Mid-America Lumbermens Association

MLA LINE

Lumber Industry News Express

Mid-America Lumbermens Association

MLA LINE

Lumber Industry News Express

Vol. 4, No. 19 – September 12, 2005

 TRAINING WITHOUT TRAVEL TELECONFERENCES

 The dates for the following NLBMDA teleconferences have been set:

September 30, 2005 – How to Handle an OSHA Inspection
October 20, 2005 - Lockout/Tagout For Lumberyards
November 17, 2005 - Disaster Preparedness

 If you need a registration form for any of these events, please go to: http://www.dealer.org/html/education.html or contact MLA at 800-747-6529 to have a form faxed to you.

 9th Circuit Ruling 

SAN FRANCISCO—Harassing conduct directed at female employees may violate Title VII of the Civil Rights Act of 1964, even if there is no direct evidence the harassment was because of sex, says a federal appellate court. 

Three female employees at the National Education Association-Alaska in Anchorage said they were the targets of abusive behavior by Thomas Harvey, now the association’s executive director, according to the Sept. 2 decision by the 9th U.S. Circuit Court of Appeals in Christopher vs. National Education Association

“The record reveals numerous episodes of Harvey shouting in a loud and hostile manner at female employees,” said the decision. “The shouting was frequent, profane and often public,” said the three-judge panel’s unanimous opinion. 

“The main factual question is whether Harvey’s treatment of women differed sufficiently in quality and quantity from his treatment of men to support a claim of sex-based discrimination,” said the decision.  

The panel concluded that it does. “The record reveals at least a debatable question as to the objective differences in treatment of male and female employees, and strongly suggests that differences in subjective effects were very different for men and women,” said the opinion, which overturned a lower court’s decision.

 There is no evidence “that any male employee manifested anywhere near the same severity of reactions (e.g. crying, feeling panicked and physically threatened, avoiding contact with Harvey, avoiding submitting overtime hours for fear of angering Harvey, calling the police, and ultimately resigning) to Harvey’s conduct as many of the female employees have reported,” the decision said.

 We recently received a phone call from a female sales representative who works for a dealership client of ours - her complaint was very similar in which she alleged the treatment she was receiving may not affect a man the same way it affected her but she still felt she was a victim of a hostile environment because she did not believe any woman could work in the environment she was in.  She stated that the affect on the men was minimal, but the affect on the women (she was the only one) was devastating!  The 9th Circuit does not cover Texas (5th), [or any of MLA’s territory] however, we all need to be cognizant of what type of environment we are creating for our employees male and female alike. 

Source: Comply Solutions, McKinney, Texas, Sept. 7, 2005

 DISASTER PREPAREDNESS FOR BUSINESSES 

While no amount of disaster planning can prepare a business for the events of 9-11 or the recent hurricane that devastated the Gulf Coast, there are some steps you must take.

 OSHA standard rule 29 CFR 1910.38 provides that all employers must have a written emergency preparedness plan to protect employees from injury resulting from fires and other emergencies, with a primary emphasis on safe building evacuation. 

Being prepared means you have a plan of action, you know what to do before and during an emergency. 

  • Identify the natural and manmade risks in your community.
  • Identify company resources and employee skills such as medical or foreign language that might be needed in an emergency. Keep employee telephone numbers (office and home) current and set up an in-house communications plan.
  • Mark power, water, gas and other shut-off valves with fluorescent paint and signs so they are easy to find in a disaster.
  • Obtain a phantom box from the U.S. Postal Service so they can hold your mail for pickup in case of an emergency.
  • Contact your local emergency management office and first responders. Make sure your plans mesh with local response plans.
  • Network with local companies or industry associations so you don’t have to “reinvent the wheel.”

Business recovery plan: 

  • Plan should include relocation site with equipment, materials and supplies.
  • Prepare and distribute emergency supply kits throughout the company.
  • Keep backup data and records at an off-site location. Also keep a list of names, addresses and phone numbers of important customers and suppliers.
  • Consult insurance agent about natural disaster rider and business continuity insurance.
  • In dealing with the media, make sure employees refer questions to a designated spokesperson. Keep your employees informed!

