April 2024 OnSite

April 2024

METROPOLITAN BUILDERS & CONTRACTORS ASSOCIATION OF NJ MAGAZINE

OPENING DOORS TO RECRUIT DIVERSE TALENTS!

ANDERSEN WINDOWS AND DOORS TEAMS UP WITH NAHB TO GROW TALENT! SEE PAGES 10 – 11 GET TO KNOW METRO ASSOCIATE MEMBER TONY ETTORE, AFFORDABLE BUILDING SERVICES SEE PAGES 16 – 17 METRO MEMBERS ON FIRE AT ABC! CHECK OUT SAM WINNERS SEE PAGES 12 – 13

2024 METRO CALENDAR OF EVENTS

Tuesday, April 16, 2024 Understanding and Preparing Contracts – Interactive online class 4:00 PM - ZOOM (Remodelers Council) Thursday, April 25, 2024 How to Get the Most Out of Your Membership – Interactive online class 9:30 – 10:30 AM - ZOOM Friday, April 26, 2024 Night at the Races (w/ BANNJ & NKBA) 6:30 Meadowlands Racetrack Wednesday, May 8, 2024 SMC Breakfast 8:30 am - 1776 Tuesday, May 14, 2024 New Member Orientation (ZOOM) 10:00 AM - ZOOM

Tuesday, July 9, 2024 New Member Orientation (ZOOM) 10:00 AM - ZOOM Thursday, July 11, 2024 Reno’s Multi Association Event & BOD Reno’s – 5:30 PM Thursday, July 18, 2024 Mid-Year Economic Forecast 12:00 – 1:00 PM Tuesday, July 23, 2024 Why You Can’t Afford Free Estimates Presented by Coppola Brothers, LLC 4:00 PM – Location TBD (Remodelers Council) Tuesday, August 13, 2024 New Member Orientation (ZOOM) 10:00 AM - ZOOM Wednesday,, September 4, 2024 NAHB: Managing the Project Schedule – Interactive online class 4:00 PM – Zoom Tuesday, September 10, 2024 New Member Orientation (ZOOM) 10:00 AM - ZOOM Wednesday, September 11, 2024 SMC Breakfast 8:30 am -1776 Thursday, September 19, 2024 Harvest Fest / Octoberfest& BOD GPS Summit Tuesday, September 24, 2024 Different Ways to Resolve Business Disputes: Exploring the pros and cons of mediation, arbitration, and litigation – interactive session 9:00 AM – (ZOOM)

Tuesday, October 8, 2024 Golf Outing

7:30 am Registration – 9:00 am Shotgun - Ballyowen Golf Course

Wednesday, October 9, 2024 SMC Breakfast 8:30 am – 1776

Thursday, October 17, 2024 Financial Basics for Your Business – Interactive online class Presented by Jennifer Polidori, Merril Lynch 10:00 am - ZOOM Tuesday, November 12, 2024 New Member Orientation (ZOOM) 10:00 AM - ZOOM Tuesday, November 12, 2024 PWB & SMC Happy Hour 4:00 PM – Location TBD Thursday, November 14, 2024 Joint Event with BANNJ Ferguson at Fairfield Thursday, November 21, 2024 General Membership Election of Officers & Directors & BOD Location TBD – 5:00 PM Thursday, December 5, 2024 Installation Dinner & Holiday Party 6:00 PM – Hanover Manor Tuesday, December 10, 2024 New Member Orientation (ZOOM) 10:00 AM

Thursday, May 16, 2024 Lobsterfest & BOD 5:30 PM - Pub 199

Tuesday, May 21, 2024 Clients from Hell & How to Deal with Them – Interactive online class 4:00 PM – ZOOM (Remodelers Council)

Wednesday, June 6, 2024 NAHB: Estimating – The First Line of Defense 4:00 PM – Zoom Tuesday, June 4, 2024 PWB Happy Hour 4:00 PM – Location TBD Wednesday, June 19, 2024 Awards of Excellence 4:00 PM – Hanover Manor

