be the most relevant and potentially valuable change to come out of the fiscal cliff deal. Limits on qualifying assets and write-offs that were set to drop dramatically in 2012 were restored by the new law to the more favorable limits available in 2011. This gives you even more incentive this year to plan the timing of equipment and machinery purchases as well as the scheduling of depreciation to attain maximum tax benefits. The key will be your ability to reasonably estimate what your taxable income will look like over the next few years. To illustrate, let’s assume you and your spouse will have steady annual taxable household income of $300,000 for the next few years. But let’s say you are worried that future federal tax changes might increase your tax rate by, say, seven points, from a marginal rate of 35 percent to 42 percent. That would represent a tax increase of 20 percent (7 percent divided by 35 percent). History suggests that rates would not take that dramatic a jump, as you would likely retain much of the break in rates on your first, say, $150,000 of income to temper such an increase. But marginal rates for incomes above that would likely bear more of the burden. Under these assumptions, you would not want to take the Section 179 deduction immediately, be-

cause although you might save $50,000 in taxes in 2013, you might instead save a total of $100,000 if spread out over the next few years.

Timing is Everything To understand how the timing can create a two-for-one disparity in actual tax, you need to have a feel for how marginal rates work. Most taxpayers are aware of the numerous incentives and their phase-outs. In a year where you take a $300,000 tax deduction, these incentives would all be available and your average tax rate would be far below the marginal rate (whatever it ends up at). So, if you were to take a Section 179 deduction of, say, $300,000 in 2013 (to completely offset your expected $300,000 of taxable household income), you might save yourself $75,000. But if you took straight-line depreciation over five years instead, that $60,000 annual deduction, at a 42 percent marginal rate would provide over $25,000 per year in tax savings, and save you an extra $51,000 in taxes overall. Much of it comes down to tax bracket management, a long-popular tool in the tax planning toolbox. When the economy is strong and the return on investment is high, most opt for the short-term savings, assuming they will earn more with the extra $50,000 in cash after the first year to more than make up for the extra $50,000 in taxes it cost them for that short-term benefit. But if you are expecting your taxable income to vary over the next few years, the timing of deductions like Section 179 can have a real impact on your wallet. Since all taxpayers are entitled to plan how to minimize their tax bills, we expect that more people will be consulting with their advisors in 2013, rather than allowing the chips to fall where they may. The most important thing to note when it comes to tax planning of any sort is to avoid letting the tax “tail wag the dog” (your business). In a still uneasy economic environment, it behooves you to work with an advisor who not only understands the ins and outs of the changing federal tax landscape, but who also truly understands your business. s

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1/25/12 10:24 AM The Professional Contractor 11

3D Printing Still in Early Stages, but Possibilities are Unfolding By Laura Schreier A strange assortment of knickknacks decorates the windowsill of the manufacturing lab in Boston’s Wentworth Institute of Technology: a model kidney, a bike chain, an action figure, an architectural model. Made of plastic, resin or powder, all were created – served up, fully formed – by one of the university’s three new printers. They seem like toys, but Peter Rourke, associate professor of mechanical engineering and technology, says the technology that produced them is a very big deal. Three-dimensional printing, also called “rapid prototyping,” is changing the way offices and factories do business, and will soon come into private use. “It’s pretty wild stuff – the applications of this are so varied,” Rourke said. Take the model kidney, for example. That kidney is based on an MRI scan, said Steve Chomyszak, Wentworth assistant professor of mechanical engineering and technology. It means doctors can create a 3-D model of an individual patient’s ailing kidney, or brain, or any other internal organ, and examine it before the patient heads into surgery. Or that bike chain. Complete with movable links, it shows how these printers can produce all types of model mechanical or industrial components that can be easily tested, modified and re-tested – all of which takes a fraction of the time building a traditional prototype might require. And the architectural model? It’s much quicker than the old, painstaking methods of making 3-D building models – the glue-and-poster-board way, Chomyszak said. Now you can create the model on computer software, hit “print” before you go home for the day, and it’s ready when you arrive for work the next morning. Having a tangible 3-D model is immensely helpful for architects and other creators, Chomyszak said. Computer models don’t give a sense of scale, and it’s harder to grasp how the spaces connect. “If you see it, there’s a different connection than if you look at it on a screen, or if I write about it,” he said. “It’s very tactile.”

