61 Safety & Health Corner: Workplace Violence at Construction Sites
65 Driving in Massachusetts: “Rules of the Road” to Remember
69 How the Opioid Crisis Impacts the Construction Industry
73 Framingham’s Sewer System Is a ‘Ticking Time Bomb Underground’
75 Spotlight on Cape Cod: Cape Cod’s Freshwater Ponds
79 UCANE’s Updated Safety Manuals Now Available
Editors: Joseph F. Nolan & Anne Klayman, Associate Editor: Suzanne Hatch
Magazine Designer/Associate Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan
Construction Outlook Chair: Brian Cooney
Editorial Board: Brian Cooney, Chris Valenti, Querino Pacella, & Dan Horgan
JOINING FORCES TO BETTER SERVE YOU
The Jack Farrelly Company, Putnam Pipe and HR Prescott have united, as part of the Core & Main family.
• W. Boylston, MA 508-835-4431
• Bloomfield, CT 860-769-6760
• East Lyme, CT 860-739-5457
• New Britain, CT 860-826-0517
• Hopkinton, MA 508-435-3090
• North Haven, CT 203-777-5548
• Westbrook, ME 207-464-0585
• N. Billerica, MA 978-459-6701
• Norwood, MA 781-407-9133
• Taunton, MA 508-880-8736
• Worcester, MA 508-752-7473
• Loudon, NH 603-263-7350
• New Milford, CT 860-210-6262
• Springfield, MA 413-732-8400
• Johnston, RI 401-725-0140
We’re still the dependable experts you’ve always known, but now as one team, continuing to handle all your water, wastewater, fusible, and storm drainage material
As We Move Into the Fall Construction Season, UCANE’s Work Continues
With Labor Day behind us, as we move into September, it’s clear that summer is unofficially winding down. However, for our contractor and associate members, the construction season is far from over. Many of you will continue advancing or completing projects across the Commonwealth and New England well into the winter months, weather permitting. Our team remains dedicated to supporting you through this successful construction season.
In August UCANE hosted two successful member events. The first was our annual Western M assachusetts Board and Government Relations Committee meetings at GreatHorse in Hampden, MA, on August 14. This event is always a key part of our calendar, offering members a chance to discuss issues important to our Western Massachusetts colleagues in the beautiful setting of GreatHorse. This year’s meeting did not disappoint; it was well-attended, and we had vibrant discussions on the issues at hand. Many thanks to Jerry Gagliarducci for hosting us once again at this wonderful venue.
Later in the month, on August 28, UCANE held its first-ever event at the new TOPGOLF facility in Canton, MA. This casual gathering gave members the chance to enjoy golf games, southwestern cuisine, and drinks while networking with colleagues and friends—all for a good cause. I ’m proud to say that the event raised a significant donation for the Brain Aneurysm Foundation.
On the policy front, UCANE has been closely monitoring t wo significant regulations that are set to t ake effect in January 2025. These regulations are expected to impact members who operate on-road trucks as part of their operations.
The first regulation mandates that all trucks Class 3 and higher over 10,000 lbs used to service state contracts must be equipped with safety measures such as protective sideguards, backup cameras, concave and convex mirrors to mitigate injuries to pedestrians and cyclists. In addition to meeting with MassDOT prior to the public hearing and submitting written testimony at the public hearing for the proposed regulations, UCANE has been collecting data from our membership about the impact of this regulation.
We continue to actively work with the Commonwealth to clarify legal definitions and discuss possible enforcement delays while these issues are resolved.
The second regulation, adopted by the Baker Administration in 2021, aligns with California's CARB (California Air Resources Board) emissions standards known as the Advanced Clean Truck and Heavy-Duty Omnibus Rules. Starting January 1, 2025, these regulations will severely restrict our members' ability to purchase and register new medium and heavy duty diesel trucks. Dealers are already facing significant shortages of trucks that meet these new standards, and those that are available are exponentially more expensive. This issue not only affects our contractors and associates but also has wide-ranging implications for the trucking industry, bus fleets, and municipalities planning to purchase new vehicles in 2025 and beyond.
UCANE recently hosted a Zoom webinar with members, associates, and peer organizations to discuss the impacts of these new regulations. We are working to build coalitions to amplify our concerns to the Healey Administration as we seek to determine if a delay in implementation may be possible. The lack of available alternatives could force truck owners to keep older, dirtier, and less safe vehicles on the road longer, which is counterproductive to the intended environmental goals. This is a case where regulation has outpaced technology, leading to potentially negative consequences for the Commonwealth.
As we continue to advocate on your behalf, we want to thank you for your ongoing support of UCANE. Best of luck to all our members as you navigate the fall and winter construction seasons. Stay safe, and let’s continue to move forward together. n
With over two decades of experience across diverse industry sectors, Je brings his insights and experience with complex transactions, as well as an extraordinary ability to resolve disputes to Hinckley Allen’s nationally ranked Construction & Public Contracts Group.
CONTACT: Je D. Bernarducci
617-378-4155
JBernarducci@hinckleyallen.com
Administration Awards Grants to Address Stormwater Pollution in Coastal Areas
According to a press release issued by the Healey-Driscoll Administration, $628,702 in grant funding to assess and treat stormwater pollution to coastal waters and develop comprehensive coastal habitat restoration plans was awarded to local communities in August. The grants, provided by the E xecutive O ffice of Energy and Environmental Affairs’ (EEA) O ffice of C oastal Zone M anagement (CZM), were awarded to the Ipswich River Watershed Association, Needham, Newton, Rehoboth, Saugus River Watershed Council, and Wildlands Trust.
The Coastal Habitat and Water Quality (CHWQ) grants fund projects to assess, intercept, and treat stormwater runoff, which is a leading source of water pollution. Reducing stormwater pollution is essential for protecting coastal water quality and habitat, as well as keeping beaches open for swimming and shellfish beds open for harvest. A priority of the grant program is to support implementation of green stormwater infrastructure, which replicate natural processes to trap and filter stormwater prior to reaching local waterbodies. The CHWQ grants also support the development of comprehensive habitat restoration plans. Habitat restoration helps to protect and maintain critical environmental resources across the greater coastal watershed.
The following six projects have been funded through this year’s Coastal Habitat and Water Quality Grants:
• Ipswich River Watershed Association$137,053 to develop a comprehensive habitat restoration plan to improve aquatic habitat and riverine conditions in the Ipswich River. This project will assess current habitat conditions through mapping of specific habitat t ypes and develop strategies and recommendations to improve di -
adromous fish habitat in the river.
• Needham - $125,425 to advance assessment and planning for stormwater management along Alder Brook, a tributary of the Charles River. The project will reduce phosphorous inputs to the brook by capturing and treating stormwater before reaching the waterbody.
• Newton - $173,339 to advance permitting and engineering of green stormwater infrastructure along Cheesecake Brook. The proposed management techniques will aim to reduce phosphorous and bacteria impacts to the brook and the Charles River, which are currently impacted by these pollutants.
• Rehoboth - $87,500 to quantify calculations of nutrient levels in runoff, identify locations for stormwater best management practices (BMPs), update stormwater and zoning bylaws to reduce stormwater impacts, host BMP maintenance trainings to build capacity in the municipality, and conduct outreach with residents and local farmers on stormwater BMPs. This project holistically targets water quality improvements in the Palmer River Watershed.
• Saugus River Watershed Council - $56,700 to assess stormwater runoff volume and pollutant levels from municipal properties in the Saugus River watershed. Through GIS analyses and onsite fi eld assessments, the C ouncil will assess existing conditions, model climate scenarios, and investigate levels of impact to the Saugus River watershed. The data collected will inform site selection and initial designs for green stormwater infrastructure to address stormwater impacts in the region.
continued on page 9
Mark Molloy, Esq.
COMPONENT
• Wildlands Trust - $48,685 to complete a habitat restoration plan in the Plymouth, Duxbury, and Kingston (PDK) Bay A rea. Focusing on the 3 0 miles of coastline and numerous tributaries to the bay, the project will assess existing data, management plans, and community knowledge to identify opportunities to protect coastal habitat.
CZM is the lead policy and planning agency on coastal and ocean issues within the E xecutive O ffice of Energy and Environmental Affairs. Through planning, technical and grant assistance, and public information programs, CZM seeks to balance the impacts of human activity with the protection of coastal and marine resources. The agency’s work includes helping coastal communities address the challenges of storms, sea level rise, and other effects of climate change; working with state, regional, and federal partners to balance current and new uses of ocean waters while protecting ocean habitats and promoting sustainable economic development; and partnering with communities and other organizations to protect and restore coastal water quality and habitats.
To learn more about the work of CZM, please visit: https://www.mass.gov/orgs/massachusetts-officeof-coastal-zone-management-czm.
Dana Kepner Company’s regional purchases now include Putnam Pipe (2021) and Jack Farrelly (2023).
This expansion will provide our customers with greater access to an extensive inventory, additional resources, including a 24-hour service department, and the benefits of a wider market.
We look forward to earning your continued trust and confidence.
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Revenue Collections Exceed Previous Years, Funding Questions Still on the Horizon for Next Session
The Massachusetts Department of Revenue (DOR)
Commissioner announced that revenue collections for June totaled $ 4.495 billion, $357 million or 8.6% more than actual c ollections in June 2023, and $268 million or 6.3% above benchmark. Revenue c ollections for fiscal year 2024 totaled approximately $ 40.800 billion, $1.636 billion or 4.2% more than collections in fiscal year 2023, and $967 million or 2.4% above the fiscal year 2024 benchmark.
In a press release announcing the same, however, Commissioner Geoffrey Snyder noted that:
“The increase in fi scal year 2024 revenue c ollections in c omparison to fi scal year 2023 is mostly driven by an increase in the additional 4% tax levied pursuant to Article XLIV of the Amendments of the Constitution of the Commonwealth (the income surtax). The increase in the surtax was partially offset by decreases in sales and use tax, corporate and business excise, and ‘all other’ tax. The decrease in sales and use tax was primarily driven by a decrease in regular sales t ax, reflecting, in part, lower collections from building supply dealers and firms in the c onstruction industry. The decrease in c orporate and business taxes was driven by a decrease in return payments and an increase in refunds, partially offset by an increase in estimated payments. The decrease in ‘all other’ tax is mostly attributable to a decrease in estate tax, a category that tends to fluctuate.”
On July 24, 2024, DOR certified that the preliminary estimate of surtax revenue collected in fiscal year 2024 was $2.199 billion. On the same day, DOR also certified that the preliminary estimate of capital gains tax revenue collected in fiscal year 2024 was $2.070 billion, which generated a total fiscal year 2024 transfer of approximately $590.8 million to the Stabilization Fund, the State Retiree Benefits Trust Fund, and the Pension Liability Fund.
The observations on the income tax surcharge remain poignant as the proceeds from the same may only be used for education or transportation purposes. As the Massachusetts legislature looks towards the upcoming 2025-2026 legislative session, attention is expected to be drawn towards the Commonwealth’s transportation infrastructure funding needs. Largely driven by the cost of running, maintaining and expanding the MBTA, there has been a growing concern that the i ncome t ax s urtax w ill n ot b e s ufficient, o n i ts ow n, to address the Commonwealth’s transportation funding needs. Immediately preceding the shutdowns associated with COVID, the Massachusetts House of Representatives passed a transportation funding initiative that was soon overwhelmed by the impacts associated with the pandemic. Expect to see a bevy of competing analyses or initiatives focused on this issue in the coming months.
continued on page 13
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Berlin Stone Co.
