Spring 2007 - California Framing Contractors Association

2007 Board
Members
California Framing
Contractors
Association
Bill Dickinson
President
County Line Framing
Craig Backstrom
Secretary
Surco Development
Joseph L. Bunker
Treasurer
B&B Framing, Inc.
Mark Benedetti
Board Member
SelectBuild Southern
California
James Elliott
Board Member
Trico Framers, Inc.
Frank Mercier
Board Member
Lucas & Mercier Co.
Bill Montalvo
Board Member
Mon-May Enterprises, Inc.
Dale DeCarlo
Board Members
Preferred Framing, Inc.
Thomas Rhodes
Board Member
T.W.R. Framing
John Romero
Board Member
JR Framing, Inc.
Valerie Smith
Board Member
Stevco Framers
John Volkman
Board Member
SelectBuild Northern
California
John Williams
Board Member
Rancho Framing, Inc.
Committed to improving our industry through safety,
training, education, and being proactive politically.
To protect and improve our future for the next generation.
CFCA Newsletter
Inside this
issue:
President’s
Message
Pg.1
AssociatePg.2
Spotlight – California
Forklift
AssociatePg.3
Spotlight – HCS Cutler
and Job Site Direct
AssociatePg.4
Spotlight –
James Hardie
From the DeskPg.6
of Jodi Blom
Governor’sPg.7
Healthcare Reform
Proposal
UnderstandingPg.8
the Mysteries of
Experience Rating
Help CurbPg.9
Construction
Defect Litigation
CALPASCPg.11
OCIE News Desk
Mastering Pg.12
the Mysteries of
Workers’ Comp Rates
Reduce Claim Pg.13
Costs
FLASH REPORT! Pg.14
Court Backs
Cal/OSHA
Friend of the Pg.15
Court Brief
The articles in this newsletter are intended
to be used for informational purposes only
and not intended to be legal advice. CFCA
recommends that the reader seek advice of
individual legal counsel or expert consulta-
tion regarding any newsletter article’s applicability to one’s organization.
Volume 4, No. 1 - Spring 2007
President’s Message:
The CFCA has been in operation for
over five years and together has
grown to a membership of over
85 companies, including its
Associate Members. Thank you to
all your support over the years.
Together, we have a united voice to
represent the interests of the framing industry.
One of the main missions of the
organization is to provide userfriendly resources and information
on safety practices specific to our
industry. This includes representation at all of the Cal OSHA
Standard Board Meetings held
throughout the State and representation at the Cal OSHA Advisory
Committee Meetings, which recommends regulatory language to the
governing board. We need to insure
that the regulations established are
those that employers can implement
and adhere to while making the jobsite safer for its workers.
Currently, the CFCA Safety
Committee is meeting monthly to
establish extensive safety training
for foremen and other supervisory
staff entitled, 8 Core Elements of
Real World Safety & Health for
Residential Framing. This all-day
class will be offered to our members this Spring. We are currently
reviewing the curriculum to insure
that this class is one that Cal OSHA
will approve.
The Safety Committee will also be
working on establishing tailgate
trainings and other resources
that will be distributed to our
members and available through
the “Members Only” section of
our website.
The CFCA recently retained Bob
Closson, Attorney with Summers
and Shives, APC, to file an Amicus
Curiae brief on behalf of the CFCA
to the California Supreme Court
requesting the Court review the
Court of Appeal decision in the
Crawford v. Weather Shield case. It
was a decision that greatly impacts
the obligation of the trade contractor to pay the cost to defend the
builder even if the trade contractor
was deemed not to be negligent in
the work performed. Please see his
article within this issue describing
the amicus brief. If you want a copy
of the brief, please contact Jodi
Blom at (916) 485-3367.
Check out our website:
www.californiaframingcontractors.org
Page 2
Associate Spotlight – California Forklift
California Forklift has been an active
sponsor of the California Framing
Contractors Association since its inception. Having watched the Framing
Industry grow and mature throughout the
last several decades, the CFCA seems a
natural, if not overdue step in a muchneeded direction. As with construction in
general, the Framing Industry is a major
employer and economic force and as such,
needs a unified voice in Sacramento and a
substantive role in crafting potential legislation. As we share many common goals
and our futures are so intertwined, we are
grateful for the opportunity to support the
CFCA and learn more about the issues facing our customers.
California Forklift has a long history in the
Material Handling Industry. Just like many
of you, we go back to the glory days when
the Pettibone Super-8 was king. In the
70’s, we were one of the first rental fleets
to carry the Loed Material Handler and
then purchased ten of the first 534B
Gradalls. From 1983 on, we have been
affiliated with the Gradall Material
Handlers and have watched Gradall’s
California market share grow to its current
impressive 55%. Although we are familiar
with and work on many other manufacturers products, we have remained loyal to
Gradall simply because we strongly
believe it is the best product available and
has shown itself to be superior to truly
keep up with the high degree of difficulty
of production found among California’s
Framing Industry.
California Forklift is located in Anaheim
and serves the entire southern half of the
state – we will go wherever you go. Our
sales and management team has over 90
years combined experience in the industry.
With 14 mechanics, 8 field service trucks,
3 lowboys, mobile and in-house tire service and a complete welding, fabrication,
and machine shop, California Forklift is
the largest JLG/Gradall service center on
the west coast. Outside the JLG factory,
we have the largest Gradall parts stock in
the country. All of this translates into rapid
response and greatly minimizes our customer’s downtime – something we take
CFCA Newsletter
great pride in. Our rental fleet is 85 strong,
we average retail sales of 100 plus units
a year, and our service center is responsible for the maintenance of over 400
customer owned machines. For greater
material handling needs, we also offer a
rental fleet of intermediate sized tower
cranes that provide additional coverage to
your job site. Additional company information is available on our website,
www.californiaforklift.com. In Southern
California, we are blessed with a market
share that allows us to narrow our focus
and do principally one thing – and do that
one thing very well.
There is an old adage – “One hand washes
the other.” Our customers and their loyalty
to us is truly what has made us special and
we will never forget that. Our support of
the CFCA is another way in which we can
return the favor and we can both grow
together.
CFCA Newsletter
Associate Spotlight – HCS-Cutler and Job Site Direct
With more than 47 years in the
Construction and Industrial supply business, we have many experiences to hang
our hat on, especially in relation to CFCA,
developing many products such as Gun
Nails, Hammers, and Specialty Tools.
Most of the Framers know what HCSCutler is known for: innovation and service. HCS-Cutler has a long history of family ownership, which is still current and in
place. Our original founder, Leo Cutler,
after 47 years, still plays
an active daily role! Now,
how many businesses have
this pride of ownership?
HCS-Cutler has eight
stores
in
Southern
California with our newly
launched Job Site Direct
service, for the ones that
have not seen this service
ask your local branch to
have JSD visit your project. Job Site Direct was
developed from understanding the contractor
needs for incidental items
that you run short with at the job site, we
assure you it will be a labor saving service
that is a must need, during our past experience as contractors we always hoped that
job site service would be at our job sites.