Rapid prototyping’s major strength boils down to one basic concept, he said: You can test things easily. When you can have an idea and make a model in a matter of days, you can be creative without fear of wasting weeks or months on an idea that doesn’t work out. Chomyszak likens it to the advent of digital cameras. A digital camera instantly shows what you’ve got, as opposed to the bygone days of waiting to get film developed. “You can iterate like that,” he said, snapping his fingers, “discard the junk and focus on the good stuff. It’s the same idea.” Of course, users first have to understand how to make the items. Chomyszak notes that creators have to be able to design their parts in the 3-D modeling software, or to scan in the parts that they want. That still requires a specialized skill set, but new programs are making the system easier and more userfriendly, he said. Google SketchUp, for example, allows people to make 3-D parts for free online. Tinkercad is another home-based 3-D modeling system. “There are a lot of packages to get started,” he said. “If you want sophisticated parts, you need more sophisticated software, but the concepts are basically the same.” All 3-D printers work by building up layers of material: Wentworth’s three machines use powder, molten plastic and a liquid resin, respectively. For the last printer, the resin hardens when exposed to a controlled amount of ultraviolet light. Each machine has its own strengths – the powder is faster, the plastic is particularly user-friendly, and the resin is more finegrained and accurate, he said. But, Chomyszak said, you can 3-D print in any material that can be turned into a melted or powdered state – metal, ceramic or paper are all printable in this way. Wentworth got its printers during a lab renovation about two and a half years ago, but the professors believe this equipment will soon be everywhere. To be sure, individuals can shop for their own printers online, which cost anywhere from $500 to $4,000.

Retailers are starting to offer 3-D printers or printing services; in late 2012, office supply giant Staples announced it would offer 3-D printing services to customers in Europe. At the time of this interview, Chomyszak was looking forward to the imminent arrival of his own home 3-D printer. Like all nascent technologies, the professors believe these printers are quickly becoming better, cheaper, more user-friendly, and will be certainly more common. But for now, Wentworth students or faculty members must make requests to use the institution’s machines – Chomyszak first meets with them to make sure their designs are correctly formed and sized. The printing process takes hours, he said, and still requires a post-processing phase to solidify the object. That procedure can take up to 12 hours and a separate machine. The lab’s architectural model, for example, was printed one layer at a time – pre-assembled, including the steps – and then dipped in a special adhesive to solidify it. Rourke said he hasn’t observed construction or architectural firms delving into the technology as eagerly as their counterparts in industry and manufacturing. Designers in those businesses seem to be on

the forefront, with companies like Ford Motor Company building industrial parts with the printers, creating prototypes that they can actually test during their research and development. Of course, the equipment needs to be replaced with a traditionally constructed part for the actual vehicle. But someday, Rourke said, these printers will be able to produce usable parts. Take something as simple as a Lego block, he said. With current technology, you can print pseudo-Lego blocks, and they will fit with each other. But they won’t hold together as well, or stand up en masse, because they aren’t as well-made as a mass-produced, traditionally manufactured Lego. Yet it’s probable that the printers of the future will be able to make the “real” part – someday, a printed bike chain like the one in the lab now will be usable for an actual bike. People have always manufactured objects in one of three ways: by casting them in molds, bolting or melding them together, or whittling them out of raw materials, Rourke said. But this technology approaches creation in a totally different way. “After centuries of these three things, now we’ve got something that looks like a new player,” he said. s

Steve Chomyszak, assistant professor, mechanical engineering and technology, Wentworth Institute of Technology, with the lab’s 3D printer.

The Professional Contractor

INSURANCE

BY BERNARD K. QUINLAN, CPCU, CIC, CRM

Factors Affecting the Cost of Workers’ Compensation

tate laws and construction contracts require subcontractors to carry workers’ compensation and employers’ liability insurance. However, subcontractors retain a significant degree of control over their insurance costs. In the long term, loss experience will be the most significant factor influencing the contractor’s cost of insurance. The most successful contractors carefully manage their loss exposures and insurance costs.

Classification System Insurance underwriters utilize approximately 600 classifications to group all employers, with 67 classifications applicable to the construction industry. Rates vary by classification, with higher rates applicable to more hazardous occupations. Workers’ compensation benefits vary by state, so the rate for plumbers or electricians in Massachusetts may be significantly different than the rate in neighboring states. In fact, Massachusetts rates are significantly lower than rates in other northeast states. Contractors should be cautious when bidding projects outside of Massachusetts.

