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Summer 2010 OCMA News |
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Summer 2010 OCMA News |
OCMA Presents Annual President’s Awards
At the July 20, 2010 annual meeting of the OCMA, OCMA President Jim Flanagan, Babcock Wilcox Company, presented the “Company of the Year” award to OCMA Trustee Jeremiah Clegg, representing Burnham Foundry LLC and the “Supplier of the Year” award to Nick Cannell, FOPAT Productions. The awards, established sixteen (16) years ago in 1994, recognize the value to OCMA of contributions made by its member companies and the individuals who give their valuable time to advance not only the OCMA, but also more importantly, the metal casting industry in Ohio. Burnham Foundry LLC was a founding member of OCMA in 1991. Jeremiah Clegg, Plant Manager, was elected to the OCMA Board of Trustees in 2008. He followed in the footsteps of Robert Balfantz who served on the Board in the late 1990’s. Craig Schmeisser began his service to OCMA while working at Burnham Foundry LLC as the first chairman of the OCMA Environmental Affairs Committee back in 1992. Dave Jones was a founding member of the OCMA HR Committee and has been a stalwart supporter of its activities since its inception. In Spring 2010, Burnham Foundry LLC hosted the OCMA annual foundry tour. The luncheon held at the Springfield Country Club was one of the best ever. Finally, Burnham Foundry LLC has been a key supporter of the OCMA Annual Golf Outing. Nick Cannell, FOPAT Production, Inc., received the 2010 Supplier of the Year Award to recognize the valuable services he provides to our organization. Nick took over as OCMA photographer at its quarterly meetings when OCMA lost its previous photographers, Ric Babcock, G & C Foundry and Fred Vlaskamp, The Fenton Foundry Supply Company, during the 2000-2002 recession. Nick is also the OCMA desktop publisher. OCMA Executive Director Russ Murray sends the draft OCMA News and photos to Nick and he turns it into the wonderful electronic newsletter that has been praised by metal casters throughout our industry. Last but certainly not least, Nick is the OCMA Webmaster and “go to guy” for computer problems. In his spare time, Nick updates the OCMA website, keeps it “looking good, and technically operational. The OCMA website is certainly one of the best in our industry. Nick is also an active member of the OCMA Golf Committee, and in addition to recruiting numerous sponsors for the event; he has faithfully participated in the annual outing despite being “golf-challenged”! MEETING UPDATE
On Thursday, July 20, 2010, nearly fifty (50) representatives of OCMA member companies attended the OCMA annual meeting in Columbus. Dave Yost, Candidate for Ohio State Auditor, was the luncheon speaker. Dave served as Delaware County Auditor from 1999 to 2003 and is in his second term as county prosecuting attorney. The key points of his presentation are summarized below. 1. Dave visited his first foundry as a reporter for the now defunct Columbus Citizen Journal. He did a feature story about the Buckeye Steel Castings Company, now Columbus Steel Castings. He was much impressed by the huge machinery and the pouring of molten metal, which he described as the essence of manufacturing. He said it left an indelible memory. 2. He scoffed at those individuals who say that manufacturing in Ohio is dead. He has visited 72 of Ohio’s 80 counties and toured more than twenty (20) plants and said from these visits it is clear that manufacturing in Ohio is alive and well with the best work force in America keeping us competitive with any nation. 3. He spoke about how government needed to “skinny down” and let the private sector create good jobs. An example was a recent government project that provided $3 million for installation of solar water heaters. Unfortunately, solar water heaters don’t work six months of the year. The ROI on the solar water heaters is 12.5 years. This is not efficient use of taxpayer dollars. Another example concerned the Ohio Department of Jobs & Family Services paying for prom dresses! A final example was a government-funded study to address obesity. The results of the study: eat right and exercise! This type of spending is out of control. It is time to stop treating the tax takers better than the taxpayers! 4. The Auditor of State is the state’s “bean counter”,
making sure the books balance and that money is spent appropriately.
The Auditor creates adequate systems to control financial transactions
and seeks out material weaknesses. Financial statements need to represent
financial realities. The office contains a special audit section that
performs detailed financial audits to root out fraud. 5. State government is facing an $8 billion deficit for the next budget. It is imperative that Ohio leaders prioritize government spending to promote public safety and general welfare, but if lesser priorities cannot be paid without raising taxes then perhaps those services should be eliminated. Efforts should also be made to assure that government spending is as efficient as it can be.