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Tel: 978-838-9999
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Attorney General Releases Annual “Labor Day Report”
On Labor Day, Attorney General Andrea Joy Campbell released the O ffice's (AGO’s) annual Labor Day Report, highlighting the efforts taken to ensure that workers in the Commonwealth receive fair pay, benefits, and safe working conditions. In Fiscal Year 2024 (FY2024), which runs from July 1, 2023 to June 3 0, 2024, AG Campbell’s Fair Labor Division (FLD) took civil enforcement actions against 6 38 employers, helping 40,370 workers across Massachusetts and assessing more than $31.5 million in restitution and penalties. The retail/ sales industries faced the highest rate of enforcement actions (26.2%), and “Failure to Make Timely Payments” was the most common type of violation (487 citations). The construction industry saw $2.7 million dollars in fines issued, which impacted slightly over 1,100 employees – numbers below other industries identified in the report.
Also highlighted in the report, the AGO secured its fi rst c onviction f or l abor t rafficking s ince “An Ac t
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Relative to the Commercial Exploitation of People” was enacted in 2012. This law established human trafficking fo r s exual s ervitude an d fo rced lab or as criminal acts under state law. Additionally, the FLD successfully spearheaded a coalition of 27 labor enforcement agencies in calling on the United States Department of Homeland Security (DHS) to extend the protection period of the Deferred Action Program for noncitizen victims and witnesses of labor violations from two years to four years. Some labor investigations may take several years to reach a resolution, and worker witnesses and victims losing their protections against deportation during that time could seriously jeopardize investigations and result in employers who break the law going unpunished. Shortly after receiving the letter, DHS announced it would extend the program’s period of protection from deportation from two years to four years.
continued on page 15
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The annual Labor Day Report, which often highlights the various priorities of the respective Attorney General, also pointed to AG Campbell’s outreach relative to youth employment. In FY2024, FLD as sessed m ore t han $ 3.6 m illion a gainst e mployers that violated the Commonwealth’s child labor laws. In June, the AGO’s Healthy Summer Youth Jobs grant program, which uses healthcare and child labor settlement money to provide grants for health-focused employment for young people, awarded n early $ 375,000 of t his f unding to m ore than 3 0 o rganizations across t he C ommonwealth. Finally, in addition to its enforcement efforts, the AGO hosted or participated in nearly 200 workerand employer-focused community engagement events and conducted 206 compliance visits during FY2024.
To review a copy of the Attorney General’s Labor Day Report, please visit: https://www.mass.gov/ doc/labor-day-report-2024/. As always, more information about the state’s wage and hour laws is also available in multiple languages at www.mass.gov/ ago/fairlabor.
continued on page 17
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News in Brief
• Not Yet Done; Massachusetts Legislature Eyes Potential Return to Formal Session. As previously reported in last month’s Construction Outlook magazine, the Massachusetts legislature left a variety of initiatives in conference committee negotiations as both branches jockeyed for position during the last hours of formal session. Bills addressing a variety of health care issues, clean energy siting and permitting, as well as the omnibus economic development bill, among others, were left awaiting final action. W hile c ertain measures (i.e. maternal health and long term care legislation) have been passed during informal sessions, other measures like the economic development bill contain bond authorizations and potentially controversial energy siting initiatives that require roll call votes have not been. Accordingly, leadership in both branches of the Massachusetts legislature have indicated that they will likely meet in a special formal session to address a myriad of these matters. While a timetable has not been specified, stay tuned for more information about these matters in the coming months.
• Unemployment Rate Increase. According to the Executive Office of Labor and Workforce Development (EOLWD), local unemployment rates increased in twenty-two of twenty-four labor market areas in the state during the month of July 2024 compared to June 2024. Compared to July 2023, the unemployment rate was up in all twenty-four labor market areas. The largest percentage increase occurred in the area around the Town of Barnstable (2.2%). The largest percentage decreases occurred in the Boston-Cambridge-Newton (0.3%), Worcester MA-CT (-0.9%), and Springfield MA-CT (-0.7%) areas. From July 2023 to July 2024, thirteen areas gained jobs with the largest percentage increases seen in the Boston-Cambridge-Newton (+1.1%), Worcester MA-CT (+1.9%), and Springfield MA-CT (+1.3%) areas. The statewide seasonally adjusted preliminary jobs estimate showed a decrease of -2,300 jobs in July, and an over-the-year gain of 41,200 jobs. The United States Bureau of Labor Statistics, from which much of the data is acquired, reported the nation’s seasonally adjusted
continued on page 19
Serving the Bonding and Insurance needs of the N.E.construction industry for almost 50 years.
Adam DeS anctis Jam es Axon M ichael G ilbe rt Br yan J uw a
David Boutiette Pa ul P at alano Dick C aruso Jonathan Duggan Jordan Tirone
unemployment rate for June 2024 increased by 0.2 percentage points over-the-month to 4.3%. For a broader range of tools to examine the Commonwealth’s employment measures, please visit the Massachusetts Department of Economic Research at: https://lmi.dua.eol.mass.gov/lmi.
• Learn More about the EPA Grant Process. The United State Environmental Protection Agency (EPA) holds periodic webinars to assist potential applicants with information about the EPA’s grant process. While the EPA holds “live” sessions for attendees, they also record the same for future viewing after the fact. A recent session held on June 18 was intended to help grant applicants learn how to find and successfully apply for competitive EPA grants. EPA officials also provided an overview of the competition process from application through evaluation and selection. To view this informative session and the materials distributed at the same, please visit: https://www.epa.gov/grants/competition-process-webinar-june-18-2024.
• Environmental Justice Trust Included in Fiscal Year 2025. One of Attorney General Andrea Joy Campbell’s policy initiatives, a new Environmental Justice Trust (Trust), was signed into law by G overnor M aura Healey as part of the fiscal year 2025 budget recently. The Trust, proposed by AG Campbell, Representative Brandy FlukerOakley, and Senator Adam Gomez, will support projects that address environmental harms in disadvantaged communities across the Commonwealth. Funded through civil penalties obtained in judgments and settlements from state cases in the AGO’s Environmental Protection Division (EPD), the Trust will benefit c ommunity health by addressing economic, environmental, or healthrelated burdens people face every day. Under the new law, the Trust will be administered by the AGO and can be used for: the restoration of any natural resource; the investigation, remediation or mitigation of any environmental pollution or harm at any property located in a disadvantaged community; any project to benefit the c ommunity health or well-being, including those related to economic, environmental or health needs of a disadvantaged community; and an academic or government-funded research project related to environmental protection or conservation of natural resources in a disadvantaged community.
• Framingham Issue Highlights Importance of Ongoing Water Infrastructure Investment. As reported by the MetroWest Daily News, the City of Framingham had a significant "sanitary sewer overflow" at the end of July. A sanitary sewer
overflow is defined as "an unintentional overflow, spill, release, discharge or diversion of untreated or partially treated sewage from the city’s public sanitary sewer." The overflow event took place at 72-74 Main St., and lasted until 9 p.m. During that period, the City of Framingham estimated that about 675,000 gallons of untreated sewage and waste was spilled in the area. In a clever nod to the Olympics in Paris, the MetroWest Daily News noted that an Olympic-sized swimming pool also holds about 660,000 gallons of water. In a subsequent City Council meeting held in late August, the City of Framingham’s Director of Public Works explained that replacement of the 20-foot section of leaking sewer pipe, located in wetlands, required 13 septic pumper trucks, 2 2 staff, including five managers, and cost $110,000. The Director of Public Works further explained that normally $110,000 the same amount of funding would normally pay for the replacement of approximately 400 feet of sewer pipe. From initial analysis, it appears that the underlying issue resulted from a cast iron sewer pipe that ran through wetlands, which are more acidic and prone to eating away at such pipes. Again, as municipalities consider ongoing infrastructure improvements, investing in water infrastructure continues to be of critical importance. n
L. GUERINI GROUP, INC.
Construction & Public Contracts Group, Hinckley Allen, LLP
The Massachusetts Office of the Attorney General Continues to Pursue Subcontractors for Alleged Failures to Pay
Last Fall, we wrote about a judgment entered against a local subcontractor arising out of its sub-subcontractor’s failure to pay prevailing wages on two public projects. At the time, the Massachusetts Office of the Attorney General reported that it was “the first case to affirm that liability under the Massachusetts False Claims Act extends up the payment chain to contractors who, by action or inaction, knowingly facilitate misconduct by their subcontractors.”
This quotation caused a bit of stir among general contractors questioning whether they could be held liable for their subcontractor’s failure to pay prevailing wages. Notably, the Attorney General did not pursue either of the two general contractors working on the public projects at issue in that case. Instead, the Attorney General went after a subcontractor and its sub-subcontractor in a unique situation involving fairly obvious liability. That judgment was appealed and the case remains pending in the Massachusetts Appeals Court.
In the meantime, the Attorney General continues to pursue subcontractors who allegedly fail to pay employees, regardless of whether the project is a public project or a private project. In August of 2024, the Attorney General announced nearly $400,000 in citations against an out-of-state subcontractor for allegedly failing to make timely payments, failing to pay overtime, and failing to furnish true and accurate payroll records to the Attorney General in connection with a private project. The subcontractor was engaged to install conveyor belts in a newly-constructed warehouse facility in
Massachusetts. The subcontractor brought employees from out-of-state to perform the work, allegedly promising them a per diem allowance to cover housing costs.
A local union referred the matter to the Attorney General for investigation, reportedly asserting that workers were “going weeks without being paid.” Some workers alleged that the subcontractor failed to pay the workers their promised per diems, while other workers alleged that they were not receiving payment of wages, but were only receiving payment of their promised per diems. The Attorney
continued on page 23
Christopher Morog Partner
Robert T. Ferguson Partner
General conducted an investigation, reporting that “as many as 76 . . . workers were routinely denied paychecks” and that not all employees had received all their earned wages, including overtime. The union referred to this situation as “wage theft.”
The Attorney General reported that its citations include restitution for the workers as well as civil penalties. The Attorney General went on to underscore important requirements of wage and hour laws, under which “workers are entitled to payment of their wages in full and in a timely manner, which is six days after the pay period ends.”
No doubt you are familiar with the Commonwealth’s wage and hour requirements. However, not everyone always plays by the rules of the game. Contractors working on public and private projects alike should be mindful that the Massachusetts Attorney General continues to be on the lookout for instances of non-compliance at all levels of the chain of contracting in the interest of protecting individual workers. n
Join us as we Honor our ContraCtor and assoCiate M eMBer of tH e year r eCipients
saturday, noveMBer 2, 2024 6:00 in tH e evening p lease rsvp to a nne K lay M an at aK lay M an@uCane .CoM
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By oCtoBer 14, 2024
U.S. Equal Employment Opportunity Commission
Releases Report on Identifying and Preventing Harassment in the Construction Industry
WASHINGTON – The Equal Employment Opportunity Commission (EEOC) recently released Promising Practices for Preventing Harassment in the Construction Industry, a document that highlights key recommendations industry leaders can take to combat harassment in construction.
