In light of recent pricing challenges facing the rental car industry, NRMCA has negotiated a significant members-only discount on car rentals. These negotiated discount rates can be used by any NRMCA Producer or Associate member employee for both work and personal travel.

Please contact Alex Land at aland@nrmca.org for digital and print flyers advertising the program.

By request of the West Coast Maritime Envision Working Group, NRMCA's Lionel Lemay and Colin Lobo recently delivered a presentation titled Sustainable Concrete for Marine Infrastructure. The group represents agencies responsible for the construction of infrastructure for ports, ferries and other facilities on the West Coast. Lemay discussed factors that impact the embodied carbon footprint of concrete and specification options for designers to consider by establishing a carbon budget for all concrete on a project by using NRMCA benchmarks and life cycle assessment tools. Lobo outlined the factors associated with marine exposure that impact the durability of concrete and applicable requirements to achieve durable concrete in industry standards and performance-based alternatives.

During the subsequent discussion, NRMCA also provided several available resources and offered to assist the group on addressing sustainability and specifications for concrete.

For more information, contact Colin Lobo at clobo@nrmca.org.

This past weekend following the Occupational Safety and Health Administration’s (OSHA) November 4 release of its anticipated Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to require their employees to either get vaccinated against COVID-19 or be subject to weekly testing, the 5th Circuit Court of Appeals granted a temporary stay of the ETS. The lawsuit, filed by the states of Louisiana, Mississippi, South Carolina, Texas and Utah, asserted that the OSHA ETS held “grave statutory and constitutional issues,” which the court upheld.

The Department of Labor (DOL) immediately responded by stating that, “the Occupational Safety and Health Act explicitly gives OSHA [the Occupational Safety and Health Administration] the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them. We are fully prepared to defend this standard in court.” Both the states and DOL have been given deadlines for filing responses this week, likely leading to a final determination on a permanent suspension of the ETS by week’s end. This lawsuit is also just one of many from other states, businesses and many stakeholders challenging the validity of the ETS. As these additional lawsuits are litigated it will paint a clearer picture about the need for compliance with the ETS.

Should the ETS be upheld by the courts and allowed to go into effect, the rule broadly requires covered employers to “develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.” Below is a broad synopsis of the ETS as it relates to the ready mixed concrete industry. While not exhaustive, the summary touches on what NRMCA believes to be the larger points of the ETS for general compliance and how it impacts mixer drivers.

Does the ETS Apply to the Ready Mixed Concrete Industry?

If a ready mixed concrete industry employer has 100 or more employees company-wide, then the employer is covered by the rule. Unfortunately, the threshold of 100 or more employees applies to the employer/company as a whole, NOT per individual location. If an employer has 99 or fewer employees company-wide, it is not covered by the ETS.

What Does the ETS Require? Covered employers must establish a written policy to implement the ETS within the company. The written plan should include items such as:

• Purpose – why there is a new requirement
• Scope – what/who does the plan cover, who does it exempt, provide employee w/ the plan, ETS text, provide in an appropriate language/literacy that employees understand
• Procedures for managing vaccinated versus unvaccinated employees – what is required of each set of employees
• Determining vaccination status – survey all employees about vaccination status and keep records of the status for the duration of the ETS, employers also have to obtain proof of vaccinations
• How the company is supporting employee vaccinations – employers must allow up to 4 hours paid for each vaccination dose and paid time off to recover from any adverse side effects
• Management of positive COVID cases – positive cases are required to notify their employer, any positive COVID-19 case must be removed from the workplace and follow strict return to work procedures, time off from work for a positive case is NOT required to be paid
• Process for implementing testing of unvaccinated employees – unvaccinated employees must be tested at least weekly, employer does NOT have to provide or pay for the testing (unless required by through other means); test results must be retained by employer
• Requirements for face covering usage – unvaccinated employees must wear face coverings in most settings at the workplace
• Non-compliance – what is the policy for addressing employees refusing compliance with the plan
• Procedures for new employees – new hires shall be notified of and comply with the plan
• Recognition of employee privacy and confidentiality – specific employee information pertaining to the plan must be kept private and confidential
• Avenue to field employee questions about the plan – who are plan questions directed to and what is that person(s) contact information
• Communication – when, how will the employer communicate to employees about the ETS, company plan, requirements, etc.

To assist employers with this lengthy and detailed requirement, OSHA has created a template vaccination/testing policy document.

Are There Any Exceptions to the ETS?

