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2017 Spring Conference
OSHA
A Strategic Partner
for
Residential & Commercial PA’s
Meet your MC and Panel Experts
MC and CEO UDR
Mike Fried
• IICRC certifications and is a member of the
IICRC Clean Trust.
• Wind/Hail, Fire, Water, Mold-Microbial,
Roofing and Policy Interpretation.
• IAUA, Insurance Appraisal and Umpire
Assoc.,
• Certified independent General Insurance
Adjuster (GA),
• Active multi-state Public Adjuster
• Completed reports for over 4000 property
and casualty claims
Pete Scaffidi
• 35 Years of Mitigation, Restoration,
Construction
• Founder and CEO of his own company
• Management of Large Loss Requirements
• Extensive Enterprise Project Plans,
Reconstruction and Tenant Improvement
• Married for 31 years and loves bad football
Your Plan for A Strategic OSHA
Partnership
Provide Tools, Resources, Best Practices and Case Studies
Share Ideas
• Work Smarter
• Work Faster
• Be Client Centric
• Expand Your Opportunity Footprint
• Which Can Lead to More Revenue $$$
•Segments
• OSHA & Safety, PA / OSHA Real World, Legal Example, Industry Thought
Leadership
Kevin Dandridge
Director of Safety UDR
• Construction and Safety Industry for over 20 Years.
• Residential , Commercial, Industrial and Maritime industries.
• National Safety Trainer for over 16 years
• Authorized OSHA Instructor
oOSHA 10 and 30
oOSHA Disaster
• Holds his OSHA 500 Card
Safety and OSHA Requirements
• 2015 By the Numbers
• 4,379 worker fatalities
• 937 or 21.4% were in construction
"Fatal Four"
• Falls — 364
• Struck by Object - 90
• Electrocutions - 81
• Caught-in/between - 67
• OSHA is the same for Commercial and Residential construction.
Fall Protection
Fall Protection
Electrocution
Top 10 Most Frequently Cited OSHA
standards Violated in FY2016
• Fall protection, construction
• Hazard communication standard, general industry
• Scaffolding, general requirements, construction
• Respiratory protection, general industry
• Control of hazardous energy (lockout/tagout), general industry
• Powered industrial trucks, general industry
• Ladders, construction
• Machinery and Machine Guarding, general requirements
• Electrical, wiring methods, components and equipment, general industry
• Electrical systems design, general requirements, general industry
9 Main OSHA Offices in Texas
www.OSHA.gov
• Dallas
• Fort Worth
• El Paso
• Lubbock
• Austin
• Houston North
• Houston South
• Corpus Christi
• San Antonio
Key Safety Areas
1926.20 General safety and health provisions
1926.21 Safety Training and Education
1926.23 First aid and medical attention
1926.24 Fire protection and prevention
1926.25 Housekeeping
1926.26 Illumination
1926.27 Sanitation
1926.28 Personal protective equipment
1926.400 Electrical
1926.500 Fall protection
Last 6 Months OSHA Fines in Texas
• Flooring Company in Dallas For Fall Protection $87,000
• Texas reel company Houston for Electrical $107,000
• Multiple construction companies in Austin for Confined Space on
one site $121,000
• Construction company in Rhome for Fall protection, Confined
Space, and Electrical $100,000
Safety/OSHA Courses
• OSHA 10
• OSHA 30
• Disaster Site Worker
• Other Relevant Courses Available
• Fall Protector
• Hazmat
• Arch Flash training
• Lock out / Tag out
• Hazcom
• Asbestos…
Texas PA
Pinnacle Limited
• 18 years of Roofing Expertise Means and Methods
◦Wind & Hail damage to residential and commercial roof systems
• Public Insurance Adjuster currently holding licenses in Texas,
Oklahoma, Colorado, Arizona, Kansas, Louisiana, Mississippi,
Georgia, and South Carolina.