Rebecca Bennett, Frantz Ward LLP, discussed OSHA’s new medical records inspections, the impact the addition of Craig Becker, former counsel for the SEIU and AFL-CIO, will have on NLRB activities, and DOL activities. Key points of her presentation are provided below: 1. Following OSHA’s Special Emphasis Program for Primary Metals, there has been an increase in OSHA medical record inspections. Rare until recently, these inspections are authorized under the law to allow assessment of employee exposure to “toxic substances and harmful physical agents”. In the case of foundries typical exposures include silica dust, lead, noise, and fumes. 2. Under the law, access to records is provided to employees, their designated representatives, and to OSHA. Typical exposure records would include monitoring and sampling data, biological absorption monitoring, and MSDS sheets. Employee medical records include medical exams, baseline tests for detecting occupational illnesses, monitoring tests, first aid records, and medical complaints. What are not considered medical records are health insurance records, items relating to litigation, and EAP records. 3. Rebecca counseled members to not give OSHA more information than you need to provide and take particular care to protect employee privacy. Turn over only that information that is required. She suggested the medical records should be kept separate from personnel files. Foundries may wish to review their current practices for treatment of medical records in light of the possibility of an OSHA medical records inspection. 4. OSHA inspectors must provide a signed authorization letter that must be posted for fifteen (15) days. Company representatives should demand that the letter or OSHA personnel must articulate the reasons for the medical records request. Any request from an employee representative must show written consent from the employee designated. The employer must reply in a reasonable time, fifteen days, and must provide copies of the records at no cost. 5. Although an employer must comply with the OSHA request for medical records, they must also be protective of trade secrets, HIPAA-protected information, and patient-physician privilege. 6. To prepare for a possible inspection, Rebecca recommends that an employer conduct a “pre-audit” of its record-keeping practices, make sure personnel are knowledgeable about proper actions when confronted by an OSHA inspector, and ensure that if the OSHA inspectors show up, that OSHA has articulated a narrow, reasonable basis for the inspection. Employers are encouraged to strike a balance between cooperation and privacy protection. 7. With the recess appointment of Craig Becker, the NLRB now consists of three Democrats and one Republican. The Board is now very pro-union and is expected to try to seek union-friendly labor law changes through its decisions. 8. To ascertain the direction of NLRB decisions, it is important to review the comments Craig Becker has made in his writings or in the press. Outlined below are a number of changes that Craig Becker has suggested he would make to improve the ability to unions to organize today’s workforce:
Ø Elimination of any employer role in union
organizing campaigns (return to 1935 Wagner Act); 9. In a very important decision, on June 17, 2010, the U. S. Supreme Court, in New Process Steel v NLRB held that the law required a quorum of three members of the NLRB to transact business. The NLRB has had only two (2) members since December 2007. The effect of the Supreme Court decision is that all of the decisions made since December 2007 will be remanded and new decisions made. 10. Lastly, Hilda Solis, head of the U. S. Department of Labor, has taken several actions that make union organizing more favorable to unions. Ryan Augsburger, Managing Director of Public Policy Services, OMA, spoke of the importance of this year’s elections and the need for Ohio manufacturers including metal casters to play an active role in the outcome. Key points of his presentation are outlined below: 1. The 2010 election is extraordinarily important to Ohio manufacturers. The Apportionment Board is made up of the Governor, Secretary of State, and Auditor of State as well as two members selected by the leadership of the two parties. The Apportionment Board is responsible for drawing the lines of the legislative districts for the Ohio General Assembly and the Ohio Congressional delegation. Following the 2010 census, it is expected that Ohio will lose either 1-2 congressional seats and determination of the Apportionment Board will greatly affect the composition of the Ohio Congressional delegation.
2. Of course, the November election will select an Ohio Governor for the next four years and that is extremely important to Ohio manufacturers. The Governor is the leader of state government and the policies he pursues directly affect business and manufacturing. The Governor also selects the Cabinet Officers and these individuals can have a tremendous impact on business in Ohio. Although the OMA has had a good relationship with Governor Strickland cooperating on opposition to “cap and trade” legislation, the passage of S. B. 265 electricity reform, and the sick leave constitutional amendment, the OMA will not be making an endorsement in the election. 3. The judicial elections in November are also of great import. Many have forgotten a decade ago when the liberal majority on the Supreme Court summarily overturned major business reforms enacted by the Ohio General Assembly such as tort reform. In more recent years, the Court is much more conservative in nature and its decisions have generally benefited business and manufacturing. However, the untimely death of former Chief Justice Tom Moyer resulted in the appointment of liberal judge, Eric Brown as Chief Justice and he is running against Justice Maureen O’Connor to retain the Chief Judgeship. Justice O’Connor votes on the Court have been much more business-friendly than those of Chief Justice Brown who has already begun reviewing some past decisions of the Court to determine whether they should be overturned. 