29 Public Works Pipeline: An Interview with Jay Fink, P.E., Commissioner of Public Works & Parks, City of Worcester, MA
32 Massachusetts Water Resources Authority 2023 Drinking Water Test Results
49 American Public Works Association Announces 2024 Top Ten Public Works Leaders of the Year Awards
51 Construction Safety & Compliance: An Interview with Juan Rodriguez, Safety Director, Walsh Construction Company
57 2024 New England Public Works Expo
59 Insurance Perspective: The New Standard: Why $5 Million Umbrella Policies Fall Short in Construction
61 OSHA’s Final Rule Amends the Hazard Communication Standard
63 7/1/2024 Massachusetts Workers’ Compensation Rate Change 67 U.S. Equal Employment Opportunity Commission Releases Report on Identifying and Preventing Harassment in the Construction Industry 73 Safety & Health Corner: Asphalt Exposure in the Construction Industry
Editors: Joseph F. Nolan & Anne Klayman, Associate Editor: Suzanne Hatch Magazine Designer/Associate Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan
Construction Outlook Chair: Brian Cooney
Editorial Board: Brian Cooney, Chris Valenti, Querino Pacella, & Dan Horgan
CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; Email: jnolan@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.
Working Together to Promote Safety, Review Policy, and Drive Our Legislative Agenda
With the Massachusetts legislature entering the final home stretch before the end of formal sessions on July 31, UCANE has remained active on a wide variety of matters. Whether successfully advocating for more funding for the HousingWorks program and the inclusion of other amendments to the Senate’s housing bond bill, or advocating for the passage of our police detail payment bill, we will be busy right up until the end.
While it’s too early to predict how things will go, we know that there are many areas we need to watch and weigh in on. For example, the Senate recently passed a sweeping energy bill that may impact the future of gas infrastructure in the Commonwealth. On the House side, proponents offered an unsuccessful amendment to an economic development bill for a policy to mandate prevailing wage for offsite fabrication. It is a time of year where a lot of uncertainty exists about which policy initiatives will be passed.
Next month’s Construction Outlook will contain further updates about what transpired in the final month of the legislative session. Equally important will be those matters that did not pass, go into effect next year, or are already shaping up for action next session. For example, while UCANE has talked about the vulnerable user law for a while, we are submitting comments in July on regulations that will govern when the law goes into effect on January 1, 2025. Moreover, we already know that transportation funding and policy will get a lot of attention in the next legislative session; will it include further discussion of our water infrastructure needs under the roads and bridges? Finally, the actions over this month will inform UCANE’s legislative and regulatory planning process this fall, as we identify areas to work on in the coming year! Overall, we’ve got a lot to look forward to.
In addition to working with Mark Molloy of Cascade Strategies to move forward on our legislative agenda, the UCANE team under the direction of our Executive Director Joseph Nolan hosted our first virtual specifications meeting. This meeting allowed our committee mem -
bers to join remotely to discuss UCANE’s positions on upcoming and continuing policy challenges, including the upcoming sideguard policy, which goes into effect in January 2025. This new law will require backup cameras, protective sideguards, convex mirrors, and other safetyrelated measures to be added to construction vehicles over 10,000 lbs. that are under contract to the Commonwealth of Massachusetts. Other topics discussed at the meeting included the introduction of electric vehicles to the construction sector in the near term and how that will impact our members' fleets, as well as a continued discussion on how we can work with DCAMM to ensure more members are able to prequalify to bid on projects that fall under their qualification standards.
Finally, and most importantly, have been UCANE and our members' efforts to promote safe operations on our construction sites. With Trench Safety Week being observed across the nation in June, Mike Lenihan of the UCANE team provided materials to our contractor members to support their trench safety training with their crews on jobsites across the Commonwealth, training as many as 3,000 employees on proper trench safety protocol. The feedback we at UCANE get from our members is critically important and guides our safety efforts going forward.
As President, I am proud that UCANE continues to lead the industry in safety, public policy, and fighting for our legislative priorities as our elected officials on Beacon Hill close out this 2-year legislative session. Enjoy your summer knowing UCANE continues to support our members and our common agenda. n
Senate Passes Housing Bond Bill Recognizing Infrastructure Connection
In a quick turnaround after the Massachusetts House of Representatives passed a housing bond bill at the start of the month, the Massachusetts Senate passed its version of the housing bond bill that authorized more than $5 billion in borrowing to spur housing production, while proposing numerous housing policy changes. As reported by the State House News Service, the bill, based on legislation Governor Maura Healey filed in October, is designed to address the state’s low housing inventory and affordability.
Specifically, the Senate’s housing bill authorizes $5.1 billion in long-term capital spending on housing. Among some of the policy changes contained within the Senate proposal are changes to: allow for accessory dwelling units, or ADUs, by right in single-family zoning across the state; allowing tenants to seal previous eviction records in certain cases; expanding the designation to address housing availability in “seasonal communities;” and allowing a simple majority voting threshold for inclusionary zoning ordinances and bylaws at the local level. The legislation did not include a controversial real estate surcharge that drew heavy lobbying from housing advocates and industry alike.
UCANE, along with the American Council of Engineering Companies of Massachusetts and the Massachusetts Water Works Association, were pleased with the Senate’s proposal to significantly invest in the HousingWorks program ($300 million) with a dedicated use of $100 million for water infrastructure in support of housing growth. In communications with Senators prior to the release of the Senate’s housing bond bill, the triumvirate of groups, in supporting the HousingWorks program, stated “the ramping up and growth of this program in unison with the anticipated growth in need as a result of the significant increase in housing production” is a successful model.
Additionally, the Massachusetts Senate adopted an amendment, sponsored by Senator Mike Moore, to review the interbasin transfer act in light of housing and PFAS remediation efforts. In advocating for the language, UCANE, ACECMA, and the MWWA argued “[s]ince the ITA was passed exactly 40 years ago, it is time to study this law to see whether it is meeting its original goal – particularly where there is an ability to meet a community’s water needs for developing new, affordable housing and/or addressing PFAS.”. While it was not adopted, Senator John Cronin offered a separate amendment that proposed looking at funding the matching grant program for entry into regional water authorities. The program, which was established as part of Chapter 259 of the Acts of 2014, has never been funded. Finally, Minority Leader Bruce Tarr offered an amendment relative to the elimination of the entrance fee for joining the Massachusetts Water Resources Authority (MWRA) for municipalities in need. Although the MWRA has a temporary waiver in place, the amendment, which was not adopted, would have made it permanent.
As a reminder, the Massachusetts House of Representatives passed a five-year, $6.2 billion housing bond bill, calling for $2 billion to fix the state's aging public housing stock and $1 billion to expand the MWRA’s service area into more suburbs with the goal of spurring housing production. The Senate proposal did not include the $1 billion proposed for the MWRA expansion program.
The House and Senate will now enter conference committee negotiations in an effort to send a final bill to Governor Healey before July 31. To view the Senate’s housing bond bill, please visit: https://malegislature.gov/Bills/193/S2850.
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Mark Molloy, Esq.
House Passes Economic Development Bond Bill
hile the Senate was passing its version of the housing bond bill, the Massachusetts House of Representatives passed an economic development bill that included an array of investments and policy initiatives that aim to bolster the life sciences, clean energy technology, and manufacturing industries, while retaining a larger focus on making Massachusetts more affordable and competitive. Funded at $3.4 billion in bond authorizations, with an additional $700 million worth of tax credits, the legislation is designed to push the Commonwealth towards a lead role for key industries of the future, according to a press release by the Office of the Speaker of the House.
Key bonding authorizations included $500 million for the Massachusetts Life Sciences Center to provide grants and loans in order to grow the life sciences industry in Massachusetts; $250 million for the Mass. Impact grant program to support large transformational projects that will drive economic growth; $200 million for the Massachusetts Clean Energy Center (MassCEC) to support the research and commercialization of climate technology across the state; $200 million for the Mass -
CEC to invest in research, and in the implementation of offshore wind infrastructure. Of particular note to UCANE members, the House economic development bill proposes $400 million for MassWorks public infrastructure grants to municipalities.
In passing its proposed economic development, the House of Representatives also included a variety of tax credits including:
• Life Sciences Tax Credit. Increases the annual amount of life sciences tax credits from $30 million to $50 million. It decreases the length of time that the certification for a life sciences company is valid from five years to three years, and also repeals the Angel Investor Tax Credit.
• Climatetech Industry Incentive Program and Tax Credit. Creates a program that is modeled after the life sciences tax incentive program, capped at $30 million per year, to expand the Climatetech industry. Companies would be able to claim credits for: net new permanent full-time employees; capi -
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COMPONENT
tal investments; and eligible research costs. It also creates a sales tax exemption for construction, remodeling, and remediation of certain ClimateTech commercial facilities.
• Economic Development Incentive Program (EDIP) Tax Credit. Removes the $500,000 per calendar year cap on the total amount of refundable EDIP tax credits that may be awarded for a certified economic development project and removes the $5 million cumulative per year cap on refundable tax credits.
• Live Theater Tax Credit. Establishes a five-year live theater tax credit pilot program and tax credit, capped at $7 million per year, to support pre-Broadway, pre-off Broadway, national tour launches, and regional professional theater productions.
• Digital Interactive Media Tax Credit. Establishes a five-year digital interactive media tax credit pilot program, capped at $5 million per year, to support the production of video games in the Commonwealth. It also establishes a sales tax exemption for digital interactive media production companies and students for production expenses.
• Internship Tax Credit. Establishes a tax credit for employers, capped at $100,000 per employer and $10 million total credits annually, that employ for 12
weeks a recent graduate of a public or private institution of higher education in Massachusetts.
The House legislation also establishes a five-year surety bond assistance pilot program, subject to federal approval by the United States Treasury, to assist economically and socially disadvantaged businesses to secure contracts for capital projects in the form of technical or financial assistance. While the House Economic Development Bill also contained a wide variety of policy initiatives as well; there was one that drew interest from a wide variety of media publications ranging from the Boston Globe and Boston Herald to the Springfield Republican project labor agreements (PLAs). Pushed as a response to the City of Springfield’s saga and eventual court fight regarding the same, the included language authorizes public agencies or municipalities to use PLAs if it is in the best interest of the Commonwealth or a municipality, and directs the Massachusetts Department of Labor Standards to promulgate regulations to increase diversity of contractors in PLAs. Interestingly, almost every major print publication has sounded the alarm over the use of PLAs, citing an increase in costs and project length.
The Massachusetts Senate was expected to take up its economic development package the week after the July 4th holiday. To review the House economic development bill, please visit: https://malegislature.gov/ Bills/193/H4804.
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Senate Passes Climate Bill; Concerns
Raised About Cost and Gas Provisions
The Massachusetts Senate passed comprehensive climate legislation in June to make systemic changes to the state’s clean energy infrastructure that will help the state achieve its net zero emissions by 2050 goals, expand electric vehicle (EV) use and infrastructure, and protect residents and ratepayers. According to a press release from the Office of the Senate President, the Senate’s climate bill aims to assist in the development of infrastructure essential for the fight against climate change, including new solar, wind, and storage facilities. It will also enhance the electric grid to support getting clean energy to residents efficiently and in the needed capacities to power homes, businesses, and vehicles.
The Senate’s broad ranging climate legislation modernizes laws related to cost control for ratepayers; siting and permitting; decarbonization; electric transportation; clean tech innovation; emissions reduction in state operations; and natural gas infrastructure. Among some of the specific initiatives, the legislation would:
• Ban Competitive Energy Suppliers Soliciting Individual Customers. To save residents’ money
and protect residents from unfair and deceptive practices, the bill would ban competitive energy suppliers from enrolling new individual residential customers. According to the Attorney General’s Office and the Department of Public Utilities (DPU), data analyses show that consumers lost more than $577 million to competitive electric suppliers between July 2015 and June 2023. The Senate previously adopted this policy in April.
• Expedite Siting and Permitting. The siting and permitting provisions, modeled on the work of a commission of diverse stakeholders established by the Healey-Driscoll administration, will consolidate the review of clean energy siting and permitting and expedite the timeline of projects. Large projects that require state, regional, and local permits will be consolidated into a single permit that must be decided upon in 15 months. Small projects with multiple local permits will also be consolidated into a single permit and must be decided upon in one year. The legislation formally estab -
continued on page 15
lishes the Office of Environmental Justice and Equity (EJE), the Office of Public Participation at the Energy Facilities Siting Board (EFSB), and the Division of Siting and Permitting at the Department of Energy Resources (DSPDER). Each office would be charged with engaging with communities and applicants in their respective areas to ensure a thorough and community-centered review.