• Successfully negotiated over $150 Million in roof specific
insurance losses
Handy Tools of he Trade
Be Professional / Be Accurate / Be Expeditious
• Claim Management Software
• Photo Management Software
• Document Management
• Mobile Inspection/Photo Software
• Contents/BPP Software
• Thermal Imaging
• Drone Inspections
• Ladder Assist
60,000 sq. ft. Roof
• Medical Center hail roof damage
• Initial insurance claim paid at $650,000
• Utilization of Expertise and inclusion of all
Safety / OSHA Compliance Protocol netted a
new roof that paid out
$3,850,000.00
How we went from $650k to
$3.85m
PHASES OF CLAIM SETTLEMENT
◦ROOFING
◦MECHANICAL SYSTEMS / ENVIRONMENTAL STABILIZATION
◦MITIGATION/REMEDIATION/CLEANING
◦RECONSTRUCTION
How we went from $650k to
$3.85m
ROOFING – Notes of activity
•Roof claim was denied 3 times previously by travelers and their expert prior to our engagement. leaks were written off as
maintenance issues
•New DOLl established by our firm 4 months following final denial. a new claim was filed in lieu of re-opening previous claim
•Travelers retained expert when notice of loss was received
•Insured retained unified upon notice that engineer was engaged
•Unified retained CIH. travelers retained first of three consultants….no CIH was retained by travelers until over 10 months
after their investigation began
•Moisture mapping of every known leak prepared by unified prior to meeting with engineer
•Hail caused anomalies were located, marked, documented and correlated to interior leak points within structure prior to
mtg. w/ eng.
•Capacitance survey was performed on the roof surface at locations corresponding to water stained/damaged ceiling/wall
areas to check for moisture in the roof system
•Core samples were taken by engineer at locations where our firm had identified and marked localized hail caused anomalies
•Engineer concurred with evidence of hail damage to roof during inspection concluding that the roof did have irreparable hail
damage but they felt it was from a previous storm event….previous engineer reports can be your best friend
How we went from $650k to
$3.85m
MECHANICAL SYSTEMS / ENVIRONMENTAL STABILIZATION- Notes of activity
•Unified’s CIH performed IAQ testing throughout facility
•Visual evidence of damage was observed at many roof top HVAC units
•Insured listed units were not functioning in a manner as to maintain a comfortable environment
•CIH report coupled with report from Unified tied poor IAQ to underperforming units with visual hail
damages.
•Travelers approved temporary air conditioning throughout these areas of facility
•Travelers second retained consultant approved placement of air scrubbers throughout facility per CIH
protocols to establish acceptable IAQ
•Mechanical expert was provided CIH IAQ report and recommendations as well as mechanical expert report.
he spent 2 hours in field and made recommendation to travelers the next day to immediately approve
replacement of all claimed mechanical systems so to limit the expense of the temporary air conditioning
systems
How we went from $650k to
$3.85m
MITIGATION/REMEDIATION/CLEANING/RECONSTRUCTION –Notes of activity
•Roof was installed ≫ Leaks Stopped
•HVAC units replaced ≫ Ambient Environment Acceptable
•CIH protocol mandated stabilization of environment to maintain acceptable IAQ
•Travelers retained third of three experts to dial in on stabilization of IAQ, demo, remediation, cleaning,
and recon.
•Third expert recommended travelers retain their own CIH as a check and balance of Unifieds’ CIH
•CIH retained by travelers provided data collected to date and met onsite with CIH retained by unified
•Per adjuster, CIH concurred with the findings of CIH retained by Unified. never heard from him again.
•Document bpp pack out/in, medical records handling, temporary facilities, mobile surgery centers,
recon phases, etc,.. the thrice denied $650k roof claim settled for $3,850,000.00 and was paid at full
RCV less deductible
Bill Kendall, Attorney
Grisham & Kendall PLLC
•Licensed Attorney in Texas, Oklahoma & Florida -Member DTLA & TTLA
•Represented Residential & Commercial Policyholders Since 2000
•Foundation, Mold, Plumbing, Water, Fire & Smoke, Hail, Wind, Tornado, Hurricane
•Attorney in Argentina for 2 Years 1998-1999 (Still Se Habla a little)
•Lives in Dallas with Wife & Twin Daughters
Wish you’d stop being so good to me, Captain
Don’t Be Like
Why So Much OSHA & Safety
Talk
How is this important for PA’s?
Policyholders Are Under Attack by Insurance Industry!
Hail Litigation Newest Form Lawsuit
Abuse
2017 Texas Legislative Session
◦Changes to TX Insurance Code 542 (prompt payment of claims)
◦Changes to Notice Provision (60 day)
◦Action against Agents – Insurer’s Election of Legal Responsibility
◦Award of Attorney’s Fees
Wish You’d Stop Being So Good To Me
Badger
Sunday DMN Highlights
• Almost 1 VICTIM a day calls Badger
• These people cry when they call my
office
• Their roofs are leaking
• Insurance Money is gone
• I don’t know what to tell them. It’s sad.
