The Kansas Contractors Association is a professional association of contractors and those who provide supplies and services to the heavy, highway and utility construction industry. Working together, our members promote a better industry by advancing their level of skill, integrity and responsibility while improving the quality of life in our communities.
Martin Outdoor Enterprises, Inc., Pittsburg, KS
Clarke Well & Equipment, Inc., Great Bend, KS
The Hanover Insurance Group, Overland Park, KS
The Miller Group, Overland Park, KS
New KCA Executive Director
KCA President Kelly Briggs has announced Michael White will be the new Executive Director of the Kansas Contractors Association. Bob Totten will be retiring in August.
Jason Van Nice, PE, Stormwater Compliance Engineer, KDOT – Bureau of Construction and Materials, asked us to share the following with our members. The new SW Compliance plan can be seen here.
As noted below, our Consent Decree with the EPA has been terminated. This allows us to move forward with some long anticipated improvements to our processes. The attached compliance plan outlines the basic structure of our compliance program moving forward. As you will see, the general day-to-day business of permit compliance is not dramatically affected. It is important that we continue to dedicate the resources to developing and implementing effective SWPPPs and BMPs on all of our construction projects.
There are a few significant changes I want to make sure everyone is aware of. A new special provision, 15-9002-R03, was distributed this morning and will be incorporated in all projects beginning with this month’s letting. We will also be adding this provision by change order to a few ongoing projects. Sue Eiseman has already sent this information to the construction offices responsible for those projects.
Second, the training requirements have been changed. All attendees of the upcoming classes, beginning next week with KCA’s offering, will receive the Construction Stormwater (CSW) certification valid for four years. The training requirements are now the same for the Contractor’s WPCM, KDOT Area/Metro Engineer, and KDOT/Contractor Inspectors. The classes will continue to include the field component and include approximately 14 hours of training time. This is slightly longer than the EIT class by itself but still shorter than the EIT+EMT combined. The K-State website has been updated with the new course title (Construction Stormwater) for registration at http://citksu.com.
The oversight inspection frequency is also changed effective immediately. Oversight inspections will now be required at a frequency of once per 90 days. I will follow up with affected individuals on this change.
I am working on a revision to the inspection form 247. I received a number of comments and suggestions on this revision and I anticipate the new version will be available for use within the next few weeks.
It has been a long journey through this consent decree process and I want to again thank all of you, whether KDOT, contractor or consultant, who have contributed to this success with hard work and dedication. As we move forward into this next phase, I hope we continue to work together to improve our program and maintain our forward progress.
If you have questions or suggestions for further improvement please do not hesitate to contact me. There will likely be other changes as we work through this transition and I will do my best to keep everyone informed.
Jason Van Nice, PE
OSHA Begins Full Enforcement of the Silica in Construction Standard
On October 23, 2017, the U.S. Occupational Safety and Health Administration (OSHA) begins full enforcement of its respirable crystalline standard for construction. If your construction company operates under OSHA state-plans in one of 26 states or two territories, it is important that you check to see if your OSHA state-plan agency is following the federal OSHA’s lead with this enforcement policy.
Although AGC remains engaged in litigation against the rule in federal court, a final decision is not expected until 2018 at the earliest. As such, AGC continues to engage the Trump administration.
In the meantime, AGC recognizes that construction companies must abide by the silica regulation, because it is the law. That is why we developed the “Respirable Crystalline Silica in Construction” webpage with a host of resources—sample forms, webinars, flowcharts, FAQs, and more—to help AGC members understand their compliance responsibilities. Please take advantage of those resources.
Details on Latest OSHA Enforcement Guidance
Late last week, OSHA issued a memorandum to OSHA Regional Administrators providing interim enforcement guidance for Compliance Safety and Health Officers (CSHOs) commencing enforcement on October 23. The memorandum serves as interim enforcement guidance and expires when the standard’s companion compliance directive becomes effective and available to the field.
It is important to note, however, that the memorandum does not provide specific enforcement guidance on all the standard's provisions. In addition, due to the new requirements in 29 CFR 1926.1153, OSHA has revoked their National Emphasis Program on Crystalline Silica which provided guidance to CSHOs for targeting inspections of jobsites with the potential to generate elevated exposures to crystalline silica.
The memorandum outlines inspection guidance for CSHOs for both methods of compliance – Specified Exposure Control Methods (Table 1) and Alternative Exposure Control Methods (Performance and Scheduled Monitoring Options). During an inspection/investigation, CSHOs will:
The memorandum also approves the use of sweeping compounds (e.g., non-grit, oil- or waxed-based) as a housekeeping method; clarifies that the 30-day trigger to make medical examinations available to employees who will be required to wear a respirator for 30 or more days a year applies per employer (exposures with previous employers do not count toward the 30-day total); and outlines how exposure variability will be taken into consideration when comparing the results of employer and CSHO samples.
Although the memorandum does not include specific guidance on required employee information and training (paragraph (i)(2) of the standard), AGC encourages contractors to continue to ensure that employees covered by the standard are trained in accordance with the provisions outlined in the standard.
2017 Construction General Permit Update
KDHE has finalized and published the 2017 Construction General Permit. Please click here for highlights of the changes made from the 2012 permit. The permit and other supporting documents may be found on KDHE’s website http://www.kdheks.gov/stormwater/index.html#construct.
We will be updating the relevant special provisions and other documents to comply with this new permit for future projects. There have been significant changes to the inspection frequency and various other sections that will impact our operations.
Please remember that all projects currently in progress are still subject to the terms of the 2012 permit. We will discuss procedures for transitioning to the new permit conditions and make those decisions over the next few weeks.
If you have any questions please contact Jason Van Nice at the phone number below.
Jason Van Nice, PE