This document identifies promising practices for industry leaders to help prevent and address harassment in the construction industry. It recommends that general contractors take on a coordination and leadership role on the construction worksite. This document draws from and builds upon the EEOC’s existing resources on workplace harassment, including the 2024 Enforcement Guidance on Harassment in the Workplace, the 2016 Report of the Co-Chairs of the Select Task Force on the Study of Harassment in the Workplace (“the Co-Chair Task Force Report”), and subsequent companion documents on promising practices.[8] The practices discussed in this document may assist covered entities in meeting their legal obligations to maintain harassment-free workplaces and remedy harassment if it arises, which will in turn promote safety on the job.[9]
*Below is a Partial Excerpt from the EEOC’s June 18th Report:
APPENDIX A:
Construction Industry Risk Factors for Harassment
The C o-Chair Task Force Report identified a number of “risk factors” in a workplace that increase the risk of harassment.[16] The existence of one or more risk factors in a workplace does not necessarily mean that harassment will occur but may indicate an environment in which harassment may be more likely to arise. As such, it is particularly important for employers to remain vigilant and to take steps proactively to prevent harassment in industries where risk factors are present. Of the twelve risk factors identified in the C o-Chair Task Force Report, several are particularly applicable in the construction industry: 1. A homogenous workforce. The risk of harass-
ment may increase where there is a lack of diversity in the workplace. Women and certain people of color are historically and currently underrepresented in the construction industry, especially in the higher-paid, higher-skilled trades. Women make up just 11% of all workers in the construction industry—a figure that includes office and clerical positions— and only about 4% of workers in the trades, even though they make up 47% of the labor force.[17] Black workers were nearly 13% of the U.S. labor force in 2023 but less than 7% of the construction workforce.[18] Asian workers also make up a very small percentage of the construction workforce (1.7%) compared to their share of the overall labor force (6.9%).[19] In addition, Black and Hispanic or Latino workers and women are disproportionately concentrated in lower-paying construction jobs.[20]
2. Workplaces where there is pressure to conform to traditional stereotypes. Harassment may be more likely to occur where a subset of workers do not conform to stereotypes. Such workers might include, for example, a woman who challenges gender norms by presenting as “tough enough” to do a job in a traditionally maledominated environment like construction.
3. Decentralized workplaces. Decentralized workplaces—those enterprises where corporate offices are far removed physically and/or organizationally from front-line employees or firstline supervisors—may foster a climate in which harassment may go unchecked. For workers on construction sites, being unable to “go down the hall” to HR or lacking the ability to seek out a more senior person besides a direct supervisor,
continued on page 29
may make seeking advice or reporting harassment more challenging. The lack of proximity to a central headquarters may also embolden potential harassers, who feel less direct accountability. There are two additional features of construction worksites that can exacerbate the risk factors discussed above:
4. Worksites with Multiple Employers Present. Typical workers on a construction worksite might be employed by the project owner (the entity initiating the project and hiring the general contractor), a general contractor, or various subcontractors, or could be a self-employed specialist o r a temporary worker t hrough a staffing agency. Though technically employed by different entities, these workers may work alongside each other on a daily basis. This structure also introduces the additional challenge of a dynamic workforce in which project supervisors and coworkers may shift throughout a project’s duration. It also introduces additional complexity in identifying retaliation, since a complaining worker may experience retaliation from their own employer and potentially other employers. It differs dramatically from many S. workplaces, in which a single employer is responsible for,
and oversees compliance with, nondiscrimination requirements.
5. Cyclical, project-based work. Work in the construction industry can be highly cyclical with seasonal downturns and variable demand, and only a small fraction of workers are employed as permanent core staff for one company. Most construction workers move from contract to contract and from jobsite to jobsite and are laid off after a project ends. The temporary nature of the work may make construction employees particularly vulnerable to retaliation, due to fears about the impact to livelihood that can result if a worker is blacklisted in the industry following a complaint of discrimination. The transitory nature of construction work may also present challenges when seeking culture change because worksite leaders may need to set expectations and implement new reporting processes at every new project. Finally, underrepresented workers may be discouraged from reporting harassment due to the cyclical nature of the work after finding it necessary to “prove themselves” to coworkers and earn their trust and escape harassing treatment, the project ends, and the process starts all over again.
For the Complete Report go to: https://www. eeoc.gov/promising- practices- preventing harassment-construction-industry n
EARTHWORK MODELING
UCANE’S August Board Meeting
Held at GreatHorse in Hamden, MA
UCANE’s Board of Directors and a crew of Government Relations Committee members made their way out to Hamden, MA on August 14 for UCANE’s monthly Board of Directors Meeting and Government Relations Committee Meeting. With most UCANE business meetings being held South of Boston, this “Western Mass. Meeting” has been an annual event for the past six years. It gives our growing list of members with offices West of Worcester an opportunity to hear first-hand what issues UCANE has been working on. It gives these members a chance to meet our Officers and Board members, hear the current industry issues, and ask questions directly to the Board or to our “Man on the Hill,” Mark Molloy from Cascade Strategies, LLC.
Our Board meetings are all strictly business and this one was no different. But the amazing mountain vistas viewed from the beautiful glass conference room, that also overlooks several of the spectacular golf holes, may have tended to distract even the most diligent UCANE members. A delicious spread of hors d’oeuvres and cocktails were enjoyed as members did some networking or catching up prior to the meeting. Later in the meeting the group enjoyed a large selection of delicious sandwiches, freshly prepared by the GreatHorse chef.
Executive Director Joe Nolan distributed the meeting agenda’s and then began the meeting with introductions. Fifteen Board and Committee members, Mike Lenihan, and Mark Molloy all made the trek out West. Together with the 14 Western MA attendees, there was a nice turnout of 3 0 members and guests at the joint meeting. Joe thanked Jerry Gagliarducci (Gagliarducci Construction, Inc.) for coordinating the meeting at GreatHorse.
Mark Molloy began the meeting with some good news when he told the group that the Massachusetts Legislature’s current two-year session had just ended on July 31, the H ouse and Senate lawmakers began their five-month post-session recess, and that four important bills that UCANE had been opposing the past two years received no action and will need to be refiled in 2025. But the c heers quickly ended when Mark said some legislators are talking about opening the Statehouse during the recess…our Police Bill
continued on page 31
Board Meeting continued from page 30
stalled for another session…and CARB Regulations will take effect on January 1, 2025 and will have a major impact on every company buying or selling commercial trucks weighing over 8,500 pounds.
The Board meeting was chaired by PresidentElect Chris Valenti, who welcomed new member Blue Collar Customs into UCANE (Sponsored by Bill Leonard – Aqua Line Utility, Inc.), reviewed and approved UCANE accounts payable list, and discussed the status of 2024 Member Dues. A host of current issues were discussed including the West Parish Water Treatment bid ($300M) recently received by the City of Springfield. Several legal c ases of interest to UCANE were updated by our Legal Counsel, Bob Ferguson, Attorney for Hinckley Allen, LLP.
Joe Nolan provided final reports to the Board on our July Golf Tournament, the Trench Safety Stand Down Week, and our recent specifications committee meeting. He also updated the Board on the UCANE Employee Handbook, potential revisions to bylaws, and several upcoming events – including UCANE’s 70th Anniversary Banquet to be held on November 2.
As always, the two hours for these meetings went by very fast. They are always filled with information important to our industry and to UCANE businesses,
and there was plenty of participation from all attendees – both east and west!
The next Board of Directors meeting will be held in O ctober at the UCANE office in Q uincy. UCANE members are welcome to attend Board meetings if they have an industry issue they would like to discuss. n
We are BORING
Everything You Need to Know About Construction Site Control Points
The 4 ‘W’s of Control Points
Have you ever stopped and given control points a second thought? Probably not. However, we felt obligated to dedicate a blog to the importance of control points because without them, quite frankly, there would be nothing more to the jobsite. So, let's dig into the 4 Ws of Control Points and give them the attention they deserve!
WHAT is a Control Point?
We cannot talk about what a control point is without first defining what traversing is. A traverse is a series of points established on the jobsite connected through the measurement of angles and distances. These measurements are used in a process called traverse computations, which determine the relative location of the points to each other. In construction, traversing is used to establish control around a job site to lay out the structures. A control point is a point on the ground, or any permanent structure, whose horizontal and vertical location/position is known. Control points are used as a starting point of the surveyor's CAD.
WHEN Do I Need to Have Control Points in Place?
Immediately! Control points are the foundation for everything on the jobsite. Many times jobs are held up waiting for control points to be established. If your control points are wrong or inaccurate, everything else will be incorrect. You could've done everything else right, but your entire jobsite will be off if your control points are wrong.
For this reason, traversing is typically one of the first surveying activities performed since c ontrol is needed right away to see where the structures will be located. It is good practice to run a traverse around continued on page 35
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Control Points continued from page 33
the site and include the property corners as points in the traverse. This allows for the information on the site plan to be double-checked before beginning construction. This control will only be as good as the precision of the traverse.
WHERE Should the Control Points be Placed for My GPS Equipment?
There should be a MINIMUM of four points surrounding the jobsite. They should be placed on the ground in a hub, drill hole, pk nail, or iron rod - pretty much anything that can be in the ground that you can get the point of the GPS rod on. They should surround the site as much as possible. If you draw a line from point to point, it should close around the site.
They should also be placed in open sky - meaning not under trees, next to tall buildings, or high fences. The GPS communicates with satellites and radio signals. If you have a GPS in your car and go in a tunnel, it doesn’t work either. Finally, the information the contractor should receive from his surveyor is the X, Y, Z coordinate information of the point. This is also called the Northing, Easting, and Elevation of the point. This can be given to your virtual construction engineer in a variety of formats such as a CAD file, T XT, ASCII, CSV, XML, all of these would work. Even a pic of the coordinates in the survey field book works too.
WHY are Control Point Coordinates Critical?
The control coordinates must match the design CAD coordinates. In GPS terms, ‘Localization’ (also called Site Calibration, Transformation, or other terms depending on the software) is the mathematical process used to relate local grid coordinates to the GPS earth-centered, earth fixed ellipsoidal datum. In short, setting up the GPS and being in the same universe as the proposed design location.
If you can imagine control points as pins, the pins in the proposed CAD, and the pins in the survey, CAD must line up for everything to work. This lining up of the control (pins) is known as the process of aligning the proposed design to the survey CAD. The control points, which are in the survey CAD, have to be in the same coordinate system as the proposed design file. It would be best if you always asked for the survey CAD right away because they have the correct physical locations of the control points with the correct dimensions. We are often presented with a survey file c ontaining the control points in one coordinate system; however, the proposed design is in an arbitrary system. This typically happens because the proposed design was done independently of the surveyor’s CAD file. Before G PS days, the CAD was usually only used to create the PDF’s that would generate the plan set. This is no longer the case because, with the advent of GPS, the CAD is physically placed in a real-world environment. The design must be in the same coordinate system.
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Hunter Logue
How Snow Removal Services Can Be Well-Prepared for Winter
For those in the snow removal service industry, business demand hinges on unpredictable winter weather patterns. Though it’s challenging to forecast needs before the season begins, being over-prepared is always better than being caught off guard. According to the Farmer’s Almanac, the 2024-2025 winter season will be influenced by La Niña, a weather pattern marked by cooling in the central and eastern Pacific. This pattern is expected to bring stormy conditions and above-average precipitation to the Northeast and New England. Whether you're a newcomer to the industry or a seasoned professional, here’s how you can stay ahead of the game this winter.
While snow removal is designed to reduce hazards, new risks can arise. It only takes one incident to jeopardize a contract—or worse, your entire business. Protecting yourself from legal liability involves reducing exposure to potential risks by adjusting business processes, enhancing contracts, adopting new technologies, and seeking advice from a qualified insurance professional.
Before any contracted job, it’s essential to outline detailed procedures and ensure that employees follow them in the field. Key procedural steps include assigning specific snow removal locations, appointing a snow manager to oversee operations, and requiring employees to fill out written logs throughout the process.
These logs are invaluable for tracking progress and can serve as evidence in case of disputes. For instance, each job should be documented with the driver’s name, job time, weather conditions, snow accumulation, areas plowed, and the amount of salt used. Separate logs should be maintained for parking lots and sidewalks, alongside a log for cus -
tomer complaints. This systematic approach keeps you informed and prepared for any claims against your company.
