July 29, 2019
In This Issue
Recent Events
24th Annual ASM Golf Tournament
Upcoming ASM Events
$10,000 in Scholarships Awarded
Member Benefit Spotlight
Accessing The ASM Hotline
Legislative Update
Legislative Update
Update From The Department Of Family And Medical Leave Quarterly Employer Contributions Based On Date Of Wages Paid
OSHA Update
OSHA Fatal Occupational Injuries In Region 1
Industry News
The City of Bostonís Office of Economic Development (OED) and the Boston Planning & Development Agency (BPDA) announce the new Boston Residents Jobs Policy Portal.
New Member
ASM Welcomes New Member
Member News
Griffin Electric Completes Electrical Installation At Citizens Bank Project
Gleeson Powers receives 2019 ABAA Award
Chandler Architectural Products, Inc. is NACC Certified
Chris Sheppard, Senior Vice President, Eastern Insurance Group, Featured on Joe Kelly, Mass Construction Consultants, Inc. Podcast
Mike McDonagh, ASM CEO recently featured on High Profile Magazine Podcast
Improve Your Health And Safety Program Through A FREE Research Study!
Are You Following ASM On Social Media?
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Calendar







Recent Events
24th Annual ASM Golf Tournament

About 260 golfers joined ASM on July 15th for our 24th Annual Golf Tournament. The weather was great  at the beautiful International Golf Course in Bolton. The event provides critical support for ASM’s scholarship awards and our Association programs and services. Special thanks to all of our terrific sponsors, especially our major sponsors:

Acadia Insurance – sponsor of our player gift

J.C. Cannistraro & Coughlin Electrical Contractors – sponsors of our barbeque lunch

Kenney & Sams P.C. – sponsor of our reception

Travelers Insurance – sponsor of our dinner

Cross Insurance - sponsors of our golf balls

Click here to view our complete Major sponsor list and here for complete hole sponsor list.

Click here to view our Golf Tournament Photo Album.

We also thank our Golf Committee and volunteers who made the day so successful.

The Committee was co-chaired by Jeff Marr of the Marr Companies and Chris Buell of Wright Architectural Millwork. Committee members included Jonathan Duggan of DeSanctis Insurance; Mike McNulty of the Pear Group, and Patrick O’Toole of American Plumbing & Heating.

 


Pictured above, ASM CEO Mike McDonagh and Golf Committee Co-Chairs Jeff Marr Jr. and Chris Buell

Our terrific volunteers helped with check-in, sold $4,000 in raffle tickets, and kept an eye on our special prize golf holes. Thank you to MaryKate Bloomer, M.L. McDonald, Laura Robbins, Viking Controls, Debbie Laythe, ENE Systems, Jessica Nikmar, Salem Glass, Tamara Berry, Coghlin Electrical Contractors.

Finally, special thanks to ASM’s own Cathy Woodbury, Membership/Marketing Coordinator & Peggy Duffy-Shea, Associate Director of Programs and Membership.

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Upcoming ASM Events

Watch your email for upcoming programs and events being scheduled for the fall.

Safety Roundtables

September 18

October 16

November 20

 Save the date: Biennial Gala- Granite Links Golf Course - November 7



 

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$10,000 in Scholarships Awarded

ASM awarded and recognized the 2019 Scholarships recipients at the Annual Golf Tournament. Congratulations to our five recipients for their hard work and dedication. Each student has achieved academic excellence while showing a commitment to community service and involvement.

 

Francessca Berkza, Eastern Insurance

Marley Gonsalves, Harry Grodsky & Co.

Zachary Mayer, Wayne J. Griffin Electric

Emily Sawyer, Harry Grodsky & Co. (not in photo)

Madelyn Thrasher, Wayne J. Griffin Electric


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Member Benefit Spotlight
Accessing The ASM Hotline

As an employer, you face a myriad of issues including employee leave, discrimination, wage and hour rules, hiring and termination.  As a construction business, you face a host of issues through the life of a project, including bidding, contract terms, payment and more. When issues arise, it’s often hard to know what to do. There is an easy way to get quick answers to your questions – ASM’s Hotline –FREE to ASM Members.

