VOL. 26, NO. 3
contents The official publication of the American Road
& Transportation Builders Association
ON THE COVER
Annual Safety Issue:
Safety &The Bottom Line
Suddenly, Everything Changed
2014 Highway Worker Memorial
Meet ARTBA’s SafetyTeam
A Comprehensive Suite of ARTBA Safety
Products Designed to ServeYou
Taking Steps to Ensure Safe
Obama Administration Proposes New
July 16 ARTBA National Workshop for
State & LocalTransportation Advocates
P3 Project Moving Colorado Forward
“Water”TheyThinking? EPA’s Misguided
Views on Federal Jurisdiction
May-June 2014 TransportationBuilder 3
May-June 2014 TransportationBuilder 5
Editor & Graphic
Nearly 40,000 motorists and workers are killed or injured in roadway construction zones every
year. That’s about the capacity of Wrigley Field in Chicago. Working in close proximity to heavy
equipment and moving vehicles makes this one of the most hazardous jobs around.
ARTBA’s goal is to help reduce or eliminate hazards involved with transportation and related
construction activities to ensure our jobsites and the network itself is safe for workers, motorists
and pedestrians.That’s why, each year, we dedicate an issue of “Transportation Builder” to all
On page 16, we hear from Lee Cole of Oldcastle Materials. He shares the very personal story
of three experienced employees—through no fault of their own—who were killed by vehicle
intrusions into a work zone.This tragedy and others like it are being used to bring about change,
and even greater industry partnerships aimed at gathering and sharing “best practices” to help
prevent future incidents.
Did you know that backing accidents account for about half of all fatalities involving
construction equipment in roadway work zones? On page 32, learn about step-by-step safe
backing methods—this is an article you will want to share with your firm’s employees.
And please take a moment to check out ARTBA’s full suite of safety products and training
courses on pages 29-30.These tools are designed to help you foster a “culture of safety” within
your own firm!
Please feel free to share your reactions to this issue’s articles: email@example.com. Stay safe this
busy construction season!
Facebook: American Road & Transportation
May-June 20146 TransportationBuilder
from the chairman
CEO, John Deere Landscapes
2014 ARTBA Chairman
Safety is Priority #1
Just over a year ago, while I was at
Oldcastle, two motorists intruded
into our work zones on two separate jobs
and killed three of our employees. These
employees were simply doing their jobs;
they were terrific workers, husbands,
fathers, and sons doing everything safely
and correctly. Incidents like these are
devastating and are a big reason why I
pledged that safety would be a top
priority as I took over as chairman of
In the pages of this issue—our annual
“Safety Source”—you can learn a great
deal about the comprehensive array of
services, training and products that
ARTBA has developed for the industry.
All are reflective of our commitment to
foster a “culture of safety.” We want to do
our part to make roadways safer for all
users, whether they are workers,
motorists, cyclists or pedestrians.
Our industry expectation must be
zero fatalities for everyone who uses
the transportation network. Some may
say this is a lofty goal. But, in matters
of life and death, it should be nothing
less! ARTBA was one of the first U.S.
organizations to recognize the need for
this expectation when we revised our
“Transportation Safety Policy Statement”
in 2005. Our policy asserts, “ARTBA’s
safety goal is developing a
transportation system that contains
zero predictable crashes with severe
consequences, beginning with the major
networks and following with all other
roadways . . .”
Safety policy and advocacy must begin
with the premise that roadway users
make frequent errors. Design,
construction and operation of the
transportation network should
emanate from this premise, allowing for
the development of a more “forgiving”
roadway system. In short, our roadway
system must anticipate user error and
be designed, constructed, equipped, and
operated to forgive the errant user—and
protect the workers who build and
Please take a few minutes to carefully
read this issue and take advantage of
the opportunities provided by ARTBA
to help make your work place a safer,
healthier place for all those who work
there or pass through it.
May-June 20148 TransportationBuilder
T. Peter Ruane
President & CEO
ARTBA P3 Division President Tom Stoner of
H.W. Lochner (right) and Vice President Matt
Girard of Plenary Group (left) meet with House
P3 Panel Chairman Jimmy Duncan (R-Tenn.).
Annual P3 Conference
Set July 16-18 in the Nation’s capital
We were the first to see the market
potential… and others followed.
I’m talking about ARTBA’s annual
Public-Private Partnerships (P3) in
Transportation Conference. Now in its
year, this premier event in the P3
transportation policy space, featuring
numerous presenters from Capitol Hill,
federal and state transportation agencies,
and the P3 sector itself, is returning to
the Nation’s Capital July 16-18.
While we are justifiably proud of
the P3 Conference, ARTBA’s P3
Division has a much more
comprehensive program of work that
extends beyond this annual event. The
group has been engaged in unique
activities throughout the past year.
ARTBA, of course continues to advocate
for long-term, reliable and increased
federal transportation investment. In
recent decades, P3s have emerged as
an important way to supplement that
core investment, in many cases enabling
the construction of major projects that
would otherwise not be built.
In an effort to continue growing the P3
market, our P3 Division leadership has
developed a policy paper, highlighting
three priorities for the next federal
surface transportation reauthorization
bill. The recommendations include
continued growth in funding and
efficiencies for the Transportation
Infrastructure Finance and Innovation
Act (TIFIA) program, lifting the cap on
the use of Private Activity Bonds (PABs)
for highway projects, and increasing
flexibility for the states’ use of tolling.
During ARTBA’s Federal Issues
Program in early June, our P3
Division leaders presented the paper to
key members of Congress and staff in
a series of meetings on Capitol Hill. A
highlight was their visit with Rep. Jimmy
Duncan (R-Tenn.), who is chairing the
special House P3 Panel.
Working with P3 activists within our
membership, ARTBA is also engaging at
the state level. We recently wrote
Colorado Gov. John Hickenlooper (D)
urging him to veto a restrictive P3 bill.
The governor did so, and acknowledged
ARTBA as one of the groups whose
views he had considered. We urged him
to start a long-term effort to engage with
P3 stakeholders on these issues, and in
fact Gov. Hickenlooper announced his
intention to establish a Colorado P3
“Center of Excellence” along these lines.
ARTBA has also taken to the courts
to advocate for P3s. Last fall, ARTBA
filed an amicus brief in a lawsuit which
attempted to take down Virginia’s lauded
P3 program. Fortunately, the Virginia
Supreme Court reversed the trial court
and upheld the commonwealth’s P3
ARTBA continues to work with the
Federal Highway Administration,
numerous state DOT officials, the
National Conference of State Legislatures
and other entities on P3 policy activities.
We now have a speakers bureau through
which ARTBA P3 leaders are making
presentations to interested audiences,
including our state chapters.
You are invited to join this
on P3s, whether you have experience
with them or are just curious as to what
they are all about. If you are already an
ARTBA member, then you and your
company can join our P3 Division just
for the asking.
A good place to start is our first-of-its-
kind P3 Conference, coming this July.
See page 9 of this issue and also visit
www.artbap3.org for all the
information. We hope to see you there!
May-June 2014 TransportationBuilder 9
Annual Public Private Partnerships in Transportation Conference
WEDNESDAY, JULY 16
9:00 a.m. – 5:00 p.m. ARTBA National Workshop for State and LocalTransportation Investment Advocates—
Included with P3 Conference Registration
2:30 – 4:30 p.m. P3 Owners Meeting for State and Local DOT Officials—By Invitation Only—Hosted by
Bryan Kendro, PennDOT, and Dusty Holcombe, VDOT
6:00 – 7:30 p.m. Capitol Hill Reception
7:30 – 9:30 p.m. Buffet Dinner for ARTBA P3 Division Board and Conference Sponsors—By Invitation Only
THURSDAY, JULY 17
7:00 – 8:00 a.m. ARTBA P3 Division Board of Directors Meeting
7:30 – 8:00 a.m. Continental Breakfast
8:00 – 8:15 a.m. Welcome Remarks from ARTBA Leaders
8:15 – 8:45 a.m. Opening Keynote Speaker
8:45 – 9:45 a.m. MAP-21 Implementation and Reauthorization—The View from Capitol Hill
9:45 – 10:45 a.m. Plenary: What Can Owners Standardize While Reinventing the Wheel?