Experience Rating A Massachusetts employer whose workers’ compensation premium averages $5,500 annually is subject to two experience rating factors; experience modification and All Risk Adjustment Program (ARAP). These actuarially calculated factors are benchmarks that measure a contractor’s loss history against the experience of other contractors engaged in the same trade(s) and operating in the same state(s). Contractors with better than average experience earn a premium credit, while contractors with worse than average loss history incur a premium penalty. A favorable experience modification indicates that the contractor strives to provide a safe workplace.

Experience Modification The experience modification is based on a firm’s payroll and losses during a three-year experience period. The experience period does not include the most recent policy period. For example, if an employer’s policy anniversary date is Jan. 1, the experience modification effective Jan. 1, 2013, is based on payroll and losses for Bernie Quinlan is a principal with Sullivan Group in Needham (www.sullivangroup.com). He can be reached at (781) 514-1331 or bquinlan@sullivangroup.com.

Spring/Summer 2013

the 2011, 2010 and 2009 policies. Thus, a claim that occurred in December 2012 does not impact an employer’s premium on Jan. 1, 2013. The experience modification calculation is more negatively impacted by claim frequency rather than severity. In fact, claims exceeding $5,000 in value are limited, and only a portion of the actual claim is included in the calculation of the experience modification. The claim data includes paid amounts for both ongoing and closed claims, and reserves for future payments expected on active claims. A 1.00 experience modification is average, and has no impact on a contractor’s premium. A .92 experience modification indicates that the contractor’s loss experience is better than average, and results in an 8 percent premium credit. A 1.20 experience modification indicates that the contractor has incurred losses during the experience period, and a 20 percent additional premium is charged by the insurer.

All Risk Adjustment Program ARAP is calculated in conjunction with an employer’s experience modification and applies only on a surcharge basis. ARAP penalizes claim severity, as opposed to frequency. An ARAP surcharge can range from 1.01 to 1.25 maximum and may compound the impact of the experience modification. That is, a 1.20 experience modification combined with a 1.25 ARAP surcharge results in a 50 percent premium increase (1.20 x 1.25 = 1.50).

Impact on a Subcontractor’s Ability to Secure Work A debit experience modification and/or ARAP surcharge will negatively impact a contractor’s ability to be price-competitive. Additionally, general contractors and owners sometimes use experience rating as a bid qualifier! Given the choice between a subcontractor that demonstrates better than average loss history, and a subcontractor who has earned a debit (greater than 1.00) experience modification, the GC may elect to go with the “safer” subcontractor. What to do? •• First and foremost, prevent accidents from happening! Work with your insurance company, as well as your own project managers and foremen to provide the safest possible workplace. •• Consider pre-employment physical exams for all potential employees. •• Direct injured employees to Occupational Health

Providers for initial treatment of injuries. •• Work with your insurer and agent to manage claims that do occur. Do not assume that claims are being handled in the most efficient manner. Appropriate medical care with the goal of returning an injured employee to work, even on modified duty, will mitigate the impact of claims on the experience modification and ARAP. •• Do not assume that experience rating calculations are calculated correctly! There are many opportunities for errors in the data submitted by insurance companies to the Workers’ Compensation Rating and Inspection Bureau of Massachusetts and to the National Council on Compensation Insurance, so review the experience rating calculations with your agent.

Aggregate Deductible Program provide premium credits of 1.9 percent to 7.8 percent for employers that are able to self fund losses ranging from $500 to $5,000. Employers willing to retain more substantial deductibles, and realize potentially larger savings, may qualify for a large deductible program. A large deductible rating option generally requires security in the form of a letter of credit. A retrospective rating plan written on an incurred loss basis can offer savings similar to a large deductible without the letter of credit requirement. Deductible and retro plans involve more assumption of risk, so these options must be carefully reviewed. Consider historical loss experience and the current labor market environment before electing any of these rating plans. All contractors should endeavor to have their workers’ compensation coverage underwritten voluntarily by an insurance Other Factors Impacting Premium company, and not through the residual The Massachusetts Construction Classifimarket or assigned risk pool. Policies cation Premium Adjustment Program (MCplaced through the assigned risk pool do CPAP) may reduce an employer’s premium not receive premium discount based on if the employer’s average hourly wage is volume, and are not afforded the most $18.00 or greater. The MA Benefits Deductattractive payment options. Employers SullGroupTPC 1/29/09 3:49 PM Page 1 ible Program and MA Benefits Claim and that are placed in the assigned risk pool