• Expand the MOR-EV Program. The legislation would expand the state’s MOR-EV program through 2027, which gives residents $3,500-$6,000 for the purchase of new or used electric vehicles. It would allow residents who own parcels within condominiums, homeowner associations, and historic districts to install EV chargers, and authorize condo boards to install EV chargers on community parcels. It will bring coordination to EV infrastructure expansion, by centralizing the deployment of resources with the Electric Vehicle Infrastructure Coordinating Council (EVICC), and directing DPU to make it easier to install pole-mounted chargers that often are used in parking spots and on streets. Of note to UCANE, an amendment to the bill would also direct the EVICC to focus on what is needed to address charging for medium and heavy-duty trucks.
• Natural Gas Infrastructure Replacement Reform. In one of the more controversial sections of the Senate climate bill, the Massachusetts Department of Public Utilities (DPU) will be directed to consider greenhouse gas impacts when it weighs a petition by a gas company to expand its territory. Gas companies will be allowed to pursue geothermal projects and networked heat pump systems, new opportunities that are undergoing successful testing in communities in Framingham and Lowell. As the gas system needs continued upgrades, the legislation will shift the system from automatically replacing leak-prone pipes, to instead considering more targeted repairs, or decommissioning the line altogether if a more climate friendly alternative exists. A coalition of labor and business groups
have strongly opposed this measure as decreasing the safety of the Commonwealth’s gas system while driving up costs for consumers – despite overall efforts to reduce the cost of energy.
While the Senate legislation is now before the House of Representatives, its’ prospects as drafted are unclear. House leadership has repeatedly stated that they are interested in the siting and permitting reforms, but not an entirely new climate bill at this time. Either way, the Massachusetts legislature has until July 31 to come to an agreement on new climate / energy related measures. To view the Senate’s climate legislation, please visit: https:// malegislature.gov/Bills/193/S2838.
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City of Boston Launches New Planning Department
Late June saw Boston Mayor Michelle Wu mark the first official day of the City of Boston’s new Planning Department. According to a press release from the Mayor’s Office, this is the first time in 70 years that Boston has had a Planning Department, restoring planning as a core function of City government.
The establishment of the Planning Department is a part of Mayor Wu’s vision to transform planning and development in Boston, and complements other initiatives including a home rule petition to end urban renewal and establish a new mission focused on resilience, affordability, and equity; the establishment of the Planning Advisory Council; city wide zoning reform, including the “Squares + Streets” initiative to increase the availability of housing near transit, the modernization of the development review process and a design framework for guiding future development.
The Planning Department is charged with developing comprehensive short and long term plans for Boston’s built environment, establishing a consistent and predictable zoning code for the city, advancing exceptional and inclusive design standards, providing predictability to guide development that is responsive to
community needs, and planning for the effective use of public real estate. It is through these actions that the Department will address Bostons’ greatest challenges of resilience, affordability, and equity. The Planning Department will work to build trust with communities through transparent processes that embrace predictable and responsible growth.
The new Planning Department includes the divisions of planning & zoning, development review, urban design, and real estate, as well as support staff. Moving forward, the Planning Department budget will be reviewed through the City’s budget process, like all other City departments. Staff of the Department will support the BPDA Board, which will remain the City’s Planning Board, reviewing development projects, planning and zoning initiatives, and land acquisitions and dispositions. Planning Department staff will also support the other parts of the Planning Cabinet, which includes the Boston Civic Design Commission, Zoning Commission and provide recommendations to the Zoning Board of Appeal. The majority of BPDA staff have transitioned into jobs with the City of Boston and are now employees of the new Department.
continued on page 19
News in Brief
• MassDOT to Hold Hearing on Vulnerable User (Sideguard) Regulations. The Massachusetts Department of Transportation (MassDOT) held a hybrid public hearing on Friday, July 12, 2024 at 10:00 a.m. and accepted written public comment until 5:00 p.m. on the same day, concerning the implementation of a state law governing the use of certain safety equipment on state contracted trucks. Specifically, the proposed regulatory action is required under Chapter 358 of the Acts of 2022, which amended Mass. Gen. Laws ch. 90, §7, and provides that a motor vehicle, trailer, semi-trailer or semi-trailer unit classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more, that is leased or purchased by the Commonwealth on or after January 1, 2023, or operated under a contract with the Commonwealth on or after January 1, 2025, shall be equipped with lateral protective devices, convex mirrors, crossover mirrors and backup cameras. UCANE, as well as other organizations, will be submitting testimony on the issue in an effort to ensure a reasonable compliance system that benefits all parties subject to these new regulations. For additional information, please visit: www.mass.gov/info-details/truck-safety-devices.
• Senate Passes Wide Ranging Plastics Bill; Includes Flushable Wipes Notice. A bill that combines a half-dozen environmental actions, touching on extended producer responsibility for several materials, plastic bans and access to both bulky plastic and organics recycling, was passed by the Massachusetts Senate on the same day they took on a broad climate and energy bill. The legislation, Senate Bill 2833, An Act to Reduce Plastic, would ban single-use plastic bags and require a 10-cent charge for paper bags, make straws and plasticware available by request only, ban state agencies from buying plastic bottles that are smaller than 21 fluid ounces, create a statewide recycling program for large plastic durables such as car seats, and create a study on how well the state is doing in providing access for organics recycling. The legislation also calls for a 21-person commission to create a report on packaging, paint, mattresses and electronics by March 2026, and require better labeling of nonflushable wipes – specifically identifying which of these products can and cannot be actually flushed. A copy of the legislation, whose prospects in the House remain unknown, can be found at: https:// malegislature.gov/Bills/193/S2833. n
EARTHWORK
Senator John Cronin
(D-WorCeSter anD MiDDleSex)
Before being elected to the state Senate, Senator Cronin had the privilege of attending the United States Military Academy at West Point, and later serving two combat tours in Afghanistan as an infantry officer. After being discharged from the military, he worked at Harvard Law School’s Legal Services Center, where he focused on veterans’ advocacy. These experiences helped shape his worldview and inspired him to run for office. The Senator views his time in the Senate as an extension of that service and an opportunity to further advocate for the issues that affect residents across North Central Massachusetts.
As costs continue to rise, please give us your thoughts on how the state will continue to support local aid to cities and towns to help support basic municipal services, specifically water, wastewater, and underground utility infrastructure.
The legislature needs to continue to work with stakeholders in communities across the Commonwealth to respond to increased costs. Included in the Senate’s Fiscal Year 2025 Budget is increased funding for Unrestricted General Government Aid (UGGA) to help municipalities mitigate the effects of rising costs. Our state also needs to continue to leverage funding from the federal government’s infrastructure bill, which allots hundreds of millions of dollars for critical projects. While there is no “one-size-fits-all" solution to communities’ budgetary concerns, it is on us as lawmakers to work directly with the cities and towns we represent to advocate for priority initiatives that support long-term success.
Representing ten municipalities throughout the Worcester and Middlesex District, what are the greatest challenges for your district and region with regard to continued economic growth?
A: Q: Q: A:
The two greatest challenges facing our region are lack of available housing stock and a diminished skilled workforce. With regards to housing, we have the opportunity to create thousands of new
units for people across various incomes, as well as restore and modernize vacant or underused properties, by passing the Governor’s housing bond bill. This legislation has the potential to dramatically grow our housing stock, making our state a more attractive place for prospective residents and 21st-century employers.
The legislature has also made significant strides to grow our skilled workforce, by investing in initiatives like Career Technical Institutes and Innovation Pathway Programs that provide regionally aligned, career focused education for students and adults to learn high demand trades. This is a tide that lifts all ships by empowering residents to enter high-demand careers and making our state a destination for employers across a variety of industries.
The #InvestInWaterMA campaign, sponsored by UCANE, highlights the importance of water infrastructure to a wide variety of industries. Please share a sampling of some of the specific industries in your district that benefit from our investments in water infrastructure?
A: Q:
Industries like biotech and advanced manufacturing have the potential to transform North Central Massachusetts. However, these and other 21st-century industries require modernized, robust infrastructure to support them. The #InvestInWaterMA
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Interview continued from page 21
campaign is another example of how stakeholders from across the Commonwealth are working together to build more resilient public resources so that local economies, and the people who make them up, can thrive. Recognizing the connection between water infrastructure, housing, and economic development, I have recently begun to work with the American Council of Engineering Companies, Massachusetts, the Massachusetts Water Works Association, and UCANE to explore ways municipalities might be able to connect into regional water authorities if it is mutually beneficial for them.
Please share your thoughts on how the construction industry might be able to meet its growing workforce needs as older members of the industry retire.
In recent years, we’ve begun to understand that the pathway to success is different for everyone. This has translated to a greater emphasis on career-focused education, which we’ve seen through investments in Career Technical Institutes and Innovation Pathway Programs, which don’t only provide opportunity for workers, but also make our state more competitive. At their core, these initiatives are designed to meet regional
labor demands. This translates to a symbiotic relationship where workers learn the skills and develop the relationships with employers for both parties to succeed. If we are serious about meeting our infrastructure and climate goals over the next 10 years, we need to continue to grow these programs so that we have the skilled workforce, from construction workers to electricians to machine workers, to accomplish this goal.
A: Q:
Will you please also share some of your other legislative or regulatory priorities during the current legislative session?
The number one issue facing so many residents is the cost of housing. I am hopeful that the legislature will debate and pass the Governor’s housing bond bill by the end of the session. While we are making impactful investments to grow our skilled workforce and increase competitiveness, our state won’t be able to reap the benefits if workers have nowhere to live. We have a real opportunity to solidify Massachusetts as a hub for industries like biotech, advanced manufacturing, and construction. That said, we need to ensure that people can afford to work, live, and raise a family in the state, all of which starts with housing. I’m laser-focused on this issue and am optimistic that we can solve our housing crisis and help Massachusetts reach its full potential. n
P.O. Box 913 • Falmouth, MA 02541
396 Gifford Street • Falmouth, MA 02540
PH 508-548-1800 • FX 508-457-1825
P.O. Box 155 • Oak Bluffs, MA 02557 20 Vineyard Ave. • Oak Bluffs, MA 02557
PH 508-693-0845 • FX 509-693-0312
Construction & Public Contracts Group, Hinckley Allen, LLP
The Massachusetts Prompt Pay Act dates back to 2010. Generally speaking, the statute applies to private construction projects in excess of $3 Million. The act sets forth specific timeframes and requirements applicable to the review, approval, and rejection of applications for payment and change order requests. To comply with the statute, a rejection must not only be timely, it must be made in writing, set forth the factual and contractual bases for the rejection, and include a certification that the rejection has been made in good faith. Otherwise, the application for payment or the change order request is deemed to be approved under the statute.
Two years ago, the Massachusetts Appeals Court confirmed that the statute means what it says: when there has been a failure to comply with the statutory requirements, an application for payment or change order request is deemed to be approved and is therefore due and payable.
The Massachusetts Supreme Judicial Court (“SJC”) had not yet weighed in on the Prompt Pay Act or its requirements until June 17, 2024, when it issued its decision in Business Interiors Floor Covering Business Trust v. Graycor Construction Company, Inc. (“Graycor”). The SJC’s decision addresses an important question that has arisen under the statute, namely: whether a general contractor waives its right to assert common-law defenses to payment if the general contractor fails to comply with the statutory requirements.
The SJC concluded that, under the Prompt Pay Act, a party does not automatically waive all common-law defenses by failing to approve or reject an application for payment as required by the statute.
However, the SJC concluded that in order to preserve its common-law defenses, a contractor that failed to approve or reject an application for payment in accordance with the statute must: (1) make payment of the “deemed approved” invoice to the subcontractor; and (2) raise its defenses prior to or contemporaneously with the payment of the invoice.
The contractor in Graycor did not follow this approach; even after invoices were “deemed approved”
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Christopher Morog Partner
Robert T. Ferguson Partner
proved’ invoices would render this approval to be of no import.”
under the statute, the contractor “sought to raise and pursue defenses without ever paying the invoices.”
According to the SJC: “This it cannot do.”
Although the SJC “emphasized” that the Prompt Pay Act “does not expressly preempt all commonlaw defenses to breach of contract,” the SJC stated that “payment of overdue approved invoices must be made prior to, or contemporaneous with, raising common-law defenses, or the defenses cannot be raised.” According to the Court, this “reading of the statute is a necessary implication of it” in order for the statute to have “meaningful consequences” for those who fail to comply with its requirements. Otherwise, “[a]llowing common-law defenses to be raised and pursued without paying the now ‘deemed to be ap -
For contracts subject to the Prompt Pay Act, the decision underscores the importance of complying with the statutory timelines and procedures for approving and rejecting applications for payment and change order requests in the first place. Compliance with the statute places a contractor in the best position to preserve its rights, claims, and defenses whereas noncompliance with the statute leads to approval of the application for payment or change order request by operation of law. Once that happens, the amounts become due and payable and the contractor that failed to comply with the statute cannot expect to withhold payment and still have the ability to assert common-law defenses to payment. Although the Court focused on commonlaw defenses, and although each case rises and falls on the facts of a particular situation, generally speaking, the safer approach is to treat the decision as applicable to all defenses. In this regard, the SJC stated that a party that fails to timely approve or reject a payment application under the statute “must first make the payment in order to pursue any defenses in a subsequent proceeding . . . .” (Emphasis added). Remember also that the Prompt Pay Act applies to other contracting parties as well, including owners and subcontractors. As a result, even though the Graycor case involved a contractor’s failure to pay an application for payment, the reasoning of the Graycor case is not limited to that scenario. n
An IntervIew wIth JAy FInk, P.e. CommIssIoner oF PublIC works & PArks
CIty oF worCester, mA
Will you please provide us with some insight into your education, past experience, and history that led you into your current position?
