ADVANCINGA D V A N C I N G UNIONU N I O N CONSTRUCTIONC O N S T R U C T I O N ANDA N D MAINTENANCEM A I N T E N A N C E A Publication of The Association of Union Constructors | www.tauc.org | Winter 2015 How Contractors Can Lead Like U.S. Navy SEALs Page 10 30852_Magazine.indd 1 11/23/15 2:27 PM ADVANCING UNION CONSTRUCTION AND MAINTENANCE THECONSTRUCTIONUSER A Publication of The Association of Union Constructors | www.tauc.org | Winter 2015 30852_Magazine.indd 2 11/23/15 2:27 PM ADVANCING UNION CONSTRUCTION AND MAINTENANCE THECONSTRUCTIONUSER A Publication of The Association of Union Constructors | www.tauc.org | Winter 2015 The Construction User is published quarterly by: The Association of Union Constructors The Association of Union Constructors 1501 Lee Highway, Suite 202 Arlington, VA 22209 703.524.3336 From the Desk of the President 703.524.3364 - fax www.tauc.org 4 Celebrate Excellence and Fight Complacency EXECUTIVE EDITOR by Thomas S. Felton David Acord 703.628.5545 [email protected] Features ADVERTISING REPRESENTATIVES (Contact for rates and details) 6 We Are All Owners Janice Jenkins by Steve Lindauer Brun Media 724-929-3550 8 You’ve Lost That Lovin’ Feelin’ [email protected] by Mark Breslin Amy Rogers Brun Media 10 Extreme Ownership 678-714-6775 How Contractors Can Lead Like U.S. Navy SEALs [email protected] Thomas Brun ® 16 15th Annual Zero Injury Safety Awards Brun Media 724-539-2404 21 NMAPC Zero Injury Safety Award® Winners [email protected] ART DIRECTION & DESIGN Scott McLallen Pixels & Ink, Incorporated Columns www.pixelsandink.com SUBSCRIPTIONS 5 Legal Corner For information about subscriptions, Feds to Hold Execs Responsible for Corporate Wrongdoing by Steven Fellman reprints, or purchasing bulk copies, contact Executive Editor David Acord at 14 TAUC About Labor 703-628-5545 or [email protected]. The Productivity Solution by Jacob Snyder ©2015 THE ASSOCIATION OF UNION CONSTRUCTORS. ALL RIGHTS RESERVED. THE CONTENTS OF THIS PUBLICATION MAY NOT BE REPRODUCED, 25 LEO Corner IN WHOLE OR IN PART, WITHOUT THE PRIOR Crunch the Numbers by Bill Kroeger WRITTEN CONSENT OF THE PUBLISHER. COVER: 27 TAUC About Safety U.S. NAVY Teamwork — From Ants to Humans by Joe Lasky, Jr., CSP, CHMM 29 Government Affairs Why Union Contractors Need to Lobby for Their Cause by Todd Mustard PUBLISHED NOVEMBER 2015 W INTER 2015 | 3 30852_Magazine.indd 3 11/23/15 2:27 PM Celebrate Excellence... and Fight Complacency RECENTLY HAD THE I don’t bring this up to take away pleasure of attending the from the fantastic achievements I annual NMAPC Zero being made in our industry regarding Injury Safety Awards Gala safety. I bring this up for two impor- in Washington, D.C. (see p. 16). As tant reasons. First, we must continu- usual, the venue — the National ally fight complacency. It would be Building Museum — is amazing, and easy to come away from the ZISA the hospitality is top notch. I always program thinking, “We’ve got safety enjoy catching up with friends and under control.” As I continually rein- colleagues from the contractor, owner- force within our company, our safety client and labor organizations that make record is only good through yester- up our great industry. day. We have hundreds of employees by THOMAS S. FELTON I continue to be impressed with at risk again today. You never fully TAUC PRESIDENT the sheer number and size of the achieve safety; it is a continual effort PRESIDENT, MC INDUSTRIAL projects where zero injuries are being that requires our constant focus. recorded on a regular basis. I also Secondly, we can get so focused have noticed over the years that many on numbers and incident rates that of the same companies are winning we forget those digits represent real awards year after year, showing that people with real families getting hurt it is not just a fluke on one project, or, in some cases, leaving for work in but a true commitment to safety and the morning and never returning. We part of the companies’ cultures. One owe it to those workers and their fam- of my favorite aspects of the awards ilies to continue to do everything we I continue to be ceremony is that each project is rep- can every day to keep them safe and resented by all three members of the send them home to their families. impressed with the tripartite team. An award is not only This is not just the contractor’s sheer number and size given to the contractor for the proj- responsibility or the union’s respon- ect, but also to the local labor organi- sibility or the owner’s responsibility. of the projects where zations and the owner. Why? Because We are all responsible. The only way it takes all three parties working