Paca conveyor
PACA Conveyor – Week of March 7, 2019
Table of Contents
Easily jump to a section in this newsletter:

1. PACA News
2. Technical News
3. Safety & Health News
4. Promotion News
5. Environmental News
6. Members in the News
7. PACA - Building and Connecting Communities

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As reported by Kallie Kline, PACA's Director of Member Services.
Email Blasts
Thank you to Our 2020 Corporate Sponsors!
PACA wishes to thank our 2020 Corporate Sponsors for their continuing support this year!

  • ASGCO Complete Conveyor Solutions
  • Babst Calland
  • Burch Materials & Supplies
  • Cleveland Brothers Equipment Co., Inc.
  • Commonwealth Equipment Corporation
  • Conviber, Inc.
  • Hoyt Wire Cloth/Lumsden Corp.
  • Kemper Equipment, Inc.
  • Master Builders Solutions
  • Maurer & Scott Sales, Inc.
  • Mellott Company
  • Murrysville Machinery Co. LLC
What's Coming Up for PACA Members
Upcoming Events:

  • June 4 - Superintendents Education Workshop & Quarry Tour - REGISTER
  • June 22-25, 2019 - Summer Summit with Golf Outing/Sporting Clays Tournament - REGISTER

Check out these events and SO MUCH MORE in our online calendar.
Technical News
As reported by Jim Casilio, P.E., PACA's Director of Technical Services.
Technical News
EPA Head Confirmed
In a 52-47 primarily party-line vote, the Senate voted to confirm Andrew Wheeler as Administrator of the Environmental Protection Agency (EPA). Every Democrat voted against him, as did one Republican—Senator Collins from Maine.

Wheeler previously worked for EPA in their Office of Pollution Prevention and Toxics in the 1990s. He later worked for Senator James Inhofe (R-OK) and then as an energy and natural resources lobbyist in a K Street DC law firm. He represented coal producer Robert E. Murray and lobbied against the Obama Administration’s environmental and climate regulations. In 2018, he was appointed Acting Administrator replacing Scott Pruitt after Pruitt resigned.

The 55-year old Wheeler was born in Hamilton, Ohio, obtained a BA in English and biology from Case Western Reserve University and a Juris Doctor from the Washington University in St. Louis School of Law. Following those degrees, he also completed an MBA at George Mason University in Virginia.
Technical News
Superintendent Contact Flyer
Calling All Aggregates Operations Owners and Managers
PACA is currently undergoing an initiative to reach out to quarry superintendents to provide key education opportunities to these very important constituents of our membership. The graphic included highlights our efforts.

The problem – our database is most likely either incomplete or out of date – and this is where we need your help. We would like to set up a Superintendent’s Community for targeted communications, networking and education opportunities, etc. Please review the flyer attached and visit our website below to enroll your superintendents in this key community.

Your assistance is GREATLY appreciated!

Technical News
Water Supply Replacement Bond Rates
The March 2, 2019 PA Bulletin includes the rates that are to be used in calculating bond amounts for water supply replacement O&M costs for all coal and noncoal mining operations. The rates are used in calculating water supply O&M bond amounts when water supplies affected by mining operations activities need to be replaced. (The authority for bonding is found under the Noncoal SMCRA and subsequent 25 PA Code Chapter 77.) As information, the DEP Technical Guidance Document ID No. 562-4000-102 that discusses the water supply replacement bonding process can be found here.

DEP has calculated the rate of inflation and the rate of return based on five-year averages.

  • The rate of inflation was calculated using the federal Department of Labor Consumer Price Index averaged for the years 2014 to 2018, which resulted in an inflation rate to be used of 1.26 percent.
  • The rate of return was calculated using the Federal Reserve’s 20-year Treasury Bill interest rate averaged for the years 2014 to 2018, which resulted in a rate of 2.7 percent.
Should you have any questions, don’t hesitate to contact Josie Gaskey.
Technical News
Cap & Trade Petition
The Environmental Quality Board (EQB) is a 20-member "independent" board that adopts all of the Department of Environmental Protection’s (DEP) regulations. The EQB also considers petitions from private citizens to change regulations, and anyone can submit a rulemaking petition to the EQB proposing a new regulation or to change an existing one.

On February 28, 2019, over 100 petitioners from the green environmentalist industry submitted a revised rulemaking petition to the EQB to establish a market-based cap-and-trade greenhouse gas emission (GHG) reduction program that eliminates those emissions from all major sources and others by 2052, citing in part Article I of the PA Constitution (Environmental Rights Amendment.