Exceptions to the ETS are few. The ETS specifically does NOT cover employers that are covered by either OSHA’s Healthcare ETS from earlier this year and employers covered by the Federal Contractor Vaccination Mandate since both sets of employers fall under different COVID-19 requirements. As well, when determining the number of employees in a company, the ETS does NOT require an employer to count independent contractors and leased employees, only full time, part time and temporary workers.

The ETS also does NOT apply to “employees who do not report to a workplace where other individuals such as coworkers or customers are present, employees while they are working from home, or employees who work exclusively outdoors.” Essentially this means the ETS does NOT apply to remote employees or those who work outdoors. Upon further examination of the phrase “employees who work exclusively outdoors”, the text of the ETS discusses this:

“An employee will only be covered by the exemption in paragraph (b)(3)(iii) if the employee works exclusively outdoors. Thus, an employee who works indoors on some days and outdoors on other days would not be exempt from the requirements of this ETS. Likewise, if an employee works primarily outdoors but routinely occupies vehicles with other employees as part of work duties, that employee is not covered by the exemption in paragraph (b)(3)(iii). However, if an employee works outdoors for the duration of every workday except for de minimis use of indoor spaces where other individuals may be present – such as a multi-stall bathroom or an administrative office – that employee would be considered to work exclusively outdoors and covered by the exemption under paragraph (b)(3)(iii) as long as time spent indoors is brief, or occurs exclusively in the employee’s home (e.g., a lunch break at home). Extremely brief periods of indoor work would not normally expose employees to a high risk of contracting COVID-19; however, OSHA will look at cumulative time spent indoors to determine whether that time is de minimis. Thus, if there are several brief periods in a day when an employee goes inside, OSHA will total those periods of time when determining whether the exception for exclusively outdoors work applies. Finally, to qualify for this exception, the employee’s work must truly occur “outdoors,” which would not include buildings under construction where substantial portions of the structure are in place, such as walls and ceiling elements that would impede the natural flow of fresh air at the worksite. Workplaces that are truly outdoors typically do not include any of the characteristics that normally enable transmission of SARS-CoV-2 to occur, such as poor ventilation, enclosed spaces, and crowding.”

This language could apply to mixer drivers and thus exempt them from vaccination/testing/masking requirements under the ETS if their time spent indoors was brief and infrequent (too small to be deemed worthy of consideration) and they remain alone when inside the cab of their truck. *This specific language matches the discussions NRMCA has had with DOL, OSHA and White House OMB about the unique nature of when, where and how mixer drivers conduct their work.

It’s important to understand that while the employees outlined above do NOT have to comply with the requirements of the ETS, they are required to be counted in the total number of employees. For example, an employer would still be covered under the ETS if it had 150 employees, but 100 of them were 100% remote. There would still need to be a written plan created and followed for the other 50 employees for vaccinations and/or testing.

Compliance Dates - The ETS has two different compliance dates associated with specific items:

December 5, 2021

• Employer written plan must be completed
• Employer survey of employee vaccinations must be completed
• Unvaccinated workers must begin wearing masks

January 4, 2022

• Employees must be vaccinated, and/or
• Testing procedures must in place to require unvaccinated employees be tested at least once every 7 days

What Else?

While the ETS preempts state and local requirements for COVID-19 procedures, those state and local requirements may still be required in addition to the ETS. An employer’s written plan does NOT have to be submitted to OSHA. However, if requested, the employer is required to provide its written plan to OSHA within 4 business hours of the request. As well, an employer’s written plan should be “readily accessible to all employees”.

If an employer already has a vaccination and/or testing requirement in place, that plan will need to be updated, amended or changed to comply with the requirements of the ETS written plan requirements. Workplace-related COVID-19 deaths shall be reported to OSHA within 8 hours and in-patient hospitalizations shall be reported to OSHA within 24 hours of learning of those instances.

Resources

Click here for ETS language, materials, FAQs and fact sheets. You may also contact Kevin Walgenbach at kwalgenbach@nrmca.org.

Thank you to the follow NRMCA members for supporting CONCRETEPAC in 2021.

The Cabinet Club: $10,000 ($5,000 per spouse)

The Chairman's Club: $5,000
Herb and Jodi Burton, Central Concrete Supply Co., Inc., a U.S. Concrete, Inc., Company
John and Deb Carew, Carew Concrete & Supply Company, Inc.
Nathan and Jennifer McKean, BMC Enterprises, Inc.
Lawrence Silvi, II, Silvi Concrete Products
Bill Sandbrook, U.S. Concrete, Inc.
Alan Wessel, Thomas Concrete, Inc.