I received a Bachelor of Science Degree in Civil Engineering from Northeastern University and then went on to attain a Master of Science Degree with an emphasis on Environmental Engineering from Tufts University. I worked for a small environmental consulting firm before making the shift to the public sector, where I have been for the past 30 plus years, starting as an Operations Manager for the Water and Sewer Department in the City of Gloucester.
I later served as a City Engineer, DPW Superintendent, Utilities Director, Assistant Director of Public Works, and finally Commissioner in some of the largest cities in Massachusetts, including Quincy and Lynn. In 2012, I accepted a position with the City of Miami Beach which was really an eye opener. They are a very progressive organization, which operated more like a large corporation. The emphasis was on embracing technology, improving service levels, and always striving for greater efficiencies.
In 2020, I applied for the Commissioner’s position in Worcester and was very proud to be selected. I had a great experience in Miami, but I was happy to get back to my New England roots.
As Public Works Commissioner for the second largest City in Massachusetts, please provide us with a brief description of Worcester in regards to population, area, and staffing for the various departments and divisions under your management?
Council Members, and a City Manager. Located in the center of Massachusetts, between Boston and Springfield, Worcester is known as the "Heart of the Commonwealth." It was incorporated as a town in 1722 and later as a city in 1848. Worcester is a city that offers the best of both large and small cities with its affordable housing; quality public schools; many colleges and universities; access to diverse culture, sports, restaurants, and entertainment; and reliable local and regional transportation.
The Department of Public Works and Parks encompasses the following: Administration, Engineering, Central Garage, Streets Maintenance, Sanitation (including collection), Water Operations (supply, treatment, and distribution), Sewer & Stormwater Operations, Parks, Cemetery Division, and Forestry. There are 450 fulltime positions under DPW&P, as well as many seasonal and temporary positions.
Regarding Water and Sewer demands within a City of 200,000+ residents and 5,000 businesses, please explain how Public Works meets those demands; and what percentage of homes and businesses are on City Water and Sewer?
The City of Worcester is the second largest city in New England with a population of 207,000. It is governed by a Council-Manager, or Plan E, form of government with a popularly elected Mayor, 11 City continued on page 30
Public Works Pipeline continued from page 29
The City has 10 surface water reservoirs all contributing flows to a direct filtration treatment plant that supplies an average daily flow of 22 MGD. The drinking water distribution system has over 550 miles of buried piping serving 40,000 customers, which represents 95% of the City population.
The City has a sewer collection system of over 400-miles and a stormwater collection system of over 300-miles. About 10% of Worcester’s residents, mostly on the outskirts of the City, depend on septic systems. Multiple Pump Stations push 25 MGD sewage flows to the Upper Blackstone Sewer Treatment Plant located in Millbury. The City is a CSO community with one centralized CSO treatment facility, that typically activates during heavy rainfall events.
One third of the City’s underground pipe network was installed in the 19th century and some of it remains in service today.
What do you consider to be the most important public works needs for the City of Worcester over the next five years? and are there any projects coming out to bid in 2024 or 2025 that UCANE contractors might be interested in bidding?
An Integrated Water Resources Plan was developed in 2019 that identifies prioritized capital needs for the next 50-years. For FY25, the Department of Public Works and Parks has requested over $19-millon for distribution system improvements and over $21-million for sewer and stormwater collection system improvements, including cured in place lining, pipe replacement, and manhole rehabilitation. The DPW&P solicits multiple public bids each year for infrastructure work and has completed many successful projects with UCANE contractors.
Throughout your 30-year career in public works, you have been actively involved in professional organizations and on various boards. What organizations and Boards do you currently belong to?
Aside from being away in Florida for a few years, I have served on the MWRA Advisory Board since 1999. I have been a member of the American Public Works Association, as well as the American Water Works Association for 30 years. I have been active on many boards of local associations and currently serve on the Board of Directors of the Massachusetts Highway Association, Worcester County Highway Association, and Upper Blackstone Clean continued on page 31
Water, which is a regional wastewater treatment facility. I also recently joined the Executive Board of the New England Chapter of APWA.
Congratulations on your recent selection by the American Public Works Association as one of the Top 10 Public Works Leaders in America for 2024. To what do you credit your long-term success in the Public Works Industry?
Different things drive different people. Early on in my career, it was the struggle of raising a young family and always wanting to be able to provide more. As a young engineer, that drove my early career decisions. I recall being asked to interview about how big a budget and how many personnel I managed. I realized that I needed to move on to larger organizations or I could be limiting my future. Later in my career, I turned down positions including the City of Boston due to quality of family life at that moment, such as relocation or pay. I moved to Florida to support my eldest daughter as she was starting a family and I was selective in choosing a municipal agency to work for. I guess it boils down to working hard, keeping abreast of the opportunities around you, and not expecting that the grass is always greener on the other side of the fence.n
To keep residents informed with the most up-to-date information regarding the drinking water system, the Massachusetts Water Resources Authority (MWRA) has begun mailing its Annual Water Quality Report to every household within its service area. The MWRA provides high quality water to over 3.2 million people in 53 municipalities in the eastern and central parts of the Commonwealth.
“To ensure residents, businesses, and other organizations continue to receive some of the best water in the world, our staff conduct hundreds of thousands of tests each year to safeguard our public water supply,” said Fred Laskey, MWRA Executive Director. “Our state-of-the-art surveillance system monitors your water every step of the way from the reservoir all the way to your kitchen tap. Significantly, the MWRA has once again met every federal and state standard to achieve high quality results.”
The report is distributed to over 850,000 homes in the MWRA service area as required under the federal Safe Drinking Water Act. Community-specific inserts also provide information about local water systems within the MWRA’s service area. The reports, including a Spanish language version, are available online and can be translated into dozens of languages. Larger-print versions are available upon request.
The report also highlights MWRA aggressive action to reduce the risk of lead in drinking water by partnering with municipalities throughout its service area. Since 2016, the Authority has provided $41 million in zero-interest loans to 17 communities, replacing thousands of lead service lines and safeguarding public health.
For more information about the reports or the MWRA in general, please visit the Authority’s website at www.mwra.com or call 617-242-5323.
MWRA BOARD OF DIRECTORS
Rebecca Tepper, Chair
Andrew Pappastergion, Vice Chair
Brian Peña, Secretary
Paul E. Flanagan
Joseph C. Foti
Louis M. Taverna
Henry F. Vitale
John J. Walsh
Patrick J. Walsh
Rev. Mariama White-Hammond
Jennifer L. Wolowicz
Dear Customer,
On behalf of the over 1000 women and men who work every day to provide you with excellent drinking water, I am happy to present this year’s annual water quality report. You can be sure that the reliability and safety of your drinking water is our top priority.
This report provides you with the results of our drinking water testing for 2023. Our staff conduct hundreds of thousands of tests each year to ensure that your water is safe. Our state-of-the-art surveillance system monitors your water every step of the way from the reservoir all the way to your kitchen tap. Once again, MWRA met every federal and state standard and the quality of your drinking water is excellent.
Every day, we see news stories about PFAS—or ‘forever chemicals’—in drinking water. Because our source water is so well protected, the water we deliver to you meets the current state, as well as the new federal EPA standards issued in April, with levels so low they cannot be quantified.
MWRA continues to be a leader in working to reduce the risk of lead in drinking water. System-wide, we remain below the Lead Action Level. Since 2016, we have provided $41 million in zero-interest loans to 17 communities for full lead service line removals. Please read your community’s letter on page 7 for more information on your local water system, and consider replacing your lead service line if your home has one.
While 2023 was a wet year, as stewards of these reservoirs, we know how precious a resource we have and we cannot afford to waste it. It is an exciting time to be working at MWRA as we continue to maintain and modernize the regional system begun over 175 years ago, while providing a vital service every day.
Please take a moment to read this report. We want you to have the same confidence in the water we deliver to your homes and businesses as we do. Please contact us with any questions or comments about your water quality, or any of MWRA’s programs.
Sincerely,
Frederick A. Laskey Executive Director
For more information on MWRA and its Board of Directors, visit www.mwra.com
Providing Safe Drinking Water, From Watershed To Workplace
Providing Safe Drinking Water, From Watershed To Workplace
For over 175 years, water professionals have been working to build, maintain and operate the regional system that provides a reliable safe supply of drinking water to your community.
For over 175 years, water professionals have been working to build, maintain and operate the regional system that provides a reliable safe supply of drinking water to your community.
Today, MWRA professionals work to ensure the delivery of safe, pure water for your home, school or business, 24/7/365. Our staff collaborate with water departments in 53 communities, to ensure the continuing delivery of safe drinking water to 2.5 million people at their homes and businesses.
Today, MWRA professionals work to ensure the delivery of safe, pure water for your home, school or business, 24/7/365. Our staff collaborate with water departments in 53 communities, to ensure the continuing delivery of safe drinking water to 2.5 million people at their homes and businesses.
This annual MWRA drinking water quality report for 2023 provides information on how we work to provide high quality water to your community and to you.
MWRA staff work with staff at your community, the Department of Conservation and Recreation (DCR), and state and federal health professionals and regulators to provide and protect your drinking water. From the 400 square mile forest covered watersheds, to billions of gallons of water in the reservoirs, through treatment and thousands of miles of pipelines, and finally to your drinking water faucet, MWRA’s water experts conduct hundreds of thousands of tests on your water every year. Keeping the water safe is a continuous process, from watershed to water tap. MWRA’s staff across our entire organization carry out the work needed to protect your water.
process helps to clean the water, but it also can dissolve and carry very small amounts of material into the reservoir. Minerals and rock do not typically cause problems in the water. Water can also transport contaminants, including naturally occurring minerals or radioactive material, and bacteria, viruses or other potential pathogens from human and animal activity that can cause illness. Testing results show that few contaminants are found in the reservoir water, and those few are in very small amounts well below EPA’s treatment standards.
This annual MWRA drinking water quality report for 2023 provides information on how we work to provide high quality water to your community and to you.
MWRA staff work with staff at your community, the Department of Conservation and Recreation (DCR), and state and federal health professionals and regulators to provide and protect your drinking water. From the 400 square mile forest covered watersheds, to billions of gallons of water in the reservoirs, through treatment and thousands of miles of pipelines, and finally to your drinking water faucet, MWRA’s water experts conduct hundreds of thousands of tests on your water every year. Keeping the water safe is a continuous process, from watershed to water tap. MWRA’s staff across our entire organization carry out the work needed to protect your water.
Protected At The Source
The water MWRA and your community provide to your home or business starts with our two pristine reservoirs in central Massachusetts — the Quabbin Reservoir, 65 miles from Boston, and the Wachusett Reservoir, 35 miles from Boston. Combined, these two reservoirs provide an average of 200 million gallons of pure, highly protected, high quality water each day. The Ware River provides additional water when needed.
Protected At The Source
MWRA and DCR staff work together to implement our nationally recognized watershed protection program. The Department of Environmental Protection’s (MassDEP) Source Water Assessment report for the Quabbin and Wachusett Reservoirs commended DCR and MWRA for our source water protection plans. The report states that our “watershed protection programs are very successful and greatly reduce the actual risk of contamination.” MWRA and DCR follow the report recommendations to maintain the pristine watershed areas and high quality source water. For more information on our source water, go to: www.mwra.com/sourcewater.html.
process helps to clean the water, but it also can dissolve and carry very small amounts of material into the reservoir. Minerals and rock do not typically cause problems in the water. Water can also transport contaminants, including naturally occurring minerals or radioactive material, and bacteria, viruses or other potential pathogens from human and animal activity that can cause illness. Testing results show that few contaminants are found in the reservoir water, and those few are in very small amounts well below EPA’s treatment standards.
reservoirs. Based on this information, MWRA operators can make key decisions on how to manage the Wachusett and Quabbin reservoirs. A key, initial test for reservoir water quality leaving the reservoirs is turbidity, or cloudiness. Turbidity refers to the amount of suspended particles in the water and can impair water disinfection. All water must be below 5 NTU (nephelometric turbidity units), and water can only be above 1 NTU if it does not interfere with effective disinfection. In 2023, typical levels in the Wachusett Reservoir were 0.27 NTU, and highest level was only 0.49 NTU.