Covering spotlights such as CFCA we
always talk about specific trade values.
USP Hardware, Zone 4 Hardware,
Halsteel Nail, Stanley Bostich, Fortifiber
Flashing Papers, Simpson Anchor Systems
Page 3
and Power Tools, these are just to name a
few areas that our Inside and Outside sales
staff have extensive training and experience with. We also have a complete prebid department that prepares take-offs,
pre-bids and project submittals this service
is a no cost just another service HCSCutler offers. With some of the additions
to the company we have selected a great
deal of experience to better support bidding, planning this way we maximize your
project profits, rest assured as I said we
have many years of contracting experience
and with comes in depth contact to many
developers various committees and we are
always recommending our valued customers. We look forward to being your
partner and recommending your company
and assisting in maximizing your profits.
Please contact our Corporate office
@ 909-987-0094 or web site @
www.hcscutler.com for information to
locations in: Canoga Park, Colton,
Pomona, Rancho Cucamonga, Thousand
Palms, Victorville, Lawndale and Santa
Ana California.
Page 4
Associate Spotlight – James Hardie
The Benefits of James Hardie® Siding
Products with ColorPlus® Technology
Add Up for Framers and Builders
James Hardie Building Products has added
new colors to its “no-paint” line of siding
products featuring ColorPlus® technology. Now builders in Southern California
can select from 20 turnkey colors to create
distinctively different homes and
streetscapes that draw in buyers. James
Hardie also manufactures a complete exterior wrap of ColorPlus® products that
include trim and soffit.
The ColorPlus® palette was developed by
Leslie Harrington, a color consultant for
Pottery Barn, Benjamin Moore Paint and
Crayola. She created a range of complementary colors that allow builders to easily
add multiple colors and accents to a single
home – and an entire neighborhood.
Research shows that as many as 60 percent
of buyers make a purchasing decision based
on color, so it makes sense to go with a pro.
Jobsite-Ready
For framers, James Hardie® siding prod-
ucts with ColorPlus® Technology offer a
more streamlined workflow with fewer
return headaches. Precision-manufactured
for uniform quality, every piece contains a
mar-resistant coating. Boards are then
shipped with a protective plastic laminate
that easily peels off once installation is
complete. James Hardie even supplies a
handy touch-up system for on the spot
repairs of any nicks or installation dings.
Contractors who are eager to start using
James Hardie can get up to speed quickly
through installation training services.
James Hardie employs a nationwide team
of installation specialists who make onsite visits to advise how to handle and
work with James Hardie products. They
review available tools, and the general
requirements when installing James
Hardie siding, trim and soffit products.
For more information on James Hardie’s
jobsite installation training here in
Southern California, please call Rich
Stamsek at 661.492.6068.
CFCA Newsletter
Concrete Advantages for Homeowners
James Hardie siding products with
ColorPlus® technology is an easy sell for
customers, too. A 15-year finish warranty
will appeal to anyone who has better
things to do than climb ladders and make
multiple trips to the paint store. This, along
with up to a 50-year limited transferable
product warranty, gives the homeowner
the security that their home’s exterior is
covered by one reliable manufacturer.
Southern California builders and their customers can rest easy knowing that James
Hardie siding products are the ultimate
exterior armor against the elements.
According to industry professionals, the
building system used for James Hardie siding provides water-shedding capabilities,
unlike stucco. James Hardie® siding
products are also non-combustible and
resistant to insects; often resulting in discounts on homeowners insurance.
Market Differentiation
In a world of stucco sameness, James
Continued on Page 16
™
The FutureFlash System Helps
Prevent Unwelcome Guests
Pictured: Stachybotrys chartarum (toxic mold)
Wind, rain, and ice aren’t the only unwelcome guests trying to enter your home! Intruders such as
toxic mold* and mildew have been linked to serious health problems, not to mention expensive
remediation. That’s why it makes sense to invest in the FutureFlash™ Window Sealing System before
the siding material goes on. Patented FutureFlash™ Waterproof Membrane and FutureFlash™ Sealant
create a state-of-the-art barrier designed for use with all siding materials, but especially traditional
stucco, where significant through-wall moisture movement can occur. Installed as directed, the
FutureFlash System protects against leaks and interior damage, yet the unique “weep”
characteristic of the system lets the structure breathe. Moisture drains away – wall
cavities stay drier – and that helps discourage “unwelcome guests” from moving in!
With FutureFlash, what belongs outside stays outside!
MFM Building Products Corp.
P.O. Box 340
Coshocton, OH 43812
800-882-7663
by Schnee-Morehead, Inc.
111 N. Nursery Road
Irving, TX 75060
800-878-7876
*To obtain the most up-to-date information for preventing mold, mildew and bacteria growth, consult your state and Federal environmental and health departments for recommended guidelines.
Page 6
From the Desk of Jodi Blom
Member Survey Results
Thank you for participating in the member survey at the end of last year. Some of the results
of the surveys appear in the graphs in this
issue.Approximately 35 companies responded
to the survey (about 30% of our membership).
Specifically, members indicated that they
would like to have people with expertise in
housing trends, safety, Cal OSHAupdates, legislation, and new industry products speak at
our General Membership meetings. We are
contacting speakers for the next year and welcome your suggestions. If you have heard anyone who you believe would be able to provide
us with valuable information in any of those
topic areas, please let me know.
It is our continued goal to provide our members
with the information and resources to stay
apprised of industry trends through updates,
newsletters, and speakers. We will continue to
represent the industry at various State
Regulatory Agency hearings, such as the Cal
OSHA Standards Board of Directors meetings
held monthly throughout California, Cal
OSHAAdvisory Committee Meetings that dis-
CFCA Newsletter
cuss specific regulatory language for various
statutes, and the Cal OSHA Directors Advisory
Committee that Kevin Bland, CFCA General
Counsel, was appointed to last year. The Cal
OSHA Directors Advisory Committee is made
up of all the department heads of Cal OSHA.
Safety Committee
The Safety Committee has been meeting
regularly to develop safety training and training materials for CFCA members. Our first
venture was to establish a training program
for foremen specific to residential framing
contractors. Rudy Lopez from County Line
Framing is Chairman of that committee and
has worked diligently with the Safety Center
and Cal OSHA in Sacramento to develop this
extensive training.
We had approximately ten people participate
in this committee, and if any of you would
like to attend these meetings, please let me
know so I can get you on our distribution list
to notify you of our meeting dates and times.
We will next be working on safe practices for
pneumatic nailers, ladders, and skill saws.
The committee is also looking at producing
videos on job site safety for CFCA members.
CFCA Elections
We will be holding elections this Spring
for Board of Directors positions. If you are
interested in becoming a member of the
Board or if you would like to nominate a
candidate, please let me know.
Website
This is a reminder that our CFCA website
(www.californiaframingcontractors.org)
contains copies of our current and past newsletters, safety materials developed by the CFCA,
Associate member information, and information that was distributed to members throughout
the past few years. If you have forgotten your
password for the membership-only section of
the site, please contact Melanie Thomson, our
CFCA Membership Coordinator, at
(916) 783-5363 or e-mail her at
melaniethomson@surewest.net. We also
post our meeting dates on the site so you
can start planning your year.