10:45 – 11:00 a.m. Networking Coffee Break
11:00 a.m. – Noon Plenary: “The Great Debate”—The Demand Model vs.The Availability Payment Model
Noon – 1:30 p.m. Luncheon, Awards Presentation and Keynote Speaker
1:30 – 2:30 p.m. Plenary: P3 Update from the Federal Highway Administration (FHWA)
2:30 – 3:00 p.m. Networking Coffee Break
3:00 – 4:00 p.m. Breakout: P3 Owners Roundtable #1—Virginia, Florida, Indiana (invited),Texas
Breakout: New Developments inTransportation P3 Research—Presented by George Mason
University’sTransportation P3 Policy Center
4:00 – 5:00 p.m. Breakout: Policy and Practice in the Use of AlternativeTechnical Concepts (ATCs)
Breakout: P3 Owners Roundtable #2—Illinois, Pennsylvania, Ohio (invited), Nevada
6:00 – 7:30 p.m. Evening Networking Reception
FRIDAY, JULY 18
7:30 – 8:00 a.m. Continental Breakfast
8:00 – 9:00 a.m. Breakout: P3 Owners Roundtable #3—Arizona, California, Colorado, North Carolina
Breakout: Group Discussion on the Draft FHWA P3 Best Practices Guide—Part 1
Breakout: Intergovernmental Agreements in theTransportation P3 Market—Presented by
George Mason University’sTransportation P3 Policy Center
9:00 – 10:00 a.m. Breakout: Current Legal and Risk Issues for P3s
Breakout: Group Discussion on the Draft FHWA P3 Best Practices Guide—Part 2
Breakout: New Developments in Airport P3s
10:00 – 10:15 a.m. Networking Coffee Break
10:15 – 11:30 a.m. Closing Plenary:Town Hall Session on the Future of P3s inTransportation
May-June 201410 TransportationBuilder
The U.S. is shaping up to be a dominant player in the global
Public Private Partnerships (P3s) market as states seek more
efficient alternatives to the traditional methods of
infrastructure development. With the ever expanding need
for infrastructure repair and replacement combining with an
uncertain fate of the Highway Trust Fund, many states have
looked to the private sector to fill the gap through P3s. A
growing number of states have either passed or are considering
enabling legislation for P3s, and these alternative models have
captured the interest of policymakers as they try to leverage
private sector investment and innovation in addressing the
Surface transportation continues to lead the way in the ever
expanding market for public-private partnerships and
Colorado is using the model to advance its objectives on a
number of key projects. In 2007, Denver’s Regional
Transportation District (RTD) closed the Eagle P3 Project—the
nation’s first transit P3 project. Then in March of this year, the
Colorado Department of Transportation (CDOT) and its High
Performance Transportation Enterprise (HPTE) followed with
the successfully closed U.S. 36 Express Lanes Project, which
the Federal Highway Administration has recognized as one of
the first transportation corridors designed to simultaneously
accommodate a variety of transportation modes, including bus
rapid transit (BRT), cars (including free lanes and managed
express lanes), and bicycles.
Plenary Roads Denver (PRD)—a consortium of industry
leading firms Plenary Group, Ames Construction, Granite
Construction, HDR and Transfield Services—will complete
improvements as well as operate and maintain U.S. 36 in
Colorado, currently a congested two-lane (each direction)
highway connecting the rapidly growing cities of Boulder,
Louisville, Broomfield, Westminster, Denver and communities
in between. North American infrastructure developer Plenary
Group is the project sponsor, equity investor and financial
arranger for the project.
The project promotes multimodal transportation strategies
that increase travel choices and efficiency for all modes—while
reducing emissions and resource use. Once completed,
residents will have more options for cleaner, safer and less
To suit local objectives, the state split delivery of the project
into two phases. The first phase was procured as a design-build
contract, which began initial construction work along the
corridor. The second phase was procured as a P3, with PRD
selected as concessionaire to cover design, build, and finance of
the Phase 2 construction work.
As the phases are completed, PRD will commence operations
and maintenance. In addition, Plenary will operate and
maintain the existing I-25 Express Lanes segment connecting
U.S. 36 to downtown Denver.
The operating and maintenance contract is for 50 years
following substantial completion of Phase 2 project
construction, currently set for early 2016. The partnership
between PRD and HPTE has resulted in the delivery of this
project 20 years earlier than otherwise planned and possible.
The project includes the repaving and improvement of the
existing general lanes, the creation of a new express lane in
Colorado Forward by Dale Bonner
Photo courtesy of the CDOT.
May-June 201412 TransportationBuilder
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May-June 2014 TransportationBuilder 13
JUNE 25: Social Media and Liability Issues (Part of
Workforce Development Package)
Employee use and (misuse) of social media platforms
has certainly increased in the past few years, and is likely
here to stay. This webinar will focus on liability issues
related to employee use of social media and will
suggest solutions to prevent and deal with social media
COST: $99 members, $125 non-members
Market Conditions Report & Legislative Update
Provides an analysis of current market conditions for all
modes of transportation construction and status reports
on pending federal surface transportation policy issues.
JULY: Indemnification: How a $100,000 Contract Can
LeaveYou on the Hook for $10 Million
Outlines the industry’s use of indemnification to allocate
risk and discusses key issues including statutory and
common law barriers to enforcement, defining the scope
of the indemnity, limiting liability and undertaking
liability for the other parties negligence.
COST: $99 members, $125 non-members
AUGUST 6: Risk Management onTransportation
Focuses on the owner’s perspective and industry’s
perspective on risk, and will explore tips and processes
to help firms and agencies evaluate these factors.
COST: $99 members, $125 non-members
AUGUST: Differing Site Condition Risk in
Explores this important question: Who takes the risk that
subsurface conditions will differ materially from what is
expected? Will also examine adequacy of pre-bid site
investigations in the context of current law and how the
law may guide, or be changed by, Open Geoscience
COST: $99 members, $125 non-members
SEPTEMBER 11: Ethics & Compliance
A comprehensive overview and discussion about the
2013 report, “National Business Survey of the U.S.
Construction Industry: Gauging Industry Practices and
Identifying Ethics Challenges.”
SEPTEMBER 24: Disadvantaged Business
Enterprise Compliance & Best Practices
COST: $99 members, $125 non-members
OCTOBER: Crane Safety Webinar
Examines construction crane safety, crane regulation and
how to minimize the risk of accidents.
COST: $99 members, $125 non-members
NOVEMBER: 2015Transportation Construction
ARTBA presents its detailed analysis and 2015 forecast
for all modes of transportation at both the national and
DECEMBER: Changing the Conversation with
May-June 201414 TransportationBuilder
This time last year, transportation investment advocates in
Virginia celebrated a major legislative victory. Then
Governor Bob McDonnell (R) signed into law a five-year,
$3.4 billion transportation funding package. The measure,
which some thought would never pass, finances future
transportation infrastructure projects by replacing a portion of
the state’s 17.5 cent gas tax with an increased state sales tax, a
new tax on wholesale and diesel fuels, and new registration fees
on alternative fuel vehicles.
While the public campaign in Virginia lasted a few, short
months and gained national media attention, it’s the little-
known work that took place in the months and years leading
up to the bill’s passage that helped secure this legislative victory.
In policy battles, just like in sports, the adage of the “Five P’s”
holds true—proper preparation prevents poor performance.