MWRA and DCR staff work together to implement our nationally recognized watershed protection program. The Department of Environmental Protection’s (MassDEP) Source Water Assessment report for the Quabbin and Wachusett Reservoirs commended DCR and MWRA for our source water protection plans. The report states that our “watershed protection programs are very successful and greatly reduce the actual risk of contamination.” MWRA and DCR follow the report recommendations to maintain the pristine watershed areas and high quality source water. For more information on our source water, go to: www.mwra.com/sourcewater.html.
The water MWRA and your community provide to your home or business starts with our two pristine reservoirs in central Massachusetts — the Quabbin Reservoir, 65 miles from Boston, and the Wachusett Reservoir, 35 miles from Boston. Combined, these two reservoirs provide an average of 200 million gallons of pure, highly protected, high quality water each day. The Ware River provides additional water when needed.
The Quabbin and Wachusett watersheds—areas that drain water to the reservoirs—are naturally protected. More than 85% of the land is covered with forests and wetlands, which filter the rain and snow that enter the streams that flow to the reservoirs. This water comes in contact with soil, rock, plants, and other material as it follows its natural path to the reservoirs. This
Water: Tested From The Source
The Quabbin and Wachusett watersheds—areas that drain water to the reservoirs—are naturally protected. More than 85% of the land is covered with forests and wetlands, which filter the rain and snow that enter the streams that flow to the reservoirs. This water comes in contact with soil, rock, plants, and other material as it follows its natural path to the reservoirs. This
DCR biologists and environmental scientists sample the streams that feed the reservoirs to identify and resolve potential pollution sources, and to monitor water quality trends. MWRA and DCR scientists sample and analyze water in the reservoirs, and use specialized monitoring buoys to remotely and continuously monitor the
MWRA also tests water for potential diseasecausing organisms, including fecal coliform bacteria, and parasites such as Giardia and Cryptosporidium, that can enter the water from animal or human waste. All test results were well within state and federal treatment standards. Learn more about test results for waterborne contaminants and their potential health impacts at: mwra.com.
reservoirs. Based on this information, MWRA operators can make key decisions on how manage the Wachusett and Quabbin reservoirs. A key, initial test for reservoir water quality leaving the reservoirs is turbidity, or cloudiness. Turbidity refers to the amount of suspended particles in the water and can impair water disinfection. All water must be below 5 NTU (nephelometric turbidity units), and water only be above 1 NTU if it does not interfere effective disinfection. In 2023, typical levels Wachusett Reservoir were 0.27 NTU, and highest level was only 0.49 NTU.
MWRA also tests water for potential diseasecausing organisms, including fecal coliform bacteria, and parasites such as Giardia and Cryptosporidium, that can enter the water animal or human waste. All test results were within state and federal treatment standards. Learn more about test results for waterborne contaminants and their potential health impacts at: mwra.com.
This annual water quality report provides MWRA customers with important information on water quality. MWRA also has monthly water quality reports, information on specific potential contaminants, water system updates, and more at mwra.com. We welcome your questions at 617-242-5323 or Ask.MWRA@mwra.com.
This annual water quality report provides MWRA customers with important information on water quality. MWRA also has monthly water quality reports, information on specific potential contaminants, water system updates, and more at mwra.com. We welcome your questions at 617-242-5323 or Ask.MWRA@mwra.com.
How We Treat Your Water
MWRA’s John J. Carroll Water Treatment Plant in Marlborough provides state-of-the-art treatment and monitoring of your water. Our well-trained and licensed operators add measured doses of treatment chemicals, and continuously monitor dozens of parameters. Treatment steps include:
How We Treat Your Water
MWRA’s John J. Carroll Water Treatment Plant Marlborough provides state-of-the-art treatment and monitoring of your water. Our well-trained and licensed operators add measured doses treatment chemicals, and continuously monitor dozens of parameters. Treatment steps include:
• Ozone, made from pure oxygen, disinfects the water, killing bacteria, viruses and other organisms, and improves water clarity and taste.
• Ozone, made from pure oxygen, disinfects the water, killing bacteria, viruses and other organisms, and improves water clarity and
• Ultraviolet light (UV), a similar but more powerful form of natural disinfection than sunlight, renders pathogens non-infectious.
• Fluoride protects dental health.
• Ultraviolet light (UV), a similar but more powerful form of natural disinfection than sunlight, renders pathogens non-infectious.
• The water chemistry is adjusted to reduce corrosion of lead from home plumbing (see page 4).
• Fluoride protects dental health.
Water: Tested From The Source
DCR biologists and environmental scientists sample the streams that feed the reservoirs to identify and resolve potential pollution sources, and to monitor water quality trends. MWRA and DCR scientists sample and analyze water in the reservoirs, and use specialized monitoring buoys to remotely and continuously monitor the
• Monochloramine (a compound of chlorine and ammonia), provides a mild and long-lasting disinfectant to protect the water as it travels through miles of pipelines to your home.
• The water chemistry is adjusted to reduce corrosion of lead from home plumbing (see
• Monochloramine (a compound of chlorine ammonia), provides a mild and long-lasting disinfectant to protect the water as it travels through miles of pipelines to your home.
continued on page 37
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617-378-4128
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Testing All The Way To Your Home
Testing All The Way To Your Home
we treat your water, MWRA operators and environmental quality staff test it as it leaves the treatment plant, and as it travels towards your as required by EPA and state regulations. sampling teams, and chemists and biologists at MWRA’s four laboratories conduct hundreds of thousands of tests per year for over contaminants. A complete list is available on mwra.com. The results for 2023 are shown in the below. They confirm the quality and safety of water your community receives from MWRA.
After we treat your water, MWRA operators and environmental quality staff test it as it leaves the treatment plant, and as it travels towards your home, as required by EPA and state regulations. MWRA sampling teams, and chemists and biologists at MWRA’s four laboratories conduct hundreds of thousands of tests per year for over 120 contaminants. A complete list is available on mwra.com. The results for 2023 are shown in the table below. They confirm the quality and safety of the water your community receives from MWRA.
MWRA’s engineers and geologists have completed environmental review and continue to work on design for two new tunnels north and south of Boston to provide reliable service to the entire region, as well as interim improvements to add resilience to the system. We also have major projects underway to rehabilitate the Weston Aqueduct Supply Main 3, a 60-inch pipe in Weston, Waltham, Belmont, Arlington and Medford, as well as a 48-inch pipe in Stoneham and Woburn. See mwra.com for more information.
Building Redundancy For Reliability
Building Redundancy For Reliability
Maintaining the system and adding redundancy us to continue uninterrupted water delivery your community, even if sections of our system need inspection, repair or rehabilitation.
Maintaining the system and adding redundancy allows us to continue uninterrupted water delivery to your community, even if sections of our system need inspection, repair or rehabilitation.
MWRA’s engineers and geologists have completed environmental review and continue to work on design for two new tunnels north and south of Boston to provide reliable service to the entire region, as well as interim improvements to add resilience to the system. We also have major projects underway to rehabilitate the Weston Aqueduct Supply Main 3, a 60-inch pipe in Weston, Waltham, Belmont, Arlington and Medford, as well as a 48-inch pipe in Stoneham and Woburn. See mwra.com for more information.
Your community is investing in reliability as well. MWRA provides zero-interest loans to communities for pipeline rehabilitation and other water quality improvements. During 2023, we loaned $50 million to 17 communities for pipeline projects.
MWRA Water Test Results 2023
MWRA Water Test Results 2023
Washing vegetables at a pump (Greenwich)
The 2,500 people who lived in the four towns that were removed to build the Quabbin Reservoir didn’t work for the water system, but their sacrifices help protect our drinking water, even today. Learn more at MWRA.com.
The 2,500 people who lived in the four towns that were removed to build the Quabbin Reservoir didn’t work for the water system, but their sacrifices help protect our drinking water, even today. Learn more at MWRA.com.
Your community is investing in reliability as well. MWRA provides zero-interest loans to communities for pipeline rehabilitation and other water quality improvements. During 2023, we loaned $50 million to 17 communities for pipeline projects.
Your Water Wins Awards
Your Water Wins Awards
The MWRA received an award from Mass DEP for outstanding performance in 2023.
The MWRA received an award from Mass DEP for outstanding performance in 2023.
MWRA found only the contaminants listed here or discussed in this report. All are below EPA’s Maximum Contaminant Levels (MCLs).
Byproduct
Byproduct of water disinfection
Byproduct of water disinfection
Erosion
Contaminant Level. The highest level of a contaminant allowed in water. MCLs are set as close to the MCLGs as feasible using the best available technology. MCLG=Maximum Contaminant Level Goal. The level of contaminant in drinking water below which there is no known
per liter ND=Not detected NS=no standard ^=As required by DEP, the maximum result is reported, not the average.
Washing vegetables at a pump (Greenwich)
Working To Keep Lead Out Of Drinking Water
What Is An Action Level?
An Action Level is the amount of lead in water that requires action to reduce exposure. If your home or school drinking water is above the lead Action Level, additional steps to reduce lead may be required. If more than 10% of your community’s samples were over the lead Action Level, your local water department is taking action to address the problem. See page 7.
The water from MWRA’s reservoirs is free of lead. Lead can be found, however, in your home piping system—and in your home or business drinking water. Learn about the health impacts of lead and how to reduce exposure to this toxic metal.
Lead affects young children and may cause damage to the brain, slow growth and development, and create learning and behavior problems. Preventing lead exposure is particularly important if a pregnant woman or a child lives in your home or apartment. Lead can also impact the health of your entire family. While lead poisoning frequently comes from exposure to lead paint chips or dust, lead in drinking water can also contribute to total lead exposure.
How Lead Enters Drinking Water
Lead in your home plumbing, or a lead service line, can contribute to elevated lead levels in the water you drink. MWRA’s water is lead-free when it leaves our reservoirs. Water mains that provide water to your community are made mostly of iron, steel, or concrete, and do not add lead to the water. Lead can enter your tap water from your service line—the pipe connecting your home to the water main—if it is made of lead, lead solder used in plumbing, or from some older brass faucets.
3 Ways to reduce lead in your water:
• Remove your lead service line
• Run your water before using
• Use a filter certified to remove lead
Corrosion, or wearing away of lead-based materials, can add lead to tap water, especially if water sits in the pipes for a long time before it is used. MWRA’s licensed treatment operators adjust the water’s pH and buffering capacity by adding sodium carbonate and carbon dioxide to the water. This treatment makes water less corrosive and reduces leaching of lead into
drinking water. Lead levels found in tests of tap water have dropped by nearly 90% since we made this treatment change in 1996. Learn more about lead in drinking water at mwra.com.
Important EPA Information On Lead
If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water comes primarily from materials and components associated with service lines and home plumbing. MWRA is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Water Drinking Hotline at 1-800-426-4791 or www.epa.gov/safewater/lead.
MWRA Meets Lead Standard In 2023
Under EPA and DEP rules, MWRA and your local water department are required to test local tap water each year. We collect samples from homes with lead service lines or lead solder. The EPA
rule requires that 9 of 10 homes tested must have lead levels below the Action Level of 15 parts per billion (ppb).
This testing process can provide information on whether lead is corroding and mixing with the drinking water. It also provides communities and homeowners with information on how to reduce lead in their drinking water. The results do not reflect lead levels in all homes.
All sampling rounds over the past 21 years have been below the EPA Action Level. Nine out of ten homes were below 10.8 ppb—below the 15 ppb Action Level. See page 7 for your local results.
Six communities—Boston, Medford, Melrose, Revere, Quincy and Winthrop—exceeded the Action Level in September/October 2023. See page 7 for local results and more information.
Sodium and Drinking Water
MWRA tests for sodium monthly, and the highest level was 35.1 mg/L (about 8.3 mg per 8 oz. glass). This level would be considered Very Low Sodium by the Food and Drug Administration (FDA). Sodium in drinking water contributes only a small fraction of a person’s overall intake (less than 5%).
continued on page 41
Working To Reduce Lead Exposure
Working To Reduce Lead Exposure
Lead Service Lines
Lead Service Lines
A service line is the pipe that connects your home or building to the water main in the street. If your service line is made of lead, it can be a main source of lead in your tap water. Older pipes that combined galvanized iron and lead connectors (“goosenecks”) can also release lead. Lead service lines should be removed entirely to prevent lead in your drinking water.
service line is the pipe that connects your home or building to the water main in the street. your service line is made of lead, it can be main source of lead in your tap water. Older pipes that combined galvanized iron and lead connectors (“goosenecks”) can also release lead. Lead service lines should be removed entirely to prevent lead in your drinking water.