Jodi Blom can be reached by telephone at
(916) 485-3367 or e-mail at jblom@iwins.com
CFCA Newsletter
Page 7
Governor Schwarzenegger’s Healthcare Reform Proposal: How Does It Affect Employers?
On January 8, Governor Schwarzenegger
announced his proposal to reform the
healthcare system in California. His
proposal
would
directly
affect
every California resident, and almost
all employers doing business in
California.
According to the Governor’s announcement, every California resident would
be required to have healthcare coverage.
Residents who do not have coverage
through an employer could purchase
individual health insurance policies
from an insurance carrier (which would
not be able to pick-and-choose who to
cover). Anyone who walks into a hospital or doctor’s office in California could
enroll in a health insurance policy at the
point-of-service.
The Governor’s proposal would not
require employers to maintain a group
health plan for employees and depend-
ents.
However, every California
employer with ten or more employees
would pay a state tax equal to 4% of
their California-based payroll to help
fund healthcare for residents. The tax
would be reduced to the extent the
employer makes contributions for
healthcare coverage of its Californiabased employees and their dependents.
Employers would also be required to
maintain a cafeteria (or section 125)
plan, so that employees can make their
contributions for healthcare coverage on
a before-tax basis.
For example, suppose an employer has
50 employees (all in California), and a
total payroll of $1.5 million. If the
employer does not have a group health
plan for its employees and dependents,
it would pay a state tax of $60,000
under the proposal. If the employer has
a group health insurance policy, and
contributes $50,000 towards coverage
of its employees and dependents, then
the state tax would be reduced accordingly (in this case, to $10,000).
Employers subject to the tax need to ask
themselves several questions. First of
all, how important is a group health plan
to the employer’s human resources
strategy (especially for employee
recruitment and retention)? If the
answer is “minimal,” then the employer
could terminate its plan (or continue to
forego having such a plan), pay the 4%
state tax, and saddle employees with the
responsibility for obtaining health insurance coverage directly from insurance
carriers. On the other hand, if the group
health plan plays a vital role in the
employer’s human resources strategy,
then the employer should confirm that it
contributes at least 4% of payroll to the
Continued on Page 19
Page 8
CFCA Newsletter
Understanding the Mysteries of Experience Rating as it Relates Your Workers’ Compensation Insurance
Over the last couple of years, we have gotten a number of questions about the
California Experience Rating System and
the reasons for having the system.
Experience rating was created by the regulators—Department of Insurance (DOI),
Workers’ Compensation Insurance Rating
Bureau (WCIRB), and the Department of
Industrial Relations (DIR)—to reward or
punish employers for their safety efforts or
lack of safety efforts. It is a strongly held
belief of the regulators that individual
employers will only spend money on safety if there is a reward or punishment.
The WCIRB collects individual loss, payroll, and policy information from each
employer in California. This data is reported on a regulated basis once each year
whether an employer has an experience
modification or not. Using this data the
WCIRB recommends and the DOI
approves expected loss rates, which based
on payroll for each employer by class
allows them to know what the average
losses should be for each employer.
Using this average data and payrolls, an
employer is issued a mandatory experience rating for a period of one year if they
meet the minimum qualifying premium.
Currently, this is around $20,000 per year
and varies each year. The goal of the system is to exempt the smallest employers
due to the fact that only one loss could
impact them in an unfair manner. It is also
a goal of the system to have an equal number of employers under or over 100%.
Each employer’s actual loss experience
over a three-year period is compared to the
expected loss in their class codes on their
policy, and if the losses are equal to the
expected losses, then the Experience
Modification will be neutral or at 100%. If
losses are less than expected, then the
experience modification will be a credit
and reward the employer. If the losses are
greater than expected, then the experience
modification will be a debit and will
increase premiums for the employer. The
experience modification is recalculated
each year with the qualifying premium,
expected loss rates, losses, and payroll
adjusted by deleting the oldest year and
adding the next year in line.
When losses are declining in the State and
rates are declining as they are currently,
the losses allowed for each class decrease
to reflect the improvement in loss ratios. If
the losses decrease, then usually the modification will also decrease. If an employer’s losses stay the same, then the experience modification will usually increase.
This may seem counterintuitive, but it is
the goal of the regulators to create incentives for employer’s to continually
improve their safety programs designed to
prevent losses.
Currently, the WCIRB and the DOI are
studying some changes in the system
beyond the normal yearly adjustments.
There have been no changes to the basic
mathematics of the formulas and the balance in the State has changed to the point
where the average experience modification is now 94% state-wide. The major
proposed change will be how claims are
discounted for severity in the formulas.
Currently, claims over $2,000 are dis-
Continued on Page 16
CFCA Newsletter
One Step All Members Can Take to Help Curb Construction Defect Litigation
In one recent Sacramento County case,
Cooper v. Dunmore Homes, et al., the
developer took a novel approach to guarantee that any future prospective owner of
a house in that litigation received notice of
the litigation. It was quite simple and actually a stroke of genius on Dunmore’s part.
The settlement agreement provided,
among other things, that:
As part of the sale of the SUBJECT
PROPERTIES, without disclosing the
amount of the settlement, each
PLAINTIFF shall disclose to any and
all potential buyers who open purchase
and sale escrows that such PLAINTIFF settled a construction defect
action against DUNMORE, including
a release of the potential buyers’
rights. PLAINTIFFS will allow DUNMORE to record a summary memorandum of settlement agreement
(absent the settlement amount) with
the Sacramento County Recorder’s
office at DUNMORE’s sole option
and will cooperate there with.
Dunmore then prepares a simple two-page
document entitled Notice of Settlement
Affecting Real Property to be signed and
notarized by each settling plaintiff and filed
with the County Recorder. The Notice of
Settlement is available for view on the
CALPASC website in the document library.
The first page is a recitation that plaintiffs
filed an action in the county and sets forth
the legal description of the real property
involved. The notice of settlement states
that the plaintiffs alleged defects in the construction of their home essentially from the
soils to the roof. It also states that Dunmore
and plaintiffs have settled that matter and
that the settlement agreement contains a
waiver of all known and unknown claims
by plaintiffs. Finally, the Notice states that
the release is binding on all subsequent purchasers as to any claims against Dunmore.
Consistent with the settlement agreement,
the Notice then only states that further
information can be obtained by reviewing
the County Court file.
The practical affect of this is that the Notices
of Settlement Affecting Real Property binds
Page 9
Plaintiffs’ successors in interest as well as
Plaintiffs, individually. Thus, whenever
Plaintiff not only goes to sell the house, but
even refinances or does any activity that
would involve a title report, the Notice of
Settlement would appear, raising questions
that might otherwise go unasked/unanswered. This procedure helps ensure that the
Plaintiff is honest in his real estate transfer
disclosure at the time of sale.
In this case, upon settlement of the Plaintiffs’
claims, Dunmore tried to record the many
Notices of Settlement, but the County Recorder
refused to accept them for filing arguing that
there was no authority for such a document.
