Construction Outlook November 2023 by Ucane

NOV | 2023 UCANE Interview:

Senator Jason Lewis

The J.A. Polito Management Team (L-R) Peter Courtney, Tammy Connors, Kenny Polito, and Wayne Lopriore

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IN THIS ISSUE

OFFICERS President RYAN McCOURT McCourt Construction Company

President-Elect BRIAN COONEY C. C. Construction Inc.

Treasurer CHRIS VALENTI GVC Construction, Inc.

Secretary QUERINO PACELLA RJV Construction Corp.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Brothers, Inc.

VINCENT BARLETTA Barletta Heavy Division

MIKE BISZKO, III Biszko Contracting Corp.

CALVIN BRANDFORD CHB Excavating

CHRISTOPHER CLARK

5 President’s Message:

UCANE Provides Testimony on Bills Affecting Our Industry

7 Legislative Update: • • • • •

Joint Committee on Public Service Hears UCANE Legislation House and Senate Pass Wage Transparency Legislation Climate Chief Hoffer Releases Climate Plan EPA Announces New Clean Water and Coastal Grants News in Brief

23 UCANE Interview:

Senator Jason Lewis (D-Winchester, Fifth Middlesex District)

27 Legal Corner:

OSHA Developments

33 In Memoriam:

Bradford Scott Cleaves, D&C Construction Co., Inc.

35 Imagine a Day Without Water: Don’t Let Out of Sight be Out of Mind 37 Public Works Pipeline:

World Insurance Associates, LLC

An Interview with Robert Faley, Director of Public Works, Town of Chatham, MA

JULIA D’ALLESSANDRO

41 Save the Date: UCANE’s Online Scholarship Auction 42 UCANE Member of the Month:

D’Allessandro Corp.

GEORGE DeFELICE DeFelice Corporation

JERRY GAGLIARDUCCI Gagliarducci Construction, Inc.

JOE GIOIOSO P. Gioioso & Sons, Inc.

JUSTIN GOODHEART J. F. White Contracting Co.

DAVID HAMILTON E. J. Prescott, Inc.

DAN HORGAN R. H. White Const. Co., Inc.

LISA FRENCH KELLEY W. L. French Excavating Corp.

JIM MADDEN All States Material Group

CHIP McDONALD ATS Equipment, Inc.

MIKE OTTAVIANO Jolin Paving & Excavating, Inc.

ROBBIE OUR Robert B. Our Co., Inc.

BRIAN RAWSTON Jay Cashman, Inc.

J. A. Polito & Sons, Inc. approaches 75th Anniversary

49 Massachusetts Clean Water Trust Board of Trustees Members Approved $42,403,554 in New Loans and Grants at its October Meeting 51 Safety Corner: The Interplay of Mental Health and Workplace Safety

53 Insurance Perspective:

Data Spotlight: Cyber Losses in Construction Are on the Rise

57 The Life Span of a Construction Hard Hat 59 Today’s Best Practices to Protect Against Job Site Theft 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: Ryan McCourt Editorial Board: Ryan McCourt, Brian Cooney, Chris Valenti, & Querino Pacella 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.

JOSEPH F. NOLAN Executive Director

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UCANE Provides Testimony on Bills Affecting Our Industry As October came to a close, and Halloween festivities are now behind us, UCANE members have been diligently working to advance major construction projects throughout the Commonwealth and beyond. While our contractors strive to meet their Fall goals in the field, UCANE continues to advocate for policies and legislation that support our common agenda.

his Fall has been a bustling season for UCANE, with our new Executive Director, Joseph Nolan, making multiple trips to Beacon Hill to get acquainted with legislators. UCANE has been actively engaged in discussions regarding various legislation that could significantly impact our members and our industry. One of the notable bills that UCANE has provided testimony on is House Bill 1868/Senate Bill 1158, “An Act to Prevent Wage Theft, Promote Employer Accountability, and Enhance Public Enforcement.” UCANE has testified against the passage of this bill, primarily due to a component that could potentially hold contractors, developers, and construction managers jointly and severally liable for wage violations made by subcontractors working at any tier under them. Working with other organizations, UCANE strongly opposes this “first in the nation” proposal for instituting vicarious liability for wage payments. UCANE has also voiced its opposition through written testimony against House Bill 1943/Senate Bill 1171, which deals with compliance with prevailing wage laws. This legislation raises concerns, particularly, related to the definition of off-site fabrication, and the prevailing wage law regulations concerning the development of construction materials. There are concerns about the legislation’s clarity, the impracticality of regulating manufacturing businesses, and the undefined terms used within it. On a more positive note, UCANE submitted testimony in support of House Bill 803/Senate Bill 453, “An Act Relative to the Funding of Water Infrastructure, NOVEMBER, 2023

and Addressing Economic Target Areas.” This legislation aims to establish a reliable and consistent funding mechanism for the Commonwealth’s water infrastructure needs. By augmenting municipal water hook-up fees to create a dedicated water infrastructure funding stream, UCANE’s messaging to keep investing in water, and water infrastructure projects, is being heard. Finally, of particular note, on October 31, Executive Director Nolan testified before the Joint Committee on Public Service in support of Senate Bill 1705, which relates to the timely payment of law enforcement. This bill is a priority on UCANE’s legislative agenda, and seeks to ensure that awarding authorities pay for police details directly, streamlining the payment process, removing police details from the bidding process, and promoting transparency for all contractors and agencies. I also want to take a moment to express my gratitude to our hardworking staff and our generous members. Your contribution and support have been instrumental in advancing our busy Fall agenda. We appreciate the support of those who so generously sponsored segments of our 69th Anniversary Banquet, those who will be advertising in our 2024 Industry Directory, and those who will be providing items and resources for our Scholarship Auction.

UCANE’s strength lies in our dedicated membership, and we are thankful for everything they do to support our Association’s efforts. Together, we will continue to make progress and advocate for our common goals. n

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Joint Committee on Public Service Hears UCANE Legislation

he Joint Committee on Public Service held a public hearing on October 31st to hear a variety of matters before the Committee. Mr. Joe Nolan, UCANE’s Executive Director, testified before Senate Chair Mike Brady and House Chair Ken Gordon on Senate Bill 1705, An Act Relative to the Timely and Consistent Payment of Law Enforcement. Filed by Senator Mike Moore, Senate Bill 1705 amends Mass. Gen. Laws ch. 30, §39M to require awarding authorities, undertaking public works projects under this section of law, to make direct payments to those entities providing such paid details. The legislation further provides that the cost of police details shall not be included as part of the bid submitted by any offer or responding to a bid solicitation conducted in accordance Mass. Gen. Laws ch. 30, §39M. Finally, the legislation provides that this new requirement be referenced as part of any request for proposals (RFP) or request for response (RFR) so that contractors do not include a bid amount for this item. As UCANE Executive Director Nolan testified, NOVEMBER, 2023

the legislation has three distinct and clear benefits: greater control for awarding authorities over project costs; reducing costs within bids submitted by contractors; and, as importantly, ensuring that a police officer never goes without payment due to the default or bankruptcy of a contractor. Emphasizing the need for contractors to have transparency in potential cost to minimize risk, Mr. Nolan shared how the legislation could benefit awarding authorities, contractors and, most importantly, the general public by reducing costs associated with contractor’s bidding on police details as a bid item. In addition to UCANE’s testimony, CIM’s new Executive Director Jeff Mahoney also testified about the importance of passing this legislation in a timely manner. Senate Bill 1705, which has received a favorable report from this Committee in previous sessions, has a companion bill currently before the Joint Committee on State Administration. UCANE will continue to pursue this legislation through the remainder of the legislative session, which ends July 31, 2024. continued on page 9

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Legislative Update continued from page 7

House and Senate Pass Wage Transparency Legislation

he Massachusetts Senate and House of Representatives passed similar bills aimed at increasing wage transparency which, it is hoped, will eventually lead to greater wage parity. Following a recent tidal wave of pay transparency legislation in other states, the two branches overwhelmingly supported and passed legislation that will require employers with over 25 employees in the Commonwealth to disclose salary range information on job postings, and to provide pay range information to current employees. Additionally, the legislation requires private employers with over 100 Massachusetts employees to submit aggregated data to the Commonwealth annually. The legislation is now before a Conference Committee of three House and Senate members, respectively, who will iron out the differences in the two recently passed versions. With respect to specific language, the bills require private employers to (i) post the “pay range” for a particular position on job postings, (ii) disclose the pay range for a position to employees who are offered a promotion or a transfer to a new position with different job responsibilities, and (iii) provide the pay range for a particular position to an employee holding the position or to an ap-

plicant for the position upon request. This requirement will apply to organizations that employ at least 25 employees in the Commonwealth. The legislation defines pay range as “the salary range or hourly wage range that the covered employer reasonably and in good faith expects to pay” at the time of posting. The law does not require disclosure of bonuses or other benefits. The proposed law would also require private employers with 100 or more employees in the Commonwealth to submit a data report that includes workforce demographic and pay data categorized by race, ethnicity, sex, and job category. Employers would be required to submit this data to the Secretary of the Commonwealth as a supplement to their annual corporate filings every year. The Secretary of the Commonwealth will then provide this information to the Massachusetts Department of Labor, which will publish aggregated data on its website. To allay employers’ concerns about workforce information, an employer’s underlying report will not be considered “public records” subject to disclosure under the Massachusetts public records law. In terms of what data is required, the law requires continued on page 11

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Legislative Update continued from page 9 employers to submit a data report that includes all required components contained in the U.S. Equal Employment Opportunity Commission (EEOC) Employer Information Report, also known as an EEO-1 report. Unions, state and local governments, and elementary and secondary school systems will need to submit similar information every other year. In terms of enforcement, the law does not include a private right of action on behalf of aggrieved employees or applicants, which was a provision in other states laws. Instead, the Massachusetts law will be enforced by the Attorney General’s Office, which may seek declaratory or injunctive relief and impose fines for failing to submit the required reports or failing to provide pay range information as required. First violations of the law are subject to a warning, followed by a fine of not more than $500 for the second offense, and a fine of not more than $1,000 for the third offense. The proposed law specifically states that violations are not subject to treble damages. The legislation, which is expected to be signed by the Governor when it hits her desk, is strongly supported by employer associations like the Associated Industries of Massachusetts and the Greater Boston Chamber of Commerce, while the Retailers Association of Massachusetts raised concern about overburdening small businesses with another slate of regulatory standards. continued on page 13

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Legislative Update continued from page 11

Climate Chief Hoffer Releases Climate Plan

ollowing through on a plan announced soon after the establishment of her position, Climate Chief Melissa Hoffer issued a new report in October highlighting key details and wideranging recommendations for accelerating the Commonwealth's progress toward its emissions reduction goals. The report underscored some new policy targets, but mostly highlighted a number of initiatives already being tackled by various Massachusetts state agencies. Though there's no Massachusetts-specific estimate, the cost to decarbonize the total United States economy by 2050 may be in the range of $25 trillion to $30 trillion. According to the new report, funding from a handful of new laws such as the Inflation Reduction Act and Chips and Science Act could contribute somewhere in the range of about 8 to 30 percent of required decarbonization spending, meaning 70 to 92 percent will need to be financed by federal, state or local sources. Towards

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Legislative Update continued from page 13 emissions and climate risk. • Emissions mitigation. The report presents a range of recommendations to reduce greenhouse gas emissions and achieve the mandate of net zero emissions in 2050. These include reviewing the best use of ratepayer funds currently allocated to Mass Save in light of existing building decarbonization needs and accelerating work to establish a decarbonization clearinghouse; issuing an annual climate report card on the state’s progress to meet CECP emissions reduction mandates; taking action to reduce aviation emissions; and ensuring new housing production and preservation and construction of new schools is consistent with building sector electrification and decarbonization mandates. • Public health and resilience. The report’s public health and resilience recommendations include efforts to establish consistent guidance, standards and use of statewide climate science and data; develop and implement a Comprehensive Coastal Resilience Plan; prioritize investment to develop more energy resilient infrastructure, such as microgrids, that can maintain power to critical infrastructure during extreme weather events; and ready Massachusetts for the increasingly disruptive and dangerous impacts of climate change such as inland flooding, heat, migration, crop loss, droughts, and adverse health effects, including increased disease transmission and mental health issues. • Workforce. Recommendations include developing a comprehensive, cross-agency plan that includes measurable targets and goals to build a clean energy, climate, and resilience workforce. The report also calls for the establishment of a Climate Service Corps to drive awareness, engage residents and institutions, and develop career paths integral to climate-critical solutions. The Climate Corps would provide volunteer opportunities and have programs focused on youth, preparing them for good-paying jobs in clean energy and climate resilience. To review a copy of the Massachusetts Climate Chief’s new report, please visit: https:// www.mass.gov/info-details/recommendationsof-the-climate-chief. continued on page 17 NOVEMBER, 2023