Working To Replace Lead Service Lines
Working To Replace
Lead Service Lines
help replace lead service lines, MWRA and Advisory Board offer zero-interest loans to member communities. Each MWRA community can develop its own local plan, and many communities have already taken steps to remove lead service lines. Since 2016, MWRA has provided $41 million to 17 communities to replace lead service lines. Your local water department staff can help find out if you have a lead service line, and provide help in replacing it. In some cases, an onsite check is necessary to determine the specific piping to your building.
To help replace lead service lines, MWRA and its Advisory Board offer zero-interest loans to member communities. Each MWRA community can develop its own local plan, and many communities have already taken steps to remove lead service lines. Since 2016, MWRA has provided $41 million to 17 communities to replace lead service lines. Your local water department staff can help you find out if you have a lead service line, and provide help in replacing it. In some cases, an onsite check is necessary to determine the specific piping to your building.
Did you know?
Did you know?
The word “plumbing” originally came from the latin word for lead-plumbum.
How To Test Your Drinking Water
How To Test Your Drinking Water
If you are concerned about lead piping in your home, contact your local water department about testing for lead in your drinking water. MWRA also maintains a list of certified laboratories and sampling instructions at mwra.com. You may also talk to an MWRA expert at 617-242-5323.
If you are concerned about lead piping in your home, contact your local water department about testing for lead in your drinking water. MWRA also maintains a list of certified laboratories and sampling instructions at mwra.com. You may also talk to an MWRA expert at 617-242-5323.
Steps To Reduce Lead In Your Home Or Office
Steps To Reduce Lead In Your Home Or Office
• Find out if you have a lead service line, and get it replaced.
• Find out if you have a lead service line, and get it replaced.
Many communities have on-line maps. You can also see if your service line is made of lead by scratching the pipe near your water meter with a key or other metal object. Lead pipes will show a dull grey color, while copper pipes will not. For a how-to guide, go to: www.epa.gov/pyt.
Many communities have on-line maps. You can also see if your service line is made of lead by scratching the pipe near your water meter with a key or other metal object. Lead pipes will show a dull grey color, while copper pipes will not. For a how-to guide, go to: www.epa.gov/pyt.
Lead Testing In Schools And Childcares
Lead Testing In Schools And Childcares
Children can consume much of their drinking water at school or childcare. Plumbing there may contain lead and contribute to lead exposure. MWRA, in coordination with MassDEP, provides no-cost lab analysis and technical assistance for schools and childcare centers in MWRA communities. Since 2016, MWRA’s laboratory staff have conducted over 40,000 tests for 576 schools and childcares in 44 communities. Results are available on the MassDEP website at: www.mass. gov/dep (search for “lead in schools”). Or contact your local school or water department.
• Let water run before using it—fresh water is better than stale.
• Let water run before using it—fresh water is better than stale.
• Any time water has not been used for more than 6 hours, run the faucet used for drinking water or cooking for at least one minute or until after the water runs cold. To save water, fill a pitcher with fresh water and place it in the refrigerator.
• Any time water has not been used for more than 6 hours, run the faucet used for drinking water or cooking for at least one minute or until after the water runs cold. To save water, fill a pitcher with fresh water and place it in the refrigerator.
Children can consume much of their drinking water at school or childcare. Plumbing there may contain lead and contribute to lead exposure. MWRA, in coordination with MassDEP, provides no-cost lab analysis and technical assistance for schools and childcare centers in MWRA communities. Since 2016, MWRA’s laboratory staff have conducted over 40,000 tests for 576 schools and childcares in 44 communities. Results are available on the MassDEP website at: www.mass. gov/dep (search for “lead in schools”). Or contact your local school or water department.
• Never use hot water from the faucet for drinking or cooking, especially when making baby formula or other food for infants or young children.
• Never use hot water from the faucet for drinking or cooking, especially when making baby formula or other food for infants or young children.
• Remove loose lead solder and debris. Every few months, remove the aerator from each faucet and run water for 3 to 5 minutes.
• Remove loose lead solder and debris. Every few months, remove the aerator from each faucet and run water for 3 to 5 minutes.
• Be careful of places where you may find lead in or near you home. Paint, soil, dust and pottery may contain lead. Call the Massachusetts Department of Public Health at 1-800-532-9571 or 1-800-424-LEAD for information on lead and health impacts.
• Be careful of places where you may find lead in or near you home. Paint, soil, dust and pottery may contain lead. Call the Massachusetts Department of Public Health at 1-800-532-9571 or 1-800-424-LEAD for information on lead and health impacts.
Copper
Lead With Bulb Galvanized Lead Water Service Lines
Information We All Need
Information We All Need
EPA Information On Bottled Water And Tap Water
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (1-800-426-4791) or MWRA. In order to ensure that tap water is safe to drink, MassDEP and the EPA prescribe regulations which limit the amount of certain contaminants in water provided by public water systems. The U.S. Food and Drug Administration (FDA) and the Massachusetts Department of Public Health (MDPH) regulations establish limits for contaminants in bottled water, which must provide the same protection for public health.
Monitoring For PFAS
EPA Information On Bottled Water And Tap Water
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (1-800-426-4791) or MWRA. In order to ensure that tap water is safe to drink, MassDEP and the EPA prescribe regulations which limit the amount of certain contaminants in water provided by public water systems. The U.S. Food and Drug Administration (FDA) and the Massachusetts Department of Public Health (MDPH) regulations establish limits for contaminants in bottled water, which must provide the same protection for public health.
PFAS, or per- and polyfluoralkyl substances, used since the 1940’s for many purposes from stain and water proofing to firefighting, continue to be a national concern. Due to our well protected sources, tests of MWRA water show only trace amounts of these compounds, well below the state PFAS6 standard of 20 parts per trillion. MWRA also meets the new EPA standards announced in April 2024. See mwra.com for results and more details.
These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the EPA’s Safe Drinking Water Hotline (1-800-426-4791).
Prevent Cross-Connections
Your water department staff work to prevent cross-connections that may allow harmful organisms or other contaminants to contaminate your water if a backflow occurs.
These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the EPA’s Safe Drinking Water Hotline (1-800-426-4791).
Working With Your Community To Test Your Water
Monitoring For PFAS
PFAS, or per- and polyfluoralkyl substances, used since the 1940’s for many purposes from stain and water proofing to firefighting, continue to be a national concern. Due to our well protected sources, tests of MWRA water show only trace amounts of these compounds, well below the state PFAS6 standard of 20 parts per trillion. MWRA also meets the new EPA standards announced in April 2024. See mwra.com for results and more details.
Important Health Information: Drinking Water And People With Weakened Immune Systems
Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorder, some elderly, and infants, can be particularly at risk from infections.
MWRA works with local water department staff to sample and test 300-500 water samples each week for total coliform bacteria. Total coliform bacteria can come from the intestines of warm-blooded animals, or can be found in soil, plants, or other places. Most of the time, they are not harmful. However, their presence could signal that harmful bacteria from fecal waste may be there as well. If total coliform is detected in more than 5% of water samples in a month, the water system is required to investigate the possible source and fix any identified problems. If a water sample does test positive, our laboratory staff run a more specific test for E. coli, which is a bacteria found in human and animal fecal waste and may cause illness. If your community was required to do an investigation, or found E. coli, it will be in the letter from your community on page 7.
Important Research For New Regulations
Important Health Information: Drinking Water And People With Weakened Immune Systems
Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorder, some elderly, and infants, can be particularly at risk from infections.
Prevent Cross-Connections
Your water department prevent cross-connections allow harmful organisms contaminants to contaminate water if a backflow occurs.
Backflow sources could include:
• Garden hoses or swimming pools
• Boilers
• Irrigation systems or wells
Backflow sources could
• Garden hoses or swimming
• Boilers
Working With Your Community To Test Your Water
• Residential fire protection systems
• Irrigation systems
MassDEP recommends you install backflow prevention devices on inside and outside hose connections to protect the drinking water in your home and community. For more information, please call 617-242-5323, or visit mwra.com.
MWRA works with local water department staff to sample and test 300-500 water samples each week for total coliform bacteria. Total coliform bacteria can come from the intestines of warm-blooded animals, or can be found in soil, plants, or other places. Most of the time, they are not harmful. However, their presence could signal that harmful bacteria from fecal waste may be there as well. If total coliform is detected in more than 5% of water samples in a month, the water system is required to investigate the possible source and fix any identified problems. If a water sample does test positive, our laboratory staff run a more specific test for E. coli, which is a bacteria found in human and animal fecal waste and may cause illness. If your community was required to do an investigation, or found E. coli, it will be in the letter from your community on page 7.
Important Research For New Regulations
MWRA works with EPA and health research organizations to help define new national drinking water standards by collecting data on water contaminants that are not yet regulated. Very few of these potential contaminants are found in MWRA water due to our source water protection efforts. Detailed information on testing for unregulated contaminants, as well as data on PFAS, disinfection by-products, Giardia and Cryptosporidium, and other contaminants can be found at mwra.com, search for UCMR.
• Residential fire protection
MassDEP recommends backflow prevention inside and outside hose to protect the drinking home and community. information, please call or visit mwra.com.
MWRA works with EPA and health research organizations to help define new national drinking water standards by collecting data on water contaminants that are not yet regulated. Very few of these potential contaminants are found in MWRA water due to our source water protection efforts. Detailed information on testing for unregulated contaminants, as well as data on PFAS, disinfection by-products, Giardia and Cryptosporidium, and other contaminants can be found at mwra.com, search for UCMR.
Leading By Example On Climate Change
MWRA energy managers have helped reduce MWRA’s energy use and produce more green energy. We have reduced our greenhouse gas emissions by over 40% and were awarded the Massachusetts Leading by Example Award in 2023.
Leading By Example On Climate Change
MWRA energy managers reduce MWRA’s energy produce more green energy. reduced our greenhouse by over 40% and were Massachusetts Leading Award in 2023.
continued on page 45
City Of Boston
Boston Water And Sewer Commission
980 Harrison Avenue
Boston, MA 02119-2540
617-989-7000
Public Water Supply # 3035000
Dear Customer:
This report contains an annual update on the quality of drinking water supplied to you by the Boston Water and Sewer Commission (BWSC), in partnership with Massachusetts Water Resources Authority (MWRA). Inside this report, there is detailed information on the MWRA’s system, and how the water delivered to Boston complies with federal and state quality standards.
BWSC is pleased to announce that effective January 1, 2023, changes were made to one of our signature programs. BWSC now offers Boston property owners free inspection and replacement of private lead services to all eligible Boston property owners who participate in the No Cost Private Lead Replacement Incentive Program While water service lines on private property are the responsibility of the property owner, BWSC is aware that excessive amounts of lead in the body can present health risks and that some older homes in Boston may have a lead service line. BWSC urges customers to take advantage of this free program! We were once again ranked highest in customer satisfaction in the Northeast by J.D. Power award for 2023 Water Utility Residential Customer Satisfaction Study and will continue providing customer service at the highest level.
For background, the water provided by BWSC comes from MWRA’s reservoirs and it is lead-free. Most of BWSC’s distribution pipes that carry water to homes are made of iron, steel, and copper. In the fall of 2023 BWSC conducted mandatory testing in homes that are known to have a lead service line as required by US EPA and MassDEP. The test results in these higher risk homes, showed that the 90th percentile for lead was 21.3 parts per billion (ppb), above the Action Level (AL) of 15 ppb. The 90th percentile for copper was 115 ppb, below the AL of 1300 ppb. Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.
MCLG is the Maximum Contaminant Level Goal set by EPA
The Commission continues to increase its efforts to identify and eliminate lead service lines, both in the public way, and on private property. Aiding property owners through the No Cost Private Lead Replacement Incentive Program is intended to remove financial barriers to customers and further our efforts to remove lead service lines.
Due to the health risks associated with lead, especially in children and pregnant woman, property owners should take advantage of this program. BWSC customers can call our Lead Hotline at (617) 989-7888 to schedule a free inspection at their property to confirm the composition of their service line. In 2023, BWSC received over 860 customer requests to have their water service pipe inspected for lead, resulting in 387 lead replacements noting that the majority of our customers have a copper line.
For more information about lead in drinking water, Commission meetings, and other BWSC programs, visit www.bwsc.org or contact BWSC’s Communications Department at (617) 989-7000.
Sincerely,
Henry F. Vitale, CPA Executive Director/Treasurer
Water Conservation
Water Conservation
Indoor Water Saving Tips
Tips faucets, or toilets.
Check for leaky pipes, faucets, or toilets.