Three Story 70-room Hotel
•January 7, 2014 Loss
•Frozen Sprinkler Pipes Burst in Attic
•50% Area of Hotel Wet from Leak
Hotel Owner Goes It Alone
•IA retains contractor for dry-out and remediation
•No property inspection by IA 1st
month of claim
•Insurer pays $48,000 for dry-out & remediation
•“Final” Reconstruction Estimate $102,000 < 3 weeks
•Insurer hires Mitigation Consultant (MC) February 3
Owner Hires Attorney 1 Month
After DOL
•Attorney consults with Mitigation Contractor
(MC)
•MC secures property & hires Environmental
Consultant (EC)
•IA notifies February 11
◦ Demo complete
◦ Hotel dry
◦ Ready for recon.
•MC provides EC protocol & testing February
26 to IA
•Re-inspection scheduled March 5
Re-inspection
Scheduled
•IA provides recon estimate day of inspection
•Estimate created January 24, 2014
•RCV building recon estimate $102,000
•IA first inspection hotel 2 months after DOL
Claim Reset March 5
•IA inspects hotel with insured team
◦MC, EC, Loss Consultant, Attorney
•Parties walk hotel document loss
•MC constructive dialogue with IA
Hotel Re-Opens December 8
UDR Rate Sheet
Labor Rates:
The Standard Rate/Hour applies to UNIFIED DISASTER RESOURCES INC. (UDR) personnel based upon their Labor Classification.
The Standard Rates identified below are per person per hour.
CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE
Temporary Local Labor $28.00 Health & Safety $120.00
Skilled Labor $43.00 Project(s) Accountant (apportioned¹) $80.00
Administrative/Clerical $38.50 Project Manager(s) $97.00
Technician $59.00 Project(s) Coordinator (apportioned¹) $140.00
Supervisor $62.81 Unified Disaster Resources Inc. Consultant $150.00
Equipment Mechanic $68.00 Management Fee (Supervision of client's employees PER HR $4.50
Technical Specialist/Supervisor $70.00 Senior Project Manager $112.50
Project Auditor $51.55 Coordinator of Resources $ 32.65
Carpenter $66.00
¹In the case of a wide-area impact (CAT) this classification's hours may be distributed across multiple projects.
Questions
and
Answers

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OSHA A Strategic Partner for Residential & Commercial PA's | UDR | TAPIA

  • 3. Meet your MC and Panel Experts
  • 4. MC and CEO UDR Mike Fried • IICRC certifications and is a member of the IICRC Clean Trust. • Wind/Hail, Fire, Water, Mold-Microbial, Roofing and Policy Interpretation. • IAUA, Insurance Appraisal and Umpire Assoc., • Certified independent General Insurance Adjuster (GA), • Active multi-state Public Adjuster • Completed reports for over 4000 property and casualty claims Pete Scaffidi • 35 Years of Mitigation, Restoration, Construction • Founder and CEO of his own company • Management of Large Loss Requirements • Extensive Enterprise Project Plans, Reconstruction and Tenant Improvement • Married for 31 years and loves bad football
  • 5. Your Plan for A Strategic OSHA Partnership Provide Tools, Resources, Best Practices and Case Studies Share Ideas • Work Smarter • Work Faster • Be Client Centric • Expand Your Opportunity Footprint • Which Can Lead to More Revenue $$$ •Segments • OSHA & Safety, PA / OSHA Real World, Legal Example, Industry Thought Leadership
  • 6. Kevin Dandridge Director of Safety UDR • Construction and Safety Industry for over 20 Years. • Residential , Commercial, Industrial and Maritime industries. • National Safety Trainer for over 16 years • Authorized OSHA Instructor oOSHA 10 and 30 oOSHA Disaster • Holds his OSHA 500 Card
  • 7. Safety and OSHA Requirements • 2015 By the Numbers • 4,379 worker fatalities • 937 or 21.4% were in construction "Fatal Four" • Falls — 364 • Struck by Object - 90 • Electrocutions - 81 • Caught-in/between - 67 • OSHA is the same for Commercial and Residential construction.