(All events/topics and dates are subject to change)

March was a magnificent month! Our very own Tammy Murray of Anderson Windows was featured on basically every available screen throughout the International Builders Show (IBS) 2024 in Las Vagas. She had an impressive presence as she shared her work with Historically Black Colleges and Universities (HBCU) students. Amazing work, Tammy! The Atlantic Builders Convention (ABC), hosted by the New Jersey Builders Association (NJBA), was a huge success! Harrah’s in Atlantic City, NJ did a wonderful job accommodating the show. The booths, classes, professional gatherings and private events filled the calendar and the audience was excellent. I’m proud to report that our local had a large presence at the show. Nice work Metro! The 2024 Annual Sales and Marketing Awards (SAM AWARDS) was also held at Harrah’s and was the kick off to the ABC convention. This awards program honors Builder/Remodeler & Associate members of the NJBA who have made major contributions to the home building industry. Congratulations to our Metro 2024 SAM Award winners! Our Professional Women in Building Council (PWB) along with Shore Builder’s PWB held “Leadership Confidence and the Opportunities for Women in Building” in Atlantic City during the ABC convention. It was a champagne brunch featuring a panel of industry leaders who shared their secrets for mastering the confidence to effectively lead and create opportunities in construction. It was a huge hit and is anticipated to be part of the 2025 ABC program. Our Awards of Excellence (AOE) is quickly approaching. We officially exceeded last year’s entries. What an accomplishment! Last year, our event was memorable. We anticipate this year to be even better. Make sure you purchase your tickets. They will be available until April 30, 2024. Our Education Committee is in full swing and we are currently offering 3 NAHB classes. The classes are virtual and vary in topic and time frame. Check out our online calendar to get the details and register. Look forward to seeing you in class! Thank you Robert Nussbaum of Saiber for the informative article concerning Occupational Safety and Health Administration (OSHA) rules. Take a minute to check it out and read it. We had the pleasure of interviewing Tony Ettore of Affordable Building Services LLC. Enjoy the write up and look for him at our next event. Introduce yourself and share your contact information. He is always connecting, sharing knowledge, and working with other members. President’s Message April 2024

Metropolitan Builders & Contractors Association of NJ 39 East Hanover Avenue • Suite B4 Morris Plains, NJ 07950 Phone: 973-887-2888 Fax: 973-887-2926 Website: www.MetroBCA.org

OnSite / April 2024 Editor: Rose Ann Haberman Layout: Gregory J. Del Deo

Mission Statement: Metro is a professional organization that shall serve to protect and advance the rights and interests of builders, remodelers and associates in all matters affecting the building and remodeling industries. Metro shall support the business interests of all its member firms, support safe and affordable shelter, and foster the American dream of home ownership. Vision Statement: Metro is the leading trade association for the construction industry. Metro inspires active membership through professional development and advocacy. We embrace free markets to promote cost effective housing in NJ.

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Kristie Veri 2024 Metro President

MARCH SALES & MARKETING COUNCIL BREAKFAST MEETING 1776 BY DAVID BURKE, MORRISTOWN CHAIR: TODD SMITH, ROYCE JOSEPH

NEXT MEETING: WEDNESDAY, MAY 8 GUEST PRESENTER: ANDREW SCHENKEL, FOUNDER & CEO, DOUBLE PLAY MARKETING & SALES 1776 BY DAVID BURKE, MORRISTOWN, 8:30 – 10 AM

