NYS CONSTRUCTION INDUSTRY COUNCIL MEETING MINUTES - March 8, 2005
ATTENDANCE
Gerard Cunningham, Building Contractors Association
Nick DuBray, The Business
Council of New York State, Inc.
Jeff Elmer, General Contractors Association
of New York
Diana Georgia, Coppola, Ryan, McHugh
Belinda Heckler, The Vandervort Group,
LLC
Todd Helfrich, Builders Exchange of Rochester, Inc.
Aaron Hilger, Builders
Exchange of Rochester, Inc.
Kerry Kirwan, The Business Council of New York
State, Inc.
Barbara Rodriguez, AIA New York State, Inc.
Jeff Zogg, General Building Contractors
of New York State
Meeting Minutes
Welcome and Introductions
Aaron Hilger, Builders Exchange of Rochester and Chairman of the New York
State Construction Industry Council, opened the meeting.
Labor Law 240/241; Revised Bill Language
The revised language to A.2946 sponsored in the Assembly by Assemblyman Morelle,
was distributed to the committee. The language is very similar to the last
bill with the major change occurring in the ninth line of the main paragraph.
The amendment changes the former language of ""sole proximate cause"", to now
state ""a proximate cause"". These changes stem from the solid case law that
the Cahill decision provides us with. The amended language allows damages to
be apportioned.
Attached is the amended language to A.2946. The changes have been italicized
and underlined.
Workers Compensation Update
Kerry Kirwan, Legislative Analyst for the Workers'' Compensation Committee,
provided an update to NYSCIC. She noted that not much was new. Ms. Kirwan reported
some of the Comp Committee's concerns with adopting the Governor's proposals.
The committee has concerns with the solvency of the Security Fund as well as
the proposal to move the Workers'' Comp Board into the Department of Labor.
Lastly, she informed NYSCIC that she will be leaving the Business Council
to pursue other professional opportunities. NYSCIC thanked Kerry for her years
of hard work and dedication and wished her luck in her future endeavors.
NYS Hazard Abatement Board and Occupational Safety and Health Training
Program
Ms. Kirwan informed NYSCIC of an upcoming Occupational Safety and Health Committee
meeting where these topics would be covered. The meeting will be on St. Patrick's
Day and she invited everyone present to attend the meeting. As a result, NYSCIC
decided to wait to and hear what comes out of that meeting before taking any
actions. Below is a summation of the relevant discussion from the March 17th OSH
Committee meeting.
OSH Committee Meeting - - March 17, 2005:
In the past few years, good things have come from both the Hazard Abatement
Board and the training programs. Small businesses and trades are receiving
valuable training and definitely benefiting. Under the Governor's proposal,
the money available for grants would decrease substantially. It looks as if
they are trying to standardize the system. The Governor's response to eliminating
the Hazard Abatement Board is that it is only a restructuring technique and
the moneys will still be there. The small business concern in the proposal
is that the money is going under some else's control and we will not be able
to know where it is being spent or even who is in charge of it. The good news
is that the Senate restored the Hazard Abatement Board and it looks like they
are rejecting the Governor's proposal.
OSH Committee suggestion to NYSCIC: Write a letter to Governor Pataki adamantly
opposed to the elimination of the Hazard Abatement Board and reduction of funding
for OSH Training Programs.
NYS Toxic Mold Task Force (A.4577/S.1771)
A brief discussion was had on A.2577/S.1771 and the establishment of a Toxic
Mold Task Force to study the environmental and health impacts caused by toxic
mold in New York. The Business Council has no problems with this bill because
it is simply organizing a study for examination purposes.
NYSCIC Survey
Copies of the AGC of Washington's“A Study of the Economic Impact
of the Construction Industry on the State of Washington” were
distributed to the committee. This is a very impressive study and our goal
is to produce a survey with similar results.
The committee is encouraged to provide feedback and potential survey questions
for the NYSCIC survey AS SOON AS POSSIBLE in order to release the questions
and begin collecting data on the construction environment in New York State.
Regional NYSCIC Meetings
NYSCIC will hold regional meetings in the months ahead to discuss a variety
of construction issues including Labor Law Reform, Workers'' Compensation Reform,
and Economic Development issues. These meetings will give NYSCIC the opportunity
to invite members as well as others who may not yet be involved. The schedule
for the regional meetings are as follows:
- April 21-Syracuse
- May 5-Buffalo
- May 19-Queens
*locations to be determined
NYSCIC Legislative Reception - - April 18, 2005
The New York State Construction Industry Council will be holding a reception
on the evening of April 18, 2005 to discuss Labor Law Reform.
Members are also encouraged to participate in lobbying visits the following
day. More information concerning this event is soon to follow.
Next Meeting
NYSCIC will hold its next meeting on May 10, 2005 from 3:00 pm to 5:00 pm
at the Business Council offices in Albany.