The Congressional Club: $2,500 - $4,999
Hall Chaney, Chaney Enterprises
Scott and Kathy Olin, Dickinson Ready Mix Company
Chris Schenone, U.S. Concrete, Inc.
Ric Suzio, The L Suzio Company

The Capitol Club: $1,000 - $2,499
Thor Becken, Cemstone Products Company; David Brevard, B&B Concrete Co., Inc.; Scott Brewer, Dolese Bros. Co.; Donna Bunn, Chaney Enterprises; Robert Carroll, Construction Service; Ted Chandler, Chandler Concrete Co., Inc.; Christopher Davenport, Southern Concrete Machinery, LLC; Taylor Drzewicki, NRMCA; Kirk Farmer, Farmer Companies; Joseph and Vicki Ferrara, Aggregate & Cement Trucking, LLC; Rodney Grogan, MMC Materials, Inc.; John Hay, CRH Americas, Abbott Lawrence, Martin Marietta, Jeremiah Lemons, CRH Americas; Nicole Maher, NRMCA; Adam Manatt, Manatt's Inc.; Todd Martineau, U.S. Concrete, Inc.; Troy Maschmeyer, Maschmeyer Concrete Company; John McCulla, Allen-Villere Partners; Matthew Meyer, CalPortland Company; Jay Moreau, LafargeHolcim; Jeffrey Newlin, Command Alkon; David Perkins, Lehigh Hanson; Andrew Pinkerton, U.S. Concrete, Inc.; Michael Philipps, NRMCA; Charlie Rohde, King's Materials, Inc.; Camilla Schroeder, Advance Ready Mix Concrete, Inc.; D. Van Smith, Van-Smith Concrete Company; Kyle Strayer, Erie Strayer Company; Art Thompson, North Dakota Concrete Council; Andrew Tyrrell, NRMCA; Christopher Ward, Lehigh Hanson and Randall Wallace, Chaney Enterprises

The Grassroots Club: $500 - $999
Bruce Blair, Consumers Concrete Corporation; John Crumrine, BMC Enterprises, Inc.; Darryl Fales, Preferred Materials, Inc. a CRH Company; Frank Gordon, NRMCA; Brian Gray, Knife River, an MDU Resources Company; Andrew Guinn, Sr., Port Aggregates Inc.; Allen Hamblen, CalPortland Company; Heather Houck, NRMCA; Teddy Keller, Command Alkon; Dirk Krueger, Command Alkon; Alex Land, NRMCA: Rebekah Lare, Chaney Enterprises; Kerri Leininger, CalPortland Company; Henry Martin, Thomas Concrete, Inc.; Lenny Morris, Summit One Source; Ben and Brooklyn Olin, Dickinson Ready Mix Company; Melanie O'Regan CalPortland Company; Willie Rose, BMC Enterprises; Brett Ruffing, Kentucky Concrete Association; Brad Slabaugh, Hilltop Companies; Max Stephens, Stephens Mfg. Co. and Matthew Valle, HaulHub Technologies

The Dollar-A-Day Club: $365
Robert Bohon, BMC Enterprises, Inc.; Amie Long, Chaney Enterprises; and Robert O'Brian, Lynchburg Ready Mix Concrete Co., Inc.

Interested in learning how you can get engaged with NRMCA’s Political Action Committee, CONCRETEPAC? Please contact Taylor Drzewicki at tdrzewicki@nrmca.org.

The next session of the Global Concrete Summit is set for Wednesday, November 17, from 10 a.m. to 3 p.m. Eastern time. The sessions will focus on resilience, including planning and design that strengthens and renews the social and economic fabric of a community; designing and specifying high performance applications in buildings and infrastructure; and fortified building codes and community initiatives focusing on disaster resistance and adaptive reuse. Speakers include:

10 a.m. to noon, Session 4A

• Therese McAllister, PhD, Community Resilience Group Leader and Program Manager, Engineering Laboratory, National Institute of Standards and Technology (NIST) - Resilient Infrastructure: Context, Functionality, and Next Steps
• Professor Jose L. Torero, PhD, Professor and Head of UCL Department of Civil, Environmental, Geomatic & Environmental Engineering, University College London - Understanding Fire Resilience
• PRODUCT SPOTLIGHT - Seth Holt, Lehigh Hanson and Oscar Antommattei, Keiwit Engineering Group - Use and Implementation of PLC Concrete for 100 year Service Life Infrastructure
• Bob Nussmeier, Vice President, Business Development, Kiewit Energy Group - Project Development to Support North America’s Energy Transition and the Growing Carbon Emission Reduction Initiatives Relative to Concrete Materials and Concrete Construction