MICHELE’S EO PERSPECTIVE Many of our members flooded Atlantic City in March for the Atlantic Builders Convention. This year, the show boasted a fully booked

floor and over 4,000 attendees. The show continues to grow yearly, and the Hard Rock Casino was an excellent new addition in 2024. April kicks off our Spring Membership Drive, which offers additional spikes to members

based on the net growth. From April through June, Metro will participate in the NAHB Spring Membership drive. If our membership increases between 3 – 6.99% during this period, all members who recruited ‘New’ members during this time will receive 2 x Spike credits. If we increase our membership by 7% or more, all members who recruited ‘New’ members during this time frame will receive 3 x Spike credits. This is a great incentive for our members to accrue Spikes. So, What are Spike Credits? When you recruit and retain members, you are not only giving back to the industry, you will also be recognized and rewarded through NAHB’s Spike Club. As you continue to recruit and retain additional, you accrue more Spike credits and achieve different levels of recognition for your Spike Status. To become a Spike, you must earn at least 6 credits. The best way to earn credits is to recruit a new member. And what better time to recruit new members than during our membership drive, where you can potentially get early Double or Triple credits? You can also earn credits for renewals and recruiting new council members. • 1 credit for each new builder or associate member you recruit • 1 credit on the first anniversary of each new member you recruited • ½ of a credit for each anniversary that follows for each of those members • ½ of a credit for recruiting council members to their local association Once you accrue 6 Spike credits, you officially become a Spike and a member of the Spike Club—a network of Spikes across the nation focused on growing their associations. As you accumulate credits, your status rises within the Spike Club. Each year, current Spike members who have recruited at least one new builder and/or associate member receive two complimentary tickets to the Closing Spike Concert at the International Builders’ Show (IBS). Many spikes saw Cole Swindell in January for free, just for referring members. In addition, Spikes, who have recruited at least five new builders and/or associate members, receive an invitation to the Spike VIP section at the concert. Within the VIP section, Spikes enjoy complimentary food and drinks for the show’s duration. IBS brings together building industry professionals from around the globe, and the Closing Spike Concert is a great way to celebrate at the end of the week. So put your recruiting cap on, and let’s begin the fun. Start earning your Spike credits today.

Michele Leppard, EO , mleppard@metrobca.org Office: (973) 887-2888 x 1, Cell (201) 463-5543

NJ STATE PROFESSIONAL WOMEN IN BUILDING (PWB) NJBA ABC CONVENTION EVENT … A BIG SUCCESS! The New Jersey PWB Councils in the state collaborated to host a program at the convention called “Leadership, Confidence and the Opportunities for Women in Building”. This event served as a testament to the strength, intelligence, and determination of women who have embraced careers in construction, challenging stereotypes and defying societal norms. We gathered to celebrate the contributions of women in an industry traditionally dominated by men. These talented and resilient women have broken barriers, shattered glass ceilings, and paved the way for us today. As a result of women like this, new opportunities for women in the industry exist today hiring more women than ever before. At the end of 2023 the Bureau of Labor Statistics (BLS) reveals that 10.8% of construction workers in the United States are women. Women in construction only make up 1.25% of the total work force despite 47% of all employed individuals are women. Regardless of barriers women in construction face, women like this are changing the face of our industry. Our program focused on hearing what these women, their journey and how their stories can continue to help women move forward.

The NJ PWB councils want to thank NJBA CEO Jeff Kolakowski and NJBA Vice President of Operations, Lisa Obolsky, for giving New Jersey’s PWB Council’s the opportunity to host and showcase an event for the first time at ABC. Thank you to HBA Executive Officers, Michele Leppard and Gina McNamara and Office Manager, Christine Boyle for their help and support coordinating this event. Thank you again to our panelists and sponsors who are highlighted on this program flyer! However, without these NJ PWB women, who helped organizing this program, we wouldn’t be able to accomplish all we did: (The program sold out and had a waiting list to attend.) • Tammy Murray – Anderson Windows and Doors • Kristie Veri – Cleanscape Construction • Julie Stilo – Stilo Disposal • Esther Cirelli, SERVPRO • Lauren Hughes – SERVPRO • Stacey Kavanagh – Provident Bank • Stephanie Shaffrey – Flair Marketing Group • Linda Garvey – Coppola Brothers LLC • Gina McNamara – Shore Builders • Christine Boyle – Shore Builders • Michele Leppard – Metro Thank you to all and we hope we can return in 2025!