During a July 16 “National Workshop for State & Local
Transportation Advocates,” ARTBA will help transportation
investment allies from across the nation prepare for their own
policy battles by providing a “deep dive” into this and other
recent funding victories in key states. Participants will receive
detailed, behind-the-scenes insights from policymakers;
stakeholders and other experts who helped achieve major
funding increases in Virginia, Pennsylvania and elsewhere.
They will share their stories of overcoming political challenges,
building coalitions, and creating effective advertising and
messaging strategies, as well as full briefings on the legislation
itself. We will also discuss the latest developments in
transportation funding—including P3s—from across the
The event, which will be held Washington, D.C., is geared
toward state and local “better roads and transportation”
groups, labor unions, transportation infrastructure design and
construction state associations, and the state and major metro
area Chambers of Commerce who, collectively, typically fund
and lead these initiatives. It will allow these advocates to gather
“best practices” and learn “playbook secrets” that were critical
to the recent success of high-profile road, bridge and public
transit funding victories.
The workshop is a signature initiative of the ARTBA
“Transportation Investment Advocacy Center™” (TIAC), a
“one stop shop” for advocates launched earlier this spring by
ARTBA Chairman Doug Black. The cornerstone of the center
is its dynamic website: www.transportationinvestment.org. It
features 39 detailed case studies of recent transportation
funding campaigns—both successful and unsuccessful—
mounted in 28 states. It also includes the actual television,
radio and print ads, polling data, and media and coalition
strategies used in the campaigns; a regularly updated blog; and
an overview of funding and financing mechanisms utilized to
support state and local transportation programs.
You are sure to take away plenty of information to help your
own advocacy efforts. Registration for the event is only $250.
To see the full program: www.transportationinvestment.org,
or for more information, contact ARTBA’s Carolyn Kramer at
ARTBA Hosting July 16 Workshop in Nation’s Capital
by Beth McGinn
Beth McGinn is ARTBA director of public affairs: firstname.lastname@example.org.
May-June 2014 TransportationBuilder 15
ARTBA wishes to thank these members of ourTraffic Safety
Industry Division for their sponsorship of the Summer Social!
May-June 2014 TransportationBuilder 17
by Lee Cole
April 2013 began as a typical month for me, spent
traveling across the U.S., visiting work sites,
providing safety training and assistance to our
affiliated companies, and promoting work zone
safety in particular as we began recognizing
National Work Zone Awareness Week. It was a very
busy schedule with meetings to attend, worksites
to visit and employees to visit with.
Suddenly, everything changed.
ate on the evening of April 16, I received a call informing
me that two of our more experienced people had been
killed by a driver, who was suspected of driving under the
influence of alcohol. Marshall Turner, 55, was our asphalt
paving foreman, and James “Bubba” Rains, 34 was a contract
mechanic. Both were part of our crew on a I-55 project in
Crittenden County, Arkansas. As they worked in the late
evening, a pick-up truck swerved into the closed-off
construction work zone and struck our friends who were just
doing their jobs. Both men were killed.
I knew Marshall. He had worked for our company for 26
years and had participated in a number of our safety classes
over the years. He was a hard worker with a quick smile. I did
not know, James (“Lil’ Bubba”), but this husband and father of
two young daughters was well known to our crews; his father
has worked for us for many years.
That call was a shock. Immediately everyone’s plans changed
and arrangements were made for me to fly to Memphis. I knew
that we needed to take care of a lot of heart-rending issues.
What must be done to take care of their families? What about
their co-workers? How many of them witnessed the incident?
These are most important matters to address up front.
So, the process began: employee assistance programs;
counseling; incident investigation; lawyers, insurance, etc.
May-June 201418 TransportationBuilder
roadway work zones. It was underway in 2013 when our col-
leagues were killed.
In 2006, ARTBA and FHWA launched “Turning Point,” a
campaign to instruct new drivers on how to safely navigate
roadway work zones. This program contains materials, both
video and written, intended for driver education programs,
particularly teen drivers.
Many states have also enacted laws to increase penalties for
unsafe driving in work zones.
While intrusion incidents continue to devastate us, a signifi-
cant amount of progress has been made. Total work zone-
related fatalities—workers, motorists and passengers—reached
a peak in 2002 with 1,186 deaths. In 2012, the most recent year
for which data is available, the U.S. Department of Transporta-
tion reported 609 deaths—nearly half the amount a decade ago.
During the same 10-year period, the value of roadway con-
struction put in place has stayed the same. So, as compared to
the total value of construction, the reduction in fatalities seems
to be a real improvement.
Even though 600 annual work zone-related deaths are far
from acceptable, they show that when industry steps up its
safety advocacy, progress can be made and lives saved. Sadly,
the number of annual worker deaths caused by motorists has
not declined as sharply as overall work zone deaths, with an
average of 30 worker deaths each year since 2003, according to
data from the U.S. Bureau of Labor Statistics. My personal
witness of tragedy shows me more work needs to be done to
help the traveling public understand the dangerous nature of
work zones and the vulnerability of those working inside those
Since April 2013, we continue to ask ourselves, “How can the
industry protect its workers from vehicles that stray into its
work space and strike, kill and maim workers?”
To address the continuing challenge of work zone intrusions,
we contacted ARTBA and asked the association to help us
create a partnership to prevent worker deaths caused by
motorist intrusions into work zones. To date, we have been
joined by the National Asphalt Pavement Association (NAPA),
the Associated General Contractors of America (AGC), leading
national contractors, organized labor, and others.
A national dialogue began with a summit held in March 2014
in Las Vegas, Nevada. Representatives from construction
companies to safety manufacturers to state DOTs presented
research, findings, problems, and solutions. The coalition
decided on a focused program of work:
1. Gather best practices from across the country and around
the world to document how governments, contractors and
others are preventing intrusions;
2. Create regional workshops and peer-to-peer exchanges to
discuss the problem, share ideas and gather information;
Less than 18 hours later, I received yet another call. One of
our flaggers, a man known to everyone as Renaldo, was killed
in Texas by a driver who was texting/using the phone when he
drove into him.
In each of these cases, the workers, their supervisors, and the
company were doing everything “right.” But that did not save
our workers. And each time someone from our company is
killed or seriously injured in such an incident, the reaction is
the same. We see and feel the devastation of those who worked
with them. As one listens to the co-workers of these victims
and hears the facts, to some degree, you become part of that
crew. Whether we knew them personally or not, we become
part of the story. And it is painful. Something we never want to
Sadly, this experience is repeated many times each year in
the United States. The Occupational Safety and Health Ad-
ministration (OSHA) recently reported there were 129 deaths
in highway, street and bridge construction from FY2011 to
FY2012. In 39 instances, the victim was struck by an errant
driver who left the travel lanes and ran over a worker—just like
Marshall, Renaldo or Lil’ Bubba.1
In other words, nearly one-
third of roadway worker deaths are not caused by construction
hazards—they are caused by motorists who may be impaired,
distracted, tired . . . or even belligerent.
I say “belligerent” because we learn from a report prepared
by the Texas A&M Transportation Institute, based on a study
of work zone intrusions in New York State during the period
1993-1998, that researchers found motorists deliberately2
entered closed lanes 44 percent of the time that such intru-
sions resulted in crashes. The study also found many intrusions
occurred because traffic was stopped or moving slowly, or
because drivers encountered conflicts at merging tapers. While
I do not believe these drivers intended to run over the workers,
they did make a conscious decision that their “inconvenience”
was more important than the workers’ safety.