The Department has notified the petitioners it is reviewing the new package for completeness, and indicating if it meets the completeness requirements, it will be presented to the EQB for consideration at the April 16, 2019 meeting.

The petition is modeled after the California Air Board’s regulations. It would establish a PA program where emissions from covered sources of GHG emissions would be capped and the cap declining each year by 3 percent of 2016 emissions, beginning in 2018. The emissions are issued or auctioned, tied to the California cap and traded with a floor price. The goal is to achieve carbon neutrality by 2052, consistent with the Paris Climate Accord. DEP would auction or distribute allowances equal to the cap (one allowance equals one tone greenhouse gas emission), as determined by EPA’s Mandatory GHG Reporting Rule. Sources will be required to report their emissions and must annually surrender the number of allowances equal to their total annual GHG emissions.

Covered gases include carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and other fluorinated greenhouse gases.

This would affect major industrial and commercial facilities including: (see page 41 of petition)

  • Cement production

  • Lime Manufacturing

  • Coal Mining

  • Stationary Combustion

  • Cogeneration

  • Petroleum & natural gas systems and refining

  • Pulp and paper manufacturing

  • Electricity generators and importers

  • Suppliers of fuel oils, gas, petroleum, coal

  • Glass, hydrogen, iron & steel, lead

  • Onsite generation of electric power

There are compliance requirements, allowance allocations, auctions, sales, opt in options, as well as trading and banking for future use of allowances. There is linkage to other GHG trading systems, offset credits, enforcement and penalties.

Should you have any questions or comments, contact Josie Gaskey.

Safety & Health News
As reported by Josie Gaskey, PACA's Director of Environmental, Safety & Health.
Safety & Health News
Join Us for Our Concrete Parking Areas Event
We will be partnering with the National Ready Mixed Concrete Association (NRMCA) to conduct a concrete pavement event on March 20th. Concrete: The Centsible Choice for Your Next Project will be located in King of Prussia and will provide 3.5 PDH’s for attendees. Attendees will be familiarized with American Concrete Institute (ACI) 330 (Guide for the Design and Construction of Concrete Parking Lots), parking lot "boot camps", and new technologies including Roller Compacted Concrete (RCC) and Full Depth Reclamation Using Cement Slurry. A brochure for the event below can be downloaded below.

Concrete is the superior materials choice for pavements, especially those that may be subjected to heavy, frequent loadings. We hope you will be able to join us. Better yet, bring a contractor friend!

Register for the event here.
Safety & Health News
Bogdan Photo
Concrete Building Event A Success
On February 26th, PACA conducted a successful concrete building workshop in King of Prussia. The event focused on the benefits of incorporating Insulated Concrete Forms (ICF's) into low-mid-rise building projects. Our speaker, Gregg Lewis, National Ready Mixed Concrete Association (NRMCA) is an architect and made a compelling case for concrete.

In addition, the NRMCA's James Bogdan (pictured with this article) emphasized the importance for the ready mixed concrete industry to recognize the latest version of LEED V4 and explained how concrete contributes value to construction projects.

Both gentlemen did an excellent job and we thank them for participating in the event.
Promotion News
As reported by Ken Crank, PACA's Director of Concrete Promotion.
Promotion News
Dos and Don'ts Regarding OSHA and Drones
The following article is being reprinted with permission from Adele Abrams, Esq., CMSP, The Law Office of Adele Abrams.

Look, Up in the Sky. It’s a Bird, It’s a Plane - It’s OSHA!

In December 2018, it was revealed via a Freedom of Information Act (FOIA) request that on May 18, 2018, the Occupational Safety & Health Administration (OSHA) issued an internal memorandum to its regional administrators directing the procedures for the use of “Unmanned Aircraft Systems” (UAS) – commonly referred to as “drones” – during its inspections.

The memorandum has now been in effect for a few months, but very little is known about its practical impact on enforcement activities, although they have reportedly been used so far on nearly a dozen worksite inspections. In order to protect yourself from unauthorized searches in violation of the Fourth Amendment to the U.S. Constitution, it is important to know the do’s and don’ts when OSHA attempts to surveil your worksite.

It is critical to remember that OSHA does NOT have warrantless search authority. As a practical matter, it may not be wise to demand a warrant whenever OSHA shows up, because it will antagonize them, and also reduce the amount of discount you can receive on citation penalties. But there are certain situations where requiring them to obtain a warrant is justified, such as in a fatality case where you need to get your response team on site (safety officer, counsel, technical experts or manufacturers).