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Legislative Update continued from page 15

EPA Announces New Clean Water and Coastal Grants

ccording to a press release issued by its Region 1 office at the end of October, the United States Environmental Protection Agency (EPA) announced the award of $3,339,177 in new funding for southeast Massachusetts communities and new technical assistance and partnerships with local organizations working for clean water and healthy coastal ecosystems. More than $1 million of this new funding is through the November 2021 Bipartisan Infrastructure Law (BIL), which is providing funds for projects across the country to improve climate resiliency and address infrastructure upgrades. The remaining funds are through annual Congressional appropriations to EPA’s Southeast New England Program (SNEP). In addition to the BIL-funded projects, SNEP is providing $1,494,685 in grants through the SNEP Watershed Implementation Grant (SWIG) program; $298,287 under a competitive research grant; $300,000 under an Inter-Agency agreement with the U.S. Geological Survey (USGS); $250,000 to the

Buzzards Bay National Estuary Program; and direct technical assistance to three municipalities. Among some of the project appropriations: • Lily Pond Park (Nantucket Land Bank) ($600,000). The project will install naturebased and traditional stormwater infrastructure to improve water quality in the pond, paired with improvements to provide American’s with Disabilities Act accessible pathways, boardwalks, seating, and signage. The project will also expand the Land Bank’s existing master planning process to include more areas of the watershed. • Mass Audubon Society ($465,965). The project will cover planning, permitting and implementation of salt marsh restoration practices at several sites around Dartmouth, MA to facilitate marsh migration and restore tidal hydrology. This effort will be paired with community education, engagement, and workshops to help the continued on page 19

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Legislative Update continued from page 17

•

public understand the importance of salt marsh to coastal habitat and resilience. Buzzards Bay Coalition ($499,730). The project represents a unique opportunity to invest in the restoration of Buzzards Bay’s most negatively impacted coastal stream flowing through the center of its most densely developed and disadvantaged communities. It will improve water quality and support climate change adaptation by implementing a distributed network of green infrastructure (GI) practices to maximize stormwater capture, promote groundwater recharge, and build system resilience. It also seeks to maximize the social, environmental, and health related cobenefits of GI by removing unnecessary impervious cover and restoring native plants and trees to improve local air quality, increase access to green space, and mitigate urban heat island effects. Massachusetts Department of Conservation and Recreation ($100,000). The project will consist of pilot design and installation of an “embankment filter,” a filtering stormwater control measure that can be installed on slopes that are typically considered too constrained for

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conventional stormwater controls. The project will develop implementation documents including standard details, materials and construction specifications, and methods for estimating pollutant reduction using the EPA stormwater Performance Curves. These will be shared with the greater New England stormwater community so this measure can be more readily incorporated in other locations. In 2012, Congress charged the EPA with conserving and restoring southeast New England’s coastal environment, and in 2014 began providing funding to develop a Southeast New England Program. As EPA’s pass-through organization, Restore America’s Estuaries is now working with the EPA to manage the watershed grants program, funding local organizations that are restoring clean water and healthy coastal ecosystems. The New England Environmental Finance Center serves as the pass-through organization for the related SNEP Network, which offers free technical assistance to communities throughout the southeast New England region. For more about EPA’s Southeast New England Program, please visit: https://www.epa.gov/snep. continued on page 21

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Legislative Update continued from page 19

News in Brief •

•

PFML Popular; Rates Going Up. Rising application numbers will cause a 39 percent hike in the program's employer contribution rate in 2024, as PFML enters its third year in existence, according to the Department of Family and Medical Leave (DFML). The new rate will be 0.88 percent of employee wages – a 39 percent increase from the current 0.63 percent rate This reflects a continuing trend for the relatively new program. In fiscal year 2023, the agency saw a 38 percent increase in benefit payments over fiscal 2022. A total of around $1.6 billion in benefits were paid out during PFML's first two years. The DFML expects to see a 20 percent increase in payments in the current fiscal year. Around 3.3 million workers in the Bay State are eligible to participate in PFML, which offers Massachusetts workers paid, job-protected leave to care for newborn or newlyadopted children, ill family members, or to take care of their own illnesses or injuries. Housing Bond Bill Filed; New HousingWorks Program. The Healey-Driscoll Administration filed a $4.2 billion housing bond bill in October. Included within the legislation is $800 million for the Affordable Housing Trust Fund, $425 million for a consolidated Housing Stabilization and Investment Fund, $275 million for sus-

tainable and green housing, $200 million for a "Housing Innovations Fund,", $100 million for a mixed-income housing fund, $100 million for a permanent CommonwealthBuilder program, and other bond appropriations. Of particular note to UCANE members, the legislation includes $175 million for a HousingWorks Infrastructure Program, which will provide new funding for underground utilities and roads that support the development of new housing projects. The legislation, which was referred to the Joint Committee on Housing, can be viewed at: https://malegislature.gov/Bills/193/H4138. •

“Concrete on the Hill”. November 1st saw the Massachusetts Concrete & Aggregate Producers Association (MCAPA) hold an educational event at the State House to highlight a variety of bills encouraging the use of concrete products in construction. A presentation by Mr. Randolph Kirchain, Director of MIT's Concrete Sustainability Hub, was a focal point of the association’s day on Beacon Hill. Among the legislation being supported by MCAPA is Senate Bill 2274, Relative to Lifecycle Costs for Long-term Pavement Solutions, which would require MassDOT to conduct lifecycle comparisons for the use of concrete versus asphalt. The legislation can be viewed at: https://malegislature.gov/Bills/193/S2274. n

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Senator Jason Lewis

(D - Winchester, Fifth Middlesex District) Senator Jason Lewis was born in South Africa and came to the United States with his family when he was 12 years old. Growing up under the racist apartheid system that South Africa had at the time grounded him with a deep sense of social justice from an early age, and he is proud to always stand up for racial, gender, and LGBTQIA+ equity. He attended public schools in New Jersey before moving to Massachusetts to attend Harvard College and then earn an MBA degree from Harvard Business School. Before entering public service, the Senator worked in the software industry for many years helping to grow two software companies that are now part of Dell EMC and Oracle. There are two main issues that first inspired him to run for public office. The first was the fight for marriage equality and continuing to pursue social justice causes. He is proud of Massachusetts for becoming the first state to legalize same-sex marriage. The second was seeing the need for increased support for public education to ensure that every child in Massachusetts has access to high-quality public schools. One of his proudest achievements in the Legislature was leading the effort to pass the Student Opportunity Act in 2019, landmark legislation to ensure adequate and equitable funding for public education.

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, including water, wastewater, and underground utility infrastructure.

Unrestricted local aid to our cities and towns is a very important part of the annual State budget, and is always a priority for me and my colleagues. I’m also pleased that both our state and federal governments have enacted major infrastructure bills to help maintain and improve aging infrastructure, including water and sewer. These efforts are part of our strategy to build a greener, healthier, and more resilient Commonwealth.

Q: A:

What are the biggest challenges for your district and region with regard to continued economic growth?

The biggest challenges to our economic growth in the Greater Boston region are the high housing costs, transportation woes, and labor shortages. I believe the Healey administration and the State legislature understand these challenges and are committed to working hard with all stakeholders to help address them. NOVEMBER, 2023

We also recently passed a major tax relief bill that will help make our state more affordable for working families and seniors, and will help our employers and our economy.

The #InvestinWaterMA campaign, sponsored by UCANE, highlights the importance of water infrastructure to a wide variety of industries. Can you share a sampling of some of the specific industries in your district that benefit from our investments in water infrastructure?

Clean drinking water and reliable water infrastructure is absolutely essential to the residents and businesses in the communities that I represent. We are always interested in growing our existing businesses and attracting new businesses to the area. One industry, in particular, where there continues to be significant growth potential in my district is biotech, including research and development and advanced manufacturing.

As the current Senate Chair of the Joint Committee on Education and the former Senate Chair of the Joint Committee on Labor and Workforce Development, what are your thoughts continued on page 25

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Interview continued from page 23 on how the construction industry can best address the workforce shortage it is facing?

I’m an enthusiastic supporter of vocational and technical education. Students should have the opportunity to build career-ready skills and be guided toward the construction trades if that fits their educational and career goals. I’m excited about the new Northeast Metro Tech high school that is now being built in Wakefield in order to serve students from all the surrounding communities. This state-of-the-art facility will have the capacity to serve many more students who want to pursue careers in the trades. I’m also focused on expanding access to high-quality, affordable early education and child care. This will enable more parents, especially mothers, to enter the workforce or increase the number of hours they are able to work. One particular childcare challenge we need to address that is important to meeting the needs of the construction industry is providing non-standard hours of care, especially in the early morning.

Can you share some of your other priorities for this legislative session?

I’m certainly hopeful that the legislature and Governor Healey will tackle a number of critical issues this legislative session, including: addressing our affordable housing crisis; improving the safety, reliability, and service levels of the MBTA; continuing to tackle the climate crisis and making our communities and infrastructure more resilient; expanding access to high-quality, affordable early education and childcare; and tackling a number of healthcare issues such as high prescription drug costs. n

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8/3/2023 11:06:39 AM

Construction & Public Contracts Group, Hinckley Allen, LLP

Christopher Morog Partner

Robert T. Ferguson Partner

OSHA Developments As you know, the construction industry remains a major target for OSHA inspections and enforcement. Half of OSHA’s Fiscal Year 2022 “Top 10” Violations relate to construction industry standards: OSHA Category, Standard

No. of Violations

1. Fall Protection, Construction (1926.501) 5,915 2. Hazard Communication, General Industry (1910.1200) 2,639 3. Ladders, Construction (1926.1053) 2,449 4. Respiratory Protection, General Industry (1910.134) 2,412 5. Scaffolding, Construction (1926.451) 2,251 6. Lockout/Tagout, General Industry (1910.147) 2,139 7. Powered Industrial Trucks, General Industry (1910.178) 1,896 8. Fall Protection Training, Construction (1926.503) 1,762 9. Eye/Face Protection, Construction (1926.102) 1,572 10. Machine Guarding, General Industry (1910.212) 1,469

OSHA reportedly released its unofficial list of Top 10 Violations for Fiscal Year 2023 during October’s National Safety Conference Congress and Expo. Again, construction industry standards featured prominently: OSHA Category, Standard

No. of Violations

1. Fall Protection, Construction (1926.501) 7,271 3,213 2. Hazard Communication, General Industry (1910.1200) 3. Ladders, Construction (1926.1053) 2,978 4. Scaffolding, Construction (1926.451) 2,859 5. Powered Industrial Trucks, General Industry (1910.178) 2,561 6. Lockout/Tagout, General Industry (1910.147) 2,554 7. Respiratory Protection, General Industry (1910.134) 2,481 8. Fall Protection Training, Construction (1926.503) 2,112 9. Eye/Face Protection, Construction (1926.102) 2,074 10. Machine Guarding, General Industry (1910.212) 1,644 continued on page 25 NOVEMBER, 2023