Outdoor Water Saving
On average, household leaks can waste 10,000 gallons every year! To see if your toilet has a leak, add a dye tablet or food coloring to your toilet’s water tank. If any color or dye appears in the bowl within 15 minutes, you have a leak. The flush valve or flapper can be easily cleaned or replaced.
can waste 10,000 your toilet has a leak, coloring to your toilet’s appears in the bowl leak. The flush valve cleaned or replaced.
your water use by can use over 6 federal standard no more than 1.6 models use 1.3 gallons showerheads. easy and costunnecessary water use. reduce the flow per minute uses only 10-25 gallons to 70 gallons. Try shorter showers or the bathroom or while you brush your
Outdoor Water Saving
Avoid Evaporation: Water your lawn in the early mornings, between 6 & 10 AM, while temperatures are cooler and the wind is calmer. If you have a pool, cover it when not in use.
Never water on a windy day.
Low-flush toilets could cut your water use by 20-60%! Old inefficient toilets can use over 6 gallons per flush. The current federal standard requires all new toilets use no more than 1.6 gallons per flush. Newer models use 1.3 gallons or less per flush.
Protect Boston Harbor And Our Rivers
Avoid Evaporation: Water your lawn in the early mornings, between 6 & 10 AM, while temperatures are cooler and the wind is calmer. If you have a pool, cover it when not in use.
Only flush toilet paper—most “flushable wipes” can clog pipes and cause overflows.
Never water on a windy day.
Protect Boston Harbor And Our Rivers
Only flush toilet paper—most “flushable wipes” can clog pipes and cause overflows.
Fat, oil and grease go in the trash, not the drain.
Fat, oil and grease go in the trash, not the drain.
Use a broom to clean debris from your driveway or sidewalk. No need to use the hose.
Use a broom to clean debris from your driveway or sidewalk. No need to use the hose.
Grow native and low-water using plants! Regionally appropriate and established plants are accustomed to the climate and soil conditions. Planting drought resistant and native plants will require less maintenance, water, and fertilizer.
Replace dripping faucets and showerheads. Installing new fixtures are an easy and costeffective way to reduce unnecessary water use. A low-flow faucet aerator can reduce the flow from 2.2 gallons to 1.5 gallons per minute
Sump pumps and roof drains should connect to a storm drain or a dry well, not the sanitary sewer. Too much clean water can overload the sewer system.
Grow native and low-water using plants! Regionally appropriate and established plants are accustomed to the climate and soil conditions. Planting drought resistant and native plants will require less maintenance, water, and fertilizer.
For more information, go to mwra.com.
Why Save Water?
The Inch Rule: If there has been an inch of rainfall during the week, you more than likely don’t need to water at all.
The Inch Rule: If there has been an inch of rainfall during the week, you more than likely don’t need to water at all.
Showering for 5 minutes uses only 10-25 gallons while a full bathtub uses up to 70 gallons. Try conserving water by taking shorter showers or filling the tub only halfway.
Lawn irrigation can account for as much as 30% of water consumption. Be sure sprinklers are not damaged and aimed correctly. Water only your lawn, not your pavement.
“Never let the water run” in the bathroom or kitchen.
Sump pumps and roof drains should connect to a storm drain or a dry well, not the sanitary sewer. Too much clean water can overload the sewer system.
For more information, go to mwra.com.
Why Save Water?
• Saving water can save you money by lowering your monthly water bill.
• Saving water can save you money by lowering your monthly water bill.
• Water is a shared resource. Wildlife, rivers and crops all need water too.
Lawn irrigation can account for as much as 30% of water consumption. Be sure sprinklers are not damaged and aimed correctly. Water only your lawn, not your pavement.
• Water is a shared resource. Wildlife, rivers and crops all need water too.
• Reducing water use reduces energy costs by decreasing the • energy needed to clean, pump, and heat water.
Consider installing a Water-Sense® labeled weather-based irrigation controller to automate your watering system.
Consider installing a Water-Sense® labeled weather-based irrigation controller to automate your watering system.
• Try turning off the tap while you brush your teeth or shave.
you wash the vegetables, rinsing only when
• Fill a bowl of water when you wash the dishes, fruits or vegetables, rinsing only when needed.
Healthy soils hold more water. Apply mulch around plants to reduce evaporation, promote plant growth, and control weeds.
Reduce your water use by only washing full loads of dishes or clothes.
only washing full loads
WaterSense ® label household products
MWRA is an EPA Water Sense Partner!
Look for the Energy Star or WaterSense ® label for the most efficient household products and appliances.
Healthy soils hold more water. Apply mulch around plants to reduce evaporation, promote plant growth, and control weeds.
More information on water conservation and efficiency can be found at: www.mwra.com/comsupport/ waterconservationmain.htm
MWRA is an EPA Water Sense Partner!
MWRA has teamed up with the EPA’s WaterSense Program to help consumers save water for future generations and reduce costs on their utility bills. For more information on WaterSense, and for a full list of labeled products and WaterSense irrigation partners, visit: <www.epa.gov/watersense>.
MWRA has teamed up with the EPA’s WaterSense Program to help consumers save water for future generations and reduce costs on their utility bills. For more information on WaterSense, and for a full list of labeled products and WaterSense irrigation partners, visit: <www.epa.gov/watersense>.
Request free MWRA water conservation kits at: wc.mwra.com/home
• Reducing water use reduces energy costs by decreasing the
• energy needed to clean, pump, and heat water.
More information on water conservation and efficiency can be found at: www.mwra.com/comsupport/ waterconservationmain.htm
Request free MWRA water conservation kits at: wc.mwra.com/home
American Public Works Association Announces 2024 Top Ten Public Works Leaders of the Year Awards
FOR IMMEDIATE RELEASE: KANSAS CITY, MO. – May 15, 2024
Today, the American Public Works Association (APWA) announced its 2024 National Top Ten Public Works Leaders of the Year. In its 65th year, this award is one of APWA’s highest honors and is based on a lifetime of professional excellence. Recipients of the awards are chosen by past Top Ten recipients and embody professionalism, expertise, and personal dedication to improving the quality of life in their communities through the advancement of public works services and technology.
The Top Ten Public Works Leaders award focuses on outstanding career service achievements of individual public works professionals and officials from both the public and private sectors in North America. Each of the Top Ten Leaders is recognized for their accomplishments in federal, state, provincial, county, or municipal engineering or administration, including career advancement, contribution to technology or job knowledge, commitment to the profession as evidenced by education, training, certification and continuing education, as well as professional excellence and service to the community in large and small municipalities.
“Each year, APWA honors the nation’s Top Ten Public Works Leaders. They are the cream of the crop and the best at what they do. They have committed to serving their communities with honor and dedication. We congratulate these outstanding professionals who are advancing the quality of life for all,” said APWA President W. Gary Losier.
Worcester's Department of Public Works & Parks commissioner prestigious national award representing New England Chapter of APWA
“It is a great honor to be recognized by APWA with this distinguished award,” said Fink in a statement. “I’m thrilled to be named a Top 10 Public Works Leader among my accomplished peers. I share this award with the entire Department of Public Works & Parks who work tirelessly to serve the residents of Worcester day in and day out and I am proud that our work is being recognized on a national level.”
Construction Safety & Compliance: An Interview with Juan Rodriguez Safety
Director
Walsh Construction Company
Construction Outlook magazine editors recently caught up with Juan C. Rodriguez at a busy construction site on Deer Island, located in Boston Harbor. Juan is the designated Safety Director for UCANE member Walsh Construction Company (Massachusetts Operations). Juan and his team of Safety Professionals are overseeing Walsh’s operations as the General Contractor for MWRA’s massive ($290M) Phase 2 Clarifier Rehabilitation Project. We were able to get a few minutes of Juan’s time to speak with him about this unique project and the importance of Safety in today’s heavy civil construction industry.
Will you please tell us a little about your background, why and how you chose to get into the field of Construction Safety, and how you arrived at Walsh Construction Company?
Thank you for the opportunity to be part of this important publication. I started in the industry as a general laborer, working in pipe laying, carpentry, and concrete work. I also led a crew of carpenters before transitioning fully into safety.
I started with Walsh/Archer Western (AW) in August of 1997 in Atlanta on a transportation project, for the Metropolitan Atlanta Rapid Transit Authority (MARTA). While leading a crew of carpenters one of our new hires dropped a large piece of reinforcing steel on my head during a door layout. Thankfully, my hard hat saved my life. This accident made me re-evaluate my career path, and with this second chance at life, I decided to focus on the safety side of the business. Now, decades later, I'm proud to still be with WALSH, continuing my journey in the Construction Safety industry.
Please tell us a little about Walsh Construction Company? What type of projects does the company construct and in what regions do they pursue work?
Walsh is an exceptional organization with deep roots in Chicago and has been in business for over a century. As a family-oriented company, we
thrive on the success of every member of our team. Walsh is the nation's leading builder of water, wastewater treatment plants and bridges. Our expertise also extends to heavy civil, medical, aeronautical, multifamily, military, and warehouse construction projects. If it’s big and complicated, we do it. We operate across the U.S. and have a division in Canada, with a growing presence in New England. Our outstanding estimating team continuously seeks new opportunities and collaborates with various owners to secure future projects.
Can we talk a little bit about this unusual Clarifier Project being built for the MWRA on Deer Island where Walsh is the General Contractor? What is the general Scope of Work and what stage of construction are you currently at?
continued on page 53
The Deer Island Facility is the second largest Sewer Treatment Plant in the United States. The DITP Clarifier, Phase II Rehab project is a unique and complex operation that has required years of planning and preparation. What sets this job apart is the high risk involved in most of its activities. Given the facility's nature, treating millions and sometimes billions of gallons of sewage each day, there is a constant threat of deadly gases forming and migrating to the work areas.
The level of planning, training, air monitoring, mechanical ventilation, access location, and supervision required for this project is unparalleled in typical construction work at treatment plants. The project
will proceed on an aggressive schedule, with multiple tanks and installations being worked on simultaneously. Some of these tanks are enclosed, multilevel structures with volumes exceeding a quarter of a million cubic feet. Achieving several air changes per hour to maintain safe atmospheres is a massive effort. The need to constantly enter and exit each structure has led us to implement adjusted aluminum stairs instead of ladders at strategic locations where possible. This adjustment helps eliminate the risk of falls and mishaps associated with ladder use.
The scope of work for this project includes demolition, furnishing, installation, and testing of gates and their components, hatches, piping, supports, baffles, shafts, sludge collection equipment, and multiple other elements to enhance the plant's functionality. Additionally, the project involves refurbishing the concrete ceilings of the primary clarifier tanks which will be achieved with hydro-demo equipment, which is a specialty technology. Nearly 200 tanks will be refurbished and improved, along with influent channels, pipe gallery bypasses, and miscellaneous pipe installations.
Currently, we are in the early stages, working on the influent channels in preparation for entering the primary clarifiers. This marks the first year of a multi-year project to complete these extensive improvements.
We assume such a large project involves multiple subcontractors. Does the Walsh Safety crew provide safety directives to their subcontractors or work with the sub’s Safety Supervisors? How does that division of responsibility work?
To accomplish the vast number of operations, we have selected top-tier subcontractors. The safety standards everyone is expected to follow and achieve are exceptionally high. Every employee working on the project must attend a mandatory safety orientation conducted by the Massachusetts Wa-
Safety & Compliance continued from page 53
ter Resources Authority (MWRA), followed by a Walsh site-specific safety orientation. In addition, everyone must comply with a specific safety training matrix.
While everyone is part of the safety team, we have an exceptionally talented group leading our safety efforts. Tori Mover, our Site Safety Manager, and Ian Yeskewicz, a Safety Specialist who collaborates and provides invaluable support, ensuring we continue to hold the highest safety standards.
In addition to the Walsh safety team, we engage a third-party safety specialist company, SSCI, who provides full-time personnel to observe and support all operations. Any deficiencies identified in the work areas are corrected immediately and documented in an inspection report. Company representatives are informed of any required follow-up or improvements. Safety remains a top priority in all meetings, and our subcontractors have been complying and performing at the expected safety level.
As the lead Safety Director for this Deer Island project, what are some of the Safety challenges your team faces on a daily basis?
Maintaining our high level of safety is no easy task. The team engages in extensive planning to identify and mitigate every possible risk in all operations.
Managing the paperwork and execution of permits for confined space work can be exhausting on its own. The lockout and tagout process is also intense, ensuring all potential energy sources are isolated in the spaces where we work.
Another challenge is managing a diverse group of workers from different trades and unions. Each day, we ensure safety by verifying PPE, conducting thorough task hazard analyses, processing hot work / confined space permits, performing regular inspections of all areas, ordering materials, attending meetings, and meticulously filing paperwork. This requires dedication and long hours, but it's a rewarding challenge that only someone with a true passion for the safety profession can handle effectively. The commitment and effort put into these tasks highlight our unwavering dedication to maintaining the highest safety standards.
The construction industry continues to struggle with staffing issues for most continued on page 56
DigSafe.com or Call 811 Before You Dig
• Pre-mark the location of intended excavation using white stakes, paint or flags.
