IN THISISSUE:

OHIO

ROOF

ING

CONTRACTORS ASSOCIATION

Legislative

Forecast

November 2002

Enclosed in your newsletter this month is perhaps the greatest tool you can utilize to help your company succeed. The 2003 Convention and Trade Show Program is provided for you as a part of this mailing. We have packed all the hottest industry topics into one day for ultimate convenience. We will be covering Subcontractor Rights, Liability Insurance, Bonding Issues, the latest on the BWC and OSHA as well as a special session focusing on Mold Issues!

To top it all off we will again be hosting the ORCA Trade Show. This afternoon is a great opportunity to see all the latest products and services right in your own back yard! I encourage you to take advantage of this uniquely personal show. We have strived to create an atmosphere that is big enough to offer you a broad industry offering while keeping the show small enough that you can personally connect with those suppliers, manufacturers, and colleagues that you are coming to see. Not to mention the host of great prizes!

In conjunction with the Roofing Contractors Association of Central Ohio and the Midwest Roofing Contractors Association, we are proud to offer your employees valuable training as well. We will be holding an OSHA 10 Hour Class and a CERTA Torch Applied Training Program as well. Don’t miss this great opportunity to do training at discounted group rates!

COLUMBUS — Governor Bob Taft signed an Executive Order implementing a stronger drug free workplace policy for state construction pro-jects. Contractors sand subcontractors will be required to enroll in the Ohio Bureau of Workers Compensation’s Drug-Free Workplace Program and to remain a member in good standing in order to be eligible for construction projects adminis-tered by the state.

“We can’t allow workers to put themselves and other as risk of being seriously injured or killed because of drug use on state construction pro-jects,

“

Taft said.

National statistics show 33% of all workplace deaths have some link to drug or alcohol use. A recent Cornell University study of drug use in the construction industry found 71 companies re-

TAFT’S DRUG-FREE WORKPLACE ORDER: duced injury rates by an average of 51% within two years of implementing a drug-testing pro-gram compared to a 14% reduction at compa-nies without programs in the same period.

The policy will be phased in to allow contractors time to get program in place and fully function-ing by July 1, 2003. As of January 2003, con-tractors my submit bids without previously being enrolled in a drug free workplace program. However, they must enroll in a program certified by the Ohio Bureau off Workers’ Compensation within ten days of the bid opening. The Bureau, the Ohio Department of Administrative Services and the Ohio Department of Transportation will jointly administer the policy. State governments the leading source of construction spending in Ohio.

TO GET MORE INFO — DON’T MISS GARY AUMAN AT THE ORCA CONVENTION - JANUARY 15

President’s Message:from ORCA President, Fred Horner

Taft’s Drug

Free Workplace

2003 Convention

& Trade Show

Information

WC Group

Rating Plan

New BWC

Rulings

20 Years of ProvenPerformance!

Single Ply EPDM Rubber Roofing Systems

Commercial, Industrial, Institutional,Residential, Mobile Homes

Roofing Products International, Inc.

Roofing Products International, Inc.Elkhart, Indiana1-800-628-2957

Web site: www. roofingproductsint.com

AADVANCED Building Products, LLCManufacturer’s Representatives For

Your #1 Source in Ohio for:

• EPDM Roofing Systems• Thermoplastic (TPO & PVC) Roofing Systems• APP & SBS Modified Bitumen Roofing Systems• Built-up Roofing Systems (type IV & VI felts)• Tapered & Flat Isocyanurate Insulation• Tapered Insulation Design Service

Toll Free 1.800.498.3975 9321 Ravenna Road, Suite J • Twinsburg, Ohio 44087

Fax: 1.330.405.4861• Roof Assessment• Specifications• Tapered Insulation• AIA Education• EPDM, Thermoplastic, Modified Bitumen, & Built-up Roof Systems

Sales & Technical Hotline: 1.800.498.3975fax: 1.330.405.4861

FIRE SAFETYPRODUCTS

TORCH DOWN! - Fire Protection Retardant spray onfor suspected areas, will not allow fire to start.

HOT ROOFING! - Put out kettle fires in minutesusing Roofing Concentrate with no down time.