  • 11. Top 10 Most Frequently Cited OSHA standards Violated in FY2016 • Fall protection, construction • Hazard communication standard, general industry • Scaffolding, general requirements, construction • Respiratory protection, general industry • Control of hazardous energy (lockout/tagout), general industry • Powered industrial trucks, general industry • Ladders, construction • Machinery and Machine Guarding, general requirements • Electrical, wiring methods, components and equipment, general industry • Electrical systems design, general requirements, general industry
  • 12. 9 Main OSHA Offices in Texas www.OSHA.gov • Dallas • Fort Worth • El Paso • Lubbock • Austin • Houston North • Houston South • Corpus Christi • San Antonio
  • 13. Key Safety Areas 1926.20 General safety and health provisions 1926.21 Safety Training and Education 1926.23 First aid and medical attention 1926.24 Fire protection and prevention 1926.25 Housekeeping 1926.26 Illumination 1926.27 Sanitation 1926.28 Personal protective equipment 1926.400 Electrical 1926.500 Fall protection
  • 14. Last 6 Months OSHA Fines in Texas • Flooring Company in Dallas For Fall Protection $87,000 • Texas reel company Houston for Electrical $107,000 • Multiple construction companies in Austin for Confined Space on one site $121,000 • Construction company in Rhome for Fall protection, Confined Space, and Electrical $100,000
  • 15. Safety/OSHA Courses • OSHA 10 • OSHA 30 • Disaster Site Worker • Other Relevant Courses Available • Fall Protector • Hazmat • Arch Flash training • Lock out / Tag out • Hazcom • Asbestos…
  • 16. Texas PA Pinnacle Limited • 18 years of Roofing Expertise Means and Methods ◦Wind & Hail damage to residential and commercial roof systems • Public Insurance Adjuster currently holding licenses in Texas, Oklahoma, Colorado, Arizona, Kansas, Louisiana, Mississippi, Georgia, and South Carolina. • Successfully negotiated over $150 Million in roof specific insurance losses
  • 17. Handy Tools of he Trade Be Professional / Be Accurate / Be Expeditious • Claim Management Software • Photo Management Software • Document Management • Mobile Inspection/Photo Software • Contents/BPP Software • Thermal Imaging • Drone Inspections • Ladder Assist
  • 18. 60,000 sq. ft. Roof • Medical Center hail roof damage • Initial insurance claim paid at $650,000 • Utilization of Expertise and inclusion of all Safety / OSHA Compliance Protocol netted a new roof that paid out $3,850,000.00
  • 19. How we went from $650k to $3.85m PHASES OF CLAIM SETTLEMENT ◦ROOFING ◦MECHANICAL SYSTEMS / ENVIRONMENTAL STABILIZATION ◦MITIGATION/REMEDIATION/CLEANING ◦RECONSTRUCTION
  • 20. How we went from $650k to $3.85m ROOFING – Notes of activity •Roof claim was denied 3 times previously by travelers and their expert prior to our engagement. leaks were written off as maintenance issues •New DOLl established by our firm 4 months following final denial. a new claim was filed in lieu of re-opening previous claim •Travelers retained expert when notice of loss was received •Insured retained unified upon notice that engineer was engaged •Unified retained CIH. travelers retained first of three consultants….no CIH was retained by travelers until over 10 months after their investigation began •Moisture mapping of every known leak prepared by unified prior to meeting with engineer •Hail caused anomalies were located, marked, documented and correlated to interior leak points within structure prior to mtg. w/ eng. •Capacitance survey was performed on the roof surface at locations corresponding to water stained/damaged ceiling/wall areas to check for moisture in the roof system •Core samples were taken by engineer at locations where our firm had identified and marked localized hail caused anomalies •Engineer concurred with evidence of hail damage to roof during inspection concluding that the roof did have irreparable hail damage but they felt it was from a previous storm event….previous engineer reports can be your best friend
  • 21. How we went from $650k to $3.85m MECHANICAL SYSTEMS / ENVIRONMENTAL STABILIZATION- Notes of activity •Unified’s CIH performed IAQ testing throughout facility •Visual evidence of damage was observed at many roof top HVAC units •Insured listed units were not functioning in a manner as to maintain a comfortable environment •CIH report coupled with report from Unified tied poor IAQ to underperforming units with visual hail damages. •Travelers approved temporary air conditioning throughout these areas of facility •Travelers second retained consultant approved placement of air scrubbers throughout facility per CIH protocols to establish acceptable IAQ •Mechanical expert was provided CIH IAQ report and recommendations as well as mechanical expert report. he spent 2 hours in field and made recommendation to travelers the next day to immediately approve replacement of all claimed mechanical systems so to limit the expense of the temporary air conditioning systems
