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On January 1, 2002, the newly revised OSHA recordkeeping rule, which makes changes in the way employers track and record workplace injuries and illnesses, will go into effect for approximately 1.3 million business establishments.

OSHA’s recordkeeping requirements, in place since 1971, were designed to help employers recognize workplace hazards and correct hazardous conditions by keeping track of work-related injuries and illnesses and their causes. The revised rule is designed to improve the system that employers use to track and record workplace injuries and illnesses. It simplifies the recordkeeping system by combining previous regulatory requirements, guidelines and interpretations into one document.

Like the former rule, employers with 10 or fewer employees (at all times during the calendar year) are exempt from most requirements of the new rule, as are a number of industries classified as low-hazard retail, service, finance, insurance and real estate sectors. The new rule updates the list of exempted industries to reflect recent industry data. NESCA members are reminded that all employers must continue to report any workplace incident resulting in a fatality or the hospitalization of three or more employees.

The new rule replaces the old 200 Log and the 101 Supplementary Report with three new forms:

The OSHA Form 300 (Log of Work-Related Injuries and Illnesses).
The OSHA Form 301 (Injury and Illness Incident Report)
The OSHA Form 300A (Summary of Work-Related Injuries and Illnesses)

Under the new rule, work-related injuries and illnesses are better defined to ensure the recording only of appropriate cases while excluding cases clearly unrelated to work. In addition, the new rule clarifies the definition of restricted work or light duty and makes it easier to record those cases.

The revised rule also promotes improved employee awareness and involvement in the recordkeeping process, providing workers and their representatives access to the information on recordkeeping forms and increasing awareness of potential hazards in the workplace. Privacy concerns of employees have also been addressed. The former rule had no privacy protections covering the log used to record work-related injuries and illnesses.

Flexibility has been provided so employers can keep all the information on computers, at a central location, or on alternative forms, as long as the information is compatible and the data can be produced when needed.

Enclosed with this Newsletter is a special bulletin on the new OSHA recordkeeping requirements including a summary of the major changes from the old rule.

PRESIDENT’S MESSAGE Go Top

NESCA’s November 8^th membership meeting featured an informative and interesting presentation by Anne Tindall on “Finding and Retaining Qualified Employees”. Anne is a partner with Employee Management Strategies, Inc., a human resources consulting firm located in Syracuse. Anne provided attendees some great tips on a problem common to many of us -- how and where to find good employees and how to keep them. Our November meeting was also “Electrical Contractors Night” and was held as a joint meeting with the Albany Electrical Contractors Association. We will be holding additional trade group nights in recognition of other specialty trade contractors during the course of our 2001-02 meeting year. I can’t tell you enough how valuable NESCA’s membership meetings are, not only for the timely programs presented but also because our meetings provide members a great opportunity to network with many other NESCA members. I strongly encourage all members to attend our meetings, even if only on an occasional basis. Had anyone been in attendance at the November 13^th meeting from AM Contracting, your company would have received free membership in NESCA during 2002-03 since your name was pulled in our special attendance drawing.

For the fourth year in a row, NESCA’s December 13^th membership meeting will be a special holiday version dinner meeting and reception. Instead of conducting our normal business, we’ll be getting into the holiday spirit by giving our members an opportunity to socialize with your friends and peers within the association. This holiday meeting and reception will feature a 3-hour open bar, champagne station, fantastic hors d’oeuvres, a first-class dinner with a dessert station and international coffees! We encourage all members to bring your spouses (or significant others) with you because spouses are invited to come to the holiday meeting and reception for free! Also, please remember to bring a toy with you to the meeting for our traditional Toys for Tots campaign in conjunction with the United States Marine Corps. The Marines will be represented at our meeting, and we’d sure like to be able to present them with lots of toys again this year. So mark December 13^th on your calendar and bring your spouse to this meeting. I know the 210 of you who attended last year don’t have to be convinced to come again this year! For the rest of you, you’re absolutely guaranteed to have a great time!

On another matter, NESCA’s 17^th Annual Frank Campito Memorial Car/Cash Giveaway will be held on February 21, 2002 at the Century House from 7:00 - 9:30 p.m. Over the last sixteen years, this event has proven to be

one of NESCA’s most exciting, and a great fund raiser for the association as well! Once again, all ticket holders and their guests will be invited to enjoy the drawing at the February 21^st cocktail reception. This year, prizes awarded will total more than $34,000! The ticket price for the Car/Cash Giveaway remains at $200. Flyers have been mailed to all members, and you may purchase a ticket directly from the NESCA office or from a member of the Board of Directors.

Bob Kind

President

INCORPORATION BY REFERENCE CLAUSE HAS LIMITATIONS Go Top

In Nicholas Bussanich v. 310 East 55^th Street Tenants and New York SMSA, etc. v. Comunications Development Systems, Inc., a decision of the Supreme Court, Appellate Division, Third Department, decided April 10, 2001, the court held that a subcontractor was not bound by the indemnity and insurance procurement obligations set forth in the prime contract notwithstanding that the prime contract was incorporated by reference into the subcontract.

The court held that there were no provisions in the prime contract expressly requiring subcontractors to purchase insurance and to indemnify the owner, and the extent to which the subcontractors were bound under the incorporation by reference clause was expressly limited to the scope, quality, character and manner of the work to be performed by the subcontractor.

This case illustrates that language in a subcontract incorporating the prime contract can expressly limit the amount of the prime contract clauses to be incorporated. A subcontractor should pay particular attention to any incorporation by reference clauses in his subcontract and to understand the nature and extent of such a clause.

Terence J. Burke, Esq.