EXTINGUISHERS!Recharge yourself and save money $$$.

Performance Fire Safety Products Available at:

Mueller:Dayton 937-224-5700Cincinnati 513-721-6555Fairborn 937-864-1547

Cassady PierceValley View 800-233-4716

Roofing WholesaleCincinnati 800-843-5773Columbus 800-282-4737

C.C. SupplyBarberton 800-382-3891

Industrial Metal FabCleveland 216-252-5122

UPCOMINGEVENTS

January 15, 2003

Columbus, OH

ORCA Convention

& Trade Show

February 11-14, 2003

New Orleans, LA

NRCA Convention

& Trade Show

BONDEDINSURED

RU CRC?FOR MORE INFORMATION

Call: 1-888-294-0084or go online at:

www.crcllc.org

OFFICERS

President Fred Horner – Advanced Industrial Roofing, Inc.

330-837-1999 1st Vice President

Dave Ehrenfried – Republic Roofing & Siding, Inc. 419-447-0000

2nd Vice President Jim Pelfrey – F.R.I. Roofing

330-875-9997 Secretary/Treasurer

Dennis Hackett - Hackett Enterprises 614-237-8036

Immediate Past President Bob Willis – Wehner Roofing & Tinning

937-298-9941

DIRECTORS Tomm Dunbar Certified Roofing, Inc. 614-836-5109 Groveport, Ohio Jim Eckstein, Jr. CA Eckstein, Inc. 513-941-1511 Cincinnati, Ohio Ruth Kremer Kremer Roofing, Inc. 937-526-4720 Versailles, Ohio Sam Perrino Weathermark Corp. 440-498-3800 Solon, Ohio Gary Sigler R.E. Forshee Co. 513-561-9911 Cincinnati, Ohio Terry Staggs Staggs Roofing, Inc. 740-858-5233 W. Portsmouth, Ohio

LEGAL SERVICES PLAN Robert Dunlevey, Attorney

937-223-6003

WORKERS’ COMP GROUP RATING PLAN Bob Butts

513-231-4023

STAFF

Executive Director - Robert Pope Deputy Director - Valerie Dahlberg Office Manager – Rachel Chelgren Account Manager –William Gunter

Staff Assistants – Renee Barbee & Megan Pope Secretary - Phyllis Hoop Editor - Valerie Dahlberg

Published by OHIO ROOFING CONTRACTORS ASSOCIATION

2210 Arbor Blvd. Dayton, Ohio 45439 orca@assnsoffice.com

Based on BWC field staff and external customer input, BWC has determined its direction in several areas: Dual Reserving Approach The Dual MIRA/Tabular approach was used for private employers for 2002 and the dual approach will be used again for 2003. BWC will use MIRA only for the PA 2004 policy year beginning 7/1/04. Handicap Reimbursement Applications For the Private 2003 rate year the Public employer’s 2004 rate year, BWC will apply handicap applications to the reserve the same under MIRA as it does under Tabular. This will allow BWC staff to take the current MIRA or Tabular reserve, and for the purpose of projecting a reserve reduction, reduce the reserve by the percentage requested in the handicap reimbursement applica-tion. Of course the ultimate reserve reduction is dependent on the application’s final outcome. Salary Continuation BWC’s current reserve approach to Salary Continuation remains the same as BWC will no reserve

BWC NEWS FLASH: a lost time claim where the employer has paid salary continuation. This approach is in accordance with the current policy and the revised salary continuation policy to go in effect January 1, 2003. However, BWC is looking into possible exemption situations (i.e. known catastrophic claims) where the medical costs in a claim pass a threshold which potentially could necessitate the reserving of just the medical portion of the salary continuation claim. If and when this

threshold is identified, it would be communicated to all interested parties and would be part of the new salary continuation policy effective January 1, 2003. As a reminder the new Salary Continuation policy will be available after November 1 and becomes effective January 1, 2003.

John Romig, Chief, Employer Operations, BWC 614-728-7097

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Time tested Roofing and Sheet Metal Company has

cash to purchase profitable roofing and/or Sheet Metal Business. Ideal candidate would have sales $1M to

$15M. Purchase tailored to suit seller. All responses

kept confidential.