Comprehensive contracts are crucial when working with both customers and subcontractors. Customer contracts should specify the scope of work, such as the snow depth that triggers service, the precise areas to be plowed, the contract duration, and property damage limitations (e.g., capping liability for damage caused
continued on page 39
Insurance Perspective continued from page 37
by plowing and setting timeframes for damage reporting).
Subcontractor agreements should include similar details and must require proof of insurance. Specifically, subcontractors should provide a c ertificate of insurance, and your business should be named as an additional insured on their general liability and motor vehicle policies for ongoing and completed operations on a primary and non-contributory basis.
Incorporating technology can enhance both the e fficiency o f your o perations a nd your a bility to defend against liability claims. Equipping every vehicle i n your fl eet w ith f ront a nd re ar d ash cameras and GPS tracking not only helps manage employee performance but also provides protection against false claims. Additionally, route optimization apps can streamline operations, ensuring your vehicles spend more time at jobsites and less time on the road. These apps can also help avoid road closures and heavy traffic d uring s evere w inter s torms, f urther i mproving efficiency.
No matter how meticulous you are, accidents happen. To safeguard your business from the financial fallout of an incident, consulting with an experienced insurance professional is critical. For example, in Massachusetts, general liability policies now allow the inclusion of “Snow and Ice Removal – C ontractor” under c lass c ode 9 9310. Standard auto and general liability policies often exclude snow and ice removal work, leaving businesses without coverage in the event of an accident. Working with a knowledgeable broker ensures that your coverage aligns with your operations, providing the protection you need without unnecessary expenses.
As winter approaches, it’s vital for snow and ice removal businesses to prepare thoroughly for any weather New England may experience. Proper preparation, especially through robust risk management, can set the stage for a successful season. With the right processes, contracts, technologies, and insurance coverage in place, your business will be ready to face the challenges of winter head-on.
Written by Hunter Logue, World Insurance Associates, LLC n
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UCANE Contractors Tackle
New England Mega Projects
Project Owners Rely on UCANE Contractors to Build Several of New England’s Most Complicated and Expensive Infrastructure Projects.
Support Terminal for Future Off-Shore Wind Projects
Beverly, MA – Public/Private Partnership
Cost: $300M Completion: December 2026
Designer: AECOM
Construction Manager: Crowley Maritime
J.V. Contractors: J.F. White Contracting Co., Inc. & D.W. White Construction Company
At the port of Salem, MA, about 20 miles north of Boston, where a 750-MW coal-and-oil-fired power plant operated for more than six decades, construction of a $300 million staging terminal is set to begin in October 2024. The new Terminal will support developing off-shore wind projects planned off the coast of Maine, New Hampshire, and Massachusetts.
The Massachusetts Clean Energy Center last year acquired 42 acres for the terminal in a $ 30 million purchase of part of the former 65-acre power plant site from port developer Crowley Maritime Corp., which bought it in 2022 several years after energy generation ended. A ECOM is the project design firm, with a joint venture of D. W. White Construction Co., Inc. and J.F. White Contracting Co. named general contractor. Work is set to finish by the end of 2026.
The facility will include two heavy-lifting berths for offshore wind component delivery and moorage of specialized turbine installment vessels, according to Crowley. Two heavy-lift sites will be able to berth ships up to 700 feet long, with enough load capacity to handle larger turbine components and supporting cranes, Tyson said. “Maintaining the high loadbearing standards of 4,000 and 3,000 [lb per sq f t] in
different areas is also critical to support storage and lifting operations of sensitive components,” he noted.
Most U.S. ports “were never designed to handle the weight of the turbine components that we will be handling here at the site,” Joe Choi, senior director for ports and waterfront structural engineer at Crowley unit Crowley Wind Services, told ENR. “The primary wharf will be supported on steel pipe piles and a reinforced deck,” he said.
The team also will build a pad supported on concrete piles and on a concrete slab, with dense grade aggregate to support component storage, Choi said. To handle the large volume of leftover power plant aggregate material, the contractor team developed a way to crush and cut material to meet specifications for dense grade aggregate. “We were able to keep all that material on site without exporting and minimal importing additional aggregate materials,” Tyson said.
The Salem terminal building team has obtained city and state permits and is working with the U.S. Army Corps of Engineers and Maritime Administration to complete environmental assessments, said Graham Tyson, Crowley vice president of port operations.
continued on page 41
Rendering of Proposed $300M Terminal in Salem Harbor to support future Off-Shore Wind Projects
UCANE Contractors continued from page 40
Route I-95 Bridge and Highway Contract No. I-95 15
Providence, Rhode Island – Public Bid/ Design/Build
Cost: $625M Completion: 2031
J.V. Contractors: Skanska, McCourt Construction Company, and Aetna Bridge
This challenging project was awarded on July 31, 2024. It is the largest Highway Project ever awarded by Rhode Island DOT. The scope of work includes replacing 10 bridges and removing five others along a 10-mile section of the busy I-95 corridor running through Providence Rhode Island. A ground breaking ceremony was held on August 16.
ments, median barrier upgrades, repaving the 10 mile corridor, and restriping highway lanes to accommodate autonomous vehicles.
The Skanska led Joint Venture will design the road and bridge changes and perform all the construction work on this 7-year project. When completed, it will raise the vertical clearance above I-95 and prevent trucks from hitting the undersides of the bridges. Nine of the bridge structures are currently rated as being in “poor” condition, and the remaining six are in “low-fair” shape, according to RIDOT. Additional scope includes new off-ramps, reworking Amtrak electric catenary cables under t wo bridges, flood control improvecontinued on
Rhode Island DOT awards 15 Bridge Replacements along Route 95 to Joint Venture of Skanska, McCourt Construction Company, and Aetna Bridge
Springfield, MA – Chapter 149 Public Bid by Prequalified GC’s
Cost: $300M Completion: December 2026
Designer: Hazen & Sawyer Engineers
Contractor: Walsh Construction Company
General Contractor bids for this complex project were receiveved on June 25, 2024. Commissioned in 1909, with upgrades added over the years, this Water Treatment Plant, located in Westfield, serves a population of 250,000 in Springfield and the surrounding area. The project generally consists of an extensive upgrade to all segments of the facility including a capacity expansion to 65 MGD. All work to be performed while maintaining existing flows and treatment operations. New work includes adding a dissolved air flotation (DAF) filtration process, raw and treated water conveyances, chemical feed equipment and storage, and a new dewatering facility. An upgraded electrical feed with emergency generators, workshop, laboratory, and other administrative spaces are part of the scope. Extensive site modifications include stormwater management, parking lots and roadway revisions, fencing, landscaping, and accessibility improvements. UCANE Contractors continued from page 41
“When Public or Private Owners build challenging projects, they count on UCANE contractors to get the job done.” n
Proposed Water Treatment Plant in Springfield, MA awarded to UCANE member Walsh Construction Company
Reconstruction of West Parish Water Treatment Plant
UCANE Hosts First Annual Charity Event at TOPGOLF to Benefit the Brain Aneurysm Foundation
On Wednesday, August 28, 2024, the Utility Contractors Association of New England, Inc. (UCANE) hosted its first-ever event at TOPGOLF in Canton, MA, in support of the Boston Chapter of the Brain Aneurysm Foundation (BAF). The evening was a resounding success, bringing together over 100 members and friends for an enjoyable night of networking, fun, and philanthropy.
From 6 p.m. to 9 p.m., attendees had the opportunity to engage in a range of activities. Many took to the golf bays, honing their swings while competing in friendly matches. Others gathered in the spacious event room, where southwestern cuisine and cocktails were served, providing a relaxed atmosphere for mingling and catching up with fellow UCANE members.
This event was particularly notable for its focus on engaging the next generation of young professionals within UCANE. It offered a perfect blend of professional networking and casual enjoyment, making it an ideal setting for members of all ages to connect.
The success of the evening was not only measured by the enjoyment of those in attendance but also by the significant funds raised for a vital cause. UCANE is proud to have supported the Brain Aneurysm Foundation, and the enthusiasm shown by members for this inaugural event bodes well for the future. Plans are already in the works to make this an annual tradition, and UCANE looks forward to hosting an even bigger and better event next year. n
Photos by Rachel
Thank You to Our Bay Sponsors
ATS Equipment, Inc.
Cullen, Murphy & Co., P.C.
Darmody, Merlino & Co., LLP
W. L. French Excavating Corporation
Umbro & Sons Construction Corp.
Thank You to Our Bar Rental Sponsor
E. J. Prescott, Inc.
Advantage Drug Testing is a new UCANE member specializing in drug-free workplace programs and FMCSA compliance. Company President, Ted Dawson brings 17 years of experience advising employers on the FMCSA regulations and compliance programs.
G et to K now Your uCA
ne
Serving Contractors, Municipalities, and Developers throughout New England Since 1999
AssoCiAte M e Mbers
GET TO KNOW YOUR UCANE ASSOCIATE MEMBER !!
WWW.LINDONGROUP.COM
WBE/DBE CERTIFICATIONS
RI-MA-CT-NH-ME-VT-NY-PA-NJ
DUNS 175895775
Ted Dawson Owner, President
310 Bourne Ave., Bldg. 67F
Rumford, Rhode Island 02916
Advantage provides complete drug and alcohol programs with on-site and 24-hour emergency response services. Driver qualification file management systems and on-site FMCSA physical exams are available to ensure compliance with FMCSA regulations.
Tel: 401-272-2081
DUNDUDUNS: 1758DUNS 95775DUNS: 175895
Serving Contractors, Municipalities, and Developers throughout New England Since 1999
Advantage supports over 300 employers with managing FMCSA drug-free workplace programs, including many UCANE members. UCANE member companies have provided the insightful comments below.
The Dow Company: “Since 2006, they have provided the drug and alcohol testing services we need to ensure compliance and save time for our team.” – Mike Dow
Editors of Construction Outlook magazine recently interviewed UCANE member Mindy Penney, Founder and CEO of Lindon Group, Inc. Our members and readers will get a closer look at Mindy’s successful company, her ingenuity, her commitment to the construction industry, and her thoughts on business opportunities moving forward.
Editors of Construction Outlook magazine recently interviewed UCANE member Mindy Penney, Founder and CEO of Lindon Group, Inc. Our members and readers will get a closer look at Mindy’s successful company, her ingenuity, her commitment to the construction industry, and her thoughts on business opportunities moving forward.
UCANE is strengthened when members give other members an opportunity to bid!
–
Q. Please give our readers some information on your background and experience, and how you started in the construction supply business?
Marcella Albanese
Q1 Please give our readers some information on your background and experience, and how you started in the construction supply business?
Editors of Construction Outlook magazine recently interviewed UCANE member Mindy Penney, Founder and CEO of Lindon Group, Inc. Our members and readers will get a closer look at Mindy’s successful company, her ingenuity, her commitment to the construction industry, and her thoughts on business opportunities
Albanese Brothers: “We prefer to work with local businesses we can trust, and I can’t say enough about Advantage Drug Testing. Since 2009, they have consistently provided us with the support we need. They are always ready and willing to answer questions and come to our job sites when requested. Advantage Drug Testing is an integral part of our team.”
Scituate Concrete: “They answer my questions in a timely manner, come on-site for our random testing and help keep us informed of and in compliance with, regulatory changes like the Clearinghouse. I have had only positive experiences when working with ADT.” –
Leanne Karagosian
Q1 Please give our readers some information on your background and experience, and how you started in the construction supply business?
UCANE is strengthened when members give other members an opportunity to bid!
I grew up in Providence, Rhode Island and graduated from Providence College (Go Friars!) with a BA in Social Work. Following graduation I moved to Boston and started my first real job as a recruiter. Just as I was getting fully immersed in my job and loving it and my life in Boston, my grandfather asked me to join him in the family textile business in Fall River MA. After 10 years and becoming CEO of one of the company’s divisions, the business was sold and I found myself unemployed, and looking for what was to come next.