• In MA, ME, NH and RI, notify Dig Safe® at least 72 hours in advance, not including weekends and holidays.
• In Vermont, notify Dig Safe® at least 48 hours in advance.
• Notify non-member facility owners.
• Maintain the marks placed by underground facility owners.
• Use caution and dig by hand when working within 18” of a marked facility.
• If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.
• Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety.
• Know your state’s excavation requirements.
• Go to digsafe.com for educational material and current laws.
trades, as well as many professional positions. Has Walsh Construction been able to recruit new safety talent? As a Safety Professional what is your advice to others who may be considering a career in Construction Safety or a career change?
Acquiring new workers is indeed a challenge in our industry, as many of the younger generations are not embracing trades careers as they did in the past. However, we've had success with our internship programs, partnering with local schools to recruit promising candidates. Ian is a prime example of this success; he joined Walsh as an intern from Massachusetts Maritime Academy and has become a valuable team member. Finding the right fit through internships can be unpredictable and may require several attempts, but it often yields excellent results!
My advice to anyone considering a career in construction safety is to do some thorough research and understand the level of commitment required to be a successful safety professional. The demand for this profession is huge right now but be wary
to ever hit the wild ...
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of companies that only want a figurehead, are not committed to fostering a safety culture from the top down. Being a safety professional can be incredibly rewarding, but it can also be very challenging. If you have a genuine passion for making a difference in people's well-being, that's a strong starting point for pursuing a career in safety. n
Crushed Stone & State Specified Dense
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Manufacturer & Installer of Bituminous Concrete Products: M.B.S. Construction Services/Paving
Holden Trap Rock Co. 2077 N. Main Street (Route 122 A)
Tel: 508-829-5353
Fax: 508-829-9346
Berlin Stone Co. 332 Sawyer Hill Rd. (off Rt. 62 & 495) Berlin, MA 01503
Tel: 978-838-9999
Fax: 978-838-9916
Christopher Clark World Insurance Associates, Inc.
The New Standard: Why $5 Million Umbrella Policies Fall Short in Construction
Understanding Umbrella Coverage
In today's unpredictable and litigious environment, a single lawsuit can wipe out a business—are you prepared? That’s where umbrella insurance steps in. Umbrella insurance provides an extra layer of liability protection above and beyond the limits of your existing policies, such as general liability, auto liability, and workers' compensation. It kicks in when the underlying policy limits are exhausted, offering additional coverage limits that can be crucial in the event of a significant claim. For contractors, having adequate umbrella coverage is not only a matter of protecting their financial assets but also a competitive advantage when bidding on jobs, as it demonstrates their commitment to safety and risk management.
The Impact of Social Inflation on Litigation and Settlements
Social inflation refers to the rising costs of insurance claims due to various societal trends, including increased litigation, broader definitions of liability, and higher jury awards. In the construction industry, where accidents can lead to severe injuries or property damage, the effects of social inflation are particularly pronounced.
Over the past decade, we have seen a marked increase in the size of settlements and jury awards. Nuclear verdicts—jury verdicts worth $10 million or more—have been on the rise, with damaging consequences for businesses, consumers, and the rule of law. This information is not just an observation but
a finding from the report Nuclear Verdicts: Trends, Causes, and Solutions, a comprehensive study by the U.S. Chamber of Commerce Institute for Legal Reform. The report examined 1,376 nuclear verdicts in state and federal courts from 2010 to 2019, revealing that these verdicts grew significantly in frequency and size, with the median verdict rising from $19.3 million in 2010 to $24.6 million in 2019. That's a 27.5% increase, far outstripping the inflation rate of 17.2% over the same period.
Given the changing landscape of insurance claims and the increasing frequency and size of payouts, contractors must reassess their insurance coverage needs. What once seemed like a sufficient limit of insurance may no longer be adequate. The need for comprehensive umbrella coverage has never been more pressing, as mitigating the risks associated with these larger payouts is essential.
continued on page 60
Perspective continued from page 59
Preparing for Nuclear Claims
Nuclear claims are exceptionally large and have become increasingly common, and the construction industry is not immune to these threats. In 2021, a jury issued a $74 million verdict against an asphalt company for a death that resulted from a faulty paved road. The financial impact of a nuclear claim can be devastating, potentially bankrupting a poorly prepared company.
Contractors must recognize the reality of nuclear claims and take proactive steps to protect themselves. This includes having sufficient primary and umbrella insurance coverage and regularly reviewing and updating your policies to ensure they align with the current risk landscape. By doing so, you can take control of your insurance needs and mitigate potential risks.
The Concept of Aggregate Umbrella Insurance
One strategy to enhance your protection is to consider an aggregate umbrella insurance policy. Unlike traditional policies that provide a fixed limit per occurrence, an aggregate umbrella policy offers a total limit for all claims within the policy period. This ap -
proach ensures multiple claims stay within your coverage, providing a more comprehensive safety net.
For instance, if a contractor has an aggregate umbrella policy with a $10 million limit, they can cover several claims within the limit without the risk of exhausting coverage. This is particularly beneficial in an industry where multiple incidents occur quickly, ensuring continuous protection and compliance with contractual obligations.
Conclusion
The construction industry faces unique risks requiring a thorough and proactive approach to insurance coverage and risk management. Rising social inflation and the potential for nuclear claims underscore the importance of having sufficient umbrella coverage. By understanding these trends and securing comprehensive insurance policies, you can protect your financial stability and meet contractual requirements, ensuring long-term success in a challenging and ever-evolving industry.
As you navigate the complexities of insurance coverage, remember that the cost of premiums is a small price compared to the potential financial devastation of being underinsured. Ensure you have the right coverage in place, including considering an aggregate umbrella policy, to safeguard your business and provide peace of mind in the face of uncertainty.n
IS YOUR INSURANCE PROGRAM KEEPING PACE IN TODAY’S MARKET?
Let us review your programs and recommend improvements to ensure you are fully protected should the unexpected happen.
Department of Labor's Occupational Safety and Health Administration (OSHA) has issued a final rule to update the agency’s Hazard Communication Standard (HCS).
Final Rule Amends the
Hazard Communica9on Standard
OSHA'S FinAl Rule AmendS tHe HA z ARd COmmuniCAtiOn StAndARd OSHA's
OSHA has issued a final rule that updates the Hazard Communication Standard (HCS) align primarily with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The final rule was publishe May 20, 2024 and takes effect on July 19, 2024.
U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued a final rule to update the agency’s Hazard Communication Standard (HCS).
U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued a final rule to update the agency’s Hazard Communication Standard (HCS).
OSHA has issued a final rule that updates the Hazard Communication Standard (HCS) to align primarily with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The final rule was published on May 20, 2024 and took effect on July 19, 2024
OSHA has issued a final rule that updates the Hazard Communication Standard (HCS) to align primarily with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The final rule was publishe d on May 20, 2024 and takes effect on July 19, 2024.
ards associated with exposure to dangerous chemicals. OSHA updated the standard in 2012 to align with the third revision of the GHS. The system provides a common sense and coherent approach to classifying chemicals and communicating hazard information on products commonly encountered by employees in all industries including Construction.
updated standard will improve the standard’s effectiveness by better informing employees about chemical hazards in the workplace. This final rule will increase worker protections and reduce the incidences of chemical-related occupational illnesses injuries by further improving the information on the labels and safety data sheets hazardous chemicals. The final rule will also address issues arising since implementation the 2012 standard and improve alignment with other federal agencies and Cana
The updated standard will improve the standard’s effectiveness by better informing employees about chemical hazards in the workplace. This final rule will increase worker protections and reduce the incidences of chemical-related occupational illnesses and injuries by further improving the information on the labels and safety data sheets for hazardous chemicals. The final rule will also address issues arising since implementation of the 2012 standard and improve alignment with other federal agencies and Cana da.
The updated standard will improve the standard’s effectiveness by better informing employees about chemical hazards in the workplace. This final rule will increase worker protections and reduce the incidences of chemical-related occupational illnesses and injuries by further improving the information on the labels and safety data sheets for hazardous chemicals. The final rule will also address issues arising since implementation of the 2012 standard and improve alignment with other federal agencies and Canada.
OSHA is also providing a redline strikeout version of the regulatory text and appendices for stakeholders which can be found on the OSHA Website.
Although the Effective Date of the New HazComm Rule is July 19, 2024, this date is also considered the beginning of a Transition Period where either the 2012 standard or the 2024 standard will be considered acceptable. OSHA has established a series of dates for both product manufacturers and Employers to come into compliance:
OSHA is also providing a redline strikeout version of the regulatory text and appendices stakeholders which can be found on the OSHA Website.
Established in 1983, the HCS provides a standardized approach to communicating workplace hazards associated with exposure to dangerous chemicals. OSHA updated the standard in 2012 to align with the third revision of the GHS. The system provides a common sense and coherent approach to classifying chemicals and communicating hazard information on products commonly encountered by employees in all industries including Construction
OSHA is also providing a redline strikeout version of the regulatory text and appendices for stakeholders, which can be found on the OSHA Website.
Established in 1983, the HCS provides a standardized approach to communicating workplace hazards associated with exposure to dangerous chemicals. OSHA updated standard in 2012 to align with the third revision of the GHS. The system provides common sense and coherent approach to classifying chemicals and communicating hazard information on products commonly encountered by employees in all industries including Construction
Established in 1983, the HCS provides a standardized approach to communicating workplace haz-
November 20, 2025: Product Manufacturers must have cremated the new Labeling and MSDS Sheets that accompany their products when they are distributed to end users.
May 20, 2026: Contractor Employers must have completed updating of workplace labels, internal hazard communication programs, and training as necessary. n
In a late and disputed decision, the Massachusetts Commissioner of Insurance has ordered a general revision of workers’ compensation rates, effective 12:01 A.M., July 1, 2024, applicable to new and renewal policies.
Average Rates
The overall average decrease of 14.6% will vary by industry group as follows:
A risk is eligible for experience rating when the payrolls or other exposures developed in the last year or last two years of the experience period produced a premium of at least $11,000. If more than two years, an average annual premium of at least $5,500 is required.
Experience mods and ARAPs already issued effective 7/1/2024 or after on a preliminary basis will be recalculated to reflect the new Expected Loss Rates. Similarly, construction class credits under the Massachusetts Construction Classification Premium Adjustment Program will be revised using the revised experience rating offset.
Small Deductible Credits
Average rates include adjustments for experience factors, the construction class credit and other factors.
Change in Manual Rates
The overall decrease in manual rates by industry group is:
The premium credits applicable to the election of small deductibles under either the Massachusetts Benefits Deductible Program or the Massachusetts Benefits Claim and Aggregate Deductible Program have been revised. The deductible credits will be:
Benefits Deductible Coverage Program
Deductible Amount Credit $500 1.5% $1,000 2.5%
$2,000 4.0%
$2,500 4.6%
$5,000 6.9%
Benefits Claim and Aggregate Deductible Program
The changes by class, even within the same industry group, vary substantially.
Following is a list of the more common classifications we work with and the new manual rates per $100 of payroll. The rates for all Massachusetts classes can be found at www.wcribma.org, the web site of the Workers’ Compensation Rating and Inspection Bureau of Massachusetts, on their Class Code Lookup page.
Experience Rating Plan Changes
The Experience Rating Plan Expected Loss Rates and D-Ratios have also changed. These rates and ratios are used in calculating experience rating factors (experience mod. and ARAP) and are a significant component in determining the final premium for an experience rated risk. Expected loss rates used in calculating experience factors decreased by an average of 14.7% over all industry groups.
Under this program, a per claim deductible of $2,500 applies subject to an aggregate of $10,000. For policies with an estimated annual standard premium over $200,000, the aggregate is 5% of the estimated annual standard premium.
Estimated Annual Credit Standard Premium
$0 to $75,000 4.5%
$75,001 to $100,000 4.3%
$100,001 to $125,000 4.2%
$125,001 to $150,000 4.1%
$150,001 to $200,000 3.9% over $200,000 3.7%
Other Factors
There were changes to the Retrospective Rate continued on page 65
Serving the Bonding and Insurance needs of the N.E.construction industry for almost 50 years.
Adam DeS anctis Jam es Axon M ichael G ilbe rt Br yan J uw a
David Boutiette Pa ul P at alano Dick C aruso Jonathan Duggan Jordan Tirone
Workers’ Comp. Rates continued from page 63
Plan, Disease Elements Table and an overall average decrease in F-Class rates of 14.6%. For details, see the Bureau’s web site at www.wcribma.org.
There were no changes in the following:
• Expense Constant
• Loss Constant
• USL&HW Act coverage percentage nor expected loss factors applicable to non-F classifications
• Merit Rating Program
• Massachusetts Construction Classification Premium Adjustment Program
• Premium Discount Tables A and B
• Admiralty Law and Federal Employers’ Liability Act classificationsMASSACHUSETTS WORKERS’ COMPENSATION RATES
It is important to remember this rate change will affect each insured differently and premium changes will vary. Please consult with your account manager to review how this change will affect you.