For me and my colleagues in the construction industry, these
deaths are frustrating because they continue to occur despite
significant efforts to eliminate this hazard. For example, in
1998, the U.S. Federal Highway Administration (FHWA) in
partnership with the American Road & Transportation
Builders Association (ARTBA) opened the National Work
Zone Safety Information Clearinghouse
(www.workzonesafety.org). While this facility is primarily
aimed at providing research and information to our industry
as opposed to motorists, it does contain a significant amount of
information designed to prevent motorist intrusions into work
In 1999, FHWA joined with the American Association of
State Highway and Transportation Officials (AASHTO) and
the American Traffic Safety Services Association (ATSSA), in
signing an agreement to create a National Work Zone Aware-
ness Week. This event is now held annually across the U.S. and
is aimed directly at promoting driver safety when approaching
May-June 2014 TransportationBuilder 19
Lee Cole is Oldcastle Materials vice president of environmental, health
and safety: email@example.com.
3. Create a guidance document that describes the findings
and best explains steps needed to carry out best practices
We were particularly impressed by a model practice shared
during the March meeting by representatives from the Texas
Department of Transportation (TxDOT). The agency recently
launched an innovative approach to improve work zone safety
through the inclusion of a new provision in many of their
roadway construction contracts.
TxDOT realized that we contractors sometimes find roadway
conditions to be more hazardous than expected as we move
into construction operations. Typically when this occurs, we
will ask the DOT for a modification to the contract,
requesting extra funding to provide more protection for our
workers, such as concrete barrier, crash attenuators, portable
changeable message signs, or the use of police officers. Most
DOT’s are reluctant to approve such changes because once the
contract is let, there are no additional funds to pay for increased
safety measures. In recognition of this dilemma, TxDOT now
includes a reserve account (2-3 percent of total contract value)
in certain contracts that can be used to provide for additional
safety equipment when the contractor and DOT mutually
agree upon the need. This special provision ensures funds are
available to protect workers and motorists even though those
needs were not anticipated when the contract was signed.
TxDOT reserves these extra funds exclusively for safety
needs; they cannot be disbursed for other purposes. In a time
of belt tightening, this ensures that safety equipment will find
its way to the job site and not to other projects. TxDOT has
seen an increase in safety devices used and a decrease in overall
work zone related accidents since implementing this policy.
In addition, TxDOT has conducted research on the use of
automated stop/turn signals that can take the place of
flaggers; equipment that can be placed in the road well forward
of a work zone that will alert drivers, as well as the new
contract language that will allow TxDOT and contractors to
work together to keep workers and state employees safe.
During a special ARTBA meeting also held in Las Vegas last
March, several companies provided presentations on devices
and equipment to help prevent motorist intrusions, and an
increasing number of DOTs are approving these devices for
use in their work zones. They include portable rumble strips
that warn and “wake up” drivers as they approach roadway
construction sites. These strips are temporary and can be used
during construction, and then easily removed and moved to
another location once that work is done.
Another innovative product uses a heavy metal frame,
mounted like a trailer to heavy-duty trucks. This crashworthy,
durable frame provides positive protection for workers during
mobile and short duration projects where concrete barrier may
not be feasible.
I am happy to see that the roadway construction industry is
working together, as never before, to gather and develop new
practices, products and strategies to prevent work zone
intrusions. The job will not be easy, and it will take coordinated
efforts of contractors, roadway owners, equipment
manufacturers and government agencies to make significant
progress towards significantly reducing the number of deaths
caused by motorist intrusions. Nevertheless, there is a ground
swell of support and optimism that change can take place. If
you or your organization is interested in joining this pursuit or
just learning more about the association’s comprehensive safety
programs and services, you can contact Bradley Sant,
ARTBA senior vice president of safety and education at
Federal OSHA Fatality Investigations for the Three Industries with the
Highest Number of Fatalities FY2011-FY2012
Deliberate action is defined as choosing to enter the closed area either
with real intent or choosing to drive impaired.
May-June 201420 TransportationBuilder
The number of work-zone fatalities in 2012, including
construction workers and the traveling public, according
to the National Highway Traffic Safety Administration
compared to 590 in 2011.
Workplace-related injuries and illness for highway and
bridge contractors declined in 2012 and have dropped 44
percent since 2003.
The BLS reports that in 2012, Hispanics accounted for 31
percent of total employees in construction occupations,
while African Americans represented about five percent,
and women represented 2.6 percent.
the construction industry are white,
road construction site.
“Highway and bridge construction workers continue to put their lives on the line in work zones—with
127 work-related fatalities that occurred in road construction sites in 2012. The working environment for
the men and women in the highway and bridge construction industry has been steadily improving over
the past decade, but work-related injury and illness rates are still among the highest in the construction
industry, according to ARTBA’s analysis of data from the U.S. Bureau of Labor Statistics (BLS).“
May-June 2014 TransportationBuilder 21
# of deaths in 2012
Falls, slips, and trips
Exposure to harmful substances or
Struck by object or equipment
May-June 201422 TransportationBuilder
Did you know your company can substantially improve its
bottom line profits by investing in safety and health
prevention? You can, and there are many studies that show how
this can be accomplished.
Scores of articles, studies, safety calculators, and websites
are available to demonstrate a strong correlation between a
company’s safety culture and productivity, particularly in the
construction industry. For example, a recent report “Safety
Culture and Climate in Construction”1
issued by the
CPWR-The Center for Construction Research and Training,
concludes, “Researchers and practitioners have identified safety
culture and safety climate as key to reducing injuries, illnesses
and fatalities on construction worksites. Many construction
contractors are trying to improve these indicators as a way to
move closer to a goal of achieving zero injury worksites.”
The premise of using sound safety culture to improve
productivity is that by investing in incident prevention rather
than paying to fix problems after they arise, real profit can be
realized. According to OSHA, each $1 invested in incident
prevention can avoid $4 to $6 dollars2
in future expenses for
costs, damages and penalties related to the incident. Moreover,
incident prevention improves morale, productivity, attracts
more investors and means business opportunities for your
company over the long term.
In some instances, companies have received more than a
1,000 percent return on investment (ROI) using relatively
inexpensive changes in their safety business model.
As a safety trainer, I have the opportunity to talk with
workers, supervisors, project and safety managers, directors,
and owners about the correlation between safety and
productivity. I am continually impressed as I am able verify its
accuracy. For example, several months ago a safety manager,
sitting in a clean, well-organized office, told me in the last five
years, his company reduced its health and insurance costs from
$10 million annually to $250,000—accomplished by investing
in safety and health prevention and creating a sound safety
In contrast, another safety manager from a similar size
company, sitting in a rather messy, disorganized office,
expressed frustration because there were more attorneys
dealing with safety-related claims and government penalties
than professionals in the safety department working to prevent
these incidents. The second company seemed to suffer with
low morale and administrative employees worked many more
hours trying to keep the company afloat—all because the
by Robinson Vasquez
May-June 2014 TransportationBuilder 23
workplaces. On average, inspected firms saved an estimated
$355,000 in injury claims and compensation paid for lost work
over that period.”6
For those who want to improve safety culture within their
companies, and increase profits, I recommend the following
first steps to get leadership to buy-in:
Evaluate your losses/claims related to worker safety and
health. This will allow you to recognize the problem (or
Use employees and perhaps outside expertise, design a
solution (and any alternatives).
Determine how much it will cost to implement the
solution (and over what period).
Estimate the ROI that can be achieved if the solution is
implemented successfully (and over what period).
Try showing your numbers using a safety calculator.
(OSHA has some available on line.)
There is a lot of information and a number of tools available
to help companies keep their workers safe and healthy, while
improving profits. In reality, the idea is not a new one, for it
was Benjamin Franklin who said: “An ounce of prevention is
worth a pound of cure.”
ARTBA has a number of programs that can assist employers
improve safety on their jobsites. To learn more about them,
contact me at firstname.lastname@example.org.
CPWR-The Center for Construction Research and Training, http://www.