 The U.S. Department of Homeland Security has developed a seven-page “Sample Emergency Plan.” You can find this at www.ready.gov or call MLA for a copy. 

Thanks to Kentucky Building Materials Association for this timely information.

 MEMBER NEWS 

Eldon Charles Metzger passed away Friday, July 29, 2005 at his home. He worked at Gridley Lumber Company, Gridley, Kansas, from 1964 until 1997, first working for his father-in-law Loren Strahm, then for the new owners, Kent Beyer and David Keen from 1992 to 1997 when he retired.  

He is survived by his wife, Dorene Kay Metzger of Gridley, a daughter, five sons, and 13 grandchildren. Services were held on Tuesday, August 2, 2005.

2005 NBMDA Annual Convention Moves to Baltimore 

September 2, 2005 (Chicago) – The North American Building Material Distribution Association (NBMDA) has announced the 2005 NBMDA Annual Convention & Tabletop Business Session has moved its location to the city of Baltimore on November 11-12. Originally scheduled for the same dates in New Orleans, the move is the result of the impact of Hurricane Katrina. 

“We are deeply saddened by the situation in the Gulf Coast,” says NBMDA President Andy Ellis. “We are highly sensitive to the loss of life and property in the area and the many lives that have been disrupted. In comparison, the disruption to our planned Annual Convention in New Orleans is minor. With all the other priorities on which the city must focus their resources, they will clearly not be in a position to host our event this November. Our thoughts and prayers are with the people of New Orleans during this time and we look forward to hosting an NBMDA event in their unique and exciting city in the future.”

 The change in venue to Baltimore allows NBMDA to hold its Annual Convention on the same dates without changing its schedule of events, educational programming or exhibit session.

 “We are extremely pleased to be in a position to announce a location change which features relatively minor disruption to our members so quickly after this week’s disaster,” says NBMDA’s Executive Vice President Kevin Gammonley. “We were expecting very strong attendance in New Orleans and feel we are now in a position to maintain the strength and quality of the event in Baltimore. The only thing that has changed is the location,” added Gammonley.

 For more information about NBMDA or the 2005 Annual Convention & Tabletop Business Session, visit www.nbmda.org.

 LUMBER NEWS – QUICK GLIMPSES 

WTO Rules in U.S./Canada Softwood Dispute; Trade War Still a Possibility… The World Trade Organization has ruled that the duties imposed on Canadian softwood lumber were and are legal. The announcement has made many in Canada reconsider retaliation measures, although leaders still plan to ask the courts to enforce the earlier NAFTA ruling. The U.S. is extremely pleased with the WTO ruling, and would like nothing more than to get back to the negotiating table with Canada.

 Source: LBM Daily, August 31, 2005 

Katrina’s Devastation is Far-Reaching… The cost of construction materials will go “through the roof,” local building officials said this week, as the rebuilding efforts gain footing in coming weeks in the communities devastated by Hurricane Katrina along the Gulf Coast of Louisiana, Mississippi and Alabama.  

In the aftermath of Katrina, the timber and construction industries are scrambling to help mitigate the tremendous damage caused by the hurricane. Companies such as Weyerhaeuser and Kimberly-Clark are forwarding much-needed aid and supplies to the devastated region.

Unfortunately, barge traffic on the mighty Mississippi may be backed for days, even weeks, slowing the progress of reconstruction.

 Source: LBM Daily, September 2, 2005

 Warm Weather Brings More Calls About Mold on Lumber… Concerns about mold on lumber are heating up as summer temperatures rise, based on the number of calls to Western Wood Products Association and activity on their web site.  Association product support and technical staff report an increase in phone inquiries about mold on lumber directly from the market, as well as from member companies dealing with their customers’ concerns.

 WWPA is the only Western lumber organization offering detailed information on mold and wood. Tens of thousands of copies of the Association’s Mold, Housing and Wood Publication have been distributed to the marketplace to ease concerns and answer customer questions.

 All WWPA information on mold and lumber can be reviewed and downloaded at no charge online at www.wwpa.org.

 Source: WRLA newsletter, “Timber Talks,” September 2005.