  • 22. How we went from $650k to $3.85m MITIGATION/REMEDIATION/CLEANING/RECONSTRUCTION –Notes of activity •Roof was installed ≫ Leaks Stopped •HVAC units replaced ≫ Ambient Environment Acceptable •CIH protocol mandated stabilization of environment to maintain acceptable IAQ •Travelers retained third of three experts to dial in on stabilization of IAQ, demo, remediation, cleaning, and recon. •Third expert recommended travelers retain their own CIH as a check and balance of Unifieds’ CIH •CIH retained by travelers provided data collected to date and met onsite with CIH retained by unified •Per adjuster, CIH concurred with the findings of CIH retained by Unified. never heard from him again. •Document bpp pack out/in, medical records handling, temporary facilities, mobile surgery centers, recon phases, etc,.. the thrice denied $650k roof claim settled for $3,850,000.00 and was paid at full RCV less deductible
  • 23. Bill Kendall, Attorney Grisham & Kendall PLLC •Licensed Attorney in Texas, Oklahoma & Florida -Member DTLA & TTLA •Represented Residential & Commercial Policyholders Since 2000 •Foundation, Mold, Plumbing, Water, Fire & Smoke, Hail, Wind, Tornado, Hurricane •Attorney in Argentina for 2 Years 1998-1999 (Still Se Habla a little) •Lives in Dallas with Wife & Twin Daughters
  • 24.
  • 25. Wish you’d stop being so good to me, Captain Don’t Be Like
  • 26. Why So Much OSHA & Safety Talk How is this important for PA’s? Policyholders Are Under Attack by Insurance Industry!
  • 27. Hail Litigation Newest Form Lawsuit Abuse 2017 Texas Legislative Session ◦Changes to TX Insurance Code 542 (prompt payment of claims) ◦Changes to Notice Provision (60 day) ◦Action against Agents – Insurer’s Election of Legal Responsibility ◦Award of Attorney’s Fees
  • 28. Wish You’d Stop Being So Good To Me Badger Sunday DMN Highlights • Almost 1 VICTIM a day calls Badger • These people cry when they call my office • Their roofs are leaking • Insurance Money is gone • I don’t know what to tell them. It’s sad.
  • 29. Three Story 70-room Hotel •January 7, 2014 Loss •Frozen Sprinkler Pipes Burst in Attic •50% Area of Hotel Wet from Leak
  • 30. Hotel Owner Goes It Alone •IA retains contractor for dry-out and remediation •No property inspection by IA 1st month of claim •Insurer pays $48,000 for dry-out & remediation •“Final” Reconstruction Estimate $102,000 < 3 weeks •Insurer hires Mitigation Consultant (MC) February 3
  • 31. Owner Hires Attorney 1 Month After DOL •Attorney consults with Mitigation Contractor (MC) •MC secures property & hires Environmental Consultant (EC) •IA notifies February 11 ◦ Demo complete ◦ Hotel dry ◦ Ready for recon. •MC provides EC protocol & testing February 26 to IA •Re-inspection scheduled March 5
  • 32. Re-inspection Scheduled •IA provides recon estimate day of inspection •Estimate created January 24, 2014 •RCV building recon estimate $102,000 •IA first inspection hotel 2 months after DOL
  • 33. Claim Reset March 5 •IA inspects hotel with insured team ◦MC, EC, Loss Consultant, Attorney •Parties walk hotel document loss •MC constructive dialogue with IA
  • 34.
  • 36. UDR Rate Sheet Labor Rates: The Standard Rate/Hour applies to UNIFIED DISASTER RESOURCES INC. (UDR) personnel based upon their Labor Classification. The Standard Rates identified below are per person per hour. CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE Temporary Local Labor $28.00 Health & Safety $120.00 Skilled Labor $43.00 Project(s) Accountant (apportioned¹) $80.00 Administrative/Clerical $38.50 Project Manager(s) $97.00 Technician $59.00 Project(s) Coordinator (apportioned¹) $140.00 Supervisor $62.81 Unified Disaster Resources Inc. Consultant $150.00 Equipment Mechanic $68.00 Management Fee (Supervision of client's employees PER HR $4.50 Technical Specialist/Supervisor $70.00 Senior Project Manager $112.50 Project Auditor $51.55 Coordinator of Resources $ 32.65 Carpenter $66.00 ¹In the case of a wide-area impact (CAT) this classification's hours may be distributed across multiple projects.