Albanese D&S: “Since 2006, Advantage has consistently provided excellent compliance support for our business, answered our questions and sent technicians to our office and job sites. The office staff is great, providing friendly and knowledgeable customer service.” – Gilda Albanese
A. I grew up in Providence, Rhode Island and graduated from Providence College (Go Friars!) with a BA in Social Work. Following graduation I moved to Boston and started my first real job as a recruiter. Just as I was getting fully immersed in my job and loving it and my life in Boston, my grandfather asked me to join him in the family textile business in Fall River, MA. After 10 years and becoming CEO of one of the company’s divisions, the business was sold and I found myself unemployed, and looking for what was to come next. I founded Lindon Products in 1999 (merged with Lindon G roup Inc. in 2003) starting with a single product that I invented for my eldest daughter who has life-threatening food allergies and needed a safer way to carry her EpiPen to kindergarten. Long story short, I invented, manufactured and distributed the EpiMate to CVS pharmacy and other chains throughout the nation.
Lindon would quickly become an innovation factory, inventing, engineering, manufacturing, warehousing, and selling over 75 products across a variety of industries. A couple of other notable milestone prod-
I grew up in Providence, Rhode Island and graduated from Providence College (Go Friars!) with a BA in Social Work. Following graduation I moved to Boston and started my first real job as a recruiter. Just as I was getting fully immersed in my job and loving it and my life in Boston, my grandfather asked me to join him in the family textile business in Fall River, MA. After 10 years and becoming CEO of one of the company’s divisions, the business was sold and I found myself unemployed, and looking for what was to come next.
Shea Concrete: “Since 2010, Advantage has been providing us with excellent service. With both on-site testing capability and FMCSA compliance support, I have found the company to be a valuable resource.” – Greg Stratis
Mindy Penney, CEO of Lindon Group, Inc. ucts of ours are “The Pocket ETK” an explosive test kit that we invented for the military. This product would introduce us to the WBE program, and the process of bidding and winning government contracts.
The most relevant product for this interview is the REC Bag, an erosion c ontrol solution specifically designed for the construction industry, which continued on page 53
UCANE is strengthened when members give
Mindy Penney, CEO of Lindon Group, Inc
Lindon Group continued from page 51 we launched in 2010. This product not only marked our entry into the construction sector but also aligned seamlessly with my textile background. Over time, our expertise in erosion control naturally expanded into broader infrastructure needs, evolving our business into a full-service waterworks and infrastructure materials supplier and then to rebar fabrication. Today, we operate a 50,000-square-foot facility that includes a state-of-the-art rebar fabrication shop, a fleet of trucks, a robust inventory, and a dedicated team of 25 exceptional employees.
Throughout this incredible journey, Lindon Group has remained steadfast in its objective to deliver exceptional value and service to our customers. With over two decades of experience, we have earned our WBE/DBE c ertification as a regular dealer and manufacturer across the Northeast, establishing strong direct relationships with manufacturers, and continually expanding our capabilities to address the diverse needs of our clients' projects.
Q. Please tell us some of the services and products that Lindon Group offers, and in what geographic areas does your company solicit business?
A. Lindon Group offers a comprehensive range
of products and services through our three operating divisions: Water, Infrastructure, and Rebar Fabrication. Our Water Division supplies all major water, sewer, and drainage materials needed for utility projects throughout New England. Our Infrastructure Division supplies essential products for road and bridge repair, and large-scale construction projects. Our Rebar Fabrication Division supplies custom rebar solutions for various construction needs. Operating from our 50,000 sq/ft facility in East Providence, we stock an extensive inventory to meet immediate customer demands. With our team of estimators, project managers, fleet of trucks, and CDL drivers, we efficiently service projects from Maine to New Jersey, ensuring timely deliveries and on-site support.
Q. What are some of the major manufacturers that you represent that our UCANE contractors might be most familiar with?
Lawrence-Lynch Corp.
P.O. Box 913 • Falmouth, MA 02541
396 Gifford Street • Falmouth, MA 02540
PH 508-548-1800 • FX 508-457-1825
A. At Lindon Group, we have carefully chosen to represent manufacturers that align with our commitment to quality and customer satisfaction. In our Water Division, we work closely with industry leaders in pipe, valves, fittings, hydrants, and accessories such as McWane Ductile, Clow Valve, Lane Enterprises, Diamond PVC, and Neenah Foundry, to name a few. Our Infrastructure Division partners with Visit our website @ www.lawrencelynch.com
continued on page 54
White Bros. – Lynch Corp.
P.O. Box 155 • Oak Bluffs, MA 02557 20 Vineyard Ave. • Oak Bluffs, MA 02557
PH 508-693-0845 • FX 509-693-0312
and is Lindon Group contemplating adding any new services or products to its impressive portfolio?
top manufacturers such as SIKA, Watson Bowman, and Emseal, to deliver a comprehensive portfolio of Infrastructure construction and remediation products. For Rebar Fabrication, we work directly with the North American steel mills, including CMC and Nucor. These partnerships allow us to offer our customers not only competitive pricing and availability, but also c ustom solutions t ailored to their specific project needs.
Q. To what do you attribute your success, and what advice might you offer a young woman trying to start-up a business in the construction industry?
Looking ahead, we are cautiously optimistic about the economy as it relates to the construction industry. The influx of infrastructure funding presents significant opportunities, while advancements in construction technology opens new avenues for growth. We remain vigilant about potential market fluctuations and supply chain challenges. To adapt to these economic changes, Lindon Group is implementing strategies such as diversifying our product lines, enhancing our digital capabilities, and streamlining operations. Our status as both a DBE and WBE uniquely positions us to support projects with specific diversity requirements. As for future growth, we are exploring new branch locations, expanded trucking capabilities, and introducing more sustainable product lines to meet evolving industry demands. These initiatives align with our core objective to become our customers' number one problem solver, ensuring we remain agile and responsive to market needs.
A. Our success at Lindon Group can be attributed to our unwavering commitment to our mission and core values. Per our Mission Statement, “To be a light in a dark place, by doing what is right not easy, to glorify God.” These values guide our day-to-day operations and long-term strategies, ensuring we always prioritize our employee’s wellbeing, and our customer’s needs. I take pride in the experience that myself and our team has in this business and we strive for excellence in fulfilling every order and delivering it on time. Lindon G roup is a qualified and respected DBE/WBE in the industry but only by providing top notch service and competitive pricing could we have attained this level of success and longevity.
For young women entering the construction industry, my advice would be to build a strong company culture based on integrity and customer service. It's crucial to put yourself out there, actively network, and never shy away from challenges. Align yourself with companies and mentors who share your vision and values. Remember, your unique perspective as a woman in this industry can be your greatest strength. Use it to innovate and problem solve in ways others might not.
Q. Looking ahead, how do you feel about the economy as it relates to the construction supply business, and is Lindon Group contemplating adding any new services or products to its impressive portfolio?
A. Looking ahead, we are cautiously optimistic about the economy as it relates to the construction industry. T he i nflux of i nfrastructure f unding p resents s ignificant o pportunities, w hile ad vancements in construction technology opens new avenues for growth. We remain vigilant about potential market fluctuations a nd supply c hain c hallenges. To ada pt to these economic changes, Lindon Group is implementing strategies such as diversifying our product lines, enhancing our digital capabilities, and streamlining operations. Our status as both a DBE and WBE uniquely positions us to support projects with specific diversity r equirements. A s f or f uture g rowth, we are exploring new branch locations, expanded
trucking capabilities, and introducing more sustainable product lines to meet evolving industry demands. These initiatives align with our core objective to become our customers' number one problem solver, ensuring we remain agile and responsive to market needs.n
Massachusetts $300M Offshore Wind Terminal
Starts as Key Sector Boost
Crowley Maritime is port facility CM with D.W. White and J.F. White named contractors and AECOM as designer
Massachusetts approved a public-private offshore wind assembly complex at the port of Salem, its second, as its giant 62-turbine Vineyard Wind generation project pushes to recover from the July collapse of a turbine blade that has so far suspended construction and operation. Image courtesy of Crowley Maritime Corp.
At the port of Salem, Massachusetts, about 20 miles north of Boston, where a 750-MW coaland-oil-fired power plant operated for more than six decades, c onstruction of a $ 300-million offshore wind energy staging terminal is set to begin to support developing projects and re-energize wind sector growth after recent setbacks.
The Massachusetts Clean Energy Center last year acquired 42 acres for the terminal in a $ 30-million purchase of part of the former 65-acre power plant site from port developer Crowley Maritime Corp., which bought it in 2022 several years after energy generation ended. AECOM is the project design firm, with a joint venture of D.W. W hite C onstruction and J.F. White Contracting Co. named general contractor. Work is set to finish by the end of 2026.
Funding for the Salem terminal includes a $34-million grant from the U.S. M aritime Administration and about $80 million in state infrastructure funding, as well as private investment. “Crowley will lead private sector financing and leverage our previously announced partnership with Morgan Stanley Infrastructure Partners for other project funding,” said the marine contractor, which also is the terminal construction manager and will operate it. Crowley did not disclose its stake in the terminal, which would support both fi xed-bottom and fl oating offshore wind projects.
Massachusetts, which has a net-zero carbon emissions goal by 2050, also received $ 389 million in federal funding to expand transmission for offshore wind, along with other New England states. Governor
continued on page 56
Wind Terminal continued from page 55
Maura Healey (D) said the state “is well-positioned to support the growing offshore wind industry.”
Under a project labor agreement signed in July, 20% of the workforce will be union apprentices, with goals also set for hiring minority and women workers. In February, Salem finalized a $9-million “community benefits” agreement with Crowley that includes nearly $4 million in education investment.
More Port Upgrades
The Salem site would be the state’s second major port terminal facility, with the 3 0-acre New Bedford Marine Commerce Center that was completed in 2015 also set for expansion, the state's clean energy agency said August 15. Work will include redevelopment of an existing legacy bulkhead and increased heavy-lift quayside to 1,200 linear ft. The agency committed $ 45 million to the project, set to finish in December 2026. It also plans to apply for federal grants and pursue funding from private sources.
The New Bedford terminal is closer to more southern New England project sites planned, but the port's narrow opening can't accommodate larger vessels built in more recent years.
The port expansions come despite project and developer financial problems in recent years due to inflation and supply c hain pressures that resulted in restructured power sale terms and some project cancellations.
But with the Biden administration pushing harder to meet a 3 0-GW by 2030 goal for U.S offshore wind development, the U.S. Interior Dept. approved in April construction of the 2.6-GW New England Wind, a two-part project of up to 129 turbines to be built about 30 miles from the state’s southern c oast. Financially restructured from t wo c ancelled projects, its first 791MW phase could start construction next year.
The department and the state of Maine also signed on August 19 the first U.S. fl oating offshore wind research lease in a 15,000-acre deep water area in the Gulf of Maine about 28 nautical miles offshore, with up to 12 fl oating wind turbines totaling 144 MW to be deployed. Maine designated Pine Tree Offshore Wind as the operator of the research lease. The research will “inform responsible commercial fl oating offshore wind development in the future,” Interior said, focused on innovative technology and protecting marine industries and resources.
Interior also is assessing environmental impacts of proposed lease sales at eight Gulf of Maine sites continued on page 57
off Massachusetts, Maine and New Hampshire. No date has yet been announced for these. Bidders could gain c redits in c ommitting to fl oating wind workforce and supply chain investments. The proposed sales come “at a critical time in New England’s energy transition,” the Sierra Club said earlier this year. The region’s last t wo c oal-fired plants, both located in New Hampshire, are set to retire operation in 2025 and 2028.