OSHA does not need to go to any court to get a warrant – this isn’t Law and Order – and they have administrative warrants already issued in bulk back at their office. But the warrant request will slow down the train by anywhere from a half-day to a full-day. You need to decide if the risks and benefits are worth it.

Even without a warrant, you can limit the scope of an OSHA inspection depending upon the type: a hazard complaint-based inspection typically only allows OSHA to look at the equipment or area at issue. However, even during a limited scope inspection, if OSHA observes a violation “in plain view,” it may justify them expanding the scope of the inspection. So if a drone is used, this makes a larger portion of your worksite available to them. If the inspectors observe something through a fence or from outside your property that is a problem, this can justify opening an inspection event, particularly if the condition presents an “imminent danger.”

Imminent danger inspections are OSHA’s top priority, even surpassing fatality or injury case responses. Normally, these plain view inspections have been triggered by OSHA driving by a facility or worksite and seeing workers through a fence, in a roadway trench, or up on a roof or billboard working in an unsafe manner. For the warehousing or logistics sector, this could include observations in an outdoor storage or transport area, concerning the stability and height of stacks, the operation of forklifts, loading dock hazards, and use of fall protection and other PPE.

OSHA is currently exploring the option of obtaining a blanket Public Aircraft Operator (PAO) authorization, which would allow it to “fly missions that meet the governmental functions listed in the Public Aircraft Statute. They also have the option of seeking civil operator status under the Federal Aviation Administration’s civil rules. It appears that the first route may be limited to federal OSHA inspections, whereas state OSHA agencies (in 22 states) would need to pursue the civil operator route.

While FAA blanket approval of OSHA’s use of drones is pending, the agency will require its regional administrators to have a remote pilot in command who passed an FAA test and obtain a UAS-rated license. All UAS will be registered, and logbooks kept (which may be accessible via a FOIA request, but that is not certain). More specifically, drones that will be used for OSHA inspections must weigh less than 55 pounds and be registered with the FAA if the UAS weighs more than 8.8 ounces. A regional representative will determine whether requests for UAS use and mission demands can be successfully fulfilled, including a cost/benefit analysis and a hazard assessment.

Critically, at this time, OSHA says it will “obtain express consent from the employer prior to using UAS on any inspection.” Personnel on site must be notified of the aerial inspection prior to launching a UAS. The OSHA representative operating the drone must keep a visual line of sight with the UAS, only operate it during the day (sunrise to sunset), and flight speed cannot exceed 100 mph. The UAS must yield right of way to manned aircraft, such as planes and helicopters.

The UAS also cannot operate more than 400 feet above the ground, except when within 400 feet of a structure, and then it can hover up to 400 feet above the top of the structure. This allows for inspection of rooftops, for example, to see if skylights have proper covers when workers are exposed or to observe work performed by mechanical contractors in those areas. Drones are intended to be mainly used for inspection of areas that are deemed unsafe or difficult for inspectors to reach on foot.

Finally, OSHA says that the UAS will not operate over any persons not directly participating in the operation unless they are in a covered structure, or inside a stationary vehicle that can provide protection from a falling drone. Each UAS inspection will include at least three team members, tripling the sets of eyes looking at your workplace for hazards!

The OSHA memo also details the drone “deployment” kit, which includes two-way radios, binoculars, laptops and smart phones, and UV lenses for the UAS camera. After obtaining employer consent (similar to asking if they can videotape an inspection), and notification of personnel, OSHA will evaluate site-specific hazards such as cables, antenna and vehicles, perform a JHA of the hazards and mitigation for use of UAS on the specific worksite, determine a flight plan (in graphic form, such as a sketch), establish radio communication if needed, brief the team, verify with local law enforcement to ensure compliance (some areas are forbidden to have UAS operate for national security or other reasons, such as being too close to an airport). Then the agency inspection will commence using UAS.

So, is the use of drones by OSHA something to be concerned about? There are a number of factors to consider. If the employer denies the use of UAS, will they return with a warrant to use them anyway - and risk becoming a target for a harsher inspection, a “bad faith” employer who will be denied 10% of the potential fine deduction (OSHA maximum penalties just rose to $132,598 on January 23, 2019)?