OSHA web page, Safety Pays, https://www.osha.gov/Region7/fallprotec-
American Society of Safety Engineers (ASSE), (2002, June).White Paper
on Return on Safety Investment, http://www.osha.gov/dcsp/products/top-
Goldman Sachs JBWere Group, (2007, October)Goldman Sachs JBWere
Finds Valuation Links in Workplace Safety and Health Data [PDF*- 83 KB].
David Levine, Michael Toffel, and Michael Johnson, “Randomized Govern-
ment Safety Inspections Reduce Worker Injuries with No Detectable
Job Loss.” Science, Vol. 336, No. 6083, pp. 907-911 (May 18, 2012). See
Abstract and Press Release, http://www.osha.gov/dcsp/products/topics/
hidden costs of incidents were consuming company’s profits.
One indicator that a company’s safety culture is unhealthy
is when there is a real or perceived disconnect between the
company’s leadership and its general employees. I see it as an
instructor when my students say something like, “I wish our
foremen were in this class.” Similarly, when we provide safety
training to foremen, they ask us to provide instruction to their
managers and directors. In my experience, many companies
have not yet realized the correlation between safety culture and
prevention with the ROI and profitability.
The CPWR Report drew this conclusion: “Simply
assessing safety climate is not enough. Once an issue related to
one or more of the factors is identified, it needs to be
addressed and improved. For example, if workers say they do
not feel comfortable raising safety issues, even though they
have been told the policy to do so is in place, then it is critical
that management intervene to make them feel more
comfortable. It requires more than just policy pronouncements
to improve safety climate.”
One reason many fail to make this correlation is because our
traditional accounting systems were not designed to recognize
costs resulting from incidents (or savings from avoided inci-
dents), so they are usually included as expenses to overhead.
Only notes on the balance sheet may reflect the legal risks and
potential litigation costs related to environmental and person-
nel matters in which safety and health are a contributing factor.
In fact, it is difficult to realize this correlation because for
centuries the main considerations for efficient construction
projects were scope, time and budget. Some managers still
think in these parameters only. Newer considerations like
quality, safety and health, social responsibility, and
environmental concerns, among others, have been developed
in the last 50 years. The world is changing very fast, especially
in countries where these social principles are being adopted in
regulations and expectations.
On its website, OSHA provides a safety calculator and shows
some “safety pays success stories.”3
According to the American
Society of Safety Engineers, “There is a direct positive
correlation between investment in safety, health, and
environmental performance and its subsequent return on
Even Wall Street recognizes the connection as
Goldman Sachs JBWere Group explains, “Companies that did
not adequately manage workplace safety and health performed
worse financially than those who did from November 2004 to
October 2007. Investors could have increased their returns
during this period had they accounted for workplace safety and
health performance in their investment strategy.”5
Going to extremes, there is also a study showing a positive
correlation between OSHA inspections and improvements in
the bottom line. “The study showed a 9.4 percent drop in injury
claims and a 26 percent average savings on workers’
compensation costs in the four years after a California-OSHA
inspection compared to a similar set of uninspected
Robinson Vasquez is ARTBA international business and training manager:
May-June 201424 TransportationBuilder
One of the ARTBATransportation Development
Foundation (TDF) programs that has a truly
positive impact on young adults from around the
country is the “Lanford Family Highway Worker
Memorial Scholarship Program.”This first-of-its-
kind initiative provides post-high school financial
assistance to the children of highway workers
killed or permanently disabled on the job.
In the past 15 years, theTDF has provided more
than 120 scholarships to deserving students. On
May 6, the Foundation’sTrustees met and awarded
2014-15 scholarships to these 11 students:
Alexis Keefe,Wyalusing, Pa.
Alexis’s dad, Bret Keefe, was killed in
a car accident in 2001 while working
for the Pennsylvania Department of
Transportation. A sophomore, she is a
marketing major at Bentley University
Kaitlyn Henry, Dennison, Ohio
Kaitlyn’s dad, Gary Henry, was struck
by a construction vehicle and killed in
2013 while working on a state highway
construction project on Interstate 270
near Columbus, Ohio. Kaitlyn is cur-
rently attending Ohio University and is
an intervention specialist major.
Leah Barnes, Bronx, N.Y.
Leah’s dad, Donald Barnes, worked for
the New York State Thruway Authority
and was permanently disabled in 1995
when he was struck by a vehicle. Leah is
a junior studying elementary education
at Delaware State University in Dover.
Lyndsay Morgan, Daytona Beach, Fla.
Lyndsay’s father, Steven Morgan, was
killed in a November 2011 accident while
working on Interstate 75 in Florida. She
is a sophomore at Florida Gulf Coast
University and majoring in communica-
LaToya Hood, Houston,Texas
LaToya’s father, Paris Hood, was struck
by a vehicle and killed in a February
1998 accident while working for the
Texas Department of Transportation on
I-27. LaToya attends Texas Southern
University and is an education major.
by Matt Jeanneret & Kashae Williams
May-June 2014 TransportationBuilder 25
The ARTBA-TDF is interested in receiving contact leads on students who
could benefit from the scholarship program. Please share them with
Kashae Williams at email@example.com.
Matt Jeanneret is ARTBA Foundation executive director:
firstname.lastname@example.org, and Kashae Williams is the Foundation’s
scholarship and awards program manager.
Vybav Hiraesave, Dover, Del.
Vybav’s father, Vasuki Hiraesave, was
killed in an accident while working for
the Delaware Department of Transporta-
tion in March 2006. Vybav, a junior at
the University of Delaware, is a chemical
Joshua Frank, Sterling, Colo.
Joshua’s father, Thomas Frank, was
struck and killed in 1996 while working
Colorado Department of Transportation
on I-76 near Sterling. Joshua is attend-
ing Wyotech in Laramie, Wyo., and is
majoring in diesel mechanics and chassis
Willie Blevins, Danielsville, Ga.
Willie’s mother, Kathy Blevins, worked
for the Gwinnett County Department
of Transportation. She had just finished
painting turn-lane lines when her vehicle
was struck and she was killed in 2004.
Willie will be attending Georgia South-
ern University in Statesboro this fall and
plans to major in biology.
Emily Jones, Billings, Mont.
Emily’s father, Richard Jones, an employ-
ee of Direct Traffic Control, was killed in
a car accident in 2013. Emily will attend
Montana State University in the fall and
major in criminal justice.
Kelsey Williams, Chehalis,Wash.
Kelsey’s dad, Samuel Williams, Jr., was
killed in 2000 while working as a flagger
for the Washington State Department of
Transportation. Kelsey will attend West-
ern Oregon University in Monmouth
and major in fire service administration.
Amy McNeil, Kountze,Texas
Amy’s father, Jeffrey McNeil, was killed
in 2005 while working for the Texas
Department of Transportation on U.S. 69
in Beaumont. Amy attends Lamar State
College and will start a registered
nursing program in January 2015.
The ARTBA Foundation would like to express its thanks
and deep appreciation to the following organizations and
individuals for their recent support of the “Lanford Family
Highway Worker Memorial Scholarship Program”:
The Fernandez Pave the Way Foundation
Donald B. and Dorothy L. Stabler Foundation
American Association of State Highway &
Bridge Preservation Association
The de Moya Group
Maryland Quality Initiative (MdQi) & Maryland
Transportation Builders and Materials Association
Paul & AnitaYarossi
Beaty Construction via the Blue River Foundation
G.A. & F.C.Wagman via theYork County Community
Ajax Paving Industries of Florida
Highway Markings, Inc.
Asphalt Materials, Inc.
David & Bobbi Gehr
Bob & Virginia Close
VirginiaTransportation Construction Alliance
May-June 201426 TransportationBuilder
working in high-heat and humid
conditions could actually create a greater
hazard from heat stress than the possible
exposure to crystalline silica.
