In a rare move, an OSHA rule is repealed
The National Lumber and Building Material Dealers Association applauded the repeal of a five-year look-back for recordkeeping violations.
The association shared the following background in a recent alert to members:
On April 3, President Donald Trump signed a congressional resolution repealing an Occupational Safety and Health Administration (OSHA) rule that extended the statute of limitations from six months to five years regarding the length of time the agency could issue a citation for an employer's failure to record an injury or illness. NLBMDA worked with its industry partners, including the National Association of Manufacturers, to roll back the requirement.
The Obama Administration had claimed that OSHA's "Volks Rule", which took effect on Jan. 18, 2017, two days before Donald Trump was sworn-in as President, clarified an employer's continuing obligation to record employee injuries and illnesses. On March 1, under the authority of the Congressional Review Act (CRA), the House of Representatives approved a resolution (H.J. Res 83) repealing the "Volks Rule" in a vote largely along Party lines. The Senate followed suit on March 22 in approving the resolution, setting the stage for the President to sign the resolution.
Under the CRA, Congress has 60 legislative days to overrule a regulation. The resolution must be approved by the House and Senate and then signed by President Trump before the regulation can be repealed. This instance represents only the second time in history that an OSHA rule has been repealed under the CRA.
OSHA moved forward with the "Volks Rule" last year despite the 2012 D.C. Circuit Court decision in AKM LLC d/b/a Volks Constructors v. Secretary of Labor, that held that the agency could not issue citations against an employer for alleged recordkeeping violations that occurred more than six months ago.
"Worker safety is top priority to NLBMDA members, but a balanced approach is needed for OSHA enforcement," said NLBMDA President and CEO Jonathan Paine. "This is a victory for NLBMDA and its members and we will continue to work to reduce the regulatory burden on small businesses."
84 Lumber’s high-tech new hire
Anticipating growth in a transforming industry, 84 Lumber appointed industry veteran Paul Yater as chief information officer.
Yater, who is based out of 84 Lumber’s headquarters in Eighty Four, Pa., is responsible for advancing 84 Lumber’s technology infrastructure. He is tasked with optimizing the company’s network to support 84 Lumber’s planned growth and expansion. As CIO, Yater will be accountable for all facets of 84 Lumber’s information technology operations while also serving as a key member of the company’s executive leadership team.
“The evolution of technology in the building materials industry is reshaping how we do business,” said 84 Lumber president and owner Maggie Hardy Magerko. “Paul’s vast experience with global organizations will allow us to redesign our digital and technology offerings to operate at an even higher level.”
Yater most recently served as senior vice president and chief information officer at GNC. His prior experience spans nearly 25 years and includes roles such as vice president of application development at Dick’s Sporting Goods, business systems manager at Heinz and consultant at IBM. He is a graduate of the Joseph M. Katz School of Business, where he earned his MBA in strategy and information systems, and earned his undergraduate degree from Dickinson College.
Yater’s hiring comes on the heels of Mike McCrobie's appointment to chief procurement officer.
BMC expands in two markets
BMC Stock Holdings acquired substantially all of the assets and assumed certain liabilities of Texas Plywood & Lumber Company, Inc. and Code Plus Components, LLC.
Through these acquisitions, BMC says it enhances its value-added offerings and footprint in the Dallas/Fort Worth and Washington, D.C. markets, respectively.
“We are very pleased to expand our product offerings and capabilities in both the Dallas/Fort Worth and Washington, D.C. areas with the acquisitions of TexPly and Code Plus,” said Peter Alexander, president and CEO of BMC. “Each of these transactions is in line with our strategy to pursue accretive acquisition opportunities that are easily integrated and enable BMC to expand strategically in select markets. Millwork, doors and truss manufacturing are all key components of providing whole-house and value-added solutions to our customers. By moving more of the construction and assembly process to our manufacturing facilities, our customers can continue to thrive, despite a tight labor market, while also saving both time and money.”
TexPly was founded in 1953 and is led by Geoff Yates who will remain with BMC. With over 185,000 square feet of assembly and warehouse space, TexPly is a leading supplier of production millwork and doors for single-family and multi-family residential construction in the greater Dallas/Fort Worth metropolitan area and offers brands including Masonite, Simpson Mastermark, ThermaTru and Woodmine. In 2016, TexPly generated net sales of approximately $55.2 million.
Code Plus was founded in 1999 and is led by Norm Casagrande, Tim Matz and Rob Arensberg, all of whom will remain with BMC. Code Plus operates from a 10-acre site in Martinsburg, West Virginia, and serves a variety of residential homebuilders throughout Maryland, Virginia, the District of Columbia, West Virginia and Pennsylvania. In 2016, Code Plus generated net sales of approximately $14.2 million, primarily from the sale of roof and floor trusses and engineered wood products.
In 2016, Atlanta-based BMC recorded net sales of $3.1 billion. The company serves 42 metro areas in 17 states, predominantly in the South and West regions.