How do I access the Hotline? Send an email to mail@associatedsubs.com. We will forward your question to the appropriate attorney who will respond by phone or email.

Who are the attorneys?

Construction questions are referred to JohnM. Curran, Esq. at the law firm of Corwin & Corwin LLP, which has served as legal counsel to ASM for more than 65 years.

Employment questions are referred to David B. Wilson, Esq. and Catherine E. Reuben,Esq., at the law firm of Hirsch Roberts Weinstein, LLP.


Insurance questions are referred to David M. O’Connor, Esq. at the law firm of O’Connor & Associates, LLC.
 

What if I already have my own lawyer? You can still call the Hotline. It is a privilege of membership in ASM.

What kind of help can I expect?
The attorney will typically spend 5-15 minutes addressing questions that can be answered easily based on years of experience in their areas of practice. You will receive information to help you determine whether to handle the issue yourself or to seek professional help to pursue legal action. The Hotline is limited in scope and does not include research or document preparation.

To pursue legal action, do I have to use the Hotline attorney? No. You are free to use your own attorney or you may retain a hotline attorney. The choice is up to you and it is a private matter between you and the attorney.


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Legislative Update
Legislative Update

On July 7th the Joint Committee on Labor and Workforce Development held a public hearing on a number of bills including ASM’s Indemnity legislation, House Bill 1624. ASM Director Jeff Marr of the Marr Companies and CEO Mike McDonagh Testified at the hearing giving the Committee an overview of why this bill is needed to protect subcontractors. Jeff and Mike explained how construction contracts routinely require subcontractors to “indemnify” general contractors and assume total liability for injuries or damages on a project, even when not at fault. Such “risk shifting” hurts subcontractors because it forces subcontractors to buy more insurance to cover the added risk and increases construction costs.

If there is a claim against a subcontractor’s policy, it damages their safety record and results in higher premiums, making it harder to get insurance for future projects. One large claim can close a business.

It’s bad for workers, too, because it allows general contractors to get lax on safety, knowing they won’t be responsible if someone gets hurt. According to OSHA requirements, GC’s have the non-delegable responsibility for safety on a job site..

Massachusetts already has a law on the books (M.G.L. c.149, §29C) that was supposed to prevent such unfair “risk shifting,” but it has been gutted by a series of court decisions over the past 25 years.   Courts have defined “caused by” so loosely that subcontractors can now be held 100% responsible for accidents where they were only 1% at fault.  To make matters worse, the subcontractor can be forced to insure the general contractor, too, in case indemnification doesn’t cover everything.

H. 1624 corrects this unfair situation by making just a few small changes to the current law: The bill clarifies that subcontractors can’t be required to indemnify OR insure general contractors for anything more than what was caused by their own negligence.   In other words, they pay only their fair share or “proportional liability.”  Subcontractors also can’t be required to provide insurance that covers more than covered by indemnification – thus preventing the use of insurance as a “work-around.”

ASM will continue to meet with Legislators and push for this bill to help subcontractors.



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Update From The Department Of Family And Medical Leave Quarterly Employer Contributions Based On Date Of Wages Paid

October 1 marks the beginning of the first quarter of payroll and wage withholdings. These withholdings, and in some cases employer payments, will be remitted to the Department of Revenue 30 days following the conclusion of each calendar quarter.  This timeframe is the same as the schedule for making Unemployment Contributions.

By January 31, 2020, employers must complete quarterly filings and submit contributions through MassTaxConnect for the previous calendar quarter (October - December).  Previously, the interpretation was that contributions would be due for services performed by an employee on or after October 1.    