On November 8, 2013, OSHA released a
plan to require most companies with 250
or more workers to electronically report
injuries and illnesses on a quarterly
basis; others would submit information
annually. While it would not change an
employer’s basic recordkeeping duties, it
would require employers to
electronically submit the information to
the agency, and OSHA would, in turn,
make the data available to the public via
the Internet. The new public database
would be site-specific and allow users
to view individual employers and their
injury and illness data.
In written comments to the agency,
ARTBA outlined how the proposal could
present a distorted picture of an
employer’s safety performance by
showing site-specific data without
providing a complete picture of the
causes leading to an injury. ARTBA also
shared concerns about privacy rights for
companies and individuals if such
information is made widely available.
In follow-up to ARTBA’s written
comments, we were also invited to
participate in a congressional roundtable
discussion held by the House Committee
on Small Business. It provided us with an
additional forum to make the case on the
Rest assured ARTBA will remain
vigilant in monitoring developments on
both of these proposals. If you want to
learn more, please do not hesitate to call
me at 202.289.4434.
by Úna Connolly
Úna Connolly is ARTBA’s vice president of safety
and environmental compliance: uconnolly@
The Obama Administration’s second
term has been marked by a significant
up-tick in proposed federal regulations,
which means ARTBA has been actively
engaged in monitoring the new rules and
commenting on them in both written
and oral testimony. Specifically, the
Occupational Safety & Health
Administration (OSHA) issued several
proposals that could potentially have
significant impacts on our industry.
OSHA & Silica
In September 2013, OSHA rolled out
an updated regulation governing
crystalline silica exposure for the
construction Industry. The new
permissible exposure limit (PEL) would
cut the exposure level to one-fifth the
current standard—from 250 μg/m3 to 50
μg/m3. It would also insert a new “action
level” that is one-tenth the current PEL.
ARTBA participated in a large coalition
of construction associations to review
and jointly comment on the proposal.
We also submitted proprietary
comments and asked to testify before
In March 2014, ARTBA’s Senior Vice
President of Safety & Education Brad
Sant and I testified before OSHA,
explaining that aspects of the rule were
not feasible for the transportation
construction industry. I explained to
the panel the PEL would not work for a
highly transient industry where
laboratory results would not come back
until long after the workers had changed
locations and conditions. I also
expressed concern that laboratories
would have two years to come into
compliance, while contractors would
be required to abide by test results soon
after the rule was final.
In response to questions, Brad Sant
said the best approach to reducing
exposure to harmful silica dust would be
to control contact through sound work
practices. He noted that monitoring for
the PEL is an unworkable distraction
that will not improve worker safety.
We made clear that requiring
transportation construction industry
workers to wear respirators while
May-June 201428 TransportationBuilder
ARTBA’s safety team has decades of combined experience, unmatched by any other transportation construction-
related association. We have a commitment to hiring and retaining some of the best qualified safety professionals
in the industry.The association’s multi-lingual team has served—and continues to serve—as advisors on
government and private sector safety committees, work groups, councils and advocacy centers.
Bradley M. Sant, senior vice president, safety and education; executive director for safety–ARTBA Transportation
Mr. Sant has nearly 25 years of experience in managing high-level safety and health, and adult training programs,
including serving in senior safety positions with the Building and Construction Trades Department, AFL-CIO; the National
Resource Center for OSHA Training; and the International Association of Fire Fighters. He has a bachelor’s degree from Utah
State University with a double major in political science and Spanish, and a law degree from Georgetown University Law
Center. Mr. Sant is an accredited OSHA instructor and former director of an OSHA outreach training center.
Úna Connolly, vice president of safety & environmental compliance
Ms. Connolly has more than 20 years of experience in the environment, health and safety fields. Previously, she managed
environmental and safety programs at the National Stone, Sand and Gravel Association, and the National Asphalt Pavement
Association. She has a bachelor’s from Radford University in biology and master’s from the University of Maryland in
international management. Ms. Connolly manages the activities of the National Work Zone Safety Information Clearinghouse
and develops safety and environmental compliance and training products for the association.
, safety & spanish training manager
Mr. Lopez has been heavily engaged in Spanish language translation and interpretation for nearly a decade. For the past
seven years, he has focused on safety and health training, with a special attention to Hispanic and disadvantaged workers.
He has an associate’s degree in business administration and is working on a B.S. in Occupational Safety and Health. Mr.
Lopez is a certified translator through the D.C. Multicultural Community Service and has an “English as a Second Language”
(ESL) certificate through Northern Virginia Community College. He is an accredited instructor for OSHA 10- and 30-hour
programs, Flagging, CPR, First Aid and others.
, safety training & business development manager
Mr. Vasquez is an experienced trainer and business manager, with responsibilities for a variety of safety training contracts
and liaison with the Hispanic Community. Prior to joining ARTBA, he served as an attorney, specializing in construction law,
international business, and labor relations in his native Peru. Mr. Vasquez graduated cum laude from the Pontifical Catholic
University of Peru where he earned his law degree. He holds a master’s degree in comparative law from Brigham Young
University, and an M.B.A. from the University of Utah. He is qualified as an OSHA instructor, having completed both the OSHA
510 and 500 courses.
, contracts manager
Sepi Fazeli has 30 years of contract and financial management experience, and oversees a number of safety and training
contracts and cooperative agreements with federal agencies. Prior to joining ARTBA, she worked with Northrop Grumman
and Lockheed Martin for 10 years supporting FAA as a business management analyst. She has a bachelor’s in political
science from Boston University. Ms. Fazeli is fluent in Farsi and French.
May-June 201428 TransportationBuilder
May-June 2014 TransportationBuilder 29
ARTBA has an unparalleled commitment to safety. No other
association representing the transportation construction
industry has more full-time staff dedicated to safety—and it
shows! We offer a cadre of safety services, training programs
and products that were developed exclusively for this industry.
Many of our programs were developed in partnership with the
Occupational Safety & Health Administration (OSHA), the
Federal Highway Administration (FHWA) and other industry
groups. All are offered at very competitive prices—many are
free. Read below and take advantage of the services your
national association has developed just for you and your firm:
ARTBA broke ground more than 10 years ago with its
“OSHA 10-Hour Training Exclusively for the Roadway
Construction Industry.” Now revised and updated, this
program for owners, safety managers, supervisors, and
workers is focused directly on the hazards and
situations that roadway construction workers face every
day. From work zones to night work, this training sets the
standard for the entire industry. This course is available
for onsite instruction, or trainers can purchase our kit to
conduct their own classes. Contact Robinson Vasquez at
email@example.com to see if you qualify for a free course
through the FHWA Work Zone Training program.
The “Best of the Best” in Safety Academy brings together
senior leaders and project management executives from
the industry’s safest contractor firms meet to share “best
practices” and other secrets that have made their
companies the safest in the industry, year-after-year.
ARTBA also sponsors roadway construction-focused
OSHA 500 programs and Flagger Instructor programs
through partnerships with authorized providers. Contact
Brad Sant at firstname.lastname@example.org.
Certified Flagger, First-Aid and CPR instruction are
available from ARTBA through a partnership with the
National Safety Council (NSC). These industry-leading
programs ensure your workers are properly trained
through nationally recognized programs, backed by
accreditation from ARTBA and NSC. Each program can
be completed in approximately four hours. The base cost is
$500 per program, $15 per student for materials and cards,
plus instructor travel. Contact Omar Lopez at
ARTBA offers industry-specific consulting services
designed to correct and sustain your organization’s safety
culture. Through facility and jobsite assessments, we will
prepare your company for a comprehensive OSHA
inspection. In addition, we can evaluate “new employee”
and “on-going safety” training programs; complete an
illness prevention program evaluation; and assess your
DOT/Driver qualification compliance. ARTBA’s services
will save your company’s profit from citation fees and
incident claims, empowering you to create and sustain a
new business culture, with safety as a core value. For cost
and schedule information, contact Brad Sant at
As a result of ARTBA’s efforts to secure resources from various
federal agencies, ARTBA is able to offer a number of training
and education services at no cost to participants and users.