12:30 - 3 p.m., Session 4B

• Mohammed Ettouney, PhD, PE. Founder and Principal, Mohammed Ettouney, LLC - Resilience of Civil Infrastructures: Needs and Methods for Objectivity
• Henry Burton, PhD, Associate Professor, University of California, Los Angeles - Simulation-Based Assessment of Postearthquake Disruption and Functional Restoration of Cross-Dependent Distributed Systems
• Franz Ulm, PhD, Professor, Massachusetts Institute of Technology - Solving Climate Change and Social Inequities with Statistical Physics Tools
• PRODUCT SPOTLIGHT - Mahmoud Abdelmonem and Osama Hamad, Emirates Beton - Concrete Durability Issues in the MIddle East
• PRODUCT SPOTLIGHT - Raman Rangan, Managing Director, Various Ice Products FZE representing KTI-Plersch Kaeltetechnik GmbH - Hot and Cold Weather Concreting: Energy Efficient Solutions

Register for free now at www.globalconcretesummit.com. For more information, contact Lionel Lemay at Llemay@nrmca.org or 847-922-7995.

NRMCA recently verified a system level Environmental Product Declaration (EPD) program for Titan Virginia Ready-Mix. The EPD was developed in consultation with and based on a software tool by Climate Earth; the software tool integrates life cycle analysis impacts within batch operating software to generate EPDs when desired. The software, underlying life cycle data for each plant and EPD were reviewed and verified by Sustainable Solutions Corporation, a verifier in NRMCA’s EPD program.

Ten plants in Virginia were included in the verification project, including Centreville, Clear Brook, Dumfries, Front Royal, Leesburg, Springfield (2 plants), Stafford (Fredericksburg), Sterling (2 plants). Public access to the EPD is available on the NRMCA EPD website and is listed as:

NRMCAEPD: 20049   Titan Virginia Ready-Mix   This directory of EPDs report the impacts of ready mixed concrete from 10 in VA.

The trend in reporting environmental, social and governance practices is growing and, with environmental impact criteria being specified in green building construction documents and proposed in state and local legislation, procurement decisions are expanding beyond price and performance. To date, the North American ready mixed concrete industry, including material suppliers, have invested into ~100 verified EPDs with many products/mixes and is a leading materials industry that reports environmental impacts.

As part of the Build With Strength campaign, NRMCA promotes Strength Through Transparency for member and industry competitiveness in the green building marketplace and the trends toward product and company transparency.

For more information, contact James Bogdan at jbogdan@nrmca.org or 412-420-4138.

Recently, the promotion team of Dom DiCenzo, executive director of the Connecticut Concrete Promotion Council and Build With Strength (BWS) Northeastern Region Promoter Doug O’Neill exhibited at the Connecticut chapter of the American Institute of Architech's (AIA) CACX’21 Expo. O’Neill presented the Top 10 Ways to Reduce Concrete’s Carbon Footprint to 24 attendees during an education session while also manning the BWS booth with DiCenzo during the two-day event (photos show the BWS booth and O'Neill at podium during the education session).

The sustainably-focused AIA members were appreciative of the support from BWS Connecticut; several leads were generated along with some good feedback, culminating with DiCenzo announcing the winner of a concrete bow tie give-a-way to a lucky booth visitor.

For more information, contact Doug O'Neill at doneill@nrmca.org.

Late on Friday, November 5, after a day tense negotiations and political drama, the House of Representatives passed the bipartisan infrastructure bill, the Infrastructure Investment and Jobs Act, by a bipartisan vote of 228-206. The bill will now go to President Biden’s desk for his signature and become law. This bill provides a five-year reauthorization of federal highway programs – set to expire on December 3 after two short-term extensions – and makes historic investments in the nation’s infrastructure needs. The package represents the priorities that NRMCA’s Government Affairs Committee set out and that NRMCA’s Government Affairs team has advocated for: a bipartisan, five-year reauthorization at robust funding levels and key policies like environmental permitting reforms, industry-specific exemptions from new Buy America requirements, dedicated funding for bridges and major projects, and investments in resilience.

Over the past years, many NRMCA members have spent countless hours of their personal time lobbying Congress on this critical priority. Victories like this would not be possible without the engagement of individuals and companies like these and NRMCA is appreciative of their support.