As a result of the comments received from the employer and business community, the DFML has reevaluated this interpretation. We have now determined that withholdings will be based on the date that wages are paid (commonly referred to as ‘employee pay check date’) irrespective of the date the employee performed those services.  For example, if an employee receives a paycheck on or after October 1, 2019 where some of those wages were for services performed prior to October 1, 2019, then all of the wages in the paycheck will be subject to contributions.  

Please refer to the website for more detailed information on this change in policy.

https://www.mass.gov/orgs/department-of-family-and-medical-leave


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OSHA Update
OSHA Fatal Occupational Injuries In Region 1

There were thirty-two OSHA covered workplace fatalities in Region 1 through the third quarter of FY19, three more than the same period of FY18. Struck By fatalities account for more than half of the FY19 fatalities in Region 1 with eighteen fatalities. Half of the Struck By fatalities involved employees being hit by heavy equipment or machinery.


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Industry News
The City of Bostonís Office of Economic Development (OED) and the Boston Planning & Development Agency (BPDA) announce the new Boston Residents Jobs Policy Portal.

Contractors employed on projects monitored for the Boston Residents Jobs Policy (BRJP) have been required to submit worker data for their respective workforces for decades now.  The method by which this information was submitted has been via mail, fax or an Excel file attached to an email.  At this time these procedures are in the process of being replaced by a web based platform in Salesforce currently being built out and tested by the City.  Testing, training and implementation of this new system will require a collaborative effort by all interested parties including City agencies, construction management firms and subcontractors in particular.

The City of Boston recently announced training sessions: View PDF

Please join us for the launch of our new payroll and compliance reporting system Salesforce. The Office of Economic Development and the Boston Planning and Development Agency will now be using the same system to monitor compliance for all construction projects under the Boston Residents Jobs Policy. This meeting is ideal for any person/persons responsible for entering weekly payroll for your workers.

Please select 1 (one) date to register for from the options below:

Tuesday, August 27th 10 am - 1 pm

Tuesday, September 10th 10am - 1 pm

Tuesday, September 24th 10 am - 1 pm

*Lunch will be provided

*Parking at 12 Drydock Ave will be validated

If you have any questions or concerns, please feel free to contact Sheryce Hearns 617-635-3449. Thank you!!

 

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New Member
ASM Welcomes New Member

JDog Junk Removal & Hauling

JDog Junk Removal & Hauling offers junk removal and hauling services for residential and commercial customers. Our local business operators are Veterans and Military family members. They ensure that our services are delivered the Military way – with Respect, Integrity, and Trust.

https://www.jdogjunkremoval.com/

 


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Member News
Griffin Electric Completes Electrical Installation At Citizens Bank Project

ASM member Wayne J. Griffin Electric, Inc. (Griffin Electric), a leading area electrical subcontractor, has completed electrical installation work at the new Citizens Bank campus in Johnston, RI. 

Two four-story office buildings, in addition to a contact center, amenities building and connector building, as well as a four-story parking garage, make up the new 420,000-sf campus.  Open workspaces with modern features were constructed to promote employee collaboration and communication while amenities including an onsite bank branch, technology bar, Cigna wellness center, and indoor and outdoor fitness areas with sports fields, courts and trails will benefit both Citizens team members and area residents.

Throughout construction of the 123-acre campus, sustainability remained a top-priority, with the preservation of over 60 acres of wetlands and natural habitats, in addition to the construction of a rain garden to collect rainwater and distribute it back to the wetlands.  The maximization of natural light within the five buildings and energy-efficient LED lighting utilized throughout illustrate the bank’s commitment to the environment. 

Responsible for wiring four of the five buildings, in addition to the parking garage, the Griffin Electric team was responsible for the installation of temporary power, power distribution and lighting.  Systems for UPS, technology conduit, life safety, heat trace and emergency generators were also setup by Griffin, in addition to the fire alarm system for the entire campus.  Griffin planned and coordinated its onsite electrical work through BIM technology.

Cushman & Wakefield of Boston served as the owner’s project manager, with Dimeo Construction Company of Providence as the construction manager.  Boston-based firms Elkus Manfredi and Bard, Rao + Athanas were the project architect and electrical engineer, respectively.