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Legal Corner continued from page 27

of an inspection. Consultation with competent counsel is recommended, as this is a dynamic area that According to OSHA – even with a slight downturn continues to evolve. in the number of inspections during the height of COFor example, the OSHA civil penalties undergo VID-19 – OSHA averaged approximately 30,000 toannual inflation adjustments. For 2023, the maximum tal inspections per year from 2017 through 2022. On OSHA penalties for serious and other-than-serious average during this period, roughly 56% of OSHA’s violations increased to $15,625 per violation. For willinspections were “unprogrammed.” ful and repeated violations, the maximum penalty is It remains imperative for contractors to remain now $156,259 per violation. vigilant when it comes to employee health and safety. Not only that, OSHA now has more latitude to asPrioritizing employee health and safety is not only the sess “instance-by-instance” violations. “Instance-byright thing to do, it is a business necessity. OSHA instance” refers to OSHA’s ability to enforce safety continues to follow an aggressive enforcement apstandards and issue citations for each individual citaproach. Employers must be careful to ensure that tion. OSHA can use instance-by-instance enforcethey have established appropriate health and safement for “high-gravity serious violations specific to ty plans, properly implement and administer those falls, trenching, machine guarding, respiratory proplans, provide regular training, and keep accurate tection, permit required confined space, lockout taand detailed records. Employers should also take gout, and other-than-serious violations specific to proactive steps so that they are prepared in the event recordkeeping.” Clearly, OSHA is targeting many of the Top 10 Violations as well as recordkeeping requirements. Earlier this year, OSHA also obtained the authority to issue special visa certifications “during its workplace safety investigations” when identifying qualifying criminal activities, such as forced labor, trafficking, and obstruction of justice. OSHA can now issue special visas to “allow victims of specific crimes to help law enforcement detect, investigate, and prosecute crimes without fear of retaliation based on their immigration status.” More recently, in August of 2023, the United States Department of Labor announced a proposed rule designed to revise regulations concerning who can Gorham act as a representative of employees at OSHA workplace inPortland Your source to rent low-hour, spections. Under the proposed late-model Caterpillar equipment rule, employees may authorize Chichester and other leading brands. either: (1) an employee; or (2) a non-employee third-party if the Plaistow OSHA Compliance Officer determines that the third-party is reaMiltonRents.com sonably necessary to conduct an Shrewsbury Chicopee effective and thorough inspecUxbridge (877)Dig-Lift Randolph tion. In this context, third-par(877)344-5438 Plymouth ties are not necessarily limited to industrial hygienists or safety continued on page 31 NOVEMBER, 2023

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Legal Corner continued from page 29 engineers. According to the Federal Register, this proposed rule reflects the fact that OSHA “has preliminarily determined that the proposed changes will aid OSHA’s workplace inspections by better enabling employees to select a representative of their choice to accompany the [OSHA Compliance Safety and Health Officer] during a physical workplace inspection.”

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I n M emoriam

Bradford Scott Cleaves D&C Construction Co., Inc.

e are deeply saddened to announce that Bradford Scott Cleaves, aged 75 passed away on October 21, 2023. Born in Weymouth, Massachusetts Brad is survived by his wife Patricia Latham, his former wife Therese Bilodeau, his son Benjamin, daughter Abigail, her husband Sundip, and his grandchildren, Evelyn and Chander. Brad graduated from Weymouth High School in 1966 and earned an AB in Psychology from Harvard University in 1970. After a brief stint working as an overnight reconciliation clerk at the Bank of New England, he began working in construction. Starting as a laborer, he quickly became a foreman and then a supervisor. In 1985 Brad and two partners founded their own general contracting business D&C Construction.

Despite the extraordinary number of hours spent building the comppany, Brad also found time for many interests, including a deep engagement with music. An accomplished pianist from an early age, he enjoyed few things more than a raucous gathering with friends around a piano. He also enjoyed travel — whether it was an overseas trip, or a short but unadvisable drive down to the nearest beach to gauge the wrath of a Nor’easter. He was also an Eagle Scout, and gained a deep appreciation of the outdoors. A life-long gardener, he always maintained a large vegetable garden. Brad will be sincerely missed for his generosity and wit. The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathies and condolences to Brad’s entire family. n

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Imagine a Day Without Water: Don’t Let Out of Sight be Out of Mind On October 19, UCANE, the American Council for Engineering Companies, Massachusetts (ACECMA),- and the Massachusetts Water Works Association (MWWA) sent the Massachusetts legislature a joint letter in support of “Imagine a Day Without Water”. The letter, sent on behalf of the leadership of the Water Infrastructure Alliance, was preceded by social media posts from a wide range of organizations highlighting the importance of the Commonwealth’s water infrastructure system. “Imagine a Day Without Water” is a national day of action where people and organizations across the country unite in efforts to educate communities about our nation’s water systems and advocate for investment to keep our taps flowing. The national campaign mirrors key themes of UCANE’s own #InvestInWaterMA campaign. Water, a seemingly accessible resource, plays a significant role in our lives. However the infrastructure needed to deliver water to our homes and businesses is often out of sight and therefore out of mind. You wake up, shower, make your coffee, clean your car, feed your family, flush the toilet, and wash your laundry. But have you thought about where your water comes from or where your wastewater goes? Many of our nation’s water systems are more than a century old and have been deteriorating for years. Decades of chronic underinvestment in our aging water infrastructure paired with an increasingly disruptive and volatile climate have kept over two million Americans from accessing safe and reliable drinking water and wastewater services. While everyone deals with our aging infrastructure, environmental justice communities and lower-income communities are often hit the hardest. As noted in the aforementioned joint letter to the Massachusetts legislature, “whether increasing the appropriation to the Commonwealth’s contract assistance line-item (1599-0093), supporting water technology innovation to address PFAS and other contaminants, or otherwise dedicating new revenue to meet our $21 billion funding gap, we must continue our forward progress.” As it often does, the leader-

NOVEMBER, 2023

ship of the Water Infrastructure Alliance urged the Massachusetts legislature to work in partnership to develop water infrastructure solutions that address our local communities’ needs as it contemplates its fall schedule. For its part, the Massachusetts legislature has been a great partner in funding water infrastructure projects through the state’s allocation of ARPA funds, funding the contract assistance lineitem, and increasing funding for programs like MassWorks, among other actions. According to the 2023 Value of Water Index, ensuring a reliable supply of water remains a top concern for voters. Further, voter support for federal investment in water infrastructure remains high, with 77% support for the Bipartisan Infrastructure Law. Water investment also offers an opportunity for economic growth—another top voter issue. Investment in water infrastructure includes investment in the people who provide drinking water and wastewater services, from underground water main repairs to functioning fire hydrants. And if the United States closes its water infrastructure investment gap, hundreds of thousands of new jobs will become available over the next few decades alone. Water is the lifeline of our communities. More attention to, and investment in water, will result in healthier communities in every sense. Given the bipartisan support for providing reliable water and growing the economy, progress on these issues is within reach. Massachusetts is a leader on so many different fronts – whether in health care, education or biotech. To keep growing and develop new areas of leadership, we need to remember to #InvestInWaterMA! n

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An Interview with Robert Faley Director of Public Works Town of Chatham, MA Will you please provide us with some insight into your education, past experience, and history that led you into your current position? I have dedicated my career to public service, and I have over 30 years of experience in design, construction, and maintenance supported by degrees in Architecture and Sustainable Business Management. I spent over 10 years in New York working as an E.I.T./engineer for county government. I spent over 20 years in Vermont working for the DOT as a project supervisor in project development, and as a project manager and regional administrator in operations and maintenance. I also spent 10 of those years as a freelance consultant for various engineers and architects in the design realm. I have a background in residential construction and have always enjoyed working with my hands. I feel that my roles and responsibilities working for different organizations and in different capacities have prepared me well for the breadth of knowledge required in my current position. I joined the Town of Chatham as Director of Public Works in March 2023. Please give us a brief description of Chatham regarding population, area, responsibilities under the Department of Public Works, and some statistics on current infrastructure that your department maintains within the Town? Chatham is a small coastal town with a long fishing history. It is surrounded on three sides by water: Nantucket Sound on the south, NOVEMBER, 2023

the Atlantic Ocean on the east, and Pleasant Bay on the north. Our only bordering neighbor is the Town of Harwich. Chatham has a year-round population of 6,500 that grows to over 30,000 in the summer. Thousands of other daily visitors come to Chatham in the summer for its beaches, shops, and restaurants. Chatham’s DPW is responsible for Highways, Facilities, Parks and Grounds, Cemeteries, Transfer Station, Water, and Sewer Divisions. With a land area of just over 24 square miles, Chatham has 70 miles of public road and 26 acres of town grounds including six public parks, two schools, and various public building properties that the DPW maintains. Our department also takes care of four active, and 11 inactive, cemeteries throughout the town. There are 30 hard-working and dedicated employees that help keep the town’s DPW running in all seasons. Operation of our Water and Sewer Divisions are under contracted services. continued on page 39

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Public Works Pipeline continued from page 37 As a beautiful coastal Cape Cod community, what affect does seasonal tourism have on the Chatham DPW operations? Seasonal tourism has a tremendous impact on Chatham. Financially, it’s what helps keep Chatham thriving throughout the year. There are detrimental impacts as well, including parking issues in the downtown area and increased vehicle traffic. It’s the volume of traffic that causes road construction to cease from Memorial Day to Labor Day. There are also impacts from water usage and a septage receiving perspective. Chatham’s in-

frastructure needs to accommodate the highest flows anticipated from the busy summer season. In addition to summer residents, the influx of vacationers at hotels/motels (combined with shortterm rental houses), not only adds to the strain seen on our potable water supply and sewer capacity but also impacts the nitrogen loading of our waters and the health of our beaches. Chatham has been actively working on a phased approach to eliminating septic systems throughout the Town since 2012. Please provide us with some details as to the progress the town has made on creating a new system of sewers, and what the long-term goals are regarding wastewater management?

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Chatham received approval from MassDEP in 2009 for a Comprehensive Wastewater Management Plan. Under this proposal, the entire town would be sewered over a 30year period covering over 90 different sewer-shed areas. Phase 1 would cover around 2/3 of the town and be completed within the first 20 years. We are currently a little less than halfway through Phase 1 and continue to design, expand, and modify the sewer system as needed to meet our Phase 1 goals. Phase 1 also has a strong focus on removing nitrogen from impaired watersheds. As Phase 1 moves ahead and nitrogen data becomes available, we are developing future contract work. Phase 2 would cover the last 1/3 of the town and will occur in the final 10 years of our Management Plan. Chatham has recently applied for funding for water and sewer improvements through MassDEP’s SRF loan program. Will you please provide us with an update on those applications, and are there some infrastructure

continued on page 40

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Public Works Pipeline continued from page 39 projects planned for 2024 that UCANE contractors might be interested in bidding? Chatham has applied for, and received, SRF loans for the latest round of sewer projects. In September and October 2023, we opened bids for three different projects related to continuing the expansion of Phase 1 Sewer work, pump station expansion, and upgrades. Those projects totaled $16.7 million and the three apparent low bidders are all UCANE contractors. We also have a biosolids project that will be going out to bid in early 2024 in the form of a new belt filter press at our wastewater treatment plant. Other work included under SRF funding is water treatment at two of our wells. This project will use green sand filters to remove iron and manganese and granular activated carbon to remove PFAS contamination. These wells are needed to help contribute to our overall potable water goals and to meet the demands of the summer season. This project is scheduled to bid in early 2024 with an estimated value of $19 million. n

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UCANE’s Online Scholarship Auction Bidding Begins November 15 and Ends December 13, 2023

For more info go to UCANE.com Our members’ commitment to our Scholarship Program begins when our Association holds its Annual Scholarship Auction. It is through the generosity of members who donate cash and auction items, and those who bid for items online, that money is raised for our scholarships... all this to make certain that our Scholarship Program continues.

J. A. Polito & Sons, Inc. approaches 75th Anniversary Shrewsbury Based Utility Contractor Credits Company Success to Placing Quality above Quantity.

