If the thought of negotiating a contract is intimidating, ATSSA’s free webinar on Nov. 8 can relieve that anxiety and provide tools to empower you.

“Leveling The Playing Field for Contractual Liability” will include a panel discussion and time for questions. Register now for the 1-hour webinar starting at 2 p.m. ET.

ATSSA members have either been unaware of or lacked confidence in their ability to negotiate changes to a contract. This has placed ATSSA members in a tenuous position, risking the solvency of their businesses and leading to significant increases in insurance costs.

The webinar panel includes perspectives from an attorney, an ATSSA contractor, an insurance expert, a risk manager and someone experienced in indemnification and waivers.

Subcontractors may be unaware they can review and negotiate subcontracts before signing them.

Negotiating can be as simple as "red lining" words to delete from the document or adding words or sentences.

Two important items that should be thoroughly reviewed before signing any subcontract agreement are the “scope of work” and “indemnification” clauses. The scope of work should be clearly defined and is usually one of the first paragraphs of the subcontract. 

Indemnity is a contractual obligation of one party to compensate for the loss incurred by another party due to the acts of a third party or one's own actions.

At the most recent ATSSA Instructors’ Meeting in Providence, R.I., a question was asked about the proper orientation of the front wheels of a truck-mounted attenuator (TMA), a key issue for roadway safety.

TMAs are trucks equipped with energy-absorbing attenuators, to provide physical protection for roadway workers from traffic approaching from the rear.

A common myth is that the wheels should be angled to prevent the TMA from being pushed into workers in case of an impact. This is not the preferred method and not what ATSSA teaches.

Instead, the preferred method is to point the wheels straight ahead (not turned left or right) and allow for the TMA’s roll-ahead distance.

Avoiding workplace injuries isn’t just good for your team, it’s good for the bottom line. But how do you get everyone—at every level—enthused and attentive to the task?

Join ATSSA’s free webinar on “Creating a Safety Culture” on Sept. 13 to gain insights for implementing a culture shift. Speaker Alex Kelly, CEO of SALT and Company, will discuss how to blend industry best practices and behavioral psychology to support behavior change. Prior to starting SALT, Kelly directed Canada’s first Vision Zero Advocate Institute, which is dedicated to supporting municipalities and businesses in the adoption of evidence-based road safety programming.

Registration is now open for this safety culture strategy session.

This is the fourth of five Worker Safety Webinars hosted by ATSSA’s Training Department and the Roadway Worker Protection Council.

The overreaching contractual obligation to assume responsibility for another party beyond the extent of your own negligence or willful misconduct is unreasonable and a clear and present danger to the roadway safety infrastructure industry.  

Michael Capell of Brown & Brown recently listened while an ATSSA member shared an experience, recounting the unsettling details of a lawsuit that altogether changed his approach to every project.  For this member, had it not been for a negotiated settlement in exchange for a full release, a jury award would have easily exceeded the company’s available limits of liability insurance and forced a sell-off of corporate assets. The hard-to-swallow reality of the matter was that his involvement was simply a consequence of a far-reaching contractual obligation. 

The business survived, with the experience serving as an endless reminder to never again roll over for blanket contractual risk shifting. This member now fires back, many times successfully negotiating a narrowed responsibility that is fairly and appropriately aligned with his company’s presence on a project, something previously thought unachievable.

These circumstances are all too familiar and place high priority for the continued drive for awareness and education of the issues, contract review protocols and a push for legislative changes.

A new group of ATSSA members and volunteers has formed to assist members and will be presenting a webinar on Nov. 8 and a panel at the 2023 Convention & Traffic Expo in Phoenix.