Another concern is that OSHA drones will be shooting videotape, which can capture trade secrets, as well as employees caught in the act of doing something that constitutes a legal violation of OSHA rules. OSHA also cooperates with the EPA, so if the drone captures something in the environmental area that is improper (e.g. leaking oil drums in the back of the property), they can share the video and trigger an EPA visit. OSHA’s memo also fails to detail how the information gathered might be protected, and with whom it would be shared. Will employees be concerned about being captured on drones without their consent, and do you need a policy?

While there may be more questions than answers at this point about the practical impact of drone inspections, it is wise to educate your supervisors and workers now, so that if an OSHA UAS team shows up, everyone will know their rights. You can also choose to adopt a policy in advance on whether a warrant will be required at all, only for UAS inspection activities, or for all OSHA inspections. The choice is yours - at least for now!

Promotion News
NIOSH Campaign to Prevent Falls
As part of NIOSH's major national safety campaign to prevent falls in construction, they will be hosting a one-hour webinar on March 20 at 2 p.m. EST to discuss this topic and their preparations for the 2019 Safety Stand-Down. This year's Stand-Down is scheduled for May 6-10. Falls are the top cause of construction fatalities and account for 1/3 of on-the-job injuries and deaths in the industry. The webinar is free and registration can be found here.
Promotion News
OSHA Safe + Sound Campaign
OSHA's year-round campaign is called Safe + Sound and the campaign's purpose is to encourage every workplace to have a safety and health program. Safe + Sound Week is August 12-18, 2019. OSHA's website has quarterly events to build effective safety and health programs, as well as focusing on best practices, management leadership, and finding and fixing hazards. The Safe + Sound website is full of information and can be found here.
Promotion News
NIOSH Announces Free, Confidential Screenings for Coal Miners
Beginning in March 2018, the National Institute for Occupational Safety and Health (NIOSH) will offer a series of free, confidential health screenings to coal miners as part of the Coal Workers’ Health Surveillance Program (CWHSP). The screenings are intended to provide early detection of coal workers’ pneumoconiosis (CWP), also known as black lung. All coal miners, current, former, underground surface and contract miners, are welcome to participate.

The health screenings are provided via NIOSH's mobile testing units at convenient community and mine locations. While the program begins in coal mining regions in West Virginia and Kentucky, additional survey locations include coal mining regions in PA, OH, and MD. Twelve weeks of surveys are planned this year.

Screenings provided by NIOSH will include a work history questionnaire, a chest radiograph, a respiratory assessment questionnaire, spirometry testing, and blood pressure screening. The screenings typically take about 30 minutes and each individual miner is provided with their results. By law, each person’s results are confidential. No individual information is publicly disclosed.

Note also that MSHA has hired an industrial hygienist in Pennsylvania. Additionally, NIOSH is reviewing and re-analyzing all health data for both coal and noncoal in light of recent press coverage on black lung disease in miners.

Should you have any questions or comments or wish to discuss, contact Josie Gaskey.
Environmental News
As reported by Josie Gaskey, PACA's Director of Environmental, Safety & Health.
Environmental News
PACA's Technical Community Work With Statewide SRA Mix Designs
On February 27th, members of the PACA Concrete Technical Community, led by Mark Moyer, New Enterprise Stone & Lime Co., Inc. gathered to conduct statewide mix designs on concrete with shrinkage reducing admixtures (SRA). Three coarse aggregate sources were selected with AAAP mix designs conducted on each: a control mix, a mix with a moderate dosage of SRA and a mix with a higher dosage of SRA made on each coarse aggregate design. Test samples were made to test for shrinkage, permeability by the RCP and surface resistivity methods, along with cylinders for compressive strength.

These shrinkage samples were taken to Penn State Civil Engineering Lab for testing.

Rapid Chloride Permeability (RCP) and surface resistivity testing will be done at PennDOT Lab.

The focus of this cooperative effort between PennDOT and PACA is to gain practical and relevant experience with concrete containing SRA’s. The results of this testing will be compiled, published and shared with all members of the PACA Concrete Technical Community and throughout PennDOT. If the results of these mix designs show positive results, pilot bridge deck projects may be conducted later this year.

Our thanks to all those at New Enterprise Stone & Lime Co., Inc. for hosting this important mix design work. Thank you also to all those who came from around the state to contribute their time and effort and to learn more about the performance of concrete with SRA’s.