Insurance Relationships:

should consider a Qualified Loss Management Program (QLMP). A QLMP credit will reduce premium immediately, and implementation of the program should help prevent and mitigate losses in the long term. Some underwriters may offer rate deviations and schedule credits to contractors with very good loss history. All insurers apply premium discounts to premium in excess of $10,000. Work with your agent and insurance company auditor to make sure that your employees are properly classified. Rates vary considerably based on the type of work that you perform, and misclassifications can be costly. Prior to your premium adjustment audit, make sure that you have valid insurance certificates from all subcontractors. Pre-planning will make the audit easy for the auditor and efficient for your company. Contractors can significantly impact their cost of workers’ compensation insurance. Work with your insurance professionals to evaluate the potential cost savings and implications of utilizing the premium modification tools discussed in this article. s

BUILT TO LAST

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Many of our clients in the commercial building industry have been with us for decades... Risk Management...more than just Insurance.

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The Professional Contractor

MULTITASKING REALITY

BY GREG ENOS

Studies, Scientists Suggest Multitasking is not What We’re Doing

ultitasking is intriguing. It is a frequent topic of discussion, writers explore it extensively, and everybody seems to have an opinion about it. Brain researchers say that multitasking involves one person doing two or more tasks simultaneously that require higher-level brain activity. Eating and watching television at the same time is not multitasking. Driving a vehicle and talking on a cell phone is multitasking. While multitasking might seem the expectation today, is it realistic? Do we really want our cardiac surgeons, heavy equipment operators or airplane pilots to be multitasking while they hold our lives in their hands?

Multitasking Differences Between Generations “Multitasking is not new,” says Dr. Margaret E. Fitch-Hauser, chair of the journalism department at Auburn University, who suggests that there are two types of multitasking. There is the simultaneous completion of more than one task at a time by members of the millennial generation and there is the traditional multiple project situation of the baby boomers. “We have taken multitasking out of the workplace and put it everywhere,” explains the listening expert and communications consultant. The proliferation of digital data and devices makes it possible for everybody to communicate constantly. This continuous activity leads people to believe they are multitasking. Meanwhile, others firmly believe that the human brain is wired to do only one thing well at a time. They scoff at the idea that one person can effectively carry on a conversation, respond to email, and keep an eye on the stock market at the same time. These baby boomers focus on one priority at a time. “We are most effective when we focus our attention, even for a short period of time, on the most significant task,” claims Jamie Millard, executive partner of the Lexington Leadership firm. “I quesGreg Enos is a certified listening professional who has served on the executive board of the International Listening Association (www.listen.org), and promotes listening (www.gregenos.com) as a critical core skill in all of his work.

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tion the validity of juggling multiple tasks simultaneously.”

Research Results There are three major research projects that have given us valuable insight into multitasking. Groundbreaking research by Dr. Marcel Just and his Carnegie Mellon University team does conclusively prove that an individual’s driving ability is impaired when they try to talk on a cellphone and drive simultaneously. Magnetic resonance imaging (fMRI) was used to study participant brain activity to reach their conclusion. The Just study gives us a glimpse at how the human brain is affected by attempts to complete multiple tasks simultaneously. Studies with students at Stanford University and the University of Utah came to the same basic conclusion: people who consider themselves to be terrific multitaskers are actually not that great at it. University of Utah psychology professor David M. Sanbonmatsu, in an article published in January 2013, suggests that “people often engage in multitasking because they are less able to block out distractions and focus on a single task.”

What’s Really Happening? The overwhelming evidence is that our brains use higher level cognitive processing to focus on one task at a time. Frequently it looks like a person is doing more than one thing at a time. In fact, like an accomplished juggler, they are only touching one ball at a time. A new word has been created to explain what is happening – “switchtasking.” Switchtasking occurs when we simultaneously move between two or more tasks. Often it is done so quickly, people believe that they are multitasking, according to author Dave Crenshaw. In his book, The Myth of Multitasking, he suggests that they are doing one thing at a time. Dr. Jim Taylor, a partner and technology expert with the Trium Group and author of multiple books, explains that multitasking requires different types of brain processing. Reading a book while listening to music might appear to be the completion of two things at once. It is really one higher level task (reading) and one repetitive task (listening to music).