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By Linda Garvey, Metro’s PWB Council Chair, Coppola Brothers LLC LI linda-george-garvey-4aa493269

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new scheme, that may be impossible, so either dual agency will end, or the law will have to change somehow. I expect that, eventually, the new system will go something like this. The buyer and seller will negotiate their fees separately, with their own agents. Sellers will decide whether or pay a buyers’ agent fee and if so, how much. Buyers, in their purchase offers, will ask sellers to pay their agents, but may be liable for any difference between the seller’s agreement with his agent, and the buyer’s agreement with his, unless the two agents are willing to re-negotiate their fees. The amount paid to the buyer’s agent will most likely be treated as a concession, deducted from the purchase price, as a closing cost of the buyer whereas before it was a cost to the seller. However, it may be a bumpy road we will have to travel to get there and changes go into effect on July 1 2024 so there is not much time to figure this all out.

THE MORE THINGS CHANGE, THE MORE THEY STAY THE SAME! Mandatory Changes Due to NAR Lawsuit Settlement Now that the National Association of Realtors (NAR) has settled the class action lawsuit challenging the way commissions are paid, the question on everyone’s mind is, how will this change the way we do business. And the answer is, not very much, and potentially a lot! There are two changes required due to the settlement. First, buyers and their agents will be required to enter into

buyer’s agency agreements that include compensation to be paid by the buyer. The second is that seller’s offers of compensation to the buyer’s agent may not be communicated on the Multiple Listing System. Buyer’s Agency Agreements are nothing new. The New Jersey Association of Realtors currently provides agents with several Buyer’s Agency Agreement forms. Expect to see some minor changes to the forms, but not much. We may also see forms for “fee for service” and/or

For the consumer, I fear this new system may have the unintended consequence of driving fees higher. Under the new system, if a buyer’s agent signs an agency agreement for one amount, and the seller offers a higher amount, the buyers agent can only accept the lower amount that is stated in their contract with the buyer. They may not accept the higher amount offered by the seller. Thus, the new system

encourages buyer’s agents to negotiate a higher commission up front and then to potentially negotiate down if necessary. The other potential issue is that agents will by necessity spend more time negotiating and memorializing in writing, fee arrangements that were transparent, open and simple under the old system. Nobody works for free, over regulation always leads to higher costs and this situation is no different.

“flat fee” arrangements. We have had this system for a very long time, it has simply been under-utilized because it was optional. Now it will be mandatory. For sellers, the only difference is that offers of compensation may not be published on the Multiple Listing Service. Sellers always had the option of refusing to pay the buyers’ agents. If they chose to compensate the buyers’ agent, the amount offered was always open to negotiation and purely the decision of the seller. And sellers could always choose to sell their properties on their own with no professional representation at all. But now offers of compensation will have to be communicated somewhere other than the MLS. The larger issue is that banks will not allow the commissions to be included in the mortgage. NAR is currently seeking guidance from Fannie Mae, Freddie Mac, the FHA and the VA as to how this is going to work. The Veteran’s administration does not allow buyers to pay commissions at all if they use a VA loan. And the others limit the amount a seller can contribute to the buyer’s closing costs. If there are not adjustments made it is going to make home buying very difficult for most people. The industry may take a giant step backward to the bad old days when buyers had no representation and agents only represented the seller. Another issue specific to New Jersey is Dual Agency. New Jersey allows an agent to represent both the buyer and seller at the same time, however, that agent can only collect a commission from one of the parties. Under this

By Suzanne MacDowell, Managing Broker, Century 21 Christel Realty 86 Main Street, Succasunna, NJ 07876