Terminal Heavy Lifting
The Salem terminal building team has obtained city and state permits and is working with the U.S. Army Corps of Engineers and Maritime Administration to complete environmental assessments, said Graham Tyson, Crowley vice president of port operations.
The facility will include two heavy-lifting berths for offshore wind component delivery and moorage of specialized turbine installment vessels, according to Crowley. Two heavy-lift sites will be able to berth ships up to 700 ft long, with enough load capacity to handle larger turbine components and supporting cranes, Tyson said. “Maintaining the high loadbearing standards of 4,000 and 3,000 [lb per sq f t] in different areas is also critical to support storage and lifting operations of sensitive components,” he noted.
Most U.S. ports “were never designed to handle the weight of components that we’re marshaling here at the site,” Joe Choi, senior director for ports and waterfront structural engineer at Crowley unit Crowley Wind Services, told ENR. “The primary wharf will be supported on steel pipe piles and a reinforced deck,” he said.
The team also will build a pad supported on concrete piles and on a concrete slab, with dense grade aggregate to support component storage, Choi said. To handle the large volume of leftover power plant aggregate material, the contractor team developed a way to c rush and c ut material to meet specifications for dense grade aggregate. “We were able to keep all that material on site without exporting and minimal importing additional aggregate materials,” Tyson said.
Massachusetts is pushing forward despite work interruption for the V ineyard Wind 1 project—the first utility-scale offshore wind facility in the U.S. to start construction—when a 3 51-ft-long blade c ollapsed in mid-July from a giant 13.6-MW turbine, sending debris into the ocean and onto beaches on Nantucket Island, 20 miles south of Cape Cod.
continued on page 59
“Uncrimped Pipe”
Megaproject Seeks Recovery
The event suspended further construction of the project’s planned 62 turbines and power production from the 10 now operating while developer and federal investigations c ontinue. Federal officials on August 13 permitted V ineyard Wind to c ontinue turbine installation “not associated with the blade event,” such as 850-ft-high towers, foundations and nacelles that contain turbine generating components.
Turbine manufacturer and builder GE Vernova, whose CEO attributed the break to a production quality-control error, said it is inspecting all Vineyard Wind blades in place and awaiting installation—reviewing thousands of ultrasound images captured during blade manufacturing to detect "anomalies."
GE Vernova Chief Sustainability O fficer Roger Martella said the company is physically inspecting blades and also using advanced remote-controlled crawler robots equipped with video c ameras and fiber optic sensors that can detect stress in rotating blades. It also developed a new algorithm that will offer “several hours to even days of notice of anything like this ever recurring,” he said.
Removal of turbine blade debris is underway by Resolve Marine, the contractor that also supported recovery after the March 26 collapse of the Francis Scott Key Bridge in Baltimore. “GE Vernova and Vineyard Wind have developed a comprehensive plan to recover the remaining AW-38 blade in incremental steps,” the companies said.
Steps in the plan include blade rotations “to reduce hanging blade and possible controlled cutting,” removal of the blade root still installed in the hub, recovery of fallen debris from the turbine platform and “addressing” blade remnants on the ocean fl oor. The firms have disclosed no timeline for c ompletion of that work. Their ongoing probes and those by Interior also have unclear end dates.
“Unfortunately, we fully expect this will happen again,” said Jerry Leeman, CEO of the New England Fishermen’s Stewardship Association, which opposes accelerated offshore wind energy development. “We do not yet know the cause of [the] incident. But we do know that no human structure can forever withstand the corrosive power of the ocean.”
Governor Healey emphasized that the state is “going to fi gure o ut a nd g et to t he b ottom of w hat happened [at the Vineyard Wind site]. But let's be
continued on page 60
Wind Terminal continued from page 59
clear about this—we are invested highly in this industry.”
It is not clear if the blade break will affect the project's existing lease at the New Bedford terminal, which expires D ecember 31 w ith a n o ption to extend 90 days. Developers of the SouthCoast Wind project signed a facility lease with the state in April, with a $15-million investment made and plans to take control in 2029, according to one local report.
Meanwhile, bidders are awaiting word in early September on new project proposals submitted jointly to Massachusetts, Connecticut and Rhode Island. M assachusetts s eeks 3 .6 GW as i t p ushes to meet a mandated 5.6 GW contracted by 2027, with the total three-state procurement targeting 6.8 GW. Those proposed already include the 1.2-GW Vineyard Wind 2 project and SouthCoast Wind's 1.2-GW project. Avangrid submitted several proposals for the 791-MW New England Wind 1 and 1.08GW New England Wind 2, and Orsted proposed the 1.18-GW Starboard Wind project to Connecticut and Rhode Island only.
Reprinted from ENR NewEngland, ENR.com. Written by Johanna Knapschaefer, Debra K. Rubin. n
Workplace Violence at Construction Sites
As we enter the height of the presidential election season, extreme polarization of the voting population can trigger violent actions at venues where people congregate, such as the workplace. Workplace violence at construction sites is a particular concern due to the nature of the work environment, which can be physically demanding and stressful.
Construction site workplace violence may take several forms. According to Zippia, the online job search site, 93.8% of c onstruction workers are male. Therefore, it should come as no surprise that construction site workplace violence often t akes the form of physical violence, such as fi ghts between workers or between workers and supervisors. Workplace violence does not necessarily have to be physical. Threats (explicit or implied) and yelling are forms of verbal abuse. Bullying often involves repeated negative actions towards a worker, such as exclusion, belittling, or spreading rumors.
While the construction industry has historically consisted of male-dominated workplaces, times are changing, and women are now often part of construction c rews. Some males find it difficult to accept the fact that a woman can do the work of a man and do it well. So instead of just accepting that a woman can do the job, some workers make comments, gestures, and references to gender that most women would find offensive. O thers may make unwanted sexual advances, threaten physical harm, sabotage work, or create dangerous work situations. All these examples fit the definition of sexual harassment.
Several risk factors increase the likelihood of construction site workplace violence. First of all, construction sites can be high-stress environments. Tight deadlines, long hours, and demanding physical work
can increase stress levels and lead to c onflicts. The second risk factor has to do with substance abuse. Around 15% of all construction workers in the United States have a substance abuse disorder compared to 8.6% of the general population of adults, according to data from the National Survey on Drug Use conducted by the Substance Abuse and Mental Health Administration. The use of alcohol or drugs on-site can escalate violent behavior. The third risk factor relates to diversity. Cultural, language, or gender differences can lead to misunderstandings or discrimination. Finally, poor management practices, such as lack of clear communication, inadequate supervision, and insufficient c onflict resolution mechanisms, c an contribute to violence.
continued on page 62
Nancy Hughes, President
OHS Training & Consulting, Inc.
The fallout from construction site workplace violence may have legal and regulatory consequences. Section 5(a)(1) of the Occupational Safety and Health Act, also known as the General Duty Clause, requires employers to furnish a workplace which is free from recognized hazards which may cause or are likely to cause death or serious physical harm; this includes taking measures to prevent workplace violence. In addition, the construction employer must be in compliance with state and local laws regarding workplace safety and violence prevention.
When an incident of construction site workplace violence occurs, how should an employer respond? An employer should take immediate action to ensure the safety of all employees by addressing the situation promptly and appropriately. This immediate action should include conducting a thorough investigation to understand the root cause of the violence and then taking appropriate corrective actions. With regard to the victim(s) of construction site workplace violence, the employer should provide medical and psychological support to all affected individuals. Lastly, employers should regularly review safety policies and improve them based on lessons learned from past incidents.
The best approach to construction site workplace violence is to endeavor to prevent problems before they arise. Preventive strategies include:
1. Training and Awareness: Training employees in nonviolent response and c onflict resolution has been suggested to reduce the risk of volatile situations. However, this is not a sole prevention strategy; it should be a component in a more comprehensive approach to workplace safety. These trainings should emphasize prevention policies, adherence to administrative controls, and increased knowledge and awareness of the risks of workplace violence.
2. Clear Policies: Establish and enforce policies on workplace behavior, including zero tolerance for violence in all its various forms.
3. Reporting Mechanisms: Implement anonymous reporting systems for workers to report incidents without fear of retaliation. Encouraging workers to report any incidents without fear of reprisal creates a transparent environment where issues can be addressed swiftly and effectively. It is crucial that management takes every report seriously and investigates thoroughly to ensure a just resolution.
continued on page 63
Products
4. Conflict Resolution: Provide training in c onflict resolution and stress management techniques.
5. Security Measures: Increase security presence, use surveillance systems in key locations, and control site access.
6. Support Services: Offer employee assistance programs (EAPs) and counseling services. These programs can be particularly useful in stemming episodes of workplace aggression that occur in part due to alcohol or substance abuse. Alcohol and substance-abuse in general drive aggressive behavior and the presence of programs that help these employees deal with their problems in a nurturing manner can prove useful in addressing problems that are related to stress, depression, and domestic violence.
By taking aim at these preventive strategies, construction sites can become safer workplaces, reducing the incidence of violence and promoting a healthier work environment for all employees. For more information on construction site workplace violence, go to https://www.osha.gov/workplace-violence n
Driving in Massachusetts
“rules of the roaD” to reMeMber
The Commonwealth has some unique laws that govern operation of motor vehicles that can often challenge out of state drivers and bay-staters as well.
Cell Phone Usage in the Car: Effective from February 23, 2020, the Massachusetts Hands-Free law prohibits operators of motor vehicles from using any electronic device, including mobile telephones, unless the device is utilized in hands-free mode. The primary goal of this law is to reduce distracted driving and improve road safety for all.
Drivers Aged 18 and Over: Electronic devices and mobile phones may only be used in hands-free mode. Holding or supporting any electronic device/phone while driving is prohibited.
Devices can be touched only to activate the hands-free mode, and must be properly mounted to the windshield, dashboard, or center console in a way that does not obstruct the operation of the vehicle. Drivers are not permitted to touch devices for purposes of texting, emailing, using apps, watching videos, or using the internet. The activation of GPS navigation is permitted if the device is properly mounted.
Handheld use is only permitted if the vehicle is both stationary and not situated in a public travel lane or a bicycle lane. However, handheld use is prohibited at red lights or stop signs.
The use of voice-to-text and communication to electronic devices is legal only when the device is properly
mounted; use of a headphone (one ear) is permitted.
Drivers Under the Age of 18: No use of electronic devices while driving is permitted. This includes usage in hands-free mode.
Seatbelt Use: It is illegal to drive without using a seatbelt yourself, or without all occupants being belted in or in a proper child seat/restraint device. A police officer c annot pull you over and issue a ticket if you or a passenger is not wearing a seatbelt, unless you are stopped for a traffic violation. Drivers of taxis, livery vehicles, police and fire vehicles, postal delivery vehicles, and buses are exempt. Passengers in emergency vehicles are also exempt.
Helmets for Motorcycle Riders: Drivers and passengers on motorcycles must wear “protective head gear” conforming with state standards, according to the law. Bicyclists age 16 and younger must also wear safety helmets.
Motorcycle Lane-Splitting: Lane-splitting is not allowed, but two motorcycles may legally ride side-by-side in the same lane. Bicyclists age 16 and younger must also wear safety helmets.
Passing on the Right: The law requires drivers to keep right unless turning or passing. Passing other driv-
continued on page 66
Driving in Mass. continued from page 65
Use of Headlights: Your headlights and taillights should be tur ned on 3 0 minutes after sunset, and also used until 3 0 minutes prior to the sunrise, as well as any time that visibility is less than 500 feet. If you are using your wipers because of the weather, your low beams should also be on. Drivers must also use their headlights when they are inside a tunnel.