Dunmore sought a court order requiring the
Recorder accept for filing the Notice of
Settlement. Over opposition from the County
Recorders, the Sacramento County Court
found that the recording of such a document
was proper and permissible under Government
Code sections 27201 and 27280 and ordered
that the County Recorder record the Notices of
Settlement Affecting Real Property.
Continued on Page 17
“Working at Heights”
Safety Manual
Avoid Injuries... Teach Safety!
A must-have safety resource
manual for every employee
working at heights.
Order now for your next safety meeting. All employees
should have one!
Available in black & white at $6.50 each
or full-color at $16.50 each.
Topics In This Manual Include:
• General Safe Practices
• Hanging Joist
• Installing Trusses
• Installing Fascia
• Sheeting
• Wall Framing
Compiled By California Framing Contractors
To Order Please Call:
(909) 989-8550
and we will customize
your Safety Manual
cover with your
company name, logo,
etc. at no additional cost.
CFCA Newsletter
CALPASC OCIE News Desk
With 2007 already in full swing,
CALPASC OCIE already has a lot planned
for this year.
MARCH 2007
Wednesday, 28th
Thursday, 29th
APRIL 2007
Tuesday, 3rd
Wednesday, 4th
Wednesday, 11th
Thursday, 12th
Tuesday, 24th
Wednesday, 25th
Thursday, 26th
Contract Council
Meeting
Plumbers Council
Meeting
Concrete Council
Meeting
HR Council Meeting
OCIE Board of
Directors Meeting
Financial Council
Meeting:
“Mechanic’s Lien”
Roofing Council
Meeting
Contract Council
Meeting
Safety Council
Meeting
Page 11
SAVE THE DATE
Monday, May 7th 4th Annual Golf
Tournament
Eagle Glen Golf
Club and The
Retreat, Corona
Friday, Nov. 2nd
Annual Banquet
Thursday, Nov. 29th Quarterly Dinner –
Economic Forecast
One new addition to the CALPASC OCIE
staff is Roxanne Diffee, our new
Administrative Assistant. Roxanne adds a
new depth to our staff and comes with a
strong administrative background. As our
staff grows, we strive to provide more
services that benefit our members’ ever
changing needs.
This year, I challenge your company to get
involved with one of our Staff Councils,
whether it is you or your staff. The staff
councils are an excellent opportunity for
your company to network with other companies experiencing the same challenges
that you deal with everyday. These coun-
cils can give you and your company the
extra edge you may need to survive and
thrive in today’s economy. Our councils
include a Financial Council, Customer
Service Council, Contract Council,
Human Resources Council, and a Safety
Council. It is our goal to provide education
and member services not just for company
owners and principals but also for staff
members. Education equals success. For
more information about getting involved
with CALPASC OCIE, please either call
or e-mail Beth Curran, CALPASC OCIE
Executive Director at (866) 320-7272
(PASC) or bcurran@calpasc.org.
Page 12
Mastering the Mysteries of Workers’ Compensation Rates
Of all the rate and premium quoting activities, the Insurance Industry does Workers’
Compensation is the most accurate and the
most controlled overall.
There is a three-step process to the published rates that the carriers use as the base
starting point for their premiums. This
process
involves
the
Workers’
Compensation Insurance Rating Bureau
(WCIRB), the Department of Insurance
(DOI), and the insurance carriers.
First, the WCIRB receives from the insurance carriers on a regulated date each year
(which is 18 months after a policy incepts
and for five years annually thereafter) a
copy of each final audit, a loss run, and
other statistical data. They use this data to
compile information on total payroll and
total losses by class code state wide. Each
year they report this data in a number of
different ways. One use is to publish the
expected loss rates used in the Experience
Modifications most employers in
California receive each year. These
expected loss rates are used to compare
your loss experience to the losses a business of similar size determined by payrolls
and class codes are expected to have. The
other major use is to publish the “pure premium” rates that ultimately are used by
insurance carriers to price policies.
The term “pure premium” rate means that
the rate approved by the DOI only includes
actual losses incurred and is adjusted for
inflation, benefit changes, any reforms that
have been passed, and other direct costs of
claims.
The WCIRB is a licensed rating bureau
hired to do statistical analysis and controlled by the DOI. Its expenses are paid
by an assessment against the insurance
companies. They make recommendations
to the DOI each year, usually in April for
the July changes and September for possible changes in the rates in January. In the
April recommendation, they will only
make a recommendation for an overall rate
decrease or increase uniform to each class
code. In the September recommendation,
they change each classification individual-
CFCA Newsletter
ly based on three years data ending 24
months prior to the proposed effective
date, which would be 1-1 of the next year.
This filing as it is called will also contain
recommendations for changes in the class
code language, deletion or formation of
class codes and changes in the experience
rating manual as well as manual rules.
The DOI looks at the filing and the backup
data and has its own experts called actuaries review the process to see if they agree.
They also will call for public hearings and
will take written comments from interested parties concerning any aspect of the filing. Usually by either June for the July
changes or December for the January
changes the DOI will make a public
announcement of the acceptance of the
recommendations, as well as any changes
they make. The DOI has the final word on
what is published as “pure premium rates.”
The insurance carriers take the “pure premium” rates published by the DOI and file
Continued on Page 18
CFCA Newsletter
Reduce Claim Costs: Implement a First Aid Program
While workers’ compensation rates in
California are continuing to decline,
employers can realize additional savings
by implementing a first aid program. Any
claim that meets the legal criteria for first
aid can be paid by the employer, rather
than by the insurance company.
California Labor Code Section 5401
defines first aid as:
“any one-time treatment, and any
follow-up visit for the purpose of
observation of minor scratches,
cuts, burns and splinters, or other
minor industrial injuries, which do
not ordinarily require medical
care. This one-time treatment, and
follow-up for the purpose of observation, is considered first aid even
though provided by a physician or
registered professional personnel.”
The distinction between first aid and medical treatment is based on the type of treatment that an employee receives, not
whether or not a physician was seen.
When a physician is involved in treatment
of a first aid claim, the California
Department of Insurance, in conjunction
with the Department of Industrial
Relations and the Division of Workers’
Compensation, reminds employers and
physicians that they must comply with
Labor Code Section 6409(a), which states
that a physician who treats a first aid
injury must complete and submit a
Doctor’s First Report of Injury or Illness
(Form 5021) with the insurance carrier
within five calendar days. The carrier will
then review the claim to ensure that it
meets the first aid criteria and will generally forward any bills to the employer for
payment upon request.
Although you should report all claims to
the insurance carrier, if an injury meets
the definition of “first aid”— including
no prescription medicine and no lost time
or work restrictions beyond the date of
the injury—the employer may pay the
claim costs directly. All claims paid by
the insurance company under $2,001 go
into the experience modification calculation on a dollar-for-dollar basis and are
Page 13
included in the experience modification
factor for three years. As one mod point
roughly equates to one percent of premium, there is a strong incentive for
employers to pay first aid claims whenever legally permissible, thereby reducing
the cost of their premium.