Send replies to: Sr. Vice President

P.O. Box 5310 Vienna, WV 26105

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Join your colleagues at the Roofing Contractors

Association of Central Ohio

Membership Meeting

Every Fourth Tuesday 5:30 p.m. Cocktails 6:00 p.m. Dinner

6:30 Industry Speaker

Milanos Steakhouse 3105 Westerville Road

Call 888-294-0084 for details�

Here’s what we know for certain: The Senate in the 108th Congress will have a t least 51 Republican, 47 Democrats, and one Independent. That adds up to 99 senators. What we don’t know for certain is whether the 100th senator will be incumbent Louisiana Senator Mary Landrieu (D) or State Elections Commissioner Suzanne Haik Terrell (R). That answer will come in the December 7 runoff elec-tion...So what does this mean for the 108th Congress? Generally it has at least tow important implications. First, the 108th will have more senators truly committed to the notions that free and fair competition is good for the American economy and that when business are allowed to grow and prosper, the American workers benefits as well. Second it means that the Senate logjam has come to an end—at least until 2004– and that Congress can busy itself with the nation’s business by tackling issues such as expand-ing access to affordable health care, ensuring America has a reliable supply of energy, and

Legislative Forecast: What’s in store for our industry? providing a sensible plan for terrorism insurance.

This article was brought to you by: R. Craig Silvertooth, Director of Federal Affiars National Roofing Contractors Association NEXT MONTH: THE OHIO STATEHOUSE FORECAST FROM LUTHER LIGGETT, JR. OF BRICKER & ECKLER

ALSO….DON’T MISS LUTHER LIGGETT, JR. AT THE ORCA CONVENTION - JANUARY 15 - RAMADA PLAZA

4226 OVIATT ROAD • RICHFIELD, OHIO 44266 www.weathersafe.com

Office: (330) 669-9722 Fax: (330) 659-9719 Toll Free: (800) 488-4411

Rick Russell Keith Lindquist Kevin Christian

AREAS COVERED:

Ohio

Western Pennsylvania

Indiana

Kentucky

West Virginia

Southern Michigan

ROOFING SYSTEMS:

�� POLYGLASS USA, INC. – Modified roof products – an ISO 9004 company. Featuring Insulroofing.

�� BURKLINE ROOF SYSTEMS – Hypalon single-ply membrane. Featuring VAC-Q + Roof Systems.

�� ROOFING PRODUCTS INTERNATIONAL (RPI) - EPDM Roof Systems. Featuring non-penetrating mechanically fastened roof system.

ROOF ACCESSORIES:

�� IPS CORPORATION – Coated Flashings for sloped roofing.

�� TRU-FAST CORP – Fasteners and termination/batten bars. Featuring P.A. Fastener Systems

�� MARATHON ROOFING PRODUCTS, INC. – Roof drains and vent products. Featuring the Proliner Drain.

�� AC PRODUCTS – Caulking, Featuring flexible seal applied at temperatures to –20º F.

�� GARDENER GIBSON COATING

�� FLAME ENGINEERING – Manufacturer of propane torches. Featuring Red Dragon SPA 540 Modified Wagon

THE SUCCESSFUL COMBINATION

TEMPORARY AUTHORIZATION

TO REVIEW INFORMATION

TO: Ohio Bureau of Workers’ Compensation

Risk Technical Department, L22

Self-Insured Department, L26

Please mark a box and return to: Hunter Consulting Company 6600 Clough Pike PO Box 54865 Cincinnati, Ohio 45254-0865 FAX NO: (513) 231-4325

NOTE: For this to be a VALID letter, it must be stamped by the Self-Insured Department for self-insured employers or by the Risk Technical Services Department for all employers other than self-insured. This authorization, being temporary in nature, will not be recorded via computer or be retained by the Risk Technical Services Department. A copy must be in the posses- sion of a representative when requesting service relative to the authority granted therein.

This is to certify that Hunter Consulting Company, of 6600 Clough Pike, P.O. Box 54865, Cincinnati, Ohio 45254-0865, including its agents or representatives identified to you by them, has been retained to review and perform studies on certain Workers’ Compensation matters on our behalf.