Brain Rules author Dr. John J. Medina says: “To put it bluntly, research shows that the attentional spotlight in our brains can’t multitask. We are biologically incapable of processing attention-rich inputs simultaneously.” So, if we cannot multitask, why are some people able to work so fast ? Part of the reason is that we all have unused brain capacity. Most of us only use 25 percent of our brain when listening. So unless the speaker is talking at 500 words per minute, we can handle it. Many times people accomplish significant results (mothers with children, for example) because they have refined the way they get things done. Smooth operations are the result of focused attention to detail. Discussions about multitasking will continue and extraordinary claims about multitasking prowess will be made. When a creative researcher publishes proof that multitaskers can maintain sustained productivity without burning out, it will be a historic day. Meanwhile, we can continue the healthy debate about multitasking. s

We know there’s more on your mind than the safety of a building alone. Construction is a business where risk is around every corner. You need an insurance company that understands that. Not just from an insurer’s perspective, but from yours. Acadia. We’re closer to your business. Visit acadiainsurance.com or contact your local independent agent for more information about the ASM Safety Group and Dividend potential.

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12/16/10 3:53 PM

The Professional Contractor

HEALTH INSURANCE

BY ALDEN J. BIANCHI

Employer Shared Responsibility Under the Affordable Care Act

eginning in 2014, the Affordable Care Act generally exposes employers with 50 or more full-time and full-time equivalent employees (referred to in the law as “applicable large employers”) to a nondeductible excise tax (referred to in the law as an “assessable payment”) if one or more of its full time employees is certified as eligible for low-income premium assistance or a cost-sharing reduction for health insurance. These “employer shared responsibility” rules are commonly referred to as the act’s “pay-or-play” requirement. While recently issued proposed regulations implementing these rules are for the most part employer-friendly, they nevertheless remain complex and the time for coming into compliance is getting shorter by the day. Applicable large employer status is determined on the basis of common control, so it’s not possible to divide a large group into a number of smaller legal entities in order to avoid exposure. (The proposed regulations adopt a different rule, under which employer shared responsibility liability is determined by individual controlled group member.) Most employers will have a sense of whether they qualify as an applicable large employer without too much effort. For those that are at or near the 50-employee threshold, the proposed regulations contain relatively simple and straightforward rules. The amount of the assessable payment depends on whether the employer offers its full-time employees and their dependents the opportunity to enroll in an employer-sponsored group health plan. If coverage is not offered, the assessable payment is $2,000 per year multiplied by the number of the employer’s full-time employees. For this purpose, “full-time” means that an employee works on average 30 hours per week or 130 hours per month. At the other end of the spectrum, if an employer does offer its full-time employees the opportunity to enroll in an employer-sponsored group health plan, and if that coverage is both “affordable” and provides “minimum value,” then no penalty is assessed. A plan is affordable if the employee premium is not more than 9.5 percent of his or her income. Income can be determined under one of three methods that include W-2 wages. Minimum value is a measure of the plan’s generosity. To qualify as Alden J. Bianchi is a member at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, Massachusetts. He can be reached at (617) 348-3057. or abianchi@mintz.com.

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providing minimum value, the plan must pay at least 60 percent of covered expenses. There is a third alternative: if an employer offers its full-time employees the opportunity to enroll in an employer-sponsored group health plan, the assessable payment is $3,000 per year multiplied by only the number of the employer’s full-time employees who qualify for low-income premium assistance or a cost-sharing reduction for health insurance through a public insurance exchange. (But this amount can never exceed the penalty where no coverage is offered.) The recently proposed regulations contain the following, important clarifications: For purposes of determining whether an employer makes an offer of group health plan coverage, at least 95 percent (not 100 percent) of an employer’s full-time employees must be offered coverage. The proposed rules contain generous, workable rules for determining which employees are full-time in the case of variable, contingent and seasonal employees. Under these rules, an employer has the option to determining a worker’s status by looking back at a measurement period (a defined time period of not less than three but not more than 12 consecutive months, as chosen by the employer). If an employee was employed on average at least 30 hours of service per week during the measurement period, then the employer treats the employee as a full-time employee during a subsequent stability period, regardless of the employee’s number of hours of service during the stability period, so long as he or she remains an employee. Affordability determinations are based on the cost of “self-only coverage.” Transitional relief is provided for fiscal year plans and for other key purposes. These clarifications go a long way toward permitting employers to get a sense of their costs in 2014 and beyond, and how these costs can be managed and contained. The proposed regulations provide sufficient detail about the workings of the employer shared responsibility rules to permit employers to model their exposure based on the scenarios set out above. But this requires attention, starting with understanding the rules and what is at stake, and followed by action. Specifically, employers need to grasp what will happen if they make no change, and how costs will change based on available options. s