Although it takes some time and coordination, the financial reward for implementing a first aid program is worth the effort.
You can start by discussing the issue with
your insurance carrier and your designated
medical clinic. Your broker can also be a
resource to facilitate communication, provide education, and help to ensure the success of your first aid program.
Jennifer Weathersbee, Director –
Workers’ Compensation Claim Services,
InterWest Insurance Services, Inc., 3636
American River Drive, 2nd Floor,
Sacramento, CA 95864; Telephone (916)
488-3100; Direct Line (916) 609-8361
Page 14
CFCA Newsletter
FLASH REPORT! Appeal Court Backs Cal/OSHA in Key Multi-Employer Case
A California Court of Appeal rejected the
appeal of Overaa Construction in what has
been regarded as a key test of Cal/OSHA’s
multi-employer worksite regulation.
But the January 31st ruling left unanswered a key question in the controversial
regulation that allows the agency to cite
multiple employers for the same violation.
The Third Appellate District, based in
Sacramento, upheld the Sacramento
Superior Court and the Cal/OSHA Appeals
Board, both of whom ruled that
the Division of Occupational Safety
and Health (DOSH) properly cited
Overaa for a trenching hazard created by
a subcontractor.
Under the multi-employer regulation, multiple classes of employers (“controlling,”
“creating,” “exposing,” and “correcting”)
can be cited for the same hazard on a job
site. In this case, Overaa, which was general contractor on a project to upgrade a
wastewater treatment plant in Alameda
County, was cited as controlling employer,
meaning it was the employer with the
authority to ensure that the hazardous condition was corrected.
Overaa contended that it was not aware of
the violative condition and it had acted
reasonably by continually evaluating the
subcontractor’s work. The company
asserted that the Appeals Board erred
when it concluded that the company’s
“reasonable diligence” was immaterial to
the case. Overaa also maintained that it is
DOSH’s burden to prove that the company
did not exercise diligence in detecting hazards, and further argued that letting the
violation stand would impose a strict-liability standard on general contractors.
But the Appeal Court rejected all these
arguments. However, it did not rule on
whether a general contractor’s due diligence would let it off the hook for a multiemployer citation.
The court said the Appeals Board properly
held that DOSH does not bear the burden
of proving reasonable diligence, Overaa
failed to properly raise the reasonable diligence affirmative defense at the adminis-
trative law level even though it had ample
opportunity to do so, and in any event,
Overaa demonstrated “a lack of reasonable
diligence.”
If you would like more information, please
contact Kevin Bland with Granado Bland,
APC at (949) 861- 4100.
Written by Kevin Thompson and reprinted
from the Cal-OSHA Reporter
CFCA Newsletter
Friend of the Court Brief: Crawford v. Weather Shield
I recently had the privilege of filing a
“friend of the court” brief on behalf of the
CFCA in a case entitled Crawford v.
Weather Shield. Crawford was a “published” Court of Appeal case, which
means that trial courts in construction
defect cases would be obligated to apply
the decision by the Crawford court in
similar construction defect cases.
Weather Shield, and several trade contractor groups including CFCA, asked the
California Supreme Court to review the
court of appeal decision in Crawford, and
it agreed.
The Crawford decision was not a favorable one for trade contractors. Weather
Shield provided window materials and
installation for a residential project. In
order to obtain the job, it had to sign a
“type one” contract in which it agreed “to
defend any suit or action” against the
developer, JMP, which was “founded
upon” any claim “growing out of the execution of the work” by Weather Shield. It
was eventually determined that Weather
Shield was not negligent. However, by
that time most of the other parties had settled out of the case and Weather Shield
was asked to pay most of JMP’s defense
costs simply because early in the case, it
had been possible that Weather Shield
might have been negligent. The Court of
Appeal held that Weather Shield had a
duty to defend JMP even though it was
eventually determined Weather Shield
was not negligent.
This created a great deal of concern on
the part of trade contractors, many of
which had signed similar contracts over
the past decade. There was a general concern that under the Crawford decision, a
trade contractor who signed such an
agreement might be treated as an insurance company for the developer, with an
obligation to defend based simply on the
“potential” for an indemnity obligation.
A number of trade contractor groups and
associations, including CFCA, decided to
file “amicus curiae” or “friend of the
court” briefs on behalf of Weather Shield.
On the other side, many builders and
Page 15
builder groups such as the CBIA, filed
briefs in support of JMP. As appellate
counsel for CFCA, I coordinated with
other trade contractor groups, such as
CALPASC, so that each group could
make different arguments and provide a
unique perspective.
CFCA’s brief argued that it is contrary to
California law and public policy to treat
trade contractors like insurance companies. There is a duty to defend a potentially covered claim under an insurance
policy, in part because the insured has no
say in the language of an insurance contract. It is what is called an “adhesion
contract,” where one party to the contract
dictates its terms and the other has no
choice. The Crawford decision applied
that analysis in reverse—it is the trade
contractors who typically have no say in
the language of construction contracts
with builders. The builders prepare the
contracts on a “take it or leave it” basis.
CFCA argued it would be unfair to interpret the contract in favor of builders,
Continued on Page 19
Page 16
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Continued from Page 4
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Mysteries of Experience Rating
Continued from Page 8
counted based on the theory that the size of
the claim is uncontrollable to a large
extent, but that the actual claim happening
is not. Proposed changes to the formula
would change this level to $10,000 and
will have the impact of increasing most
experience modifications issued after
January 1, 2006 a few points. This will in
turn move the average experience modification in California back to 100%. These
changes were rejected in 2006, and the
average experience modification in
California today stayed at 94%. There is
ongoing discussion with the regulators
as to ways to get these changes made.
There is never a good time to make this
type of change and we are sure many
employers will feel that this is just another
way to increase premiums. The regulators
on the other hand feel they have an obligation to the employees of California to do
all in their power to prevent injuries and to
control claim costs. The one positive, if a
change to raise the experience modification for all class of employers must occur,
it is better to do this now when rates are
CFCA Newsletter
declining rather than in years past when
rates were steadily increasing.
A word of advice to business owners:
Make sure your broker knows, then sells
your company’s safe work practices to the
insurance underwriters. Underwriters can
discount your company’s premium by an
average of up to 25% if they believe your
company has an effective loss prevention
program. Underwriters have this discretionary ability to save you premium dollars
or charge you more than your competitor.
For instance, if you have a $500,000 annual premium, the underwriter has the ability
to credit or debt your policy and charge
you anywhere between $375,000 and
$625,000. If you can show that you have
an effective safety program, loss control
program, and return to work policy the
greater credit you can get. Educate your
broker on your business and your safety
program so they can help you potentially
save substantial premium costs.
Chuck Coppage, Director, Alternative
Market Unit, InterWest Insurance
Services, Inc., Direct Line (916) 6792951; Fax (916) 679-2978;
E-mail ccoppage@iwins.com
CFCA Newsletter
Help Curb Construction Defect Litigation
Page 17
Continued from Page 9
This procedure is a great way to ensure current and future plaintiffs have
some repercussions for their participation in a system that has become
nothing more than extortion by due process. But what to do with the
more than 20 years of litigation we have all been living with in this state?