This limited letter of authority provides access to the following types of information relating to our account:

1) Risk files 2) Claim files 3) Merit-rated or non-merit rated experiences 4) Other associated data

This authorization does NOT include the authority to:

1) Review protest letters 2) File protest letters 3) File form CHP-4 4) File motions, I-12’s or IC-88’s 5) File self-insurance applications 6) Represent the employer at hearings 7) Pursue other similar actions on behalf of the employer

I understand that this authorization is limited and temporary in nature and will expire on _______________________ or automatically six months from the date received by Risk Technical Department of Self-Insured Section, whichever is appropriate. In either case, length of authorization will not exceed six months.

BWC-0503 (Rev. 02/13/2001) AC-3

From: Policy number Entity DBA Address

Telephone number Fax number E-mail address

Print Name Title Signature Date

OHIO

ROOF

ING

CONTRACTORS ASSOCIATION

SAFETY NEWS: Daily Job Logs

There are fewer subjects of greater concern to companies than the pressure that the rapidly changing Industrial Environment of Safety and Health has placed on organizations. The Federal and State governments have obligated companies to observe thousands of Occupational Safety and Health require-ments, such as maintaining injury and illness records, adopting safety programs, self-inspection programs and training of employees. The contractor who doesn’t have a written Safety and Health Program is among the most vulnerable. The lack of OSHA required paper trail is the highest on the list of most cited offenses. Even thought the thought of an OSHA inspection or receiving an OSHA citation is what keeps contractors awake at night, what should rally be on our minds is the relentless pursuit of the almighty dollar that attorneys have brought into the game. State and Local prosecutors and grand juries are not issuing OSHA citations; they’re serving indictments for murder, manslaughter and other crimes punishable by prison. Seeking criminal penalties against contractors has become common practice.

Defending against these charges can become a much easier task when the contractor has a written Safety and Health Program. Where do You Start? I read in an article the other day that stated there are over 4,000 areas in the code that require some form of documentation. For the most part I believe our contractors do make safety their number one concern on the job site. It is just a matter of teaching them to document what they are already doing. The most critical component to doing this has got to be the foreman.

Daily Job Logs All day long our crew leaders are working out the safest way to accomplish their production goals whether its personal protective equipment or fall issues or scaffolding. And yet at the end of the day it seems their paper trail simply discusses the production they get accomplished not the hazards they addressed and/or eliminate or the people they warned about a safety rule or violation. Is this because they are accustomed to only receiving notice or praise when they accomplish production goals? Acknowledgment, reward and praise lead people to accomplish production goals safely. Notice and encourage comments regarding safety in job logs. These comments, or the lack of comments are a great key to determine the foreman’s knowledge and awareness of safety, and will give us a measure of what we need to provide in training equipment, Personal Protective Equipment, etc.

�� This article is offered to you by Ron Gilbert of Progressive Safety Systems, Inc. This firm specializes in customized safety programs including customized safety manuals and onsite safety audits. PSS, Inc. is also an OSHA training provider and trainer. Contact them at: 330-455-1943 or email them at: safsys1@aol.com Also online at: www.safety-sys.com

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INTOXICATION AND THE BWC: What you should know… From our Legal Counsel, Gary Auman of Dunlevey, Mahan & Furry

As you probably are aware, the Ohio legislature modified the Ohio Workers’ Compen-sation law in April 2001. This modification provided a statutory amendment which created a situation where the Bureau of Workers’ Compen-sation would presume that the claimant’s intoxication was the cause of his injury. In order to establish this presumption, the employer has to prove five points. These points are listed below:

1. The Employer must prove that the claimant was given notice that the

results of or a refusal to submit to a chemical test may affect his or her workers’ compensation rights.

2. The employer has to demonstrate that the necessary tests were administered within 8 hours for alcohol, or within 32 hours for drugs, of the injury , or that the claimant refused to submit to the requested test.

3. The employer must prove that the specified drugs

were not prescribed by the claimant’s physician.