4. Although all of the races for Ohio Congressional seats will be of interest, there are a few that are very interesting. In the 1st Congressional District, former Republican Congressman Steve Chabot is challenging first term Democrat Steve Driehaus. Despite a district that leans Republican, Driehaus rode the wave of Obama support to win the election in 2008. Business-friendly Chabot is expected to do well this time. In the 15th Congressional District, first-term Democrat Mary Jo Kilroy faces off against her opponent in 2008, Steve Stivers. This district, which formerly was decidedly conservative, has changed significantly with a majority of liberal voters seemingly entrenched. The race in 2008 was not decided until weeks after the election and the margin of victory was less than 1000 votes. The candidates are being supported with millions of dollars of contributions from outside of Ohio and it proves to be very close. Lastly in the 18th Congressional District, two-term incumbent Zack Space takes on former Ohio Representative Bob Gibbs from Holmes County. Although this district is considered leaning Republican, Rep. Space scored nearly 60% of the vote in 2008. If Gibbs is unable to knock-off Space in this year of opportunity for the Republican Party it is likely that he will be the 18th District Representative for a long time! 5. In the Ohio General Assembly, the focus will be upon the House elections where a four (4) seat swing would return the Republican Party to control of the House. Given the unrest created by economic decline in Ohio, the Republicans have been able to recruit some outstanding candidates and in several cases the Tea Party was helpful in this task. There are four districts where the Republican Index exceeds 50%, but the Democratic candidate won in 2008. Republican leaders are targeting these districts; 19, 28, 85, & 91. If you happen to reside in any of these districts, please consider your vote carefully. In the Senate, the Republicans have a 21-12 seat majority and little change is expected. Senator Tom Niehaus who has worked closely with the OMA & OCMA on important issues in the past is expected to become Senate President in 2011. ENVIRONMENTAL UPDATE
Vice President of the OCMA Environmental Affairs Committee, Ryan Burke, OSCO Industries, Inc., presented the environmental report. Key issues are outlined below: Foundry Sector Initiative 1. Instead of program specific rules (e.g. air regulations) USEPA is starting to compile information to develop a set of rules for the foundry industry. Process will be slow. Conrad Chin, USEPA-RTD from Area Source rulemaking is involved. Troublesome Activity in California 1. The Bay Area Quality Management District (BAQMD) and South Coast Air Quality Management District (SCAQMD) are developing a foundry specific rule to address PM, VOCs, and odor. The action is a result of citizen complaints directed at Pacific Steel and the now closed Gregg Industries. 2. There is considerable concern within the metal casting industry nationwide that parts or all of this set of rules may show up in the aforementioned USEPA foundry sector initiative. OCMA member Craig Schmeisser, Sage Environmental Consulting, L.C. and Jeet Radia, McWane, Inc. are participating in the rule development on behalf of AFS. Ozone NAAQS Proposed Modification of Standard 1. OCMA and AFS submitted specific comments on the proposed standard encouraging USEPA to maintain the present standard of 0.075 ppm and outlining the devastating impact a reduction to 0.060 - 0.070 ppm could have on the metal casting industry. 2. The final rule is expected to be released this summer. This will impact new foundry installations and or major modifications to foundry processes that emit VOCs.
Boiler MACT Hammer Update 1. The boiler MACT rule regulates HAP emissions from area and major sources. Members of the AFS 10-E Committee have worked together to submit comments. The Area Source Rule has no requirements for process heaters. Start-up, Shutdown, and Malfunction Rule Vacatur 1. The Start-up, Shutdown, & Malfunction (SSM) rule excused excess emissions during periods of (SSM). A lawsuit brought by various environmental groups resulted in a decision that vacated the rule. A number of manufacturing industries appealed the decision to the U. S. Supreme Court but the Court refused to hear the appeal. 2. Currently, the vacatur of the rule impacts “large” area source iron and steel foundries and “large” area source aluminum, copper, and ONF foundries after their compliance date for control equipment. 3. This action by the environmental groups will facilitate their efforts to bring litigation against the regulated community. PSD Title V Tailoring Rule 1. This rule integrates GHGs into the PSD and Title V air permitting programs. It should only affect very large foundries, new foundries, and foundries undergoing substantial modernization. Spill Prevention Control and Countermeasures (SPCC) Rule 1. This rule was promulgated in 2002. Deadline for compliance is November 10, 2010. Companies must amend or prepare and implement SPCC Plans if applicable.
Beneficial Reuse Update OCMA Secretary John Kurtz, Kurtz Bros., Inc., provided this report. Although there is no news forthcoming from Ohio EPA regarding new and improved beneficial reuse regulations, there is some good news in this arena. USEPA Region 5 Chicago has released a fact sheet entitled: “Interim Research Results Show Foundry Sand Safe for Reuse” in which the authors affirm the conclusions of the USDA Agricultural Research Service (ARS) risk assessment study that found that most foundry sands are actually as clean or cleaner than native soils and can be used for a variety of applications including manufactured soil, soil-less media, and roadway sub-base. A copy of the fact sheet is attached.
The next OCMA meeting will be held on Thursday, October 21st so please mark your calendar. With healthcare reform on everyone’s mind, we have asked John Wain, The Alpha Group, to help us decipher what the future may hold. Additionally, Robert Brown, Robert Brown LLC, will discuss the increase in I-9 audits by U. S. Immigration & Customs Enforcement (ICE) and how your company can prepare for these audits. Contact Russ Murray at 614-876-5100 for more information. Photos courtesy of Nick Cannell, FOPAT Productions The Changing of the Guard New Officers and Trustees of the OCMA Board elected at the Annual Meeting are as follows: Officers * President Joseph Cuske, Griffin Wheel Company Board of Trustees - Terms to expire in 2013 * Craig Schmeisser, Sage Environmental Consulting L. C. Also, the Board of Trustees appointed Tony Zalar, Babcock & Wilcox Company to fill the vacancy created by the promotion of Angela Dine Molaskey.
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