Currently, the Consumer Housing Alliance is developing a statewide
database of houses that have been in litigation, something akin to Carfax.
Until that is up and running (and even thereafter) this is an excellent way
to send a message to those considering a lawsuit, your title will have a
permanent mark, available for all the world to see. Currently, we rely on
the seller to honor their statutory duty of disclosure. I cannot tell you how
often I have been in a recently settled neighborhood and seen new cars,
trucks, SUV’s, boats, and the like in the driveways, but no new paint on
the eves as was alleged necessary; no new roof as was alleged necessary,
etc. Additionally, I have deposed homeowners who refinanced their
houses during litigation and admitted to not telling their lenders that their
house (the lender’s security) was in litigation for defects that were
allegedly bringing down the value of the house! Again, there is no escaping the recorded Notice of Settlement Affecting Real Property.
Sounds great you say, but how do we get this process rolling? It starts
with our members requesting, no, demanding, that in each current case,
any settlement include a recorded Notice of Settlement on each and
every Plaintiff. Now is the time to write to your attorneys and demand
that they make that a condition of any settlement in all current cases.
All tidal waves start from a small ripple. Let’s get this one going!
By Ted Wood, CALPASC General Counsel
Thank you to our Underwriters:
B&B Framing, Inc.
County Line Framing
Lucas & Mercier Construction
Preferred Framing, Inc.
Rancho Framing, Inc.
Select Build
T.W.R. Framing
Trico Framer, Inc.
Page 18
Workers’ Compensation Rates
Continued from Page 12
a rate filing with the DOI. The insurance
carriers add their cost of doing business or
expenses, taxes that are required, any
assessments that are required and other
costs. They also file a manual that covers
the rules of how they will write clients
insurance. The most important part of this
manual is the credits that they file for. The
vast majority of carriers file for the ability
to adjust the premium, which is generated
by applying payrolls to their filed rates
upwards or downwards, by as much as
25%. Some other carriers apply credits for
time insured by the company, overall safety program, geographical territory, as well
as other quantifiable factors.
When a request for a quote is received
from the broker or the insured, an employee of the insurance company reviews the
information, and after they are satisfied
that they have all the information they
want, will provide a quote. Using their
judgment as well as experience with certain types of risks and the overall competitive nature of the market, they will quote
a premium they believe will give them the
ability to pay claims, expenses, and make
a profit.
Pricing for each individual insured is not a
precise activity as the unpredictability of
losses will make many quotes too high or
too low based on results over a year later.
The goal of the insurance company and
the underwriter is to collect enough premium overall to cover the total losses generated by the complete pool of policy
holders. This can be accomplished by
writing a large number of clients within a
given industry and collecting premiums
on a net basis after expenses close to the
“pure premium.” The law of averages will
allow the “book” of business to perform to
the average cost if the company does its
job correctly. Pricing for the individual
client is less affected by their individual
results than they are by the results of the
pool of insureds expressed by the “pure
premium.”
Factors that also affect pricing for each
individual insured are unexpected losses
that are unusual such as asbestos, natural
CFCA Newsletter
disasters, changes in benefits that are
retroactive, and many other things that are
not in the prior years experience when the
“pure premium” is analyzed by the
WCIRB and the DOI. Also, many of the
same factors that might have been present
when the “pure premium” was analyzed
but changed when the rates are being used
can result in rates over the short term that
are a little higher than needed, and this creates competition within the insurance carriers to write business. This contributes to
the cyclical nature of the rates and is why
rates seem to continually go up and down
over a period of several years.
Chuck Coppage, Director, Alternative
Market Unit, InterWest Insurance
Services, Inc., Direct Line (916) 6792951; Fax (916) 679-2978; E-mail ccoppage@iwins.com
CFCA Newsletter
Healthcare Reform
Continued from Page 7
plan, so that it can get credit from
employees for this benefit.
The next question to ask is, how costly
is the employer’s group health plan?
Whatever today’s answer may be,
tomorrow’s answer should be better.
The Governor expects that group health
insurance premiums will drop 17%
under his proposal. That is his estimate
of the percentage of each premium dollar that is being used to pay healthcare
benefits for the uninsured. Employers
with group health insurance policies
need to verify that their insurance
agents are paying close attention to
industry developments, and giving them
access to insurance carriers that respond
quickly to a lower cost environment.
Finally, what kind of design does the
employer’s group health plan have?
The Governor proposes that residents
have a minimum level of coverage,
equal to a high-deductible health plan
(HDHP) with a $5,000 deductible, and
maximum annual out-of-pocket expenses of $7,500 per person and $10,000 per
family. The employer could adopt an
HDHP (together with health savings
accounts or HSAs), or continue with a
more beneficial plan as part of its
human resources strategy. On the other
hand, employers with scheduled benefit
plans (also called “mini-meds”) will
have to wait and see whether such plans
pass muster under the Governor’s proposal.
We can’t know for sure whether the
Governor’s proposal will be enacted into
law; it must first go through the legislative
process. However, it’s not too early for
employers to start planning for the possibility of healthcare reform in California.
By Joel Graves, ABD Insurance &
Financial Services, 4199 Campus
Drive, Suite 550, Irvine, CA 92612;
Telephone (949) 509-6515
Friend of the Court
Page 19
Continued from Page 15
where the builder forced those contract
terms on the trade contractor. CFCA also
argued that the Crawford case would
cause an insurance crisis in an already
barren insurance market.
None of the builder interests filed a reply
to CFCA’s brief. We would suggest that
was because the facts and statistics support CFCA’s arguments. In any event, the
Supreme Court should decide the
Crawford case within the next year. When
they do so, they will have benefit of the
CFCA’s perspective. Thank you for making your voices heard.
Bob Closson, Summers & Shives, APC,
8755 Aero Drive, Suite 230, San Diego,
CA 92123; Telephone (858) 874-1800,
ext. 21l; Fax (858) 874-1888
Page 20
CFCA Newsletter
Page 22
CFCA Newsletter
The fundraiser for Governor Arnold Schwarzenegger held at the FoxFire Restaurant on September 26, 2006, was a fabulous
success due to all of your support. The CFCA members raised over $250,000 for the Governor’s successful re-election and I want to
thank all of you who participated in this event. Donna Porter.
Page 24
CFCA Newsletter
Burbank Branch
2901 Thornton Ave.
Burbank, CA 91504
Ph: 818-842-3667
Fax: 818-842-3668
Signal Hill Branch
2855 Walnut Ave.
Signal Hill, CA 90755
Ph: 562-427-7250
Fax: 562-427-8366
Corona Branch
650 Rimpau Ave.
Corona, CA 92879
Ph: 951-272-3146
Fax: 951-272-9237
CFCA Newsletter
Page 25
Page 26
2007 CFCA Framing Contractor Members
Debbie Adams
Nicholas Lane Contractors, Inc.