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Company Beginnings In 1949 Joe Polito, Sr. was a 37 yearold-young man who grew up in Worcester, Massachusetts working in the construction business. America was in a building boom post WW2. Married with two young boys, Joe, along with his wife Lena, decided to try the construction business for themselves. Equipped with a used government surplus International TD-18 bulldozer, a wheelbarrow, and a few hand shovels, Joe and Lena started up J. A. Polito & Sons, Inc. At 22,000 lbs., the TD-18 was a good-sized dozer for the period, and Joe was soon putting it to work at development sites in the Worcester area. It didn’t take Joe long to see that the public works arena had better opportunities, and it was a market where he could be a small general contractor with more control of his own destiny. By the early ‘50s, Joe added a Bucyrus Erie 22B excavator and a Michigan

straight frame loader equipped with a *WainRoy backhoe attachment to his fleet and began bidding on water main installations in Worcester and nearby towns. Throughout the 1950s, J. A. Polito’s fleet was converting from that of a site developer to that of a utility contractor, and his reputation was growing as a dependable public works contractor. Joe’s crews were proficient at installing water and sewer lines in municipal streets, and the Polito logo was becoming a familiar sight in downtown Worcester. * Conveniently located next to Worcester, the Wain-Roy Corporation in Hubbardston, MA is credited with producing the industry’s first backhoe attachment in 1947. Several other manufacturers entered the attachment business during that time, providing loader and excavator attachments to be installed on tractors and bulldozers. It wasn’t until 1957 that a fully integrated “Backhoe-Loader” was produced in the USA by J.I. Case Corporation of Racine, Wisconsin. It revolutionized the utility construction business. continued on page 44

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J. A. Polito & Sons Inc. continued from page 43

The Second Generation Joe Polito, Sr. exposed his two sons, Francis and Joe, Jr. to the business at an early age. For both of them their high school weekends and summers were spent with either a grease gun or a shovel in their hands. Both boys joined the family business right out of high school and within a few years both Joe, Jr. and Francis, (Franny), were proficiently driving 10-wheel dump trucks and operating backhoes and excavators. Franny was soon helping his father bid the jobs and furthered his education with an Associate’s Degree in Civil Engineering and Business from Clark University. Joe, Jr. came into the business in 1961 and found his calling in the field operations side of the business, and was soon running a pipe crew on his own. Joe, Sr. made his sons partners in the business when they each turned 21. He hoped that ownership and the potential for profit would give an extra push to his already motivated sons, and he was correct! By 1970 the business was sailing along smoothly, Franny was named company president, and Joe, Sr. was stepping back a bit from the day-today operations and spending more time in an advisory role. Throughout the ‘60s and ‘70s, J. A. Polito & Sons, Inc. was formidable competition in Central Massachusetts when it came to competing for public works projects, especially water and sewer pipelines. They had the excavators and heavy equipment, the experienced crews, and the local knowledge required to win bids. They typically ran two, and sometimes three crews and they could handle their own ledge blasting. After the arrival of the Clean Water Act in 1972, sewer work in New England saw tremendous growth. Like many Massachusetts contractors at the time, Polito ramped up their operations in order to pursue the work. Formerly choosing to work in the Worcester area, Franny and Joe, Jr. now chose to travel further and tackle deeper and more challenging projects. Throughout the late ‘70s and ‘80s they performed some of the early interceptor sewer projects in New Hampshire and Eastern Massachusetts. The interceptor projects involved large diameter pipes, mostly precast concrete, and usually followed along rivers and lower elevations in the towns. They were usually deep cuts with lots of dewatering and blasting required. They required the largest excavators, plenty of trucks, massive steel trench boxes, and heavy plates. Polito met the challenge, and at their peak in the mid-‘80s fielded seven finely tuned and fully equipped main-line pipe crews. According to Franny Polito (who still gets up early every day and continues to manage Polito Development Corp.), “My brother Joe and I completed some pretty large and risky pipe projects “back in the day.” I remember doing 20 miles of sewer and four miles of water on

Kenny Polito (L) with his father Fran Polito and his son Frankie Polito a single job in Concord, NH. We completed it ahead of schedule. Same with an MWRA job in Rutland, MA where we did nine miles of 30” and 36” sewer interceptor. Half of the route was swamp and the rest was rock!” In the mid ‘80s, the company also successfully completed several river crossings near Lake Winnipesaukee that included sewer pipe up to 72” in diameter. For that difficult project the company was honored with awards from the New England Chapter of the American Public Works Association and another from the American Society of Civil Engineers. In 1986 Franny’s son, Kenny, joined the company fulltime after graduating from Nichols College. At about the same time, the company decided to downsize the construction operations a bit to reduce risk, and Franny began to test the waters in Real Estate Development. The company owned several parcels of land in Shrewsbury, MA that they developed, some into residential housing, and some into commercial lease space. The building projects worked out well and turned out to be a good way to offset some of the high risks that comes with heavy civil construction. By 1990, Franny was spending most of his time running Polito Development Corp., and his brother Joe had decided to step out of the family business. Kenny assumed the leadership role in the construction business and proved to be a quick-study in learning the ropes.

Third Generation: Kenny Polito Steps In Like his father and uncle before him, Kenny grew up around construction equipment, got his CDL Drivers license, and was plowing snow with the company while still in high

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NOVEMBER, 2023

school. During college summers, you could find Kenny on one of the Polito jobsites. After graduation from Nichols College in 1986, Kenny began working full-time with the company and started doing construction layout and grades, and gradually became an excavator operator and a foreman. With the recent downsizing, the company wasn’t pursuing the larger projects, but began to focus instead on mid-size projects and a bit more on tight management and work quality. That turned out to be a good move. As the industry saw an economic downturn in the early ‘90s, Polito still competed hard for local public works jobs, but they also diversified by competing for some private work opportunities, and they even had Polito Development creating a few site jobs. In 1992, at age 28, Kenny Polito took over the role of president of J. A. Polito & Sons, Inc. His father was enjoying his new career in Real Estate Development and had just hired Kenny’s sister (*Karyn Polito), who had recently graduated from Boston College and New England Law to work for him. * Karyn Polito worked with her father at Polito Development after college but soon became interested in public service. In the ‘90s she was a Shrewsbury Town Meeting Member, a member of the Zoning Board of Appeals, and was elected a Shrewsbury Selectwoman from 199598. In 2001, she was elected State Representative for Worcester’s 11th District where she served for 10 years. In 2014, Karyn ran for Republican Lieutenant Governor in Massachusetts alongside Governor Candidate Charlie Baker. The Baker/Polito team was victorious and was reelected again in 2018 where they served a second 4-year term before both stepping down in 2022. As a young man in the 1990s, Kenny Polito loved being in the construction business, as he soaked up the knowledge from his father and some of the key employees that had been with Polito & Sons for years. He especially recalls field Superintendent Al D’Onfro, who he calls his true mentor. The company’s ability to both diver-

sify by being able to bid both private and public jobs and the downsizing worked well for the company and continues to be the preferred model for Kenny, who considers himself a “hands-on” owner. “I like being on the jobsite,” says Kenny. “I know everything that goes on in the company every day. I take personal pride in every project we build. My employees are like family to me and if someone doesn’t exhibit that same pride, they don’t work with me.” Over the past 30 years, Kenny Polito has run a successful and well-respected operation, continuing to do a lot of local work, but still taking occasional trips to New Hampshire or even Cape Cod when opportunities looked good. The same diet of public and private utility work, with an occasional site or road job thrown in, has fared the company well. After competing for so many years in the heavy construction business, Kenny and his company have completed underground and horizontal projects of all types and degrees of difficulty. Kenny is careful to limit the risk for his business by preferring to do multiple smaller jobs rather than one large job, and by keeping his volume at a manageable level. Today he is more concerned with the quality of the work rather than the quantity of the work. But eliminating risk in underground work is easier said than done, and the company is always prepared for surprises that can suddenly show up. A couple of recent jobs that tested the company’s abilities include: 1. Exeter, NH – Contract No.2 – $3 million: 4,000 ft. of dual 16” HDPE Sewer Force Main and 5,000 ft. of new 12” HDPE water main; Extensive temporary bypassing in urban streets for both water and sewer; long pipe sections (40 ft.) requiring multiple boxes and temporary shoring; traffic control and some night work. 2. Fitchburg, MA – Sewer Separation Contract No.21-04 – $8 million: Work includes 8,000 ft. of PVC and Ductile Iron Sewers, 3,000 ft. of new drains; 89 mancontinued on page 47

20-foot deep sewer construction in Fitchburg, MA

Sitework for PFAS Project in Kingston, MA

NOVEMBER, 2023

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J. A. Polito & Sons Inc. continued from page 45 holes; 18 doghouse manholes; 15,000 ft. of in-place lining of live sewers, multiple point repairs and decommissioning of three overflow structures to eliminate discharges into the North Nashua River. “My crews and my management people really came through for me on those two jobs,” said Kenny. “They were tough ones, but they fortified my own confidence, and my team’s confidence, that we can still rise to the occasion whenever it’s called for!” Today J. A. Polito & Sons, Inc. maintains about 25 employees. They run a couple of pipe crews and a third crew to handle sitework and assisting with service connections, cleanup, or paving. They maintain a full-service garage in Shrewsbury to maintain 40 pieces of heavy equipment (favoring mostly CAT) along with multiple 10-wheel dump trucks and trailers (mostly Mack). Typical annual revenues are $10 million-$15 million with jobs in the $6 million-$8 million range being most attractive. They still can do their own blasting when called for and the company maintains MassDOT certification. Polito’s management team includes Peter Courtney, Project Engineer, Wayne Lopriore, Field Superintendent, and Tammy Connors, Office Manager. “Tammy has been with me since 2000,” smiles Kenny. “Between handling our payrolls, our registrations, our insurance, and countless other business paperwork, she does it all and with a great attitude. This place would be upside-down without Tammy.”

Looking Ahead J. A. Polito & Sons, Inc. looks well positioned to continue their success. Kenny is still excited about the business and optimistic about the company’s future. His son Francis (named after his grandfather) is currently a Senior at Worcester Polytech studying Civil Engineering. He is Middle Linebacker on the Worcester Polytech football team, and recently completed a short internship with Weston and Sampson Engineers. Kenny and his wife Irene have always supported their son and his two older sisters (Lena and Gianna) as they furthered their education, always knowing that it would be up to each child to ultimately decide what career was best for each of them. The two girls (at least for the short term) have recently chosen business careers. Francis will be graduating from college in May, and has recently told his father that he wants to start working full time with the company.

Special Granite Curbing being installed in downtown Fitchburg “I am so happy that my son Frankie wants to join me in the business,’’ said a beaming Kenny Polito. “I might be jumping the gun a little, but the odds of J. A. Polito & Sons, Inc. going to a fourth generation just went up substantially!”

UCANE Affiliation J. A. Polito & Sons, Inc. joined UCANE in 1977. Franny Polito saw the importance of having a unified industry voice as the Clean Water Act was creating larger projects, seeing funding work at record levels, and creating what turned out to be generations of work for water and sewer contractors. Franny served on several UCANE committees and was elected to its Board of Directors. The Association honored Franny for his contributions to the industry by presenting him with the 1989 Contractor Member of the Year Award. Forty-six years later, J. A. Polito & Sons, Inc. is still a UCANE member. “Like my father and my uncle before me, I believe it is important to belong to an association that fights for funding of public works projects and that keeps me informed about everything going on in the state that might affect my livelihood,” says Kenny Polito. “I support the Association and appreciate everything they do for me and my company.”