Attendees were:

  • Mark Moyer, New Enterprise Stone & Lime Co., Inc.
  • Joe Baisch, New Enterprise Stone & Lime Co., Inc.
  • Shelly Link, New Enterprise Stone & Lime Co., Inc.
  • Ken Thompson, New Enterprise Stone & Lime Co., Inc.
  • Brian Flaugh, New Enterprise Stone & Lime Co., Inc.
  • Ryan Claire, New Enterprise Stone & Lime Co., Inc.
  • Jared Horn, Masters Ready Mix Concrete
  • John Reigle, Central Builders Supply Co.
  • Patrick Gallagher, Admixtures, Inc.
  • Steve Somerville, BASF Construction Chemicals
  • Eric Wetzel, BASF Construction Chemicals
  • Tyler Wilkins, MAPEI-GRT
  • Paul Jordan, MAPEI-GRT
  • Matt Manning, J.J. Kennedy, Inc.
  • Clay McCabe, Argos Cement LLC
Special thanks to Kevin Nagy and Gary Plows with PennDOT District 9 for attending and providing their expertise and assistance to this effort.

Many PACA member companies contributed to this initiative. They include:

  • New Enterprise Stone & Lime Co., Inc.
  • Admixtures, Inc.
  • Allegheny Mineral Corp.
  • Argos Cement LLC
  • BASF Construction Chemicals
  • Central Builders Supply Co.
  • Euclid Chemical
  • Golden Triangle Construction
  • J.J. Kennedy, Inc.
  • Lehigh Cement Co.
  • Masters Ready Mix Concrete
  • Pennsy Supply, Inc., a CRH company
  • Sika Corporation
Environmental News
PACA Participation in PennDOT/FHWA STIC Brings Meaningful Improvements to the Commonwealth
The State Transportation Innovation Council (STIC) is a high-level group whose purpose is to identify proven technologies and implement them into PennDOT specifications and operations as quickly as possible. Over the past few years, many STIC initiatives have originated from work done by PACA members. A few of these are featured prominently in this year's STIC year-end report:

  • Certification for Concrete Finishers
  • Cement Slurry for FDR from Ready-Mixed Concrete Trucks
The Anti Washout Admixture Specification that is currently in use across Pennsylvania and the PennDOT Pervious Pavement Specification are previous STIC initiatives based on work accomplished by PACA members.

At the upcoming March 13th STIC meeting, Susan Armstrong of Central Builders Supply Co. will begin her two-year term as PACA’s representative on the STIC board.

Josie Gaskey, PACA's Director of Environmental, Safety & Health will continue her work on environmental issues, which now fall under the Design Technical Advisory Group (TAG). Jim Casilio will continue to work technical issues as a member of the Construction and Materials TAG.

STIC innovations can come from anywhere. If you believe that you have an innovation that could provide benefits, don't hesitate to discuss your idea with Josie or Jim.

As seen with the above noted innovations, the STIC is a way to effect meaningful change in a timely manner.
Members in the News
Members in the News
Castor Materials Sister Company Enters Materials Market
PACA member Castor Materials is spreading the word about its affiliated company/location Olde Yankee Terminal.

The company is a Construction Aggregate Terminal Distribution Operator Serving PA, NJ, NY, MD & DE. Operating Two Terminal Locations, YANKEE POINT (Philadelphia) & PORT NORRIS (Port Norris, NJ). Supplying both Onload and Offload services of the following products; 2A Modified, DGA, Concrete Sand, HMA Sand, Bar Sand, 2B Stone, 1B Stone, Recycled Concrete, Ballast and Oversized Rock.

For more information, please visit the company’s website at: or download the flyer accompanying this article.

Members in the News
Lisa Stephen
Stephen Named to NRMCA's Executive Committee
Former PACA Board Member, Lisa Stephen, of PACA member company, Wayne Concrete/Wayne Gravel was named to the Executive Committee of the National Ready Mixed Concrete Association (NRMCA) at their conference this week in Tampa, FL.

Congratulations, Lisa!
Members in the News
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Wayne Concrete Employee Named NRMCA's Driver of the Year Runner-Up
Congratulations to George Weaver, an employee of PACA member, Wayne Concrete/Wayne Gravel, for being named the National Ready Mixed Concrete Association's (NRMCA) Driver of the Year Runner-Up.

The NRMCA Ready Mixed Truck Driver of the Year Award acknowledges the significant contribution of ready mixed concrete truck drivers to the growth and success of individual companies and the ready mixed concrete industry. A salute to these key members of the concrete production and delivery team, the award recognizes the driver’s career achievement, safety, professionalism, competence and customer service skills in a manner that will enhance the industry and public image of the career ready mixed truck driver. (As cited on NRMCA's website)
PACA - Building and Connecting Communities