Scott Anderson
Surco Development
Craig Backstrom
Surco Development
Mark Benedetti
Select Build Southern California
Tim Boggess
MBC Construction, Inc.
Tom Brooks
BCI Framing & Drywall
Joe Bunker
B&B Framing, Inc.
Ronald Buroker
Madera Contractors
Dennis Cardwell
Coast Framing, Inc.
Wayne Carey
C.W. Construction, Inc.
Brian Christianson
Cal Coast Construction
Buck Cockey
Select Build Southern California
Glen Davies
GDT Framing, Inc.
Dale DeCarlo
Preferred Framing, Inc.
Dennis DeLucio
RND Construction, Inc.
Bill Dickinson
County Line Framing
Neal Drinkward
Elliott/Drinkward Construction, Inc.
Rick Eberhardt
Ridgeline Framing Corp.
James Elliott
Trico Framers, Inc.
Matthew M. Ellison
Ellison Framing, Inc.
Leann Evoniuk
Ellison Framing, Inc.
Marc Fabre
BCI Framing & Drywall
Ryan Holmes
Select Build Southern California
Valerie Smith
Stevco Framers, Inc.
Kurt Jordan
RND Construction, Inc.
Ron Stettler
Surco Development
Richard Kimball
Quality Structures, Inc.
Dave Van Wicklin
Select Build Northern California
Howard Horrocks
Pinnacle Builders, Inc.
Robert Keele
WestCor Construction
Rocky King
Rockwell D. King Construction, Inc.
John Lewis
Select Build Southern California
Roger Marin
RJM Construction, Inc.
David Marsh
Select Build Southern California
Patrick McCarthy
McCarthy Framing Construction, Inc.
Frank Mercier
Lucas & Mercier Construction, Inc.
Rick Mercier
Lucas & Mercier Construction, Inc.
Greg Minor
Greg Minor Construction
Bill Montalvo
Mon-May Enterprises, Inc
Steve Mosiman
Sheehan Construction, Inc.
Ken Munson
Lucas & Mercier Construction, Inc.
Donna Porter
Coast Framing, Inc.
Jim Post
Preferred Framing, Inc.
Paul Rakowski
Cal Coast Construction
Thomas W. Rhodes
T.W.R. Framing
John Romero
JR Framing, Inc.
Loren Sextro
Serfin Construction, Inc.
John Ford
Ford Framing Company, Inc.
Scott Shaddix
Nicholas Lane Contractors, Inc.
Dave Hale
Rancho Framing, Inc.
Steve Smith
Stevco Framers, Inc.
Howard Haig
Hondo Construction & Dev./Howard Haig, Inc.
CFCA Newsletter
Doug Smith
EBI Framing
Jim Snodgrass
CBC Framing, Inc.
David Tudor
GDT Framing, Inc.
Ben Viloria
Viloria Construction
John Vojtech
CBC Framing, Inc.
John Volkman
Select Build Northern California
Ray Wakeham
RND Construction, Inc.
Harold Watson
Select Build Southern California
John Williams
Rancho Framing, Inc.
Steve Wilson
Socal Framing, Inc.
Dick Harris
Wesseln Construction Co.
Framing Associate
Fred Hovenier
Laurence-Hovenier, Inc.
Framing Associate
Ron Laurence
Laurence-Hovenier, Inc.
Framing Associate
2007 CFCA Associate Members
Jeremy Agrelius
Grove Lumber
Dennis Ascencio
HCS-Cutler
Bud Barr
White Cap Construction Supply
Randy Beck
White Cap Construction Supply
Ken Bell
Simpson Strong-Tie Co., Inc.
Jason Besse
84 Lumber Co.
Mark Boone
Champion Lumber Co.
Julie Branstetter
ABD Insurance - Financial Services, Inc.
Dan Burkhart
Quik Drive USA (Simpson Strong-Tie)
CFCA Newsletter
Rick Carwile
California Forklift Co.
Kirk Herold
Safety Compliance Company
Ken Cloyd
California Truss Company, Inc.
Will Higman
Reliable Wholesale Lumber, Inc.
Steve Croll
Grove Hardware
Bryant Hope
Paslode
Diane Chambers
ORCO Construction Supply Co., Inc.
Tom Couch
Boise Engineered Wood Products
Bill Dage
ORCO Construction Supply Co., Inc.
Tom Herold
Safety Compliance Company
Charles W. Hippenstiel
Safety Compliance Company
Brian Hurdle
The Collins Companies
Mark Davis
iLevel by Weyerhaeuser
Brent Johnson
Home Lumber Company/Stock Building Supply
Kathy Ellis
Hardy Frames, Inc.
Jim Julian
Champion Lumber Co.
Tommy Ebberts
Grove Hardware
Milton E. Johnson
Home Lumber Company/Stock Building Supply
Ron English
James Truss Co.
Bob Kircher
Las Plumas Lumber & Truss Co., LLC
Gary Foster
White Cap Construction Supply
Jim Lawrence
Lockton Insurance Brokers, Inc.
Ralph Garcia
James Hardie Building Products
Rock Lee
Dixieline Lumber Co.
Jorge Espinoza
84 Lumber Co.
Steve Foster
MFM Building Products
Bill Gates
GatesCo Enterprises, Inc.
Jeff Konek
Hardy Frames, Inc.
Loren Lee
84 Lumber Co.
Walter Lee
Lockton Insurance Brokers, Inc.
Rusty Goger
PRO Installer - Schnee-Morehead, Inc.
John Lightfoot
InterWest Insurance Services, Inc.
Carlos Gonzalez
Dixieline Lumber Co.
Bob Lowe
Louisiana-Pacific Corporation
Eric Golden
California Forklift Co.
Tom Lopez
iLevel by Weyerhaeuser
David Goodin
Hardy Frames, Inc.
Cynthia Marriot
ABD Insurance - Financial Services, Inc.
Joel R. Graves
ABD Insurance - Financial Services, Inc.
Gary Messenger
No Leaks, Inc. - MFM Building Products
Rob Hager
Reno Hardware & Supply, Inc.
Mitch Mitchell
Reliable Wholesale Lumber, Inc.
Steve Hawkins
California Truss Company, Inc.
Mike Muzzy
James Hardie Building Products
Dee Dee Graham
Louisiana-Pacific Corporation
Paul Haacke
Grove Lumber
James Harrington
James Truss Co.
Jimmy McElreath
PRO Installer - Schnee-Morehead, Inc.
Joe Michael
Universal Truss, Inc.
Steve Mitchell
Universal Truss, Inc.
Page 27
Wayne Nailon
Home Lumber Company/Stock Building Supply
Kurt Nicolai
Reno Hardware & Supply, Inc.
Timothy J. Noonan
Lockton Insurance Brokers, Inc.
Travis Post
Comet Engineering, Inc.
Bill Reavely
Boise Building Solutions
Randall C. Richards
Reliable Wholesale Lumber, Inc.
Mike Ruede
California Truss Company, Inc.
John Schuster
California Forklift Co.
Bob Seiple
PRO Installer - Schnee-Morehead, Inc.