 Katrina’s Effects Felt Throughout the Forest Products Industry… In the aftermath of Hurricane Katrina, plywood costs have soared. In a new report released last week by the National Association of Home Builders, the study finds that the costs of plywood and oriented strand board have risen 15 percent, and show no signs of stopping. The rise in costs can be attributed to the rising cost of fuel and the demand from Hurricane Katrina. 

Lumber stocks have also risen, and companies such as BlueLinx Holdings Inc, which distributes plywood, and Deltic Timber Corp, which sells lumber in the south, saw double-digit gains in stock prices. Economists predict that Katrina will have a positive long-term effect on the U.S. housing industry. 

Source: LBM Daily, September 6, 2005

 U.S./Canada Softwood Dispute Back in the News… The U.S. is appealing the WTO’s most recent decision, holding the U.S. responsible for failing to comply with the global commerce body’s rulings in the lumber dispute with Canada.  

Meanwhile, the U.S. Ambassador to Canada David Wilkens has announced that he will sit down with British Columbia’s lumber officials to discuss the ongoing softwood negotiations.

 Source: LBM Daily, September 7, 2005

 More Fallout from Hurricane Katrina… After assessing the damage, the Mississippi Forestry Commission estimates the value of Hurricane Katrina-damaged timber at $1.3 billion in public and private holdings. According to the Grand Forks Herald, that estimate does not include the multiplier as timber is harvested and used in various manufacturing processes. That turnover is estimated at 12 times by the commission.

 Millers in New Zealand have made inquiries as to whether the U.S. would be interested in purchasing Australian lumber. The consensus, though, seems to be that it’s not worth the cost to ship.

 Source: LBM Daily, September 8, 2005 

DOT Changes Truckers’ Hours-of-Service Rules… Effective Oct. 1, 2005, new rules will take effect that lengthen the amount of time commercial drivers can operate trucks before they are required to take a break. A summary of the new rule provided by the Federal Motor Carrier Safety Administration (FMCSA) is available at the FMCSA’s web site: http://www.fmcsa.dot.gov/rules-regulations/topics/hos/hos-2005.htm.  

Source: NRLA Wired, the official electronic newsletter of the Northeastern Retail Lumber Association, September 2005.

 Lumber Prices Spike, Home Depot Freezes Gulf Region Prices… Hurricane-driven panic buying has driven up prices of 26 framing lumber and panel products. While this time of year is normally when building suppliers start to downsize inventory, consumers are rushing to buy OSB, plywood and other building products right now. Other factors, such as rising fuel prices are also impacting the rising lumber prices.  

However, buyers in Alabama, Mississippi and New Orleans can expect a temporary reprieve from the price hike. Home Depot announced that plywood and lumber prices would be frozen to pre-Hurricane Katrina levels. While Home Depot Stores’ Southern Region President Paul Raines did not say how long the price freeze would remain in affect, he did note that building supplies were in good supply in that region.  

Source: LBM Daily, September 9, 2005

 Housing Efforts Begin in Katrina’s Wake… Louisiana is looking toward reconstruction now that the flooding has abated. State officials expressed concern over the pace of FEMA’s efforts to provide temporary housing, revealing that as many as 58,000 storm refugees are in need of shelter.

 “We have a real concern right now with the assistance we’re getting from FEMA on temporary housing,” announced Jeff Smith, deputy director for emergency preparedness with the state Office of Homeland Security and Emergency Preparedness.  

Nonetheless, national building associations are stepping up to the plate to offer their services to the devastated region: The Associated Builders and Contractors (ABC) pledged to assist Katrina’s victims by donating money, supplies and labor in the Gulf Coast region.

 Source: LBM Daily, September 12, 2005

 21 WAYS TO SAY “WELL DONE”

 Sometimes, offering praise is harder than it should be. In a busy office, it’s easy to forget to compliment and voice your appreciation.