4. The chemical test used must be one of those specified in the statute.

5. The test results must reveal concentrations equal to or greater than the concentrations set forth in the statute.

In hearings before the Industrial Commission, hearing officers have been demanding that the employer produce an acknowledgment signed by the employee that they were aware of the new requirements of the statute. There is some concern that employees might refuse to sign the acknowledgment if it implies that they agree with the revisions to the statute. There fore, we are have prepared an alternative form of acknowledgment in which the employee merely confirms that he or she has received notice of the change in Ohio workers’ compensation law.

This new acknowledgment can be used in different ways. First, it would be appropriate to hand the notice to your employees and then make a list of each employee who

receives it. In this case, the best way to deal with the situation would be to have the notice handed to an em-ployee in front of a witness who can countersign your list of employees to whom this has been communicated. Another way to communicate this notice would be to read the notice in an employee training session. If this is the approach taken, you must be very careful to be sure that the employees understand the importance of this notification and that the importance of the notice is not lost because it is just one of a variety of presentations made during that employee meeting. A third way, and the one which we prefer, is that the notice be handed to each employee and that the employee sign some sort of receipt of a copy of the notice indicating that they have been given the notice.

If you have any questions concerning the use of this new system of acknowledgment, please feel free to call the BFBA Office at 888-294-0084 or use your monthly call to the Legal Services Plan.

CASH BACK

Questions? Call your Association Office Staff atQuestions? Call your Association Office Staff atQuestions? Call your Association Office Staff at 888888888---294294294---7733 or email them at orca@assnsoffice.com7733 or email them at orca@assnsoffice.com7733 or email them at orca@assnsoffice.com

Now when you become Now when you become Now when you become a firsta firsta first---time member of time member of time member of the ORCA your dues the ORCA your dues the ORCA your dues investment of just investment of just investment of just

$125.00 $125.00 $125.00 can be turned into can be turned into can be turned into

CASH CASH CASH BACK!BACK!BACK!

With your paid dues you will receive a certificate for $100.00 off any

purchase of $1000.00 or more from any participating Associate Member.

They already know the benefits that membership can hold for themselves and for their

customers. Now they want to help you to experience what ORCA can do for your company too!

Participating Associate Members include: Allied Roofing Products Cassady-Pierce Corporation Hy-Tech Roofing Products Mueller Roofing Distributors North Coast Commercial Roofing Systems

OR

CA Membership

Recruitment Offe

r

The undersigned hereby makes application for Membership and the dues will be as follows:

ROOFING CONTRACTOR — $250.00/YEAR ASSOCIATE MEMBER — $225.00/YEAR

* SPECIAL OFFER *

FIRST YEAR MEMBERSHIP IS $150.00 THIS IS A ONE TIME ONLY OFFER

To enable the Association to classify this application properly, the following information is requested.

CORPORATION _____ PARTNERSHIP _____ PROPRIETORSHIP _____

Please check the type of work that your company is involved in:

BUR _____ COLD APPLIED _____ ROOF DECK _____ URETHANE FOAM _____ ELASTO/PLASTIC _____ SHINGLE _____ SLATE, TILE _____ WATERPROOFING _____ OTHER _________________________

Associate Membership applicants should check the appropriate category: MANUFACTURER _____ SUPPLIER _____ OTHER _________________________

FIRM NAME ________________________________________________________________ ADDRESS __________________________________________________________________ CITY, STATE ________________________________________________________________ ZIP ____________________ COUNTY __________________________________________ PH: ___________________________________ FX: _________________________________ EMAIL ________________________________ URL ________________________________ FIRM REPRESENTATIVE _____________________________________________________ ALTERNATE ________________________________________________________________ SUBMITTED BY _____________________________________________________________

By the applicants signature, if accepted for membership in the Ohio Roofing Contractors Association, agrees to abide by the Constitution and By-laws.

Make check payable to ORCA and return with application. Payment via Visa, MasterCard and American Express are also accepted.

Card Number _____________________________________ Expiration Date _____________

Name on Card _______________________________________________________________

Authorized Signature __________________________________________________________

Send back completed form and payment to:FAX: (937) 294-0351 or MAIL: 2210 Arbor Blvd., Dayton, Ohio 45430

Have Questions? Call 888-294-7735

MEMBERSHIP APPLICATION Ohio Roofing Contractors Association OHI

ORO

OFIN

GCONTRACTORS ASSOCIATION

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