UCANE is proud to represent J. A. Polito & Sons, Inc. as a contractor member for 46 years! We congratulate the company as they approach their 75th Anniversary and we wish the entire Polito family many more years of continued success in all of their ventures! n

NOVEMBER, 2023

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Massachusetts Clean Water Trust Board of Trustees Members Approved $42,403,554 in New Loans and Grants at its October Meeting BOSTON – The Massachusetts Clean Water Trust’s (the Trust) Board of Trustees approved $42,403,554 in new low-interest loans and grants at its meeting on October 11, 2023. Below is information on the grants and loans approved at the meeting.The Trust, in collaboration with the Massachusetts Department of Environmental Protection (MassDEP), helps communities build or replace water infrastructure that enhances ground and surface water resources, ensures the safety of drinking water, protects public health and develops resilient communities. It accomplishes these objectives by providing low-interest loans and grants to cities, towns and water utilities through the Massachusetts State Revolving Funds (SRFs). The SRF programs are partnerships between the United States Environmental Protection Agency and the Commonwealth of Massachusetts. SRFs function like an environmental infrastructure bank by financing water infrastructure projects in cities and towns across the Commonwealth. Clean Water Projects Borrower Loan No. Amount Barnstable CWP-20-23-B $850,000 Barnstable CWP-22-65 $11,000,000 New Bedford CW-22-73 $1,621,200 New Bedford CWP-22-66 CWP-22-66A $2,355,344 Total $15,826,544

Project Title Interest Rate Strawberry Hill Road Sewer Expansion 1.5% Wastewater Pump Station Replacement Project 1.5% Phase 3 Illicit Connection Identification Program 2% Wastewater Collection System Improvements

Drinking Water Projects Borrower Loan No. Amount Barnstable DW-20-16-A $32,300 New Bedford DWPLC-22-47 $18,412,748 Somerville DWPLC-23-42 $1,926,577 Winthrop DWP-22-34 $1,903,750 Total $22,275,375

Project Title Interest Rate Wells Treatment Pilots, Conceptual Plans, & Layouts 0% Lead Service Line Replacement 0% Lead Service Line Replacement- Phase 3 0% Revere Street PRV Station Improvements 2%

Community Septic Management Program Borrower Nantucket

Loan No. CWT-23-07

NOVEMBER, 2023

Amount $2,000,000

Interest Rate 2%

continued on page 50

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MA Clean Water Trust continued from page 49 Asset Management Planning Grants Grantee Grant No. Award Dudley CWA-23-08 $111,000 Easton CWA-23-10 $81,825 Marion DWA-23-10 $33,000 Total $225,825

Lead Service Line Planning Grants

Grantee Grant No. Award Aquarion Water Company (AWC) Dover DWL-23-95 $127,000 AWC Millbury DWL-23-99 $168,000 AWC Plymouth DWL-23-100 $128,000 AWC Sheffield DWL-23-98 $130,400 Bellingham DWL-23-104 $131,000 Belmont DWL-23-102 $96,400 Hopkinton DWL-23-96 $127,510 Longmeadow DWL-23-109 $191,000 North Adams DWL-23-101 $204,000 Saugus DWL-23-97 $250,000 DWL-23-108 $171,700 Uxbridge Wakefield DWL-23-106 $198,800 DWL-23-91 $119,000 Williamstown Total $2,042,810

School Water Improvement Grants (SWIG) School District Grant No. Fixtures Award SWIG-23-09 10 $30,000 Taunton Public Schools SWIG-23-10 1 $3,000 Temple Israel of Natick Total $33,00

For More Information

For more information on our different loan programs, please visit the Programs page at https://www. mass.gov/programs and for more information on our Loan Forgiveness Program, please visit https:// www.mass.gov/info-details/the-disadvantaged-community-program#loan-forgiveness-. To learn about past meetings or to find project descriptions, please visit: https://www.mass.gov/service-details/2023board-of-trustees-meeting-information. For information on how to apply for an SRF loan, please visit MassDEP’s website at https://www.mass.gov/lists/state-revolving-fund-applications-forms n

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Patrick W. Saltmarsh Tim Hunt, CHST Dir. of Envt’l, Safety Health and Safety Corporate Director W. J. L. Derenzo French Excavating Corp. Companies

The Interplay of Mental Health and Workplace Safety In pursuing a safe and productive workplace, we often emphasize physical safety measures such as protective gear, ergonomic designs, and safety protocols. While these are undoubtedly crucial, there's another vital aspect of safety that is sometimes overlooked: mental health. A mentally healthy workforce is not just a more contented one but also a safer one.

he relationship between mental health and workplace safety is a symbiotic one. Employees with sound mental health are better equipped to maintain physical safety. Conversely, workplace safety practices and a supportive environment can significantly impact the mental well-being of employees. • Stress and Decision-Making: In a high-stress environment, individuals may make hasty decisions that compromise their safety. Chronic stress can impair judgment, reaction time, and risk perception. Therefore, addressing workplace stress is pivotal for physical safety. • Fatigue and Accidents: Fatigue from long work hours or sleep deprivation can lead to accidents. A well-rested employee is more alert and less prone to making mistakes that might jeopardize safety. • Safety Culture: An organization’s safety culture, which encompasses attitudes, beliefs, and practices related to safety, significantly influences employees’ mental health. A positive safety culture fosters a sense of security and belonging, contributing to good mental health. • Stigma and Reporting: A culture of silence around mental health issues can discourage employees from reporting problems or concerns, including unsafe work conditions. Breaking the stigma around mental health is vital to create an open reporting environment.

affects workplace productivity. Employees facing mental health challenges may experience reduced concentration, low motivation, absenteeism, and presenteeism (working while unwell). When these factors are combined, it can result in decreased productivity and increased costs for employers. Addressing mental health issues in the workplace isn't just about altruism; it's a strategic investment. Studies have consistently shown that organizations with comprehensive mental health programs experience a return on investment through increased productivity, reduced absenteeism, and improved employee retention.To create a safer and mentally healthier workplace, organizations must adopt a comprehensive approach. • Promote Mental Health Awareness: Launch awareness campaigns and training programs

Beyond safety, mental health also profoundly

continued on page 52

NOVEMBER, 2023

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Safety Corner continued from page 51

•

Remove barriers to seeking help, such as cost or time constraints. • Monitor Progress: Continuously evaluate the effectiveness of mental health and safety programs and adjust as needed. Collect feedback from employees to gauge the impact on their well-being. A focus on mental health is indispensable for ensuring workplace safety and productivity. A comprehensive approach that combines mental health awareness, support programs, safety culture, and work-life balance measures can create an environment in which employees are not only safer but also more engaged and satisfied. By recognizing the integral connection between mental health and workplace safety, we can fosArea of well-being and security in the terBoston a culture Locations modern workplace. n

that educate employees about mental health, the signs of common mental health issues, and how to seek help. This knowledge reduces stigma and encourages early intervention. Offer Employee Assistance Programs (EAPs): EAPs provide confidential counseling and support services to employees facing personal or work-related challenges. These programs can be a lifeline for individuals struggling with mental health issues. Build a Positive Safety Culture: Instill a culture where safety is paramount, and employees feel comfortable reporting concerns. Recognize and reward safety-conscious behaviors and ensure that management leads by example in adhering to safety protocols. Manage Workload and Work2 Dexter Street Life Balance: Address excesMA 02149 Everett, sive workloads and ensure emBoston Area Boston Area ployees have opportunities for Locations Locations 431 Second Street adequate work-life balance. EnEverett, MA 02149 courage breaks and rest to pre2 Dexter Street 2 Dexter Street vent burnout and exhaustion. Everett, MA 02149 Everett, MA 02149 Provide Training on Stress Management: Offer training 431 Second Street 431 Second Street on stress management, resilEverett, MA 02149 Everett, MA 02149 ience, and coping strategies. BOSTON AREA LOCATIONS This equips employees with the 100 Fremont Street 2 Dexter Street 431 Second Street Worcester, MA 01603 tools to handle stress and anxiEverett, MA 02149 Everett, MA 02149 ety effectively, reducing the risk of mental health issues. Implement Flexible Work Arrangements: Where possible, provide flexible work arrangements, such as telecommuting or flexible hours. These options can help employees balance work and personal life, reducing stress. Minichiello Bros./Scrap-It, Inc., Train Mental Health First Aid: Minichiello Bros./Scrap-It, Inc. select employees in mental Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, health first aid, enabling them buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained to provide initial support the to colremained the same - to in provide the best along prices in thetop industry along with same - tohas provide the best prices the industry with notch leagues experiencing mental top notch service! Fred Rogers at 617-595-5505 customer service! Callcustomer Fred Rogers at Call 617-595-5505 health crises. Minichiello Bros./Scrap-It, Inc., Minichiello Bros./Scrap-It, Inc., Regular Mental Health AsServes over 2500 customers a week and is one New England's largest buyers, sessments: Incorporate regular sellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers mental health assessments into the same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has remain workplace health programs. Thisservice! Call Fred Rogers at 617-595-5505 customer the same - to provide the best prices in the industry along with top notch can help identify issues early and customer service! Call Fred Rogers at 617-595-5505 guide appropriate interventions. Access to Professional Help: Ensure employees can Turn your metal into money today! access professional mental Turn your metal into money today! health support through health Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. insurance or direct services.

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Christopher Clark

World Insurance Associates, Inc.

Data Spotlight: Cyber Losses in Construction Are on the Rise Cyberattacks are increasing in the construction industry. These attacks can shut down business operations, cause reputational damage and result in costly litigation and fines. Review the following article for an overview of the primary cyberthreats Cyber Losses in Construction Are on the Rise impacting construction organizations, according to Advisen data, as well as an outline of associated risk mitigation strategies. CyberaGacks are increasing in the construc(on Background industry. These aGacks can shut down business opera(ons, cause reputa(onal damage and resulttarget in The construction industry is an appealing li(ga(on and fines. for costly cybercriminals. This is due to a number of factors, including: Review the following ar(cle for an overview of the • primary cyber preparedness—The Reduced cyberthreats impac(ng construc(on construction sector remains unregulated with reorganiza(ons, accordinglargely to Advisen data, as well as an gard to cybersecurity and privacy. As a result, outline of associated risk mi(ga(on strategies. cyber preparedness hasn’t been prioritized by many in the industry. In fact, according to an IBM Background study, 74% of construction organizations aren’t The construc(on industry is an appealing target for prepared for a cyberattack. cybercriminals. This is due to a number of factors, • including: More desirable data—Construction firms store large amounts of sensitive business data and making themconstruc(on lucrative tar•personal Reducedinformation, cyber preparedness—The gets for cybercriminals. If this datawith is improperly sector remains largely unregulated regard to accessed, it may damage, cybersecurity andresult privacy.inAsreputational a result, cyber regulatory fineshasn’t and related lawsuits.by many in preparedness been priori(zed the industry.adoption In fact, according to an IBM study, 74% • Increased of technology—Many construc(on organiza(ons aren’t prepared for a of of the devices used by construction companies to cyberaGack. increase workplace efficiencies (e.g., asset tracking, machine control and worksite security) • More desirable data—Construc(on firms store are vulnerable to cyberattacks. large amounts of sensi(ve business data and • Elevated personalthird-party informa(on, exposures—Construction making them lucra(ve targets companies frequently work with multiple vendors for cybercriminals. If this data is improperly or accessed, third-party contractors, increasing their cyber it may result in reputa(onal damage, exposures. After all, a data breach regulatory fines and related lawsuits. within any

increase occurring in 2020. The decrease incould 2021result is one of these partnered companies in likely due to a data lag and therefore may not be widespread cyber losses. representa(ve of an actual decline in cyber losses.

Cyber Losses in Construction by

The spike in 2020 may be par(ally due to an increase in Accident Year cyberaGacks overall. According to the FBI, cyberaGacks increased 400% in 2020. Advisen data shows cyber losses in the construc-

tion industry have risen since 2010, with the most dramatic increase occurring in 2020. The decrease in 2021 is likely due to a data lag and therefore may not be representative of an actual decline in cyber losses. The spike in 2020 may be partially due to an increase in cyberattacks overall. According to the FBI, cyberattacks increased 400% in 2020. continued on page 54

• Increased adop5on of technology—Many of the NOVEMBER, “BUYcompanies FROM THE IN CONSTRUCTION OUTLOOK” devices2023 used by construc(on to ADVERTISERS increase workplace eﬃciencies (e.g., asset tracking, machine control and worksite security) are vulnerable to

sector. P event in which informa(on is exposed to unauthorized Cyber Losses in Construction Are on the Rise health i par(es. Malicious data breaches and ransomware cyberaG aGacks account for 30% and 10% of the remaining somware account for 30% and 10% of the Insurance Perspective continued from page 53 cyber losses,attacks respec(vely. Notabl Top Cyberthreats CyberaGacks in the construc(on industry mostthe remaining cyber losses, respectively. While ransomware aGacks currently only represent frequently originate from aGacks on company servers, Whilefrequent ransomware currently only repNotable third-most type ofattacks cyber loss in construc(on, CybercriminalsTop use aCyberthreats variety of methods to aGack according to Advisen data. Telephone communica(ons resent the third-most frequent type of cyber loss in Advisen such aGacks are a growing concern. In fact, a recent construc(on enterprises. Here are most to common Cybercriminals use a variety of the methods attack and emails are the secondand third-most frequent construction, such attacks are a growing concern. In construction enterprises. Here are the most common survey found construc(on was the top industry types of cyber losses in construc(on: of survey cyber losses inconstruction the construc(on industry. fact,sources a by recent found was the top • targeted ransomware in 2021. types of cyber losses in construction: industry targeted by ransomware in 2021. Construction Cyber Losses by Type Construction Cyber Losses by Type Construction Losses by Information Targeted Construction Losses by Source Construction Losses by Source

•

Unauthorized contact or disclosure is theismost Unauthorized contact or disclosure the most common type of cyber loss in construc(on, accoun(ng common type of cyber loss in construction, accountfor 44% of recorded losses. These losses include any ing for 44% of recorded losses. These losses include event in which informa(on is exposed to unauthorized any event in which information is exposed to unaupar(es. Malicious data breaches ransomware thorized parties. Malicious data and breaches and ranaGacks account for 30% and 10% of the remaining cyber losses, respec(vely. While ransomware aGacks currently only represent the third-most frequent type of cyber loss in construc(on, such aGacks are a growing concern. In fact, a recent survey found construc(on was the top industry targeted by ransomware in 2021.