Co-Op

also offers a robust yet affordable wellness program of a type usually available continued from 7 only to large businesses. The wellness lar, high-quality BCBS plans, which are program, powered by FiVi Health Netnot only lower in cost than traditional works, is available to all ASM member plans but also offer co-op members an businesses, regardless of size. additional savings of 3 percent off reguOver time, participation in the welllar market rates for these plans. ness program is expected to improve fitEmployers are able to select among ness, which in turn should lead to lower a portfolio of New England-wide HMO utilization of the health care system – Blue Options and Hospital Choice and lower costs for insurance through Cost Share tiered network products, as the co-op. Costs may go down over time, well as consumer-driven health plans, too, based on the claims experience of which offer not only savings opportunithe group, which is expected to be favorties, but also choice in where they seek able, in keeping with the experience of care. Options and Hospital Choice Cost larger construction groups. Share plans, with approximately 218,000 The ASM Health Insurance Co-op, in members, are the fastest-growing plans short, is intended to give small compain BCBSMA’s history. BCBSMA’s PPO nies some of the same buying leverage plans, including a health savings acand advantages that large companies count option, offer the additional adhave long enjoyed. That was ASM’s goal vantage of seamless coverage across the in setting up the co-op for our members. country. Whether the co-op is able to live up To qualify for health insurance bento its promise, however, remains up in efits through the ASM Co-op, a business the air – largely due to federal regulamust be an ASM member with between tions recently issued to implement the one and 50 full-time employees (not inAffordable Care Act. The regulations, cluding union workers). In addition to which take 11-0234 Boston Cedar_Layout 1 7/11/11 11:10 AM Page 1 effect in 2014, would elimisavings on health insurance, the co-op nate the insurance discount for all three

Massachusetts cooperatives, as well as any discounts based on industry type. The regulations would have other negative impacts in Massachusetts as well, on employer groups of all sizes. ASM, along with the two other cooperatives and many other business groups, is working closely with the Patrick Administration in an effort to seek federal dispensation to continue the innovative initiatives Massachusetts has put in place – like the cooperatives – as part of our own process of implementing health reform, and improving the system over time. Massachusetts’ health reform has served as a model for the federal program, and our goal is to convince federal officials to let Massachusetts’ new initiatives continue to serve as the template as the federal program unfolds. It may be months before the issue is settled. In the meantime, the ASM Health Insurance Co-op will be business as usual, giving members the opportunity for health insurance savings and wellness benefits through 2013, and hopefully, well into the future. s

The Professional Contractor

PHOTO GALLERY – ASM EVENTS Joint ASM & CFMA Event Complying with the Affordable Care Act, March 12

Health law expert Alden J. Bianchi of Mintz Levin provides a comprehensive look at the employer-shared responsibility provisions of the Affordable Care Act. 2 Timothy P. Doherty of Pinnacle Financial Group briefs the group on the impact of the law on corporate benefit plans and innovative plan designs that are emerging as cost-effective options in response to the law. 1

ASM Seminar: 2013 Economic Outlook, Jan. 24 Attendees listen intently to U.S. Chief Economist from Reed Construction Data Dr. Bernard M. Markstein’s assessment of the economy and the effect on the local construction market. 2 Greg Pierce of NorthStar Insurance Services, Inc. (Needham) sponsored the event and is also ASM’s newest corporate sponsor – a gold level sponsor. 3 ASM President David G. Cannistraro and Markstein. 1

Protection starts here

and here.