Making Turns on Red: You may turn right at a red light after stopping and yielding to pedestrians, unless it is prohibited. Left turns on red can be made only from a one-way street and onto a one-way street, if not prohibited. Fun fact: Massachusetts was the last state in the US to allow right turns on red (in 1980), and still prohibits the practice at a great many intersections. Watch out for “No Right Turn On Red Light” signs!
Minimum Following Distance: There must be at least two seconds of space between you and the car ahead, whatever legal speed you are going.
walk, pedestrians have the right of way if they are in the path of a driver, or if they are within 10 feet of the halfway point in the road. Drivers may not pass a vehicle that has yielded the right of way to a pedestrian, nor should they block a crosswalk. If a pedestrian is injured by a driver in a marked crosswalk, an investigation will be conducted, and if deemed appropriate, civil or criminal violations will result in a citation, or even a criminal complaint.
Driving under the influence of alcohol: Don’t do it! Massachusetts has very severe penalties, and
Pedestrians: If a driver is approaching a cross -
continued on page 67 ers going in the same direction should be done only on the left. Passing on the right is allowed if you are on a physically divided highway (with a median barrier), and you have at least two lanes on your side of the road.
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they are enforced! The blood alcohol limit is 0.08%, but you can be charged at a lower level, if your actions show that you were affected by the alcohol you ingested.
Smoking Marijuana: While marijuana is legal within the state, it is illegal for anyone to operate a vehicle under the influence of marijuana.
CDL Licensed Drivers: Must abide by the stricter of either Federal or State Laws.
Bicycles: Drivers must stay at least four feet away from bicycle traffic. Drivers must yield to an oncoming bicycle turning left. At intersections, drivers must stop at the stop line to allow pedestrians and bicyclists to cross safely. When turning right, drivers must yield to pedestrians and cyclists who are crossing. When a bicycle box (which allows bicyclists to safely turn when approaching a red-light intersection) is marked on the pavement, drivers must stop behind the bicycle box (even when it’s empty) and wait for a green light.
Heavy Trucks, Bicyclists,
and Pedestrians: Statecontracted private trucks that are Class 3 or 10,000+ lbs. will be required to be equipped with “lateral protection devices” (safety side guards), convex and cross-over mirrors, and backup cameras to reduce fatalities of persons walking or biking. Such trucks to be properly equipped by January 1, 2025.
Leaving Children Alone in
the Car: While Massachusetts does not have a law specifically prohibiting leaving children alone in your car, authorities may criminally charge caregivers under the state’s existing endangerment laws.
Leaving Pets Inside Vehicles: Massachusetts laws prohibit drivers from leaving pets unattended in vehicles during extreme hot or cold weather. Punishments can range from fines up to $1,000 to one year in jail. After making reasonable efforts to locate a motor vehicle’s owner, an animal control officer, law enforcement officer. a fire fighter, or a Good Samaritan (only after calling 911) may enter a motor vehicle by any reasonable means in order to protect the health and safety of an animal.
Children Riding in Pickup Trucks:
Children under age 12 may not ride in the bed of a pickup truck.
Speed Limits: There are some general rules for speed limits in the state of Massachusetts. These will apply, unless posted signage indicates a different limit:
• School zone 20 mph
• Inside thickly settled or business districts 3 0 mph
• Maximum residential limit 30 mph
• Undivided highways outside thickly settled or business districts 40 mph
• Highways outside thickly settled or busines districts 50 mph
• Two-lane (same direction) roads 55 mph
• Highways, freeways, and interstates 65 mph n
How the Opioid Crisis Impacts the Construction Industry
Understanding the factors underlying substance misuse & how employers can address it
The Centers for Disease Control and Prevention (CDC) reports the number of overdose deaths in the U.S. has more than doubled in the past five years. Over 105,000 A mericans died from all overdoses in calendar year 2022, and approximately 70% of all overdose deaths in the U.S. are attributed to opioids. Almost 70% of all opioid deaths are due to synthetics, especially fentanyl.
For more than two decades, the U.S. has felt the impact of this epidemic. Overdose deaths inflict a toll on families, workplaces, communities and the national economy. The opioid crisis impacts every socioeconomic class and demographic in the country. Every year, a portion of working-aged adults and youth is lost to overdoses. Nationally, the age group most affected by overdoses is those aged between 25-34 years. Males account for 71% and females comprise 29% of all overdose deaths.
A recent CDC report c onfirmed the c onstruction and extraction industries have been hit hard by the opioid crisis. The report, released on August 22, 2023, is titled “ Drug Overdose M ortality by Usual O c -
cupation and Industry: 46 U.S. States and New York City, 2020.” The construction and extraction industries had the highest rate of overdose deaths in 2020, the first year of the pandemic.
This is the first time there has been national data highlighting the impact of the opioid on industry groups and occupations. The rate per 100,000 workers was reported as 162.6 per 100,000 workers. Isolating the construction industry from the extraction industry, the rate falls to a lower level of 130.9 per 100,000 workers. This number is almost three times higher than the rate of suicide for the construction industr y reported as 45.3 per 100,000 workers.
Musculoskeletal Injuries Contribute to Opioid Use in Construction
A major contributing factor for opioids in construction stems from the high frequency of musculoskeletal injuries affecting construction workers. The Center for Construction Research and Training highlights approximately 3 4% of c onstruction workers
continued on page 71
• Pre-mark the location of intended excavation using white stakes, paint or flags.
• In MA, ME, NH, RI and VT, notify Dig Safe® at least 72 hours in advance, not including weekends and holidays.
• Notify non-member facility owners.
• Maintain the marks placed by underground facility owners.
• Use caution and dig by hand when working within 18” of a marked facility.
• If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.
• Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety.
• Know your state’s excavation requirements.
• Go to digsafe.com for educational material and current laws.
have at least one musculoskeletal disorder — which can lead to opioid prescriptions.
Despite opioid prescriptions declining for 13 c onsecutive years, prescription medications for on- and off-the-job injuries continue to be a source of new persistent opioid use in construction. “In Waging a Counterattack Against Opioids in the Workplace & at Home,” the increased frequency of opioid prescriptions among construction workers is highlighted. Moreover, prescription doses tend to be 20% stronger and for 20% longer durations.
Action Steps for Construction Leaders
There is a need for urgent and focused action to address the impact of opioids and other substances leading to overdoses.
1. Initiate a discussion among the company’s leadership team to intentionally break down stigma associated with substance misuse and substance use disorders.
Discuss the operational and financial toll substance misuse has on the company and its workforce. The National Safety Council’s employer substance use cost calculator is an effective tool at quickly looking at the effects substance misuse has to the company and on the workforce.
2. National nonprofit SAFE Project (Stop the Addiction Fatality Epidemic) uses the No Shame Pledge form as a means of breaking stigma associated with substance misuse.
Company leaders are increasingly signing and posting the No Shame Pledge at company locations and on social media to encourage employees to seek support for themselves and family members.
3. Identify resources and services available to employees and family members seeking support for substance misuse addiction treatment and recovery.
This includes understanding the resources and services available from a company- or union-sponsored employee health benefits programs, including the employee assistance program (EAP).
An increasing number of companies are sharing information about recovery programs, including 12-step programs, like Alcoholics Anonymous and Narcotics Anonymous. SMART Recovery is another option, which stands for Self-Management and Recovery Training.
The US Substance Abuse Mental Health Service Administration (SAMHSA) operates a National Helpline. Calling 8 00-662-HELP (4357) is a free, confidential, 24/7, 3 65-day-a-year treatment referral
continued on page 72 Opioid Crisis continued from page 69
Opioid Crisis continued from page 71 and information service (in English and Spanish) for individuals and families facing mental and/or substance use disorders.
4. Review Worker’s Compensation injury reports to identify operations and work practices with high potential for musculoskeletal injuries.
Double-down on injury prevention to reduce the frequency and severity of soft tissue sprain and strain injuries.
5. Provide basic education on opioids in toolbox talks or in conjunction with daily safety huddles on risks of opioids.
Teach employees about the availability of alternative non-opioid pain management medications. Reinforce the importance of everyone becoming an advocate for themselves and their family members scheduled for any medical, surgical or dental procedures to minimize unnecessary exposure to opioids.
The Center for Construction Research and Training has compiled various resources that can help with developing supervisory and employee education: cpwr.com/research/research-to-practice-r2p/ r2p-library/other-resources-for-stakeholders/mental-health-addiction/opioid-resources/. One such resource is the “Workplace Guidelines to Prevent Opioid and Substance Abuse for the Construction
Trades,” which provides an understanding of how opioids and substance misuse impact construction.
6. Consider distributing at-home drug deactivation and disposal products to employees in conjunction with an education program on opioid risks.
Drug deactivation products help properly dispose of leftover opioid pills after prescriptions for on- and off-the-job injuries and surgeries. Research shows 90% of patients receiving pain medication do not properly dispose of the leftover pills. This increases the household risk of overdose deaths due to the diversion of the leftover pills.
7. Consider the benefits of stocking naloxone (Narcan) in your workplace and projects/jobsites.
The US Food and Drug Administration (DFA) approved two naloxone products in 2023 for over-the-counter use: Narcan on March 29 and RiVive on August 3 It is important to understand the Good Samaritan and naloxone access laws that exist in the state in which you are considering stocking naloxone. The Legislative Policy Analysis and Public Policy Association (LAPPA) and SAFE Project have compiled updates for both these topics:
• SAFE Project
• LAPPA
Written by Cal Beyer, Sr. Director, Safe Workplaces; SAFE Project. n
Framingham's Sewer System Is a 'Ticking Time Bomb Underground'
DPW Director, Bob Lewis, gave that dire warning at the 8/20 City Council meeting when explaining the July 30 675,000 gallon sewage spill.
On August 20, 2024, at a City Council meeting, the following agenda item was discussed:
‘An update with the Director of Public Works regarding a recent sewage overflow.’
The agenda item was not a standard one, rather it was specially requested by City Councilor Adam Steiner. Thanks to him, we now have some insight into the state of the sewer system in Framingham. It is remarkable, but true, that there is no regular reporting required by the City Council on the state of city infrastructure: roads, roofs, water & sewer system, even when emergencies occur.
That really needs to change!
Read on.
On July 3 0, 2024, there was a leak of 675,000 gallons of sewage into the Sudbury river in the vicinity of 72-74 Main St. The location is not far from the vacant Staples store and Trader Joes on Rt 9.
Replacement of a 20 foot section of leaking sewer pipe, located in wetlands, took from 4:30 p.m. on July 3 0 to 9 a.m. on July 31, required 13 septic pumper trucks, 22 staff, including 5 managers, and cost $110,000. The effort was well described by Steve Leone, Water & Wastewater Director.
Steve explained that normally $110,000 would pay for the replacement of about 400 ft of sewer pipe, so the cost for replacement of 20 ft was extreme due to the emergency circumstances. He also explained that the root cause of the problem was the fact that the cast iron sewer pipe ran through wetlands which are acidic, so that the acid eats away at the metal pipe and failure eventually occurs. The pipe which
failed was what is called a force main, which is a pipe where the sewage is pumped through under pressure, unlike other sewer pipes where gravity i s sufficient to ensure a sufficient fl ow through the pipe.
Under questioning from City Councilor Brandon Ward, as to how bad the sewer pipe problem is across the city, Steve Leone explained that there was another very similar situation at the Gates Rd Pump Station where a force main also runs through wetlands. The picture shows the setup:
The danger of the situation is emphasized by the fact that, as c onfirmed to me by Bob Lewis, Director of Public Works:
1. The pipe (shown in pink) is cast iron.
2. It was installed in 1953.
3. The useful life for such a pipe is about 50 years, so it is 21 years beyond that.
4. It runs about 700 ft through the pond.
continued on page 74
Framingham’s Sewer System
continued from page 73
Replacement of this pipe and the Gates Rd Pump Station will not occur till some time late in 2026 or later, at least 2 years out.