Tammy Simonds
iLevel by Weyerhaeuser
Ted Smith
Champion Lumber Co.
Brent Spates
Spates Fabricators
Richard Stamsek
James Hardie Building Products
Patrick Stewart
Reno Hardware & Supply, Inc.
Tony Tarantino
Paslode
Chris Thoman
Simpson Strong-Tie Co., Inc.
Wayne Thomsen
Paslode
Kevin Ulibam
James Hardie Building Products
Lovell Williams
iLevel by Weyerhaeuser
Keith Williamson
InterWest Insurance Services, Inc.
Michael Wootten
Reno Hardware & Supply, Inc.
Misty Wootten
Reno Hardware & Supply, Inc.
Mike Young
ORCO Construction Supply Co., Inc.
Page 28
CALPASC 2007
Board of Directors and Staff
Tim Davey
DRI Companies
President
Greg Colgate
California Tile Company
First Vice President
Jeff Wilson
A-1 Door & Building Solutions
Acting Secretary
Michael Mahony
Dynamic Plumbing Holding Company, Inc.
Treasurer
Tommy Conner
Superior Tile and Stone
Director
Gary Graham
Graham Concrete Construction
Director
Paul Lilles
Impact Finishes, Inc.
Director
Dave Martinez
Martinez Construction, Inc.
Director
Cynthia Mitchell
Citadel Tile and Marble
Director
John Mohns
Benchmark Landscape, Inc.
Director
CFCA Newsletter
Jeff Starsky
Beutler Corporation
Director
Thomas Steele
Hardwood Creations
Director
Brad Diede
CALPASC
Executive Vice President
Bruce Wick
CALPASC
Director of Risk Management
Dave Louden
CALPASC
Director of Government Affairs
Ted Wood
CALPASC
General Counsel
Beth Curran
CALPASC OCIE Chapter
Executive Director
Cees Molenaar
CALPASC San Diego Chapter
Executive Director
Jennifer Banta
CALPASC San Joaquin Valley Chapter
Executive Director
Jason Vitaich
CALPASC Northern California Chapter
Executive Director
CFCA Safety Committee
Since September of 2006, the CFCA Safety
Committee has been developing a safety course entitled “8 Core Elements of Real World Safety & Health
for Residential Framing.” Committee Chair, Rudy
Lopez of County Line Framing, and Jerry Bach of
Safety Center, Inc. have spearheaded the development of this course. The goal is a training curriculum
for residential framers, guided by realistic interpretation of regulations. When complete, this course
would replace the OSHA ten-hour training with an
eight-hour residential framing focused course. The
CFCA Safety Committee met for the third and final
edit of the curriculum on February 12, 2007. This
version will be presented to OSHA for review.
The CFCA Safety Committee is a great source of
information; discussions include employee training,
incentive programs, workers’ compensation, and pertinent OSHA issues. The industry knowledge made
available is valuable to the operation of residential
framing organizations.
By Alex M. Mercier, Vice Chair CFCA Safety Committee;
Director of Safety, Lucas & Mercier Construction
Fall Protection Guidebook
For additional copies of the
Fall Protection Guidebook, please
contact AlphaGraphics at
(909) 989-8550 or
via e-mail at
us117@alphagraphics.com
Members will receive
the book at cost @ $24.95 each, plus
shipping & handling.
Non-Members will receive
the book @ $49.95 each, plus
shipping & handling.
You will also receive a 10% discount
when ten or more copies are ordered.
CFCA Newsletter
Page 29
Page 30
CFCA Newsletter
CFCA Newsletter
CFCA Congratulates ORCO
on its 50th Anniversary
(one of our Associate Members)
ORCO Construction Supply celebrates
its 50th Anniversary in 2007 with a new,
yearlong Service Always Matters
marketing campaign that includes
employee and customer promotions,
and a series of community
service projects. Founded in 1957,
ORCO has grown from its first store in
Santa Ana to 23 total stores throughout
California, Arizona, and Nevada.
Page 31
C009G Framer Safety Video
English or Spanish 16min • $69.95
Discount to newsletter recipients – $50.00
Orientation program for
persons assigned to framing.
Meets training requirements of exposure to general hazards.
To Order Contact:
Gail at Digital 2000, Inc.
(800) 334-1523
Fax (281) 988-8900
www.trainingprofessionals.com
Page 32
CFCA Newsletter
cut here
CFCA Newsletter
Page 35
General Member Benefits
Cal-OSHA Representation – You are represented at all of the Cal-OSHA advisory committee meetings
and monthly Cal-OSHA Standards Board meetings. We expect three regulations that could greatly impact
our industry will be going to advisory committees in 2007. Pneumatic Nailers, Heat Illness Prevention,
and Hearing Conservation regulatory languages are slated to be heard this year alone.
Legislation Updates – Through our involvement with CALPASC, you will receive updates on proposed
legislation. Every year, members of the CFCA attend the legislative conference held in Sacramento. This
year it was held on March 21, 2007.
Safety Training Materials – Our Association, in collaboration with other trade associations and CalOSHA, develop comprehensive tailgate safety material in both English and Spanish. Our most recent publications include the Nail Gun Safety Training Handout, containing color pictures for ease of understanding. Call AlphaGraphics for copies at (909) 989-8550.
Reduced Legal Costs – As a CFCA member, you receive review of contracts at a reduced rate with Kevin
Bland, Esq. You can reach Kevin Bland at (949) 861-4100.
Safety – Safety Compliance Company will provide our members with a comprehensive Injury Illness
Prevention Plan (IIPP) at a reduced rate of $700, and a site inspection for $225 per site. Please contact
Tom Herold at (800) 901-7926.
Education – We provide valuable information at our quarterly general membership meetings on topics
such as safety, construction defect litigation, market trends, and pending legislation. Additionally, you will
receive our quarterly newsletter containing informative material specific to our industry.
Logo Use – The CFCA logo may be used by CFCA members in good standing. Please contact our office
for the agreement if you would like to use our logo on your promotional material.
Underwriter Level - Underwriters will have their names listed in all CFCA promotional material,
newsletters, web site, and advertising. The rate for this is an additional $5,000 per year.
Associate Member Benefits
Advertising – Associate members, suppliers, and manufacturers who support our industry receive advertising in our quarterly newsletter and on our web site. They also are encouraged to provide newsletter articles that would be informative to our members and participation in our general membership meetings. The
CFCA logo may be used by CFCA members in good standing. Please contact our office for the agreement
if you would like to use our logo on your promotional material.
Underwriter Level - Underwriters will have their names listed in all CFCA promotional material,
newsletters, web site, and advertising. The rate for this is an additional $5,000 per year.
California Framing Contractors Association
Headquarters
3636 American River Dr., 2nd Floor
Sacramento, CA 95864
(916) 485-3367
CFCA Contact Information
Jodi Blom
Executive Director
(916) 485-3367
jblom@iwins.com
Kevin Bland, Esq.
CFCA General Counsel
(949) 861-4100
kevin.bland@gblaws.com
Melanie Thomson
Membership Coordinator
(916) 783-5363
melaniethomson@surewest.net