NESCA Legal Counsel

SPRINT PCS OFFERING DISCOUNTS TO NESCA MEMBERS Go Top

NESCA members may now take advantage of wireless communications discounts offered by Sprint PCS. Effective immediately, Sprint PCS is offering its Association Nationwide Volume Program (NVP) to all members of NESCA.

Under the Nationwide Volume Program, NESCA members and their employees are eligible for discounts of 5%-7% on their monthly rate plan. Members and their employees are also eligible for special handset discounts.

For more information on the Sprint PCS Association NVP, contact William Melchior at 518-862-6016 (office) or 518-221-6321 (mobile).

FEDERAL JUDGE REJECTS BAN ON PROJECT LABOR AGREEMENTS Go Top

A federal judge has ruled that President Bush overstepped his authority when he issued an executive order prohibiting project labor agreements (PLAs) on federally funded construction work. In a November 7^th decision, U.S. District Court Judge Emmet Sullivan said that Executive Order 13202, issued by President Bush on Februrary 17^th, “in its entirety is preempted by the National Labor Relations Act.” Sullivan permanently enjoined the enforcement of the executive order.

The case, Building and Construction Trades Department, AFL-CIO v. Allbaugh, clears the way for several major federally-funded projects to move forward with project labor agreements. The largest current project in which a PLA is an issue is the $2.5 billion Woodrow Wilson Bridge across the Potomac River near Washington, D.C.

The lawsuit was commenced by the building trades to enjoin the enforcement of Executive Order 13202. EO 13202 prohibited federal agencies or recipients of federal funding from requiring project labor agreements in bid specifications for construction projects. The building trades contended that the Executive Order was invalid because the President lacked the constitutional or statutory authority to promulgate it, and that it was preempted by the National Labor Relations Act (NLRA).

Judge Sullivan agreed, stating that “the Constitution does not independently authorize such a legislative action by the President absent a direct Congressional authorization.” In addition, the Judge concluded that because President Bush attempted through EO 13202 “to establish his vision of a neutral labor market, and in doing so removed an economic weapon from labor organizations, federal agencies, and the recipients of federal funding”, EO 13202 is preempted by the NLRA. Further, Judge Sullivan found that with respect to private recipients of federal funding, EO 13202 is in direct conflict with § 8(e) of the NLRA and is therefore preempted.

Not surprisingly, Edward Sullivan, president of the building trades, declared, “This is a great and sweeping victory” while Associated Builders and Contractors president Kirk Pickerel asserted the ruling is “bad for the country” and called on the Justice Department to appeal the decision immediately.

WELCOME NEW MEMBERS Go Top

Gemini Electrical Design & Construction, Inc.

55 Oak Brook Commons

Clifton Park, NY 12065

(518) 383-2968; Fax (518) 383-7160

Contact: Joseph P. Miciotta

Miscellaneous Iron Fabricators

1404 Dunnsville Road

Schenectady, NY 12306

(518) 355-1822; Fax (518) 355-2337

Contact: Gunther Giesselmann

MMC Millwork

Port of Albany

Albany, NY 12202

(518) 465-4109; Fax (518) 465-3927

Contact: Lief Larson

Northern Sling & Industrial

Supply Corp.

43 Basin Road #1

West Hurley, NY 12491

(518) 339-0199; Fax (518) 338-1372

Contact: Kevin Pitcock

MEMBERSHIP COMMITTEE EXTENDS RECRUITMENT INCENTIVE PROGRAM Go Top

Based on the success of last year’s membership recruitment incentive program, NESCA Membership Committee Chairman Mark Woodward has announced that the membership recruitment incentive program has been renewed for 2001-2002. Any NESCA member who recruits a new member into the association during NESCA’s 2001-2002 fiscal year (July 1, 2001 - June 30, 2002) will receive $50. There is no limit to how many new members may be recruited. If you recruit one new member, you’ll receive $50 -- if you recruit ten new members, you’ll receive $500! The following NESCA members have already won $50 in this membership recruitment campaign:

Lori Mayott – Teal, Becker & Chiaramonte

Roger Walters – Orange Steel Erectors

Brian Carmer – Stone Bridge Iron & Steel

Mark Woodward – The Woodward Co.

Roger Jones – Campito Plumbing & Heating

Kathleen Turner – Airpage Communication

Bob Kind – Teal, Becker & Chiaramonte

OGS ANNOUNCES INCREASED BUILDING SECURITY Go Top

As a result of the events of September 11, 2001, the NYS Office of General Services has announced new security measures at all State Facilities. This will affect contractors who access the Corning Tower Building in the Empire State Plaza to purchase plans and specifications, submit bids or attend bid openings.

All individuals who access the Tower Building will be required to present picture identification to building security officials and obtain a visitors pass prior to entering the building. Individuals submitting bids in person or by private delivery services should allow sufficient time to be processed through building security to assure bids are received prior to the deadline for submitting bids as specified in the bid package.

In addition, new security measures have been instituted for those parking in any of the levels at the Empire State Plaza.

All vehicles will be subject to random inspection.
Visitors seeking to park in the designated visitor parking areas will be required to show photo identification. Additional occupants of the vehicles may be required to show photo identification.
After 7:00 pm, only P3 North and P3 South will be open for vehicle parking.
On the weekends, any employee or visitor seeking to park at the Empire State Plaza must park at P3 North or P3 South.

AM Contracting, LLC would have won a FREE membership in NESCA for 2002-2003 had there been a representative in attendance at NESCA’s November 8^th membership meeting! NESCA members don’t miss your chance to win a free year of membership in NESCA! Attend the December 13^th Holiday Meeting & Reception!!