 But praise can really make a team member’s day. Here are some reminders of how easy it really is to say, “Thanks, well done”: 

1.      I’m proud you’re on my team.

2.      Congratulations on a terrific job.

3.      You’re so helpful. Thank you.

4.      You keep improving. Well done.

5.      Thanks so much for your consistent effort.

6.      I really admire your perseverance.

7.      Your mood always lifts the team’s spirit.

8.      You’re a champion.

9.      Wow, what an incredible accomplishment!

10.  Great effort. You make us all look good.

11.  I have great confidence in you.

12.  You’ve grasped the concept well.

13.  Your customer service skills are sensational.

14.  Your sales results are outstanding.

15.  You’re a valuable part of this team.

16.  Your efforts are really making a difference.

17.  You are a bonus.

18.  You continue to delight our customers

19.  You make the team’s vision come alive.

20.  Your accomplishments inspire the team.

21.  Customers are noticing the efforts you’re putting in.

 Source: Team Management Briefings, January 2005, as seen in “Timber Talks,” the newsletter for members of the Wisconsin Retail Lumber Association, September 2005.

 “Watson, come here.  I need you.”

 This article provided courtesy of Federated Mutual Insurance Company, your association’s recommended insurer  

In the first words spoken over a telephone line, Alexander Graham Bell called his assistant for help. Would Bell have been such a successful inventor without Watson?

Entrepreneurs are independent by nature, and while it may be admirable to go it alone, it makes sense to call upon others for help if it means greater success. In today’s fast-paced business environment, it is often preferable to hire outside assistance for routine tasks or to consult with experts on complex issues. Business owners may hire cleaning services or lawn services to maintain their facilities and they likely have accountants and attorneys to help with finances and legal advice.

 Successful leaders surround themselves with competent people and seek outside help when additional resources are needed to solve problems. There are plenty of resources to meet almost any need, whether financial, managerial, engineering, marketing, etc. In fact, it can be overwhelming to find exactly what you need or the right expert to address a specific concern. Many common business problems involve risk management issues, especially those related to employment and compliance with governmental regulations. So, how do you know when to ask for risk management assistance and where to find it? 

 The first step is to use internal resources to identify and solve the problem if appropriate. Conduct a loss analysis of your business. What types of claims happen most frequently and which types are most costly, both in dollars and in “hidden” costs such as lost production? If employees are experiencing frequent injuries, perhaps more training on safe operation of particular equipment will solve the problem. If auto claims caused by driver distractions are increasing, you may want to reinforce your driving policy or prohibit cell phone use while driving if that is the main cause. Using safety posters as reminders for customers and employees might help prevent slips and falls. Also, ask your insurer which types of claims occur most frequently and are most costly for your industry so you can take steps to prevent them before they happen at your business.

   If internal controls aren’t enough, the second step is to find other resources. The Internet is an excellent starting point. Use your trade association web site and other industry sites for information on available resources and to direct you to recommended vendors and service providers. Your association has already done the legwork to evaluate these products and services. Your insurance company may also provide risk management materials and programs that can help you establish or improve your safety procedures. For example, Federated Insurance developed a packet of information to help its policyholders set up proper procedures to check driving records of prospective employees before hiring. They also have a toll free phone line (1-800-838-1760) that their insured clients may call to order materials or to get direction on risk management questions.   

Finally, some risk management matters require professional assistance. Business owners certainly need attorneys and tax advisors to help with business and estate planning. They may also need to call on insurance professionals or hire risk management consultants to help provide solutions for complex risks. It is also advisable to hire a service to conduct thorough background checks on prospective employees. Federated Insurance receives more questions related to employment issues than any other subject. Some clients are referred to the AGOS Network, which provides legal advice and answers to a broad spectrum of employment issues. Other common questions include requests for OSHA forms and posters; advice on compliance issues; HAZMAT transportation; building fire safety; and a broad range of other questions. A few web sites are listed below that may help you locate information. Insurers and your association can direct you to reliable resources. Networking with other association members and business people in your community can also help you find the right people to assist you.

 National Safety Council - http://www.nsc.org

OSHA – www.osha.gov (See “Consultation” under “Compliance Assistance.”)

Environmental Protection Agency - http://www.epa.gov

U. S. Department of Labor - http://www.dol.gov/

National Insurance Crime Bureau - http://www.nicb.org

Human Resources - http://www.hr-guide.com/

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THOUGHT FOR THE DAY 

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MLA Staff

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The opinions, views, and interpretations expressed in this publication do not constitute legal advice.  Questions and concerns regarding your company’s compliance with Federal or State regulations should be directed to the appropriate Federal or State agency.