Cyberattacks in the construction industry most frequently originate frominforma(on attacks on(e.g., company Personal iden(ﬁable names,servSocial ers,Security according to Advisen data. Telephone communumbers and driver’s license numbers) are nications and emails are the second- and third-most targeted in 60% of cyberaGacks in the construc(on frequent sources of cyber losses in the construction sector. Personal ﬁnancial informa(on and personal industry. health informa(on are targeted in 36% and 4% of continued on page 55

Betwee and ass millions

cyberaGacks in the industry, respec(vely.

Notable Losses LARGEcyberaGacks RESOURCES. on LOCAL RELATIONSHIPS. Notable construc(on enterprises in Advisen’s database include:

Bird Construc5on—In 2019, Bird Construc(on was allegedly targeted by MAZE cybercriminals. The hackers stole 60 gigabytes of data, including Construction Losses by Source Social Security numbers, banking details, names, email addresses and health informa(on. Let us review your programs and recommend improvements to ensure you are fully • Bouygues Construc5on—In 2020, protected should the unexpected happen. cybercriminals allegedly breached the server of Bouygues Construc(on. As a result, the en(re COMMERCIAL INSURANCE & BONDS RISK MANAGEMENT SOLUTIONS company network was shut down. The • All forms of liability and property coverages • Employee and executive benefits cybercriminals allegedly stole 200 gigabytes of • Bonds including Express Bond Program • Retirement planning services data and demanded a $10 million ransom. • Competitive terms • Investment advisory services •

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• Private wealth management Between response costs, poten(al ransom payments • Personal and high-net-worth portfolios

and associated ﬁnes, cyberaGacks can quickly cost millions of dollars in damage.

CHRISTOPHER CLARK, PRINCIPAL, CLIENT ADVISOR World Insurance Associates LLC, 50 Prospect Street, Waltham, MA 02453 O 781-642-9000 | D 781-398-9318 | M 508-400-4010 | christopherclark@worldinsurance.com

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worldinsurance.com

NOVEMBER, 2023

ruction Are on the Rise

k mon

un(ng any orized e g

nt the c(on, ent

Insurance Perspective continued from page 54

Construction Losses by Information CyberaGacks in the construc(on industry most frequently originate from aGacks on company servers, Targeted according to Advisen data. Telephone communica(ons Personal identifiable information (e.g., names, and emails are the second- and third-most frequent Social Security numbers and driver’s license numsources of cyber losses in the construc(on industry. bers) are targeted in 60% of cyberattacks in the construction sector. Personal financial information and Construction by Information personal healthLosses information are targeted inTargeted 36% and 4% of cyberattacks in the industry, respectively.

tion was allegedly targeted by MAZE cybercriminals. The hackers stole 60 gigabytes of data, including Social Security numbers, banking details, names, email addresses and health information. • Bouygues Construction—In 2020, cybercriminals allegedly breached the server of Bouygues Construction. As a result, the entire company network was shut down. The cybercriminals allegedly stole 200 gigabytes of data and demanded a $10 million ransom. Between response costs, potential ransom payments, and associated fines, cyberattacks can quickly cost millions of dollars in damage.

Risk Mitigation Strategies

Notable Losses Personal iden(ﬁable informa(on (e.g., names, Social Security numbers and driver’s license numbers) are Notable cyberattacks on construction enterpristargeted in 60% of cyberaGacks in the construc(on es in Advisen’s database include: sector. Personal ﬁnancial informa(on • Bird Construction—In 2019, and Birdpersonal Construchealth informa(on are targeted in 36% and 4% of cyberaGacks in the industry, respec(vely.

Although cyberthreats are prevalent, there are steps construction companies can take to minimize their risks. Here are some strategies for companies to consider: • Conduct training. Educate employees on how to recognize potential cyberattacks. Provide clear instructions for employees to follow if they believe a cyberattack has occurred. • Prioritize supply chain management. Identify continued on page 56

Notable Losses Notable cyberaGacks on construc(on enterprises in Advisen’s database include: •

Bird Construc5on—In 2019, Bird Construc(on was allegedly targeted by MAZE cybercriminals. The hackers stole 60 gigabytes of data, including Social Security numbers, banking details, names, email addresses and health informa(on.

•

Bouygues Construc5on—In 2020, cybercriminals allegedly breached the server of Bouygues Construc(on. As a result, the en(re company network was shut down. The cybercriminals allegedly stole 200 gigabytes of data and demanded a $10 million ransom.

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Insurance Perspective continued from page 55 the risks of working with external organizations. Consider creating legal contracts with contractors and third-party businesses to address cyber risk management. Have a plan. Develop and practice a cyber incident response plan. This should include identifying an internal and external response team, clarifying roles and responsibilities of key team members, and anticipating critical business continuity measures and workplace safety issues. Purchase proper insurance. Speak with a trusted insurance professional to secure sufficient coverage for cyber losses.

•

Conclusion Cyberthreats have become increasingly common among construction enterprises. As such, proper risk mitigation strategies are necessary to reduce the risk of costly cyberattacks. For more information on reducing cyber risks, contact your insurance representative. n

Est. 1926

PROTECTING YOUR ASSETS WHILE YOU BUILD YOUR FUTURE. Insurance & Bonding Professionals Lou Tonry | Commercial Insurance Kris Bibbo | Personal Insurance Kristin Erickson | Bonds

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DigSafe.com or Call 811 Before You Dig It’s smart. It’s free. It’s the law. Follow these steps for a safe excavation: • 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.

• 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.

• In Vermont, notify Dig Safe® at least 48 hours in advance.

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• Notify non-member facility owners.

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Call DGS UCANE COM.indd 1

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1/12/23 1:35 PM

NOVEMBER, 2023

The Life Span of a Construction Hard Hat •

•

Are There any Regulations that Address Hard Hat Expiration? Not from the Occupational Safety and Health Administration (OSHA). There's no such thing as an "OSHA hard hat expiration date." However, employers are required to provide "reliable" protection for their workers. Following manufacturers' recommendations is the best way to demonstrate this compliance. Do Manufacturers Provide Hard Hat Expiration Dates? Most recommend retiring protective hard hats eventually and specify either a service life (years in use) or a shelf life (years since it was manufactured). Service life is often, but not always, five years for the shell and one year for the suspension. Wear, tear, and impact can shorten hard hat lifespan significantly. Some visible signs of hard hat damage, such as cracks, dents, or holes, are easy to see and are obvious reasons to remove the hard hat from service. But even scores or scuffs on the surface might signal that it’s time to retire it.

Life Span of a Construction Safety Helmet • •

•

Every Safety Helmet Manufacturer has a recommended time frame for replacement or, in some cases, to be sent out for reconditioning. Time frames can vary based on manufacturer and Class of the helmet. Some manufacturers offer limited warranties on the helmets Most helmets have an ANSI Rating and typically have an in-use life of up to 5 years from the date of issue to the user (i.e. removal from storage). It is recommended that after 5 years use the helmet be retired. Excessive wear & tear and use in extreme environments can considerably reduce the life span of the product. The webbing inside the helmet is typically fixed in place and usually only replaceable during a manufacturer’s reconditioning.The webbing and chin straps should be inspected frequently to look for any tears or damage.

How to Decode a Hard Hat or Safety Helmet Date Code To determine the specific replacement date for your hard hat, you’ll need to reference the date of manufacture (usually located on the interior of the helmet). Though the date code may be marked in a variety of ways, it is most common for manufacturers to use a date wheel. These clock-looking codes are universal across all hard hats and safety helmets, with the number in the middle signaling the year of manufacture and the arrow pointing to the number signaling the month. continued on page 58 NOVEMBER, 2023

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Safety Helmets continued from page 57

• •

The manufacture date of all hard hats can be determined using the date code stamped on the underside of the brim. The number in the middle of the circle is the production year, with the arrow pointing to the specific month.

TYPE 1 = Tested for Top Impact Only TYPE 2 = Tested for both Top and Lateral Impact n

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

NOVEMBER, 2023

Today’s Best Practices toToday’s ProtectBest Against Practices Job Site Theft to Protect Against

Stay up-to-date on theft trends and learn how to prevent theft on construction sites.

Job Site Theft

Stay up-to-date on theft trends and learn how to prevent theft on construction sites.

In construction, time and money are at a premium. Losing out on one or the other can derail an entire project and lead to bigger losses down the line. In construction, time and money are at a premium. Losingtoout onand one money or the other can derail an entire Threats time in construction project and lead to bigger losses down the line.

can come from anywhere, but thefts top the chart, accounting for the most losses Threats to time and money in overall construction in construction compared with other risks, can come from anywhere, but thefts top thelike vandalism, fire damage, and collision. so chart, accounting for the most overall It’s losses common that experts attribute staggering $1 in construction compared withaother risks, like billion in construction industry losses to vandalism, fire damage, and collision. It’stheft so common each year. that experts attribute a staggering $1

billion in construction industry losses to theft While construction theft isn’t new, the risk it poses each year.

has exploded in recent years. Because of the While construction theft isn’t new, the risk ittoday’s poses building boom and inflated building prices, has exploded in recent years. Because of the contractors are taking the brunt of that risk. building boom and inflated building prices, today’s contractors are taking the brunt of that risk.

NOVEMBER, 2023

In Denver, CO, the industry saw a 36% increase in construction site thefts in the first half of 2022 compared to 2021. It’s not just a big city thing, In Denver, CO, the industry saw a 36% increase though. Contractors all over have reported an in construction site thefts in the first half of 2022 increase in thefts in 2022. compared to 2021. It’s not just a big city thing, though. Contractors all over have reported an This increased risk means staying up-to-date increase in thefts in 2022.

on construction crime trends and updating theft protection measures is more important than ever. This increased risk means staying up-to-date on construction crime trends and updating theft protection measures is more important than ever.

Experts attribute a staggering $1 billion in Experts attribute a construction industry staggering $1 billion in losses to theft each construction industry year.

losses to theft each year.continued on page 61

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COMMON CONSTRUCTION SITE THEFT TARGETS CONSTRUCTION SITE THEFT TARGETS Construction sites double as a59 storage site for valuable tools and materials, but often the Job Site TheftCOMMON continued from page COMMON CONSTRUCTION SITE THEFT TARGETS security of outdoor sites isn’t enough to prevent thieves from helping themselves. Construction sites double as a storage site for valuable tools and materials, but often the Construction sites double CONSTRUCTION as a storage site for valuable tools and TARGETS materials, but often the COMMON SITEfrom THEFT security of outdoor sites isn’t enough to prevent thieves helping themselves. Although job sites are home to thousands of toolsthieves and materials, criminals target some security of outdoor sites isn’t to prevent from themselves. Construction sites double as a enough storage site for valuable tools andhelping materials, but often the items more often than others.to thousands of tools and materials, criminals target some Although job sites are home security ofjob outdoor isn’t enough to prevent thieves helpingcriminals themselves. Although sites sites are home to thousands of tools andfrom materials, target some items more often than others. items more others. Although joboften sitesthan are home to thousands of tools and materials, criminals target some are the top three most frequently stolen items from construction sites. itemsBelow more often than others.

