Convention Recap: Ethics In Construction

Trent Cotney, Cotney Construction Law, LLP

FRSA’s annual Convention and Expo is like a family reunion for me. This was my 17th, my wife’s 10th and my son’s 5th Expo. My family, employees and I all enjoy spending time with our friends in the industry and discussing a variety of topics during the educational session.

Tray Batcher and I spoke on ethics in construction and that topic resonates with me personally. As an association of roofing professionals, FRSA raises the bar for roofing in Florida. Part of the seminar discussed the importance of associations and the need to regulate our own. Let’s face it – it is difficult to be a roofer in Florida. Not only is there fierce competition, but you also have various government regulations to navigate on a daily basis, including licensing, workers' compensation, wage and hour, OSHA and environmental regulations.

I have always been a big believer in self-regulation so that we are not constrained by regulations often made by those that have never stepped foot on a roof. With that in mind, I think we should continue to focus on curtailing unlicensed activity through enforcement and education. When I drive around on the weekends and see a crew on a roof with no fall protection, it is almost a certainty that it is an unlicensed company or crew doing the roof. We need to make sure that our local and state governments feel as passionate as we do about eliminating the unlicensed work that gives roofing a bad name.

Several years ago, I wrote an article about moving toward a state-sponsored OSHA plan. Even under the current administration, OSHA continues to operate business as usual. I believe that if we converted to a state-sponsored plan we could focus more on safety and ensuring that our workers are properly trained while having some accountability for the program. All responsible roofing contractors want their employees to go home safe every night. Therefore, a state-sponsored program that mirrors private efforts to instill a culture of safety would be beneficial to the industry.

I believe all roofing contractors want an even playing field. If one contractor has to abide by OSHA regulations, pay for general liability and workers’ compensation premiums and be licensed, then all contractors should do the same. This is especially true for out-of-state roofing contractors. Continued enforcement and education of our regulations is paramount especially during storm season.

Finally, one topic we discussed extensively was employee training and the labor shortage. FRSA offers a variety of training programs at convention and throughout the year including foremen, OSHA 10 and other safety training. NRCA’s new ProCertification program creates the equivalent of specialists in employees in the various types of roofing, like shingle or TPO installation. Anything that we can do as an industry to build credibility and empower employers and employees will help elevate the roofing industry as whole. For instance, FRSA’s Young Professionals Council and the Florida chapters of National Women in Roofing are working hard to introduce roofing to prospective employees that had previously not considered it as a profession.

As we move toward the end of 2019, I ask that you continue to feel passionate about the industry and fight for professionalism. Let’s keep the discussion going throughout the year and not just at the Expo!

FRM

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Cotney Construction Law is an advocate for the roofing industry, General Counsel of FRSA, NWIR, TARC, TRI, RT3, NSA, WSRCA, and several other local roofing associations. For more information, contact the author at 866-303-5868 or go to www.cotneycl.com.