973-627-6800 (office) 201-602-4458 (direct) suzannemacdowell@gmail.com

HBCU colleges throughout the country and there is a large focus on STEM among other majors. This again was an opportunity to engage an underrepresented demographic in our industry and combine this with a need to expand awareness. We met Our 1st cohort of students in September 2023. During a 3 day experience our goal was twofold: 1. To share information so students can go back to their campus and either engage or start a student chapter 2. To bring awareness to our industry by sharing some of the incredible career opportunities within residential construction. Within 6 months of engaging our 1st cohort of ultra impressive students not only did they go back to their campuses engage/start student chapters, but there was an excitement about our industry! Here are some stats to consider: 86% of the students from our 1st cohort attended their first IBS in Feb 2024 From 2023-2024 we tripled the amount of HBCU student chapters From 2023-2024 we had 6x the amount of diverse students attend IBS for the first time! Two HBCU schools - Tuskegee University and North Carolina A&T University won the awards for Outstanding Student Chapter (1st Place and 3rd place respectively) I have personally been so thankful to be a part of this effort which has consisted of many of my Andersen colleagues helping both in front and behind the scenes. It has been an incredible highlight to work with Greg Zick, Director of Workforce Development (NAHB) and his incredible team. And last but certainly not least, Dr Charner Rogers and Myles Cardenas, Chair and Vice-Chair of Student Chapters Advisory Board(NAHB) I am so proud to represent a company that not only understands this need, but is willing to put resources behind it. In September we will host our 2nd cohort of students in Washington DC. My ask is this, if you are as passionate about the need to bring in new talent in our industry as I am, or if you are interested in adding resources to this initiative, please reach out to me. We can go further faster when we are working together! Please check out this video of some of our interaction with the first cohort. Special thanks to 84 Lumber for all their support from the start!

HBCUs WITH RESIDENTIAL CONSTRUCTION PROGRAMS GET THE SPOTLIGHT! Andersen Windows and Doors Teams Up with NAHB to Grow Talent!

Submitted by Tammy Murray, Andersen Windows & Doors LI tammy-murray-1a6139a Most of us reading this article began our journey in our careers either on purpose or by accident. Some planned

to be in this industry, some businesses were passed down from generations before us, some married into it, and some people stumbled upon the industry and had no idea the of the importance and complexity of what we do and what a crucial part of the economic pie we are. I was in the latter and continue to learn more each day. It is a daily conversation to have someone share that they have been a part of this industry for 20, 30, 40 years or more. There is comfort, confidence and pride in that statement of touching so many projects that helped to create the American dream. On the flip side, I have heard just as many proudly proclaim, it’s time to retire, spend more time on the golf course and enjoy the rest of life, which is a gift. For many decades, our push for the youth has been go to college and pick a career, and not necessarily advocating for our industry. We are now at a crossroads. Data shows that we are at both a deficit for both industry labor and home inventory. The need to accelerate at an astronomical pace is upon us. This is an opportunity as much as a need. NAHB has historically had a workforce development focus, but the opportunity for engagement hyper focused on diverse talent is more recent. In 2023, Andersen sponsored NAHB’s brand new initiative to focus on students with residential construction studies that attend Historically Black Colleges and Universities. (HBCU) NAHB selected 11 HBCU’s with residential construction studies and invited the students to Washington, DC to present this new program. For those that are unfamiliar, HBCU’s began in the 1900’s as a way to offer higher education to Black students during segregation. Currently, there are 105

Four-Year College Programs – Custom/Small Home Build: 1st Place: Tuskegee University (AL)

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METRO AWARD WINNERS AT SAM! LARKEN ASSOCIATES Above and Beyond Community Service Award Best Brochure Using a Corporate Jacket (The Reserve of Crosswicks) Best E-blast (The Reserve of Crosswicks) Best Interior Merchandising for a Common Space (The Reserve of Crosswicks) Leasing Marketing Director of the Year – Rental Communities – Melissa Nascimento

WOODMONT PROPERTIES Best Brochure for a Rental Community (Woodmont Way of West Windsor) Best Print Ad Over ½ page Corporate Ad Best Use of Social Media (Woodmont Way of West Windsor)