Below are the top three most frequently stolen items from construction sites. Below are the top three most frequently stolen items from construction sites. Tools are the top three most frequently stolen items from construction sites. Below Tools Thieves Tools steal tools from construction sites more

01 01 01 often than other equipment, with some studies steal tools from construction sites more Tools Thieves steal tools from construction sites more 01 Thieves finding that close to 40% of stolen goods are tools. often than other equipment, with some studies

often than other with some studies Thieves steal toolsequipment, sites more finding that close tofrom 40%construction of stolen goods are tools. Included inother this are hand power tools, and any often than equipment, some studies finding that close to 40%tools, ofwith stolen goods are tools. other handheld tool that’s used during construction. Included in this are tools, power tools, finding that close tohand 40% of stolen goods are and tools.any Included in this are hand tools, power tools, and any other handheld tool that’s used during construction. Because tools easy totools, remove, hide, andand resell, Included in thisare are hand power tools, any other handheld tool that’s used during construction. they make an easy target for thieves. Because tools are easy to remove, hide, and resell, other handheld tool that’s used during construction. Because tools are easy to remove, hide, and resell, they make an easyeasy target for thieves. Permanent markings ontotools canhide, help and deter thefts of opportunity and aid in recovery Because tools remove, resell, they make an are easy target for thieves. efforts. No one wants to buy orcan possess a toolthefts that was obviously stolen, less they make an easy target for thieves. Permanent markings on tools help deter of opportunity and aidso inthey’re recovery Permanent markingsBesides on tools can helpkeeping deter thefts of opportunity and aid in recovery likely to be targeted. marking, tools locked up and accounted for at the efforts. No one wantson to tools buy orcan possess a tool thatofwas obviouslyand stolen, they’re less Permanent help deter thefts opportunity aid inso recovery efforts. No markings one wants to an buyexcellent or possess a tool that was obviously stolen, so they’re less end of every shift can be theft deterrent. likely to be one targeted. tools up and accounted forless at the efforts. wantsBesides to buy ormarking, possesskeeping akeeping tool that waslocked obviously so they’re likely toNo be targeted. Besides marking, tools locked up stolen, and accounted for at the end of every shift can be an excellent theft deterrent. likely be targeted. Besides tools locked up and accounted for at the end oftoevery shift can be an marking, excellentkeeping theft deterrent. end of every shift can be an excellent theft deterrent.

Construction Equipment 02 Heavy Heavy Construction Equipment While it’s hard to believe someone could steal a 02 Heavy Construction Equipment 02 Heavy Construction Equipment a bulldozer being seen, people 02 backhoe While it’s or hard to believewithout someone could steal a While it’s hard to believe someone could steal a

steal equipment times more often than Whileheavy it’sor hard to believe9 someone could steal a they backhoe a bulldozer without being seen, people backhoeor or abulldozer bulldozerwithout withoutbeing being seen, people vandalize it. backhoe a seen, people steal heavy equipment 9 times more often than they steal heavy heavyequipment equipment99times timesmore more often than they steal often than they vandalize it. construction Since heavy equipment boasts such a vandalizeit.it. vandalize high price tag, thieves are equipment highly motivated steala Since heavy construction boaststosuch Sinceitems heavywhen construction equipment boasts such Since heavy construction equipment boasts such a a these theyare get the chance. high price tag, thieves highly motivated to steal high price pricetag, tag,thieves thievesare are highlymotivated motivated steal high toto steal these items when theyequipment gethighly the chance. To help prevent heavy theft, keep the these items when theyget getthe thechance. chance. these items when they equipment locked when not in usetheft, and keep park vehicles strategically to make theft more To help prevent heavy equipment the To help helpprevent prevent heavyequipment equipment theft, keep theof sight and in a monitored location. To heavy theft, keep the difficult. When possible, keep the equipment out equipment locked when not in use and park vehicles strategically to make theft more equipmentlocked lockedwhen whennot notininuse useand and park vehicles strategically to make theft more equipment park vehicles strategically make theft more difficult. When possible, keep the equipment out of sight and in atomonitored location. difficult.When Whenpossible, possible,keep keepthe theequipment equipment out sight and a monitored location. difficult. out of of sight and in ainmonitored location.

Materials 03 Building Building Buildingmaterials Materialslike lumber, copper, brass mill 03 Building Materials Buildingmaterials Materials steel account for 11.3% of construction 03 shapes, Buildingand like lumber, copper, brass mill Building brass mill Buildingmaterials materialslike likelumber, lumber,copper, copper, brass mill

site theftand incidents. These materials in and out of shapes, steel account account for11.3% 11.3%of ofgo construction shapes, and construction shapes, andsteel steel accountfor for 11.3% of construction style for thieves, depending on market demand and site theft incidents. These materials materialsgo goininand andout out site theft incidents. These ofof site theft incidents. These materials go in and out of cost. Increasing materials prices drive these types of style for thieves, depending on market demand and style for thieves, depending on market demand and style for thieves, depending on market demand and thefts, with morematerials expensive materials seeing higher cost. Increasing prices drivethese thesetypes types cost. Increasing materials prices drive ofof cost.rates. Increasing materials prices drive2021, theseit’s types of theft With lumber up 60% since been thefts, with more expensive materials seeing higher thefts, with more expensive materials seeing higher thefts, withfor more expensive materials seeing higher a big rates. target thieves resell as well as theft With lumberlooking up 60% 60%to since 2021, it’sbeen been theft rates. With lumber up since 2021, it’s theft rates. With lumber up 60% since 2021, it’s been opportunist thieves sourcing material for their own aabig target for thieves looking to resell as well as as well as personal projects. a big big target targetfor forthieves thieveslooking lookingtotoresell resell as well as opportunist thieves sourcingmaterial material fortheir theirown own personal projects. opportunist sourcing for personal projects. Stay informed on construction site theft trends and keep higher value materials out of opportunist thieves sourcing material for their own personal projects. sight and secure they’re harder for thieves to access. Stay onso construction sitetheft theft trends and keephigher higher value materials Stay informed informed construction site trends and keep value materials outout ofonof continued page 62 Stay informed on construction site theft trends and keep higher value materials out of sight and secure so they’re harder for thieves to access. sight and they’re harder for thieves to access. sight and secure so they’re harder for thieves to access.

NOVEMBER, 2023

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Job Site Theft continued from page 61

WHEN DOES CONSTRUCTION SITE THEFT OCCUR? WHEN site DOES SITE THEFT Most construction theftsCONSTRUCTION occur during peak construction periods,OCCUR? with the most theft

reports occurring between and September. However, any time construction tools or Most construction site theftsMay occur during peak construction periods, with the most theft materials are left unattended, they are at risk. reports occurring between May and September. However, any time construction tools or Daytime are thefts most often perpetrated by employees, but overnight thefts are the most materials leftare unattended, they are at risk. common, as thieves prefer a dark and empty construction site to reduce theirare chance of Daytime thefts are most often perpetrated by employees, but overnight thefts the most getting caught. common, as thieves prefer a dark and empty construction site to reduce their chance of getting caught.

continued on page 63

MORE THAN JUST STOLEN CONSTRUCTION GOODS THAN STOLEN CONSTRUCTION GOODS A single MORE theft incident cost JUST an average of $5,865 in 2019. Since then, building materials prices increased by over 35%, means there’s the building line for contractors who Ahave single theft incident cost anwhich average of $5,865 in even 2019.more Sinceon then, materials prices become victims construction site theft.there’s even more on the line for contractors who have increased byofover 35%, which means become victimsless of construction theft. Police recover than 25% ofsite stolen construction goods, with some sources claiming recovery in less than 7%25% of cases. In most cases, the tools,with equipment and materials are just Police recover less than of stolen construction goods, some sources claiming gone, which causes a domino effect of losses, recovery in less than 7% of cases. In most cases,like: the tools, equipment and materials are just gone, ▪ which causes a domino effect of losses, like: Project delays because of missing tools or materials

delays because of missing tools ordelays materials ▪▪Project Additional costs associated with project (employee wages, liquidated damages, rental extensions) ▪ Additional costs associated with project delays (employee wages, liquidated damages, Cost extensions) of missing materials, tools, or equipment ▪rental missing materials, or equipment ▪▪Cost Costofand schedule impacttools, of replacing items ▪▪Cost and schedule impact of replacing items Client dissatisfaction dissatisfaction ▪▪Client Higher insurance premiums insurance premiums ▪ Higher When it comes to recouping losses, insurance companies often take weeks or months to

pay out the cost stolen goods. The time involved in replacing saidweeks goods or may contribute When it comes to of recouping losses, insurance companies often take months to to additional delays,goods. the cost of time which may beinasreplacing high as $27,750 per may day in liquidatedto pay out the project cost of stolen The involved said goods contribute damages and overhead, according to a study by Navigant Consulting. additional project delays, the cost of which may be as high as $27,750 per day in liquidated damages and overhead, according to a study by Navigant Consulting.

No matter how you cut the pie, it’s clear that theft prevention is essential every site. No matter to how youconstruction cut the pie, it’s clear that theft prevention is 62essential to “BUY FROMconstruction THE ADVERTISERSsite. IN CONSTRUCTION OUTLOOK” NOVEMBER, 2023 every

Job Site Theft continued from page 62

MORE THAN JUST STOLEN CONSTRUCTION GOODS A single theft incident cost an average of $5,865 in 2019. Since then, building materials prices have increased by over 35%, which means there’s even more on the line for contractors who become victims of construction site theft. Police recover less than 25% of stolen construction goods, with some sources claiming recovery in less than 7% of cases. In most cases, the tools, equipment and materials are just gone, which causes a domino effect of losses, like:

▪ Project delays because of missing tools or materials ▪ Additional costs associated with project delays (employee wages, liquidated damages, rental extensions)

▪ Cost of missing materials, tools, or equipment ▪ Cost and schedule impact of replacing items ▪ Client dissatisfaction ▪ Higher insurance premiums When it comes to recouping losses, insurance companies often take weeks or months to pay out the cost of stolen goods. The time involved in replacing said goods may contribute to additional project delays, the cost of which may be as high as $27,750 per day in liquidated damages and overhead, according to a study by Navigant Consulting.

continued on page 65

No matter how you cut the pie, it’s clear that theft prevention is essential to every construction site.

NOVEMBER, 2023

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When it comes to recouping losses, insurance companies often take weeks or months to pay out the cost of stolen goods. The time involved in replacing said goods may contribute to additional project delays, the cost of which may be as high as $27,750 per day in liquidated Job Site Theft continued from page 63 damages and overhead, according to a study by Navigant Consulting.

No matter how you cut the pie, it’s clear that theft prevention is essential to every construction site. HOW TO PROTECT AGAINST JOB SITE THEFT The relatively low rate of item recovery coupled with the high rate of construction theft means construction site security is no longer optional. Every contractor should know what they’re up against and what security options are available for their unique project. While some thefts are premeditated or the result of organized crime, others are thefts of opportunity. Opportunity-driven thefts happen when tools or materials are easily accessible and unsupervised. Perpetrators may include employees who skim small amounts of materials for personal projects, teenagers looking for a midnight joy ride, or thieves who spot valuable goods and find an easy way onto the job site. Premeditated thefts can hit harder, with large trailers-worth of tools, building materials, and heavy equipment gone in just a few hours. Insurance can help once a theft has already occurred, but taking measures to protect against job site theft is a critical step in ensuring a construction project stays on time and on budget.

Here are 8 of today’s theft protection best practices: mark tools 01 Permanently Most people don’t want to buy stolen merchandise, so thieves are less likely to take indelibly marked items for resale. Similarly, employees are less likely to steal items that are marked and accounted for at the end of every shift.