Selected Rates per $100 of Payroll
Massachusetts Workers’ Compensation Rates Selected Rates per $100 of Payroll
continued on page 66
Massachusetts Workers’ Compensation Rates Selected Rates per $100 of Payroll
U.S. Equal Employment Opportunity Commission
Releases Report on Iden.fying and Preven.ng Harassment in the Construc.on Industry
June 18, 2024- For Immediate
Release
WASHINGTON – The Equal Employment Opportunity Commission (EEOC) today released Promising Practices for Preventing Harassment in the Construction Industry, a document that highlights key recommendations industry leaders can take to combat harassment in construction.
WASHINGTON – The Equal Employment Opportunity Commission (EEOC) today released Promising Practices for Preventing Harassment in the Construction Industry, a document that highlights key recommendations industry leaders can take to combat harassment in construction.
This document identifies promising practices for industry leaders to help prevent and address harassment in the construction industry. It recommends that general contractors take on a coordination and leadership role on the construction worksite. This document draws from and builds upon the EEOC’s existing resources on workplace harassment, including the 2024 Enforcement Guidance on Harassment in the Workplace, the 2016 Report of the Co-Chairs of the Select Task Force on the Study of Harassment in the Workplace (“the Co-Chair Task Force Report”), and subsequent companion documents on promising practices.[8] The practices discussed in this document may assist covered entities in meeting their legal obligations to maintain harassment-free workplaces and remedy harassment if it arises, which will in turn promote safety on the job.[9]
*Below is a Partial Excerpt
from the EEOC’s June 18th Report:
This document identifies promising practices for industry leaders to help prevent and address harassment in the construction industry. It recommends that general contractors take on a coordination and leadership role on the construction worksite. This document draws from and builds upon the EEOC’s existing resources on workplace harassment, including the 2024 Enforcement Guidance on Harassment in the Workplace, the 2016 Report of the Co-Chairs of the Select Task Force on the Study of Harassment in the Workplace (“the Co-Chair Task Force Report”), and subsequent companion documents on promising practices.[8] The practices discussed in this document may assist covered entities in meeting their legal obligations to maintain harassment-free workplaces and remedy harassment if it arises, which will in turn promote safety on the job.[9]
APPENDIX A:
Below is a Partial Excerpt from the EEOC’s June 18 Report:
Construction Industry Risk Factors for Harassment
APPENDIX A:
Construction Industry Risk Factors for Harassment
The Co-Chair Task Force Report identified a number of “risk factors” in a workplace that increase the risk of harassment.[16] The existence of one or more risk factors in a workplace does not necessarily mean that harassment will occur but may indicate an environment in which harassment may be more likely to arise. As such, it is particularly important for employers to remain vigilant and to take steps proactively to prevent harassment in industries where risk factors are present. Of the twelve risk factors identified in the Co-Chair Task Force Report, several are particularly applicable in the construction industry:
The Co-Chair Task Force Report identified a number of “risk factors” in a workplace that increase the risk of harassment.[16] The existence of one or more risk factors in a workplace does not necessarily mean that harassment will occur but may indicate an environment in which harassment may be more likely to arise. As such, it is particularly important for employers to remain vigilant and to take steps proactively to prevent harassment in industries where risk factors are present. Of the twelve risk factors identified in the Co-Chair Task Force Report, several are particularly applicable in the construction industry:
1. A homogenous workforce. The risk of ha -
rassment may increase where there is a lack of diversity in the workplace. Women and certain people of color are historically and currently underrepresented in the construction industry, especially in the higher-paid, higher-skilled trades. Women make up just 11% of all workers in the construction industry—a figure that includes office and clerical positions—and only about 4% of workers in the trades, even though they make up 47% of the labor force.[17] Black workers were nearly 13% of the U.S. labor force in 2023 but less than 7% of the construction workforce. [18] Asian workers also make up a very small percentage of the construction workforce (1.7%) compared to their share of the overall labor force (6.9%).[19] In addition, Black and Hispanic or Latino workers and women are disproportionately concentrated in lower-paying construction jobs.[20]
2. Workp laces where there is pressure to continued on page 69
1. A homogenous workforce. The risk of harassment may increase where there is a lack of diversity in the workplace. Women and certain people of color are historically and currently underrepresented in the construction industry, especially in the higher-paid, higher-skilled trades. Women make up just 11% of all workers in the construction industry—a figure that includes office and clerical positions and only about 4% of workers in the trades, even though they make up 47% of the labor force.[17] Black workers were nearly 13% of the U.S. labor force in 2023 but less than 7% of the construction workforce.[18] Asian workers also make up a very small percentage of the construction workforce (1.7%) compared to their share of the overall labor force (6.9%).[19] In addition, Black and Hispanic or Latino
EEOC continued from page 67
conform to traditional stereotypes. Harassment may be more likely to occur where a subset of workers do not conform to stereotypes. Such workers might include, for example, a woman who challenges gender norms by presenting as “tough enough” to do a job in a traditionally male-dominated environment like construction.
3. Decentralized workplaces. Decentralized workplaces—those enterprises where corporate offices are far removed physically and/ or organizationally from front-line employees or first-line supervisors—may foster a climate in which harassment may go unchecked. For workers on construction sites, being unable to “go down the hall” to HR or lacking the ability to seek out a more senior person besides a direct supervisor, may make seeking advice or reporting harassment more challenging. The lack of proximity to a central headquarters may also embolden potential harassers, who feel less direct accountability.
There are two additional features of construction worksites that can exacerbate the risk factors discussed above:
4. Worksites with Multiple Employers Present. Typical workers on a construction worksite might be employed by the project owner (the entity initiating the project and hiring the general contractor), a general contractor, or various subcontractors, or could be a self-employed specialist or a temporary worker through a staffing agency. Though technically employed by different entities, these workers may work alongside each other on a daily basis. This structure also introduces the additional challenge of a dynamic workforce in which project supervisors and coworkers may shift throughout a project’s duration. It also introduces additional complexity in identifying retaliation, since a complaining worker may experience retaliation from their own employer and potentially other employers. It differs dramatically from many S. workplaces, in which a single employer is responsible for, and oversees compliance with, nondiscrimination requirements.
5. Cyclical, project-based work. Work in the construction industry can be highly cyclical with seasonal downturns and variable demand, and only a small fraction of workers are employed as permanent core staff for one company. Most concontinued on page 71
single source for precast concrete solutions
struction workers move from contract to contract and from jobsite to jobsite and are laid off after a project ends. The temporary nature of the work may make construction employees particularly vulnerable to retaliation, due to fear about the impact to livelihood that can result if a worker is blacklisted in the industry following a complaint of discrimination. The transitory nature of construction work may also present challenges when seeking culture change because worksite leaders may need to set expectations and implement new reporting processes at every new project. Finally, underrepresented workers may be discouraged from reporting harassment due to the cyclical nature of the work — after finding it necessary to “prove themselves” to coworkers and earn their trust and escape harassing treatment, the project ends, and the process starts all over again.
Dana Kepner Company’s regional purchases now include Putnam Pipe (2021) and Jack Farrelly (2023).
This expansion will provide our customers with greater access to an extensive inventory, additional resources, including a 24-hour service department, and the benefits of a wider market.
We look forward to earning your continued trust and confidence.
Thank you for your business.
KEPNER
The Jack Farrelly Company
Asphalt Exposure in the Construction Industry
Asphalt is a dark brown-to-black, cement-like, semi-solid or solid produced by the distillation of crude oil during petroleum refining. The three major types of asphalt products are:
1. Paving asphalts – 275-300 degrees when being installed on roadways
2. Roofing asphalts and hot tar – 400+ degrees when being installed on roofs
3. Bituminous-based paints – Foundation coatings and driveway sealers
Data is limited regarding the presence of carcinogens (cancer-causing chemicals) in asphalt fumes. The detection of carcinogenic polycyclic aromatic hydrocarbons (PAHs) in laboratory-generated asphalt fumes indicates that, under some conditions, known carcinogens are likely to be present. Asphalt fumes created at high temperatures are probably more likely to produce carcinogenic PAHs than fumes generated at lower temperatures. This report examines the hazards associated with asphalt exposure in the construction industry and suggest preventive measures to mitigate risks.
Health Hazards
Exposure to asphalt and its vapors can lead to various health issues, including:
• Skin irritation: direct contact with asphalt can cause skin irritation, dermatitis, rashes, and allergic reactions.
• Respiratory problems: contact with asphalt fumes can serve as an irritant to eyes, nose, and throat. In addition, inhalation of asphalt fumes can cause respiratory issues, such as coughing, wheezing, and shortness of breath.
• Cancer: the dangers of chronic asphalt exposure are not clear. Research indicates an excess of lung cancer among roofers. However, it is uncertain whether this excess is solely due to asphalt exposure or due to exposure to other carcinogens, such as cold tar and asbestos. Data from studies in animals indicates that lab -
oratory-generated, roofing asphalt fumes damage DNA and can produce skin tumors in mice. In contrast to the studies of roofers, studies of pavers exposed to asphalt fumes have yielded contradictory results regarding lung cancer. Although some of the studies reported an elevat-
continued on page 74
Nancy Hughes, President OHS Training & Consulting, Inc.
Safety Corner continued from page 73
ed risk for lung cancer among pavers exposed to asphalt, these studies had significant design limitations, for example, not controlling for cigarettes smokers. Furthermore, a recent look at pooled data from multiple studies failed to find overall evidence for lung cancer among pavers exposed to asphalt. Bear in mind that the absence of evidence is not evidence of absence. In other words, because we have no solid research that shows chronic asphalt exposure is linked to cancer does not necessarily mean that chronic exposure to asphalt has no significant health consequences.
Routes of Exposure
Workers in the construction industry could be exposed to asphalt through several routes:
• Dermal (skin) contact: direct contact with asphalt during handling, paving, or maintenance activities.
• Inhalation: breathing in fumes generated during the heating and application of hot asphalt.
• Ingestion: accidental ingestion through handto-mouth contact after handling asphalt without proper hygiene practices.
MATERIALS AVAILABLE FOR PURCHASE:
• 1” MINUS PROCESSED GRAVEL
• ¾” & 1½” CRUSHED STONE
• SCREENED LOAM
• SCREENED SAND
MATERIALS ACCEPTED:
• BROKEN ASPHALT
• NON & REINFORCED CONCRETE
• CONCRETE WITH WIRE MESH
• ROCK
• BL ASTED LEDGE
Risk Factors
Several factors contribute to the level of risk associated with asphalt exposure:
• Duration and frequency of exposure: longterm and frequent exposure increases the risk of adverse health effects.
• Temperature: higher temperatures during paving increases the risk of asphalt fumes, elevating the risk of inhalation exposure.
• Personal protective equipment (PPE) usage: inadequate use or absence of PPE, such as gloves, respiratory protection, and protective clothing heightens the risk of exposure.
Preventive Measures
To minimize the risks associated with asphalt exposure, the following preventive measures are recommended:
• Engineering Controls: enclosure and ventilation of work areas, use of asphalt paving machines with emissions controls and automation to reduce direct contact.
• Administrative Controls: implementing work
continued on page 75
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Safety Corner continued from page 74 practices, such as job rotation, scheduling tasks during cooler periods, and providing training on safe handling practices.
• Personal protective equipment (PPE): mandating the use of appropriate, PPE, including gloves, respirators or masks, safety glasses, and protective clothing.
• Hygiene practices: encouraging, frequent handwashing, prohibiting smoking in work areas, and providing designated eating and drinking areas away from potential contamination.
Regulatory Compliance
The Occupational Safety and Health Administration (OSHA) does not have a standard or permissible exposure level for asphalt fumes. However, the American Conference of Governmental Industrial Hygienists (ACGIH) has a threshold limit value (TLV) of 5.0 mg/m3 for asphalt fumes. Similarly, the National Institute for Occupational Safety and Health (NIOSH) recommends an airborne exposure limit (REL) of 5 mg/m3, which should not be exceeded during any 15-minute work period.
Currently, 29 states have OSHA-approved plans that regulate exposure to asphalt fumes. Employees should adhere to relevant state occupational health and
safety regulations pertaining to asphalt exposure, including exposure limits, monitoring requirements, and training provisions. Regulatory bodies should enforce the standards through regular inspections and audits.
Conclusion
Asphalt exposure poses a significant risk to workers in the construction industry. By implementing preventive measures, including engineering controls, administrative controls, PPE usage, and hygiene practices, employers can safeguard the health and well-being of their workers while complying with regulatory requirements. Continued industry research and vigilance are essential to further mitigate the risks associated with asphalt exposure. n