Best Interior Merchandising for a Rental Community (Woodmont Way of West Windsor) Best Landscaping Design for an attached, Rental or Mid-Rise / High Rise Community (Woodmont Way of West Windsor) Best Marketing Strategy for a Rental Community (Woodmont Way of West Windsor) Project Superintendent of the Year – Anthony Sarcone Community of the Year Rental Community with over 200 apartments – Woodmont Way of West Windsor)

WA CONSTRUCT Best Direct Mail Piece Best Website

Best Kitchen Remodeling / Renovation Project Best Bath Remodeling / Renovation Project Best Extreme Home Makeover

STERLING PROPERTIES Best Signage Program for an attached, rental or mid-rise / High Rise Community (The Gables)

FALLONE GROUP Best Single Family Detached Home with an average base sales price over $600,000 (Deerfield Estates) Best Commercial Property (472 US Hwy 22)

MILLENNIUM CUSTOM HOMES Best New Mixed Use Project Consisting of Commercial & Residential

CALIBER HOME LOANS Associate Member Sales Person of the Year – Shane Connor Best App of online interactive tool for an associate

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The most wanted list in Figure 1, although valuable and informative, doesn’t change much over time. Clearly, builders ought to try to incorporate as many of these features as possible, given that 80%+ of buyers have a strong preference for them. But are there other features, perhaps not as widely popular, that are growing on home buyers? Figure 2 shows the 10 features with the most growth in popularity in the last 10 years—all have seen the share of buyers rating them essential/desirable increase by at least 25 points since 2012. At the top of this most- growth list are security cameras, now wanted by 76%

OUTDOOR FEATURES & A LAUNDRY ROOM AMONG MOST WANTED FEATURES By Rose Quint, LI rose-quint, April 3, 2024 NAHB Eye On Housing: Survey Results The two most wanted features in a home are a laundry room and a patio, according to NAHB’s latest study on buyer preferences—What Home Buyers Really Want Study*. Buyers in the study were given a list of 200+

features of the home and the community and asked to rate each one on a consistent scale (essential, desirable, indifferent, do not want) in order to produce comparable results. The most wanted list consists of 13 features rated essential or desirable by at least 80% of all home buyers in the study (Fig. 1). In addition to the laundry room and a patio, both wanted by 86% of buyers, the list also includes: • Three additional

of buyers, 36 points higher than a decade ago, followed by a wired home security system (up 35 points) and a programmable thermostat (up 31 points). Technology is the common thread through all the features gaining the most favor with buyers in the last 10 years. Figure 2 also allows us to glean that buyers are leaning on technology primarily for two purposes: to increase the safety of their home and to save energy by efficiently controlling the temperature of their home. * What Home Buyers Really Want, 2024 Edition sheds light

outdoor features: exterior lighting (82%), a front porch (81%), and landscaping (80%).

• Two in the kitchen: table space for eating (80%) and a walk-in pantry (80%). • Two related to energy-efficiency: ENERGY STAR windows (83%) and appliances (80%). • Plus, ceiling fans (81%), garage storage (81%), hardwood for the main level (81%), and a full bath on the main level of the home (80%).

on the housing preferences of the typical home buyer and is based on a national survey of more than 3,000 recent and prospective home buyers. Because of the inherent diversity in buyer backgrounds, the study provides granular specificity based on demographic factors such as generation, geographic location, race/ethnicity, income, and price point.