we will achieve this goal is by con- zero injuries are being together to achieve these results. tinuing to work together to make our recorded on a While we should all be proud of worksites safe and provide the neces- this year’s winners, we also can’t for- sary tools and protection to perform regular basis. get that 874 people lost their lives the work safely and convey a culture working in construction in 2014. of “safety first” on all of our projects. What is more disturbing is that The ZISA awards are certainly a tes- that number represents a nearly 6% tament of what is achievable when increase from the year before, and we do work together. We just have it is the third year in a row that the to ensure that we continue the effort number of fatalities in the construc- after the awards are delivered and tion industry has increased. Now, I placed on the shelf. understand that while the number Congratulations again to all of the of fatalities has risen, the fatality rate ZISA award winners. Thanks for all has dropped, but I am sure that fact is of your efforts and showing everyone of no consolation to the families and that zero injury is indeed possible, friends of the workers who lost their and should be expected. lives. 4 | The ConsT ruCTion u ser • www. T auC . org 30852_Magazine.indd 4 11/23/15 2:27 PM Feds to Hold Execs Responsible for Corporate Wrongdoing by STEVE FELLMAN TAUC GENERAL COUNSEL S MAJOR CONTRACTORS involved in large As a result, there may be less than 100% compliance with commercial and industrial construction projects, some of the corporate compliance guidelines. A TAUC member contractors are regulated by mul- In some companies, management may take the position tiple federal, state and local government agencies. that the job has to be done on time and within budget – On the federal level, contractors have to deal with agencies even if that means ignoring some of the company’s own such as EPA, OSHA, NLRB and the Department of Justice compliance requirements. Management may think that if (DOJ), just to name a few. a regulatory agency starts an investigation, the company Good corporate governance practices require that con- might end up having to pay a small fine – a blip on the tractors develop and implement regulatory compliance radar screen compared to the bonus the company will programs to ensure that the practices of the corporation receive for finishing the job on time and under budget. meet all regulatory compliance requirements. But, as we In the past, many corporations have found that federal all know, it is often difficult to control what happens in the regulatory agencies don’t want to spend a lot of staff time field. In some organizations, the further you get from the and money litigating major enforcement actions. Federal home office, the greater the tendency for field operators to agencies usually will negotiate a settlement requiring the use some “flexibility” when applying corporate mandates. corporation to plead guilty, adopt some remedial action, Continued on Page 30 OUR BELIEF IN TRIPARTITE IS INDUSTRIAL STRENGTH. MC Industrial is a firm believer in the power of contractor, labor and owners working toward common goals. Together, we are accomplishing great things. mc-industrial.com Where industry goes to get built.SM W INTER 2015 5 30852_Magazine.indd 5 11/23/15 2:27 PM We Are All Owners by STEVE LINDAUER HENEVER I MEET some- decorated former SEAL officers They become “owners” too, which one from outside the indus- who served in the Iraq War. As you’ll in turn makes the entire organiza- W try and they ask what I do learn from our exclusive interview tion stronger. for a living, I usually start with one of the authors in this issue This concept can also be applied by explaining our unique tripartite (see Page 10), “Extreme Ownership” to other situations. Trigger warning: system of contractors, union labor and is defined as a mindset in which you I’m about to step on a few toes here. owner-clients, and how we all work “take responsibility for everything For the past few years, I’ve together cooperatively to advance our that is happening in your world that been hearing the same complaints mutual interests. Nothing controver- affects your mission, whatever that from union contractors and build- sial there; it’s a quick, simple way to may be.” In other words, a leader ing trades reps: energy companies educate folks about union construction owns it all – the good stuff (like are swooping into the lucrative and maintenance as it exists today. achieving zero injuries), but also the Marcellus Shale region by the doz- Lately though, a couple of experi- failures.