That would appear to anyone as an accident waiting to happen.
The bottom line, as Bob explains, is that Framingham needs to get on with addressing the problem and engage in a constant cycle of sewer system pipe and pump station replacements for the next decade or two.
Viewed in this context, the fact that the Mayor slashed the FY25 capital budget to $25 million from $75 million in FY24 and ditched the entire FY25-29 Capital Improvement Plan, would give any observant community member heart palpitations. Although City Councilors Adam Steiner, Brandon Ward, Noval Alexander, Christine Long and Leslie White Harvey showed a high level of concern about the situation, the Mayor and the Finance Subcommittee leadership – City Councilors George King and Mike Cannon – were totally silent on the infrastructure crisis we are obviously in.
It seems imperative that from here on out, there should be quarterly reporting in detail by the Department of Public Works on the city’s critical infrastructure: water & sewer, and the roads.
Notably, in an addendum to his commentary on the sewer system, Bob Lewis put in a plea for increased funding for the roads as well, as the PCI (Pavement Condition Index) is steadily dropping, i.e. the roads are getting worse every year. DPW asks for $ 8.5 million each fiscal year and only gets $2.0 million.
There is a giant crumbling infrastructure problem in the city which needs immediate attention.
The C ity C ouncil s hould fi rst d emand r egular, detailed reporting on infrastructure and then insist that the Mayor explain how we got into this situation after almost three years of his t erm i n o ffice, a nd ho w h e i ntends t o so lve the problem.
Reprinted by patch.com. Written by Geoff Epstein. n
Cape Cod’s Freshwater ponds
“Section 208 advances to protect the Cape’s coastal waters, but are fresh water ponds and lakes being overlooked?”
seCtion 208 progress
When Cape Cod is mentioned, most people naturally think about the beautiful saltwater beaches that surround the odd shaped 65-mile long peninsula – that contains over 500 miles of coastline. Preservation of these coastal resources is at the heart of the Cape Cod Commission’s 208 Plan. The goal of this Plan, motivated and approved by EPA, is to clean up and protect from contamination the Cape’s beaches, embayments, estuaries, and ultimately the Cape’s sole source drinking water aquifer. The principal threat to the water resources on Cape Cod has been determined to be nitrogen contamination created m ostly by 130,000 underground s eptic systems that existed in 2018 throughout the 15 Cape Cod towns.
The most cost effective and permanent solution to resolve the nitrogen threat to Cape Cod’s water resources (and the resultant impact to the Cape’s economy), after years of study, has been determined to be:
1. Expand existing or create new public sewer systems;
2. Increase sewage treatment capabilities;
3. Eliminate most septic systems within most Cape Cod watersheds
Cape Cod consists of approximately 150,000 separate parcels of property. In 2018 about 20,000 parcels (13%) were served by municipal sewer systems in only a few towns – mostly Barnstable and Falmouth. The current 208 Plan proposes to eliminate septic systems and provide sewer service to another 80,000 parcels over the next 3 0 years. Every Cape
Cod Town will participate in the 208 Plan in varying degrees and some alternative technologies can be available in special circumstances, particularly inland areas at mid and upper Cape towns. The 208 Plan can be modified based on new data and technologies that may become available. The cost of the Plan is estimated to be $2.0B and is being paid for through Federal, State and local funds.
Work on the 208 Plan began in earnest in 2018 and ramped up with passage of the Federal Infrastructure Bill in 2021. It is ongoing in 2024 with projects in multiple Cape Cod towns under construction at the same time. The investment in the 208 Plan is daunting but in the past six years about 15,000 new parcels received sewer service. The intended results of the Plan are achievable and the precious coastal waters of Cape Cod will be preserved.
continued on page 76
Trumpet swans are a familiar site on Cape Cod ponds
on Cape Cod continued from page 75
what about Fresh water L akes and ponds?
The Section 208 Plan will have ancillary benefits to some fresh water bodies on the Cape as sewers within some watersheds will pass by and tie-in lake and pond abutters, but no public funding programs are in place to directly address the health of fresh water ponds on Cape Cod or in other parts of Massachusetts for that matter.
Most people would not guess that Cape Cod, Massachusetts has 890 freshwater ponds and lakes ranging from 743 acres (Long Pond) to less than an acre. These bodies of water cover almost 11,000 acres which is about 4% of the Cape's total land area. The land that contributes to these freshwater resources, known as pond watersheds, is much larger and makes up almost 20% of the total land area.
Most Cape Cod ponds are the result of glaciers that left the area 18,000 years ago, when chunks of glacial ice gouged depressions into the substrate, creating “kettle ponds”. These ponds, along with the Cape’s sole source aquifer, are recharged by rain and melting snow. The 15 Cape Cod towns draw an estimated total of 12 billion gallons annually from the aquifer, mostly for drinking water.
Some of the Cape’s deepest ponds come relatively close to the aquifer and are of special concern to groundwater scientists. Each of the ponds has unique characteristics and can be impacted by many factors that can lead to declining water quality. These factors include:
• Stormwater runoff
• Development
• Erosion
• Invasive species
• Septic system discharge
• Fecal bacteria
• Harmful cyanobacteria blooms fueled by nutrient runoff
• Emerging contaminants (PFAS)
• Mercury pollution
• Potential increases in water temperature due to climate change
g roups that Care about Fresh water on Cape Cod
Towns and pond advocates are forming associations and coalitions to better understand and to manage water quality in the fresh water ponds and lakes on Cape Cod. They are beginning to implement strategies to improve water quality and overall pond
health. These strategies can range from watershed level to in-pond approaches. In the cases of some ponds the only remaining hurdle is funding.
Association to Protect Cape Cod: Executive Director Andrew Gottlieb instituted a Pond Monitoring Program in 2017 and monitors approximately 150 ponds for water quality and particularly for dangerous cyanobacteria during summer months.
Cape Cod Ponds Network: A collaboration between the Cape Cod Commission and Association to Preserve Cape Cod. The Ponds Network was convened in 2022 in response to growing concern over the health of Cape Cod's 890 freshwater ponds. The Network is targeted towards pond stewardship organizations, but meetings are open to any interested parties. The Ponds Network includes more than 40 separate Cape Cod pond organizations.
Cape Cod Fresh Water Initiative: Founded within the Cape Cod Commission the group is a science-based, information-driven planning process to engage stakeholders and enable action to protect and restore Cape Cod’s freshwater resources. The stakeholders believe Cape Cod’s ponds and lakes are dynamic but fragile ecosystems that contribute to the region’s identity, recreation, and health.
Through this initiative, the Cape Cod Commission continued on page 77
150 Grossman Drive Suite 200 Braintree, MA 02184 (617) 773-9200
238 Bedford Street Lexington, MA 02420 (781) 861-1800
and its partners are completing an analysis of available monitoring data, assessing the overall health of Cape Cod’s ponds and lakes, identifying regional trends in water quality, and evaluating the impact of these critical resources on the region’s economy. This effort is guided by the 2021 Cape Cod Pond and Lake Atlas and will define a path forward for improving freshwater quality across the region.
a Few oF the d eepest ponds on Cape Cod
Cliff Pond, Brewster (88 feet deep)
Located in Brewster, the 204-acre Cliff Pond is the largest pond in Nickerson State Park and a beautiful place for a swimming or kayak adventure. According to the state Division of Fisheries and Wildlife, the pond has an undeveloped shoreline and water "transparency is exceptional, extending to 23 feet, and aquatic vegetation is scant." The roughly threemile Cliff Pond Trail loops around the pond and is a scenic and slightly challenging hike.
Ashumet Pond, Mashpee, Falmouth (84 feet deep)
There are 890 Fresh Water lakes and Ponds on Cape Cod covering 11,000 acres, 150 ponds are monitored annually for water quality by APCC. In 2023 37% of monitored ponds were labeled “unacceptable”
located on the Falmouth/Mashpee border, with lots of homes dotting the shoreline. According to the state, water "transparency is good, averaging about 12 feet, and aquatic vegetation is sparse." However, according to the state, "algae blooms in the summer may occur.
The 220-acre Ashumet Pond is a natural kettle pond continued on page 78
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Flax Pond, Brewster (75 feet deep)
Another Nickerson Park gem, Flax Pond in Brewster is 47 acres and a terrific place to pop in a c anoe or take a swim. The shoreline is undeveloped, and according to the state, water " transparency is excellent, aquatic vegetation is scant and the bottom is c omposed primarily of sand." The beach area is popular with park campers and for folks who pay a daily fee to visit the park.
Long Pond, Brewster, Harwich (70 feet deep)
At 743 acres, Long Pond in Brewster and Harwich is the largest freshwater pond on the Cape. There is moderate development along the 6.4 miles of shoreline, according to the state, and water " transparency is good, extending to 14 feet, and aquatic vegetation is scarce." There are three boat ramps on the pond and several beaches.
Higgins Pond, Brewster (66 feet deep)
Nickerson State Park scores again, this time with Higgins Pond in Brewster. At 25 acres, the small kettle pond is difficult to access by vehicles but fishing is good with the state stocking trout each Spring. According to the state, the bottom of the pond features sand and
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gravel and the shoreline is undeveloped. Water " transparency is exceptional, extending to 26 feet," according to the state. The entrance to Nickerson State Park is located at 3488 Main Street (Route 6A) in Brewster.
Gull Pond, Wellfleet (64 feet deep)
Gull Pond is located off Route 6 in the Cape Cod National Seashore area of Wellfleet, At 109 acres, the pond hosts a popular beach and the pond is stocked every Spring several species of trout that thrive in the deep, cold water. Public access is available for small boats ( no gas motors) and canoes. Kayak rentals are available. The shoreline is lightly developed. According to the state, water " transparency is exceptional, extending to 25 feet." The bottom of the pond is primarily sandy and aquatic vegetation is scarce. n
Your Company Must Have A Comprehensive Safety Program!
This year’s Safety Manual includes information on:
• Updated DOL Drug Testing information and Updated CDL information
• Massachusetts Safety Standards - COVID-19
• OSHA’s Final Rule on Silica Exposure Limits
• OSHA’s Final Rule on Improved Tracking of Workplace Injuries and Illnesses
• OSHA’s Final Rule on Confined Space in Construction
• OSHA’s New Requirements for Reporting Severe Injuries
Promote A Safe Working Environment
It should be your company’s policy to provide a safe place to work, with the prevention of accidents being your ultimate goal.
Your Insurance/Bonding carrier requires a Safety Program. State and Federal Agencies require a Safety Program.
OSHA
Inspectors Will Be Enforcing:
• Overall Construction Safety (29 CFR 1926)
• Excavating Standards
• Written Safety and Health Plans
• Hazard Communications Programs
• Drug Free Workplace
• OSHA 10-Hour Training Requirements
Examine The UCANE Pocket Directory
When ordering Company Safety Manuals, the Safety Manual section only, in the back of UCANE’s Pocket Directory, will be made up into an individual Employee Pocket Safety Manual with Your Company Name & Logo printed on the cover. Employee signature cards verifying compliance with safety manual procedures are included. When signed, these cards should be placed in each employee’s file.
Employee Pocket Safety Manual Order Form
Company Name:_________________________________ Authorized By:______________________
Printing and Set Up Charge for Personalized Covers: $________________ Postage and Handling: $________________ Date:____________ Total: $________________ ❏ Company Logo Enclosed ❏ Company Logo to be mailed ❏ My check is enclosed 65.00 TBD