May-June 201430 TransportationBuilder
FHWA Work Zone Safety Training Program: It provides
free or low-cost instruction to the industry on work zone
safety issues, evaluates available training programs and
determines where new training is needed, and develops
and conducts training in new areas to promote safety for
both public and private sector employees. Contact
Robinson Vasquez: email@example.com.
Roadway Safety+: Developed through contract with
FHWA and OSHA, Roadway Safety+ is the most widely-
vetted, vertically integrated, comprehensive training
program in the industry. It contains 33 interactive
training modules, 29 toolbox pamphlets, 5 trainee
booklets, 9 guidance documents, and two instructor
guides! Products available by request and through onsite
training. Contact Robinson Vasquez: firstname.lastname@example.org.
Preventing Runovers and Backovers—Internal Traffic
Control: This course explains in detail the concept of
“Internal Traffic Control.” It is designed to train
contractors and their employees how to safely navigate
around workers and equipment in work zones to avoid
runovers and backovers of workers on foot. Contact
Robinson Vasquez: email@example.com.
The National Work Zone Safety Information Clearing-
house (www.workzonesafety.org) is the world’s largest
online resource for road construction work zone safety in-
formation. Its website contains expansive searchable data-
bases covering a wide variety of topics. The Clearinghouse
also offers webinars, conferences, group discussion forums,
safety posters and materials, and much more. Contact Úna
ARTBA has developed a variety of training videos that can
be accessed at www.artbastore.org or by contacting ARTBA’s
Director of Sales Peter Embrey at firstname.lastname@example.org. Among
Playing it Safe with PPE: Available in English and Spanish
in the same download, or on DVD, this 20-minute video
contains two segments. The first helps company managers
understand what to look for when purchasing personal
protective equipment (PPE) and provides tips on
motivating workers to wear it. The second—and most
valuable—is a “must-see” for your company’s employees.
It compares scenes from sporting events to roadway
construction work, educating workers about the
importance of properly wearing their PPE even if they
don’t see the hazards around them. Member price: $99.
Flagging Fundamentals: 6 Steps to Safety: This DVD,
also available in English and Spanish in the same down-
load, provides the latest information to revitalize your
organization’s flagging training programs with
information from the most recent federal and industry
standards. By focusing on six steps to safe flagging
operations, the video is an excellent tool to refresh flaggers
who may need to sharpen their skills and remember the
basics of flagging operations. The program also includes
assessment questions so instructors can ascertain the
knowledge gained by their trainees. Member price: $99.
Avoiding Runovers & Backovers: This 20-minute, two-
segment training video, aimed at helping managers,
operators and workers, is available in English and Spanish
in the same download or on DVD. It provides “common
sense” tips and instruction about safe work procedures to
reduce and eliminate the runovers and backovers . . . the
leading cause of death and injury for roadway construction
workers. Member price: $99.
“Turning Point”—Work Zone Safety for New Drivers:
This 10-minute video, “Turning Point: Some Decisions
Last a Lifetime,” aims to change the perceptions and
attitudes of young adults who drive through work zones. It
features a reality-based storyline that shows young drivers
in real-world situations and the consequences unsafe
driving habits have on human life. Member price: $10.
Digital-2000 Safety Training: Through an exclusive
partnership with Digital-2000, ARTBA is able to provide
top-quality safety training videos at a rock-bottom price.
The vast library includes topics such as Aerial Lifts,
Competent Person-Trenching & Shoring, Backhoe/Loader
Operations, Confined Space Entry, Supervisor Safety,
Dump Truck Safety, Crane Safety, Fall Protection, and
many more. Titles are available in English and Spanish.
Member price: $160-$195.
May-June 2014 TransportationBuilder 31
on ARTBA’s Website
Check out the new safety section on ARTBA’s redesigned website! Now operating in a responsive
environment, you can use your tablet, phone or laptop/desktop computer to stay up-to-date and take
advantage of the association’s comprehensive safety products.
Need help with a safety question? Find contact information for ARTBA’s safety team of professionals.
Looking for roadway construction-specific training products? Browse through our array of custom
courses, videos and educational tools.
Would you like ARTBA’s expert trainers to come to your site and train your workers? Find just the
program you are looking for—developed by nationally recognized specialists and taught by people who
understand our industry.
Take advantage of the benefits that come with your association membership! Go to www.artba.org and
click on the “Safety” tab at the top of the page.
May-June 201432 TransportationBuilder
Before you climb into your vehicle and put the gear in
reverse, consider that backing accidents account for about
half of all fatalities involving construction equipment in
roadway work zones. That means about 30 people are killed by
being backed over each year . . . more than two each month. If
that possibility seems too remote, then understand that about
one person is injured each day in a backing incident, and
hundreds of thousands of dollars are spent annually because
equipment, vehicles, utilities and other property are damaged
during backing incidents.
Many of these incidents could be reduced, or eliminated, if
the following steps were taken:
1. Ensure mirrors are positioned properly for the driver
before operating the vehicle.
2. While pickup trucks generally are not equipped with
backup alarms, all vehicles equipped with backup alarms
must be checked prior to operation to ensure they are in
proper working condition.
1. Avoid backing whenever possible. Evaluate the area to find
a route to arrive at your destination while moving forward.
2. Keep the driver’s window down, and if possible, the
passenger window down when backing or driving in the
vicinity of pedestrian workers.
3. Turn off the radio or other distracting devices.
4. Park in a manner where you can leave in a forward
motion. Pull straight through when possible. Remember,
by Bradley Sant
May-June 2014 TransportationBuilder 33
Bradley Sant is ARTBA senior vice president of safety and education:
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the closest space is not always the best place. Choose a
place that is free of congestion. You can see more when you
first arrive at any location, so if you must back, that is the
time to do it.
5. Any time you have been stationary for more than two
seconds, conditions change. Get out of your vehicle and
walk around it before moving, use a spotter or camera.
Never trust the scene you checked previously to remain the
same. A person walking three miles-per-hour will travel
nine feet in two seconds. A child riding a bike at 10
miles-per-hour will travel 30 feet in two seconds.
1. Always beep your horn several times before reversing.
This will alert others that you are doing something
different. Everyone should be trained or informed that a
designated number beeps means you are backing.
2. If your vehicle is equipped with a backup alarm, it must
be working. If it is not working you are required to fix
it. In an emergency, if you must finish the task at hand
when the alarm stops working, you must use a spotter
while in reverse.
3. Always use all mirrors when backing and preferably
always use a spotter. You should always agree on signals
before backing. Always back at an extremely low rate
of speed (walking speed) and do not back more than
50-100 feet before stopping and rechecking the area for a
clear zone. Evaluate the area for more stringent
guidelines in confined areas.
Deaths, injuries and property damage caused from backing
incidents can be prevented. By completing just a few
precautionary steps, safety will improve significantly on your
job site. Before you back, stop, think and check. Lives depend
May-June 201434 TransportationBuilder
It recognizes outstanding efforts to help reduce
roadway work zone accidents, injuries and
fatalities. The awards are divided into these
DEADLINE: JULY 18
Promotes the concept that worker safety and
health is a core value of the transportation design
and construction industry.
DEADLINE: AUGUST 1
Awards will be presented at the 2014
National Convention held September 7-9.
2014 ARTBA Foundation
May-June 2014 TransportationBuilder 35
Federal Juristiction by Nick Goldstein
Nick Goldstein is ARTBA vice president of
environmental & regulatory affairs:
For the better part of the past decade,
ARTBA has been actively involved in
opposing efforts aimed at expanding the
reach of the United States Environmental
Protection Agency (EPA) under the
federal Clean Water Act (CWA). Despite
the fact that the Supreme Court has twice
told EPA it cannot regulate every drop
of water within U.S. borders, the agency
still seeks to remove any sort of limit on
its regulatory powers.