ASSOCIATE SPOTLIGHT TONY ETTORE AFFORDABLE BUILDING SERVICES

10 County Line Road, Suite 14 Branchburg, NJ 08876 908-229-2534 tonyettore@abs-service.net

Years in this business: 30 How did you get into this business? In 1994, my wife Elaine and I decided to start a small janitorial company as a side business. We have continued to grow and expand our offered services ever since. What products and services does your company provide? We provide all aspects of Janitorial and Facility Management, and also have a large construction clean-up division, which is the

Why did you join Metro? My original introduction to Metro was a desire to become an exhibitor at the Atlantic Builders Convention. This was the original reason for joining, but quickly began attending numerous functions.

reason for our involvement with Metro. What is the story behind your company? Some of our more recognizable construction clean-up projects

What is your feeling behind members helping members? I believe that in any organization, the heart of the group is like-minded people assisting one another. Whether it is offering work… sharing a contact or making a referral. It all

include The Mansion at NATIRAR, The RWJ Barnabas Health Athletic Performance Center at Rutgers University, St Joseph’s Health Totowa, Princeton Public Schools, Johnson & Johnson, First Ocean Bank and Meadowlands Racetrack to name a few. Have you/your company performed any

comes back to you! How would you guide others to partner up more? I think that the more that someone attends social

community service or charitable efforts within the last year? We support numerous local charities and support groups and shelters throughout Central NJ. Years in the Metropolitan Builders and Contractors Association: 2 How did you get involved with Metro initially? Our first attended event was Grillin’ & Chillin’ and was very impressed.

events, the more people you get to know and the better they get to know you. They learn what you and your company represent and what you can bring to the table. Are you a part of any Metro Committees? If so, which ones and how did you become involved with them? I attend all of the Sales & Marketing meetings. I find the group very welcoming and interesting. The topics are of value to everyone. I also try to attend as many social events as I can. What are you listening to? Me????? I am a musician … enjoy a wide variety of music and attend way too many concerts and Broadway shows! Chicago…Moody Blues…. Toto…..way too many to list! I also enjoy sports and love to cook! What do you see/believe are the most important issues in the building industry today? Since I am not in the building industry per se that is hard for me to say. In my business like many others, rising supply costs and difficulty in finding help are real issues. I know for my company, we partner with numerous contractors to provide a wide variety of clean-up and finishing touch options. We take a finished construction project to the next level before turning over the keys!

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OSHA’s regulations and stay in compliance with those standards. Failure to do so could result in serious injury or death to an employee as well as significant civil and/or criminal penalties for the contractor. * * * * * * * * * * * Each issue’s Saiber Construction Law Column will discuss a recent decision by New Jersey courts or courts from other states which may be of interest to people in the construction industry. The information in each article is not intended to be legal advice and may not be used as legal advice. Legal advice must be tailored to the specific circumstances of each case. Every effort has been made to ensure this information is up-to-date. The article is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel. For any question relating to this article, please contact Robert B. Nussbaum, Esq. at Saiber LLC at rnussbaum@saiber.com.

THE SAIBER CONSTRUCTION LAW COLUMN

By Robert B. Nussbaum, Esq. rnussbaum@saiber.com Robert Nussbaum, Esq. LI

As set forth on its website, the Occupational Safety and Health

Administration (“OSHA”) was created in 1970 “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance.” OSHA is part of the United States Department of Labor. Under the law, employers are required to provide employees with a place of employment “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” The statute further provides that employers are required to comply with safety and health standards established by the Secretary of Labor. Employers who willfully or repeatedly violate the statute or any rule promulgated pursuant to the statute may be assessed significant civil and/or criminal penalties, depending on the circumstances. For example, “willful or repeated violations” can result in a civil penalty of up to $70,000 for each violation. An employer cited for a “serious violation” can be assessed a civil penalty of up to $7,000 per violation. The failure to correct a violation could result in a civil penalty of up to $7,000 for each day that the violation continues. On February 12, 2024, OSHA cited a Paterson, New Jersey contractor with six willful violations for a lack of fall protection and failure to ensure the use of eye protection, and four serious violations for unsafe scaffolds and failure to provide hard hats for overhead hazards. The construction company faces a proposed penalty of $1,017,248 for the violations. The company was also added to OSHA’s list of severe violators. OSHA’s news release about this contractor may be read at https://www.osha.gov/ news/newsreleases/national/02122024. Contractors therefore should be familiar with

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