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Become familiar with ‘scope of work’ and indemnity in contract agreements

Understanding those terms can limit liability

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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.

Truck-mounted attenuators: Preferred wheel direction for optimum safety

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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.

‘Creating a Safety Culture’ webinar set for Sept. 13

Gain tips for getting everyone on board with workplace safety

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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.

Limit your risk in contracts with help from new ATSSA group

Register now for Nov. 8 webinar on ‘Leveling the playing field’

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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.

Midyear Meeting starts Tuesday in Rhode Island

General session will address ongoing supply chain challenges

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ATSSA’s Midyear Meeting kicks off on Tuesday, launching the annual collaboration of industry insiders gathered to address the latest innovations and challenges in the roadway safety infrastructure industry.

This year’s event takes place in Providence, R.I., where Wednesday’s agenda includes a panel discussion on workforce, materials and supply chain issues.

“Construction and transportation industry challenges – potholes on the industry highway” will be moderated by ATSSA Vice President of Engagement Nate Smith. Panelists include Kate Fox Wood, senior director of government relations with the Association of Equipment Manufacturers, Jonathan Starks of FTR, who is a longtime member of the freight industry, and Sterling Wiggins with the U.S. Chamber of Commerce. The 1-hour session starts at 8:30 a.m. Wednesday and will focus on the state of affairs across the construction and transportation industries and what the path forward may look like.

ATSSA supports Bhatt’s nomination for FHWA administrator

Statement notes history of expertise and passion for transportation safety

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On behalf of ATSSA,  President & CEO Stacy Tetschner sent a letter to Chair Tom Carper and Ranking Member Shelley Capito of the Senate Committee on Environment & Public Works strongly supporting the presidential nomination of the Honorable Shailen Bhatt to serve as Administrator of the Federal Highway Administration (FHWA).
 
“Mr. Bhatt has demonstrated a long history of expertise, passion and dedication to the transportation safety community. He has highlighted these qualities throughout his career in the transportation sector, and we are excited by his nomination,” Tetschner stated in his letter. “Mr. Bhatt’s commitment to the safety of the traveling public is unquestionable, and he will be a dynamic leader of the FHWA as they continue their work on advancing roadway safety.”

 

Senate passes Inflation Reduction Act; House could vote this week

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The U.S. Senate passed the Inflation Reduction Act over the weekend, a sprawling bill centered around health care provisions, corporate tax increases and climate provisions, sending the bill to the House, which is expected to approve the legislation later this week.

Within the 775-page bill, ATSSA members will also see a nearly $1.9 billion competitive grant program aimed  at improving walkability, safety and increasing affordable transportation options. 

ATSSA will continue to follow the legislation and provide updates as it moves through Congress.

Final rule for pavement marking retroreflectivity published

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The Federal Highway Administration (FHWA) posted the final rule regarding pavement marking retroreflectivity in today’s Federal Register.

The posting states: “The purpose of this final rule is to update the Manual on Uniform Traffic Control Devices (MUTCD) to provide standards, guidance, options, and supporting information relating to maintaining minimum levels of retroreflectivity for pavement markings. The MUTCD is incorporated in FHWA regulations and recognized as the national standard for traffic control devices used on all streets, highways, bikeways, and private roads open to public travel.”

The rule notes that it is effective on Sept. 6.

Summer issue of Roadway Safety explores supply chain challenges, innovations

NWZAW member photos and the Memorial’s 20th anniversary also featured

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The Summer issue of Roadway Safety magazine is now online and focuses on work zone awareness efforts nationwide.

From the national event in Virginia to member photos from across the country to expert insights into planning a National Work Zone Awareness Week (NWZAW) event, the magazine addresses this key industry safety effort.

Plus, this issue celebrates the 20th anniversary of the National Work Zone Memorial, offers insights about supply chain challenges, and delves into the pitfalls of gas tax suspensions.

Check out three tools to help protect roadway workers on the job and much more in the Summer issue of Roadway Safety magazine, the flagship publication of the American Traffic Safety Services Association.

Apply now for public agency scholarships for 2023 Convention & Traffic Expo

Officials with city, county, state and federal transportation agencies encouraged to apply

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ATSSA’s Public Agency and Marty Weed Engineering scholarships offer department of transportation (DOT) officials the opportunity to participate in the largest gathering of roadway safety infrastructure officials in North America.

There they can see the latest innovations in roadway safety, interact with companies that produce them and engage with industry experts on everything from pavement marking and traffic control to technology designed to protect roadway workers and interact with connected and automated vehicles.

ATSSA’s 53rd Annual Convention & Traffic Expo takes place in Phoenix, Feb. 17-21 and will include the New Products Rollout, Innovation Awards that go to the top products as judged by DOT officials, and the ever-popular Circle of Innovation where transportation officials from across the country and around the globe hear about the latest topics.

Scholarship applications are due by Sept. 19. Applicants will be notified by Oct. 12.

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