There have been multiple legislative
attempts in recent years to expand the
jurisdiction of the CWA to include all
“waters of the United States.” Each of
these efforts have met with broad bipar-
tisan opposition and none have resulted
in new law or even a successful commit-
tee mark-up. Unfortunately, instead of
taking note of bipartisan opposition to
expansion of CWA authority, EPA has
chosen to do what Congress chose not to
and has issued a proposed rule seeking to
regulate every wet area it can.
The importance of this issue to the
transportation construction industry can
be summed up in one word, “ditches.”
Specifically, roadside ditches. If the EPA
is successful in stretching its authority to
all “waters of the United States,” it is con-
ceivable the agency would have author-
ity over roadside ditches when they fill
with water, such as when it rains. This, in
turn could mean it would be necessary
to obtain a federal permit to either clean
an existing ditch or alter a ditch under
If such a scenario sounds absurd, that’s
because it is. For this reason, ARTBA
had consistently pointed out to EPA that
roadside ditches are an essential part of
any transportation project and
contribute to the public health and
safety by dispersing water from
roadways. While current regulations say
nothing about ditches, EPA’s proposed
expansive view of jurisdiction could be
used to regulate all roadside ditches that
have common characteristics, such as a
channel or an ordinary high water mark.
Roadside ditches are not, and should not
be regulated as, traditional jurisdictional
wetlands since they are an essential part
of any transportation improvement
project and contribute to the public
health and safety of the nation by
dispersing water from roadways.
On a broader scale, EPA’s proposal
would contribute to already lengthy
delays in the project review and approval
process by leading to more burdensome
permitting requirements. Also, over-
inclusive views on EPA authority are
frequently used by anti-growth groups to
stop desperately needed transportation
improvements. Specifically, in instances
where the federal government declines
to require a permit, the door would still
be left open for such groups to initiate
unnecessary, time-consuming litigation
challenging the decision.
It should also be noted that there has
been significant bipartisan progress in
the area of streamlining the project
review and approval process for
transportation projects. Members of
both parties agree that transportation
improvements can be built more quickly
without sacrificing necessary
environmental protections. The current
surface transportation reauthorization
law, the “Moving Ahead for Progress
in the 21st
Century (MAP-21) Act,”
contained significant reforms to speed
the project delivery. Recently, both the
Obama Administration and the Senate
Environment & Public Works
Committee released reauthorization
proposals which continue MAP-21’s
efforts at improving project delivery.
If EPA’s rule is finalized, the progress
of MAP-21 and the potential progress
of the project delivery reforms in the
Administration and Senate reauthori-
zation plans will be jeopardized. Any
reduction in delay gained from improve-
ments to the project delivery process
will be negated by the increased permit-
ting requirements and opportunities for
litigation caused by the rule’s expansion
of federal jurisdiction.
Finally, it is disheartening, though not
surprising, that EPA’s proposed rule was
published prior to the conclusion of
efforts by the agency’s own Science
Advisory Board (SAB) to determine
what constitutes a “significant”
connection between water bodies. As
ARTBA understood the process, the
SAB’s work should have been finalized
before any regulatory efforts began.
Given that EPA’s rule has already been
released, ARTBA is highly skeptical that
any findings by the SAB will change a
rule that has already been drafted.
Comments on the EPA’s rule are due in
July. ARTBA will be diligently
working to urge EPA to “ditch” its
rulemaking efforts and start anew after
the SAB findings have been finalized,
allowing all members of the regulated
community to have proper input into
this conversation about where CWA
jurisdiction begins and ends.
May-June 2014 TransportationBuilder 37
Fund: The Time
The Association of Equipment
Manufacturers (AEM), like ARTBA,
supports full funding for surface
transportation infrastructure. With
proposals already on the table from the
U.S. Senate and the administration, AEM
is encouraged to see things moving,
but believes grassroots support is more
critical than ever. MAP-21, the current
federal funding legislation for highways,
expires September 30. In addition, the
Highway Trust Fund is almost out of
money and may go broke before the end
of the summer construction season.
AEM knows that Congress will hear
the voices of its grassroots constituents
before it hears the voices of lobbyists,
and to help Congress see the light—or at
least feel the heat—AEM is committed to
supporting efforts to communicate the
need for funding to Congress.
That’s why AEM is offering a $500
travel incentive to eligible industry
professionals who participate in one
of three upcoming Washington, D.C.,
industry fly-ins to push for long-term
federal funding of highways, roads and
bridges. (If you don’t want the
reimbursement, AEM will make a
$500 contribution to benefit wounded
The Fly-ins supported by this program
Coalition (TCC) Fly-in, June 10-11
Rally for Roads organized by the
National Ready Mixed Concrete
Association (NRMCA), June 11
Material Industry Fly-in organized
by the National Asphalt Pavement
Association (NAPA) and the
National Stone, Sand & Gravel
(NSSGA), September 9-10
The TCC Fly-in is organized by more
than 20 industry organizations, includ-
ing AEM, with a direct market interest in
the federal transportation programs. The
TCC focuses on the federal budget and
surface transportation program policy
issues. TCC is co-chaired by Associated
General Contractors (AGC) of America
and American Road & Transportation
Builders Association (ARTBA).
Industry Grassroots Action
Each of these events offers an
outstanding opportunity for participants
to contact their elected officials, meet
with them on Capitol Hill, and share
with them the importance of supporting
a strong federal infrastructure program.
To receive AEM support, participants
only need to meet three requirements:
Participate in one of the above
events and did not register for the
2013 TCC Fly-In, 2012 Rally for
Roads or 2013 Material Industry
Report back on your experience on
AEM through I Make America has
set-up an online resource for industry
AEM provides trade and business development
services for companies that manufacture equip-
ment, products and services used world-wide
in the agricultural, construction, forestry, mining
and utility sectors. AEM is headquartered in Mil-
waukee, Wisconsin, with offices in the capitals
of Washington, D.C., Ottawa, and Beijing.
professionals to obtain more information
and to register for the AEM fly-in
incentive. For direct access, go to the
www.IMakeAmerica.com home page/
As an industry, we all benefit from a
modern, well-maintained transportation
As manufacturers, we need safe,
modern, well-maintained infrastructure
to move products to market, both within
the U.S. and around the world.
Dealers/distributors and contractors
who buy these products need the same
infrastructure to access jobsites, move
supplies, or ship products to their
customers both here and abroad
Construction and maintenance of our
national transportation system provides
good-paying jobs for hard-working men
and women who are then able to support
their families and communities
In each case, U.S. jobs and our
economic well-being are in jeopardy
when we don’t build and maintain
infrastructure at a level that keeps us
competitive with other nations.
We look forward to seeing you in
Washington, D.C., this June and
September. Let’s work together to raise
a groundswell of support for a new
Highway Bill and replenishment of the
Highway Trust Fund.
May-June 201438 TransportationBuilder
Promote your company’s products and services in
Contact ARTBA’s Peter Embrey at 202.289.4434 or
Check out our rates in the 2014 media kit available
Advertise with “Transportation Builder”
“ARTBA reserves the right, at its discretion and without liability of any
nature whatsoever, to reject, cancel or suspend any advertising in whole
or in part, in which case any fees paid in advance shall be refunded to
the advertiser on a pro-rata basis.”
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For more information, contact ARTBA Vice President of Meetings
& Events Ed Tarrant at email@example.com or 202.289.4434.
ARTBA Regional Meetings
Western: December 1-2, Tucson, Ariz.
Central: December 3-4, Detroit, Mich.
Southern: December 8-9, Birmingham, Ala.
Northeastern: December 10-11, Washington, D.C.
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