About Wayne J. Griffin Electric, Inc.

In the electrical contracting business since 1978, Wayne J. Griffin Electric, Inc. proudly celebrated its 40th anniversary in 2018.  Headquartered in Holliston, MA, the company also has regional offices in Pelham, AL, Duluth, GA, Charlotte, NC and Raleigh-Durham, NC.  ENR (Engineering News-Record) ranked Griffin Electric 24th in its 2018 listing of the top 50 national electrical contractors and 1st in New England. The company employs nearly 1400 individuals.

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Gleeson Powers receives 2019 ABAA Award

Gleeson Powers Inc. is the proud recipient of the 2019 ABAA Quality Assurance Program Excellence Award. The Air Barrier Association of America and (ABAA) awards the Quality Assurance Program Excellence Award to Accredited Contractors who have successfully completed a minimum of 5 site audits which they have been assessed no more than 30 total demerit points. Gleeson Powers recently performed air & vapor barrier services at the following ABAA Accredited projects: 400 Rivers Edge (Columbia Construction), 81 Wyman St (Columbia Construction), Golden Brook Elementary School (The MacMillin Company) and Moderna Clinical Manufacturing Expansion (Wise Construction).

Picture: Left to right: Aideen Doneski, Executive Vice President; Dana Arsenault, President; Eric Baillargeon, Superintendent; Matt Cole, Project Manager, all of Gleeson Powers Inc.


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Chandler Architectural Products, Inc. is NACC Certified

Chandler Architectural Products, Inc. is pleased to announce as of April 8th, our company has been certified by the NACC (North American Contractor Certification for Architectural Glass and Metals)! Chandler is proud to join only 22 other architectural glass and metal contractors across the country who have proven their consistency, quality, and safety excellence in this field.

The NACC program for Architectural Glass and Metal Contractors (AG&M) has been designed by architects, AG&M contractors, and construction industry professionals to create a baseline of industry standards for business practices, administration processes, quality, safety, and glazing processes. Once the initial certification is complete, companies undergo an annual audit and review of their procedures, allowing them to focus on process improvements which will lead to a better organization and ensure product quality for their clients.

“After learning more about the certification process from NACC members at a Las Vegas Finishing Trades event, I knew this would be a good step for the company to formalize many of the things we do. The preparation for the certification forced us to think through our processes and procedures from beginning to end which led to the creation of our new Standard Operating Procedures (SOPs). The preparation also prompted us to come together as a team – office employees, project managers, and field employees – which allowed us to learn how our procedures affect everyone involved and how we can work more effectively together. The NACC certification process forced us to look at our company from a different perspective, and less than three months after the process was complete I have already seen vast improvements in the efficiency of our team.”

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Chris Sheppard, Senior Vice President, Eastern Insurance Group, Featured on Joe Kelly, Mass Construction Consultants, Inc. Podcast

Chris Sheppard, Senior Vice President, Eastern Insurance Group, Featured on Joe Kelly, Mass Construction Consultants, Inc. Podcast

Listen to the Podcast here.

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Mike McDonagh, ASM CEO recently featured on High Profile Magazine Podcast

Mike McDonagh, ASM CEO recently featured on High Profile Magazine Podcast

 

Listen to the Podcast here.

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Improve Your Health And Safety Program Through A FREE Research Study!

This research study aims to help small to medium subcontractors by conducting a FREE needs assessment for your company and deliver a custom plan and resources to improve your health and safety policies, programs, and practices.

To learn more, click ARM FOR SUBS for more information!


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Are You Following ASM On Social Media?

Please take a moment to like the ASM Facebook page and follow us on Twitter and LinkedIn.

 

 



 

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Published by:

Associated Subcontractors of Massachusetts, Inc.
15 Court Square, Ste. 840
Boston, MA 02108

617-742-3412

 
http://www.associatedsubs.com