ASM Safety Roundtable Wednesday, Feb. 27 1

DeSanctis Insurance Agency

Serving the Bonding and Insurance needs of the N.E. construction industry for over 35 years. Ad a m De Sa n c t i s Gre g o r y Ju w a Ja m e s A xo n Mi c h a e l Ca rn e y Wi l d e r Pa rk s Mi c h a e l Gi l b e r t Br y a n Ju w a Da v i d B o u t i e t t e Pa u l Pa t a l a n o Dick Caruso Ryan Prentis

DeSanctis Insurance Agency, Inc. 100 Unicorn Park Drive Woburn, MA 01801 (781) 935-8480 www.desanctisins.com

Spring/Summer 2013

Speaker Garrett Burke, chief operating officer, ConstructSecure demonstrates how their online technology can be used to assess a company’s safety program and identify areas for improvement. s

Need health insurance for 1-50 employees? Find great options and members-only SAVINGS through ASM!

In partnership with BlueCross BlueShield of Massachusetts

ASM Health Insurance Co-op For Employers —

For Brokers —

• Coverage available to all ASM members with 1-50 full-time employees. Union workers do not count toward the 50-employee limit! • Select from 5 popular, high quality BCBS plans, all with an automatic 3% discount off regular “small group” market rates. • Options include tiered network products as well as consumer driven plans that not only offer lower costs but also choice in where employees seek care. • Sign up through your own broker….deal directly with BlueCross BlueShield! • Enjoy a robust, affordable wellness program that’s user-friendly, too, making it easy to meet wellness participation requirements. • Safety training counts toward wellness participation! • Low annual fee per employee for the wellness program. Dependents participate free! • No other Co-op fees!

• Have attractive, cost-effective new options to present to your customers. • All licensed brokers eligible, once “certified” by attending a short webinar training on Co-op procedures, and signing a Broker Agreement. • Expect “business as usual” – Work directly with BlueCross BlueShield to enroll ASM member customers in the Co-op plans.

FOR MORE INFORMATION ASM Members, please contact your Broker or Co-op Administrator Andrew Godfried at TGA Cross Insurance, 781-224-5738, agodfried@tgacross.com. Brokers, please contact the Co-op Administrator.

NOT AN ASM MEMBER? Visit the ASM website for information on membership, or call ASM at (617) 742-3412.

MEMBER NEWS L.A.L. Masonry, Inc. (Saugus) recently completed not just a project, but rather a “mission” in Haiti. L.A.L. Masonry’s Joe Chiaramonte learned of Len and Cheryl Ann Gengel’s plans to build an orphanage in Haiti in memory of their daughter, Britney, who died in the 2010 Haiti earthquake. Moved by the Gengel’s story, Joe decided to become involved. He contacted the Gengel family and volunteered to assist with the masonry. After meeting with the family, seeing the plans for a Bshaped building and assessing the conditions in Haiti, Joe decided to donate all of the masonry for the project. Joe raised money to offset expenses as well as providing toys for the local kids. After arriving in Haiti, Joe changed his plan and chose to train the local workers rather than perform the work himself. He trained them to work with rebar to ensure that the building could withstand a hurricane. They made all of their own blocks, often working 24 hours a day, and using a threeblock frame. Joe not only taught the locals a valuable trade, he stimulated the local economy; Haitian masons were earning money, using local vendors and allowing them all to feed and support their families. The orphanage celebrated its grand opening in January 2013 and will house 33 girls and 33 boys. Joe was present for the opening ceremony.

Eastern Insurance Group (Natick) is pleased to announce that President and CEO Hope Aldrich has been named “Insurance Professional of the Year,” by the Insurance Library Association of Boston. Aldrich is the second woman to earn the award, which is given annually to “outstanding citizens who have distinguished themselves through service to their industry and the community at large.” Aldrich has served as president and CEO of Eastern Insurance Group since 1997. s

Spring/Summer 2013

Knowledge, Influence, Connections

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NEW FOR 2013 If you have 1-50 employees, get signiﬁcant savings on health insurance through the ASM Health Insurance Co-op, in partnership with BlueCross BlueShield of Massachusetts.

ASM Membership Benefits

Everything you need for business success, all in one place! To learn more about all that ASM Membership has to oﬀer, please visit www.associatedsubs.com or call 617-742-3412.