We improved uptime, shop Strategically park construction efficiency and 02 equipment costs with B2W Maintain. Parking construction vehicles in such a way that other vehicles or structures are blocking them from being towed or driven off can deter thieves looking for a quick getaway. SKIP BROWNELL Install temporary fencing SEVERINO TRUCKING

03 Fencing can be a great deterrent for thieves because it prevents them from seeing what’s on the menu, and it makes entering and new ground, win more work and complete exiting the site moreBreak difficult.

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surveillance and prosecution 05 Display warning signs throughout the site Prominently placed signs that let thieves know they’re being watched and that prosecution is in their future may make them think twice, especially when combined with visible security cameras and motion lighting.

Deploy construction security

06 cameras

Construction security cameras can provide full site coverage at a lower cost than monitored surveillance options. Some security camera systems offer real-time alerts to assist with quick police response.

Deploy monitored surveillance

07 cameras

Monitored surveillance camera systems can be more expensive because someone must watch the video feed at all times. The payoff can be fast response time in the case of a theft. “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 65

Install motion-triggered lighting

Hire security guards to patrol the site

08 overnight

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heavy equipment gone in just a few hours. Insurance can help once a theft has already occurred, but taking measures to protect against job site theft is a critical step in ensuring a construction project stays on time and on budget.

Job Site Theft continued from page 65

Strategically park construction

02 equipment

Deploy construction security

Parking construction vehicles in such a way that other vehicles or structures are blocking them from being towed or driven off can deter thieves looking for a quick getaway.

temporary fencing 03 Install Fencing can be a great deterrent for thieves because it prevents them from seeing what’s on the menu, and it makes entering and exiting the site more difficult.

06 cameras

Deploy monitored surveillance

07 cameras

Monitored surveillance camera systems can be more expensive because someone must watch the video feed at all times. The payoff can be fast response time in the case of a theft.

Install motion-triggered lighting

04 Most thieves don’t want a spotlight on their criminal activities, and they certainly don’t want an audience, so motion-triggered lighting can scare them away.

Hire security guards to patrol the site

08 overnight

Security guards are the most expensive option on the list, but nothing deters thieves like a guard. This option makes sense on large, highbudget projects in high-density areas that see a lot of theft. continued on page 69

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Job Site Theft continued from page 67 The cost of the above prevention measures can range from pocket change to prohibitively expensive, on the sizemeasures of the construction Security guards or monitored The cost of depending the above prevention can rangeproject. from pocket change to prohibitively surveillance cameras can eatsize up aoflarge portion of theproject. bottomSecurity line, while construction expensive, depending on the the construction guards or monitored security cameras, motion-triggered lighting, andofsigns may have smaller budgetary impact. surveillance cameras can eat up a large portion the bottom line,a while construction security cameras, motion-triggered lighting, and signs may have a smaller budgetary impact. Most contractors are looking for the most effective security measures with the best price point contractors for their project. In manyfor cases, security camera systems are thewith answer. Construction Most are looking the most effective security measures the best price site cameras have become popular in recent years, and while the cameras on the market point for their project. In many cases, security camera systems are the answer. Construction today vary in have their become functions, they each have years, their own site cameras popular in recent andbenefits. while the cameras on the market today vary in their functions, they each have their own benefits.

Below is a summary of the frontrunners: Below is a summary of the frontrunners: CCTV Security Cameras CCTV CCTV Security cameras Cameras are the classic security camera system that offers secure, camera coverage. These CCTV cameras are basic the classic security camera system usually require wired ACcamera power and ethernet cables, that offers secure, basic coverage. These with some WiFiwired options in the today. These usually require AC out power andmarket ethernet cables, options require professional areThese an with some WiFi options out ininstallation the marketand today. option when the construction site already has power options require professional installation and are an and working internet. option when the construction site already has power and working internet.

continued on page 70

Surveillance Cameras / Monitored Systems Surveillance / Monitored Systems camera The strength Cameras of a true monitored surveillance system is that always someone watching… The strength ofthere’s a true monitored surveillance camera literally. These systems are most useful when there’s system is that there’s always someone watching… someone monitoring the screen the clock. They literally. These systems are most around useful when there’s require professional and usethe ACclock. powerThey and someone monitoringinstallation the screen around ethernet cables in most cases. require professional installation and use AC power and ethernet cables in most cases.

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and working internet. option when the construction site already has power and working internet.

Job Site Theft continued from page 69

Surveillance Cameras / Monitored Systems The strength of a true monitored surveillance Surveillance Cameras / Monitored Systemscamera system is that there’s always someone watching… The strength of a true monitored surveillance camera literally. These systems are most useful when there’s system is that there’s always someone watching… someone monitoring the screen around the clock. They literally. These systems are most useful when there’s require professional installation and use AC power and someone monitoring the screen around the clock. They ethernet cables in most cases. require professional installation and use AC power and ethernet cables in most cases.

Solar, Wireless, LTE Site Security Cameras Solar 4GLTE LTESite security cameras are ideal Solar,powered Wireless, Security Cameras for job sites at every stage. Small to medium-sized Solar powered 4G LTE security cameras are ideal projects without power or internet on site are logical for job sites at every stage. Small to medium-sized candidates for a solar security camera system. These projects without power or internet on site are logical construction site security cameras offer options like candidates for a solar security camera system. These motion-triggering, infrared lighting, and smart features construction site security cameras offer options like like 24/7 alerts. These options are often less expensive motion-triggering, infrared lighting, and smart features because they don’t require professional installation or like 24/7 alerts. These options are often less expensive monitored surveillance. because they don’t require professional installation or monitored surveillance.

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

continued on page 71

NOVEMBER, 2023

Job Site Theft continued from page 70 Every security camera solution has its advantages, but they’re not all the best choice for every project. The project’s needs and budget should help drive the decision on which type of camera is best. Paired with some of the other measures on the best practices list, security cameras are one of the best ways to protect against job site theft. When time and money are at a premium, construction theft prevention measures can make the difference. From deploying solar powered security cameras to making slight changes in daily security habits, there’s a solution for every project. Today’s construction industry requires contractors to stay up-to-date on theft trends and current best practices. Thieves won’t wait until it's convenient, which means now is always the best time to improve job site theft protection measures. Reprinted from Sensera Systems at www.senserasystems.com n

ABOUT SENSERA SYSTEMS Simply put, Sensera Systems provides the most flexible, reliable, and affordable camera solutions in the industry. Our professional solutions are purpose-built for the rigors of active jobsites, both large and small. Deployed on thousands of projects across North America, our solar/wireless solutions help protect stakeholders stay informed and remotely manage their LEM, logistics, risk, and safety from any location, in real time. Securely managed from a single platform, our solutions provide the most reliable and cost-effective real-time visual monitoring and documentation in the industry, all in a hassle-free package that is easy to setup and use within minutes.

For more information, visit www.senserasystems.com NOVEMBER, 2023

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

TOLL FREE: 800-657-0437

11 Index Advertisers’ 21st Century Concrete, Inc.................................................................... 72 AAA Work Trucks.................................................................................. 31 ATS Equipment, Inc. .............................................................................. 22 B2W Software, Inc................................................................................... 65 Badger Daylighting................................................................................. 38 Benevento Companies............................................................................ 50 Boro Sand & Stone Corp........................................................................ 60 Brennan Consulting................................................................................ 70 Dennis K. Burke, Inc............................................................................... 71 Chadwick-BaRoss...................................................................................... 2 Concrete Systems, Inc....................................................Inside Back Cvr. Core & Main............................................................................................... 4 Cumberland Quarry Corp..................................................................... 40 Dagle Electrical Construction Corp.................................................... 16 Darmody, Merlino & Co., LLP.............................................................. 59 Dedham Recycled Gravel....................................................................... 17 DeSanctis Insurance Agency, Inc. ....................................................... 64 Dig Safe System, Inc................................................................................ 56 The Driscoll Agency................................................................................ 66 Jack Doheny Company........................................................................... 13 Eastpoint Lasers, LLC............................................................................. 15 T. L. Edwards, Inc.................................................................................... 67 Ferguson Waterworks............................................................................. 64 Genalco, Inc.............................................................................................. 63 L. Guerini Group, Inc............................................................................. 60 Henniker Directional Drilling, LLC.................................................... 21 Hinckley Allen LLP........................................................................28 & 46 John Hoadley & Sons, Inc...................................................................... 11 JESCO........................................................................................................ 60 Jolin Paving & Excavating Inc............................................................... 62 P. J. Keating Company.............................................................................. 6 Klayman Public Insurance Adjusters.................................................. 31 P. A. Landers, Inc..................................................................................... 48 Lawrence-Lynch Corp............................................................................ 69 Lorusso Corp............................................................................................ 68 Lorusso Heavy Equipment, LLC........................................................... 32 Mass Broken Stone Company................................................................ 25 McGovern Ford of Framingham.......................................................... 39 Mersino Dewatering............................................................................... 30 Milton CAT..............................................................................Back Cover Milton Rents............................................................................................. 29 Monroe Tractor........................................................................................ 11 National Trench Safety........................................................................... 12 Norfolk Power Equipment, Inc............................................................. 58 North American Crane & Rigging LLC.............................................. 14 North East Shoring Equipment, LLC................................................... 20 Northwestern Mutual............................................................................. 40 Ocean State Oil........................................................................................ 19 Pawtucket Hot Mix Asphalt.................................................................. 55 Podgurski Corp........................................................................................ 15 E. J. Prescott, Inc................................................................ Ins. Front Cvr. Putnam Pipe............................................................................................. 66 Rain For Rent-New England.................................................................. 24 Read Custom Soils................................................................................... 66 Ritchie Bros. Auctioneers....................................................................... 10 Scituate Concrete Products Corp......................................................... 26 Scrap-It, Inc.............................................................................................. 52 Shea Concrete Products, Inc. .................................................................. 8 SITECH New England............................................................................ 18 Starkweather & Shepley Ins. Brokerage, Inc....................................... 34 Taylor Oil Company.................................................................................. 9 Tenna......................................................................................................... 68 Tonry Insurance Group, Inc.................................................................. 56 Triumph Modular................................................................................... 58 United Concrete Products..................................................................... 33 United Construction & Forestry, LLC................................................... 1 Webster Printing & Packaging.............................................................. 68 Westlake Pipe & Fittings........................................................................ 25 C. N. Wood Co., Inc. .............................................................................. 36 World Insurance Associates LLC......................................................... 54

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

NOVEMBER, 2023

Concrete Systems, Inc.: Manholes & Catch Basins, Box Culverts, Utility Structures, Special Box Structures, Containment Vaults, Fire Cisterns, CSI Arc-Span™ Bridges, Rigid Bridge ™ Systems, Bridge Deck Slabs, Permanent & Temporary Median Barrier, Uwall™ Retaining Wall Systems, Stablewall™ Retaining Wall, Headwalls & Wingwalls. Clampcrete Construction Systems: TL-4 Anchored Barrier for Roadway Structures. Tunnel Systems: Precision Segmental Tunnel Lining Rings. Cleco Manufacturing: Precision Fabricated Forms & Forming Systems, Complete Plant Design, Batch Plant Computer Automation, Countercurrent Mixers & Concrete Delivery Systems.

0 PERCENT FINANCING AVAILABLE ON MOST MACHINES.* 0 DOWN. 0 HASSLE.

Unlike the quality and dependability of CAT® equipment, these savings won’t last a lifetime. It’s high time you connect with Milton CAT for big deals and an unbeatable Protection Package. Good things come to those who wait. act now .

Call your sales representative or nearest location.

MILFORD, MA

100 Quarry Drive (508) 634-3400

NORTH READING, MA 84 Concord Street (978) 276-2400

SCARBOROUGH, ME

16 Pleasant Hill Road (207) 883-9586

LONDONDERRY, NH

30 Industrial Drive (603) 665-4500 miltoncat.com

*Offer subject to machine availability and credit approval by Cat Financial. Not all customers will qualify. Payments do not include taxes, freight, set-up, delivery, document fees, inspections, additional options, or attachments. Offer may change without prior notice and cannot be combined with any other offers. Additional terms and conditions may apply. Contact your Cat dealer for details. ©2022 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, LET’S DO THE WORK, their respective logos, “Caterpillar Corporate Yellow,” the “Power Edge” and Cat “Modern Hex” trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.