With the certainty of a five-year surface reauthorization and the increased funding for America’s infrastructure, passage of the Infrastructure Investment and Jobs Act represents a huge victory for NRMCA, our members and our allies in the construction industry.

America’s ready mixed concrete producers serve a critical role in building and maintaining our nation’s infrastructure and supporting economic development. NRMCA’s Government Affairs team looks forward to working to ensure that the implementation of this legislation allows the industry to continue its important work.

For more information, contact AndrewTyrrell at atyrrell@nrmca.org.

NRMCA has joined a coalition of trucking industry associations in sending a letter to President Biden urging adoption of policies that would contribute to solving the supply chain crises. The letter underscores some of NRMCA’s longstanding policy priorities, including the DRIVE-Safe Act, workforce development and Hours of Service flexibilities.

• DRIVE-Safe Act - The letter calls on the Administration to approve a path to allowing properly credentialed commercial drivers license holders under the age of 21 to drive across state lines. This policy is similar to the DRIVE-Safe Act, a scaled-back version of which is included in the bipartisan infrastructure bill.
• Vaccine mandate - The letter expresses concern that a vaccine mandate will further strain supply chains. While reiterating the commitment to fighting COVID-19 and supporting the use of vaccines, the letter underscores the minimal contact that truck drivers have with colleagues and customers and asks for flexibility for truck drivers on the vaccine mandate.
• Hours of Service - The letter reiterates the importance of regulatory flexibility, particularly through Hours of Service regulations. While NRMCA has been successful over the years in relaxing some of the most restrictive HOS rules, we continue to advocate for the flexibility needed to adapt our industry’s operations to weather and construction schedule challenges as they arise.
• Workforce development - Investing in a skilled workforce is critical to meeting the short- and long-term needs of the ready mixed concrete industry.

For more information, contact Andrew Tyrrell at atyrrell@nrmca.org.

2022
January 11 - 14, Smyrna, TN
CCSP Module I (“Concrete 101”- Technical/Product Knowledge)
Co-located with Tennessee Concrete Association
Email: Darla Sparkman, 615-360-6670

February 8 - 11, Phoenix
Plant Manager Certification Course
Email: Jessica Walgenbach, 703-706-4852

February 15 - 17, Dallas
CCSP Module III (Fundamentals of RMC Accounting, Finance and Business Law: Business Knowledge)
Email: Jessica Walgenbach, 703-706-4852

February 15 - 17, Online Course
Handling Concrete Specifications
Email: Jessica Walgenbach, 703-706-4852

February 22 – 24, Smyrna, TN
CCSP Module II (Customer Business Knowledge)
Co-located with Tennessee Concrete Association
Email: Darla Sparkman, 615-360-6670

March 22 - 24, Smyrna, TN
CCSP Module III (General Business Knowledge)
Co-located with Tennessee Concrete Association
Email: Darla Sparkman, 615-360-6670

April 5 - 7, Dallas
CCSP Module IV (Professional Sales Skills)
Email: Jessica Walgenbach, 703-706-4852

April 19 - 21, Smyrna, TN
CCSP Module IV (Professional Sales Skills)
Co-located with Tennessee Concrete Association
Email: Darla Sparkman, 615-360-6670

September 29 - October 3, Aurora, CO
NRMCA’s ConcreteWorks 2022
Email: Jessica Walgenbach, 703-706-4852

Please note that e-mail and direct links to each event listed below can be accessed from NRMCA's Web site.

November 17, Free Virtual Conference
2021 Global Concrete Summit: Resilience
Sponsored by NRMCA, Grey Matters, Build With Strength and Pave Ahead
Email: Lionel Lemay, 847-922-7995

November 30 - December 2, Orlando, FL
NRMCA Environmental Certification Course
Email: Jessica Walgenbach, 703-706-4852

December 6 - 9, Online Course
CCSP Module II (Understand the Concrete Contractor Business: Customer Business Knowledge)
Email: Jessica Walgenbach, 703-706-4852

December 7 - 10, Orlando, FL *Sold Out
Plant Manager Certification Course
Co-located with Florida Concrete & Products Association
Email: Jessica Walgenbach, 703-706-4852

December 15, Free Virtual Conference
2021 Global Concrete Summit: Low-Impact Development/Responsible Sourcing
Sponsored by NRMCA, Grey Matters, Build With Strength and Pave Ahead
Email: Lionel Lemay, 847-922-7995