Category Archives: Global

New National Emphasis Program

OSHA issued a National Emphasis Program (NEP) on fall protection, effective May 1, 2023. In the 90 days after May 1, and prior to implementation, OSHA area offices were to draft compliance information to give employers during or following an inspection being made under the NEP. The NEP gives OSHA Compliance Officers authority to enter and inspect
any site/location where they observe any employee working more than 6 feet above the level below them, even if the employee is in compliance with fall protection rules.
Once a Compliance Officer has access to the site, however, they may cite the employer
for any OSHA violations observed.

Instance by Instance Citations

On March 27, 2023, OSHA began applying a new policy for inspections, known as
the “Instance by Instance” citation procedure. Under this procedure, OSHA Compliance
Officers have authority to issue multiple citations on any inspection site where they observe employers are repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements. Following a catastrophic injury—i.e., one involving hospitalization for treatment of at least one employee, a fatality, the loss of an eye, or the amputation of any extremity—if a Compliance Officer is inspecting a site and they find that employees have been exposed to life-threatening hazards, they may issue individual citations for each employee exposed to the hazard(s). Life-threatening hazards include fall protection hazards, ladder safety hazards, excavation hazards, machine guarding hazards, lockout tag-out hazards, etc. An instance-by-instance set of citations also may be issued if a Compliance Officer observes employees exposed to such hazards and determines that the employer had received a willful, repeat, or failure to abate
violation for any OSHA violation during the preceding 5 years; or the employer had at any time failed to report a fatality, in-patient hospitalization, amputation, or loss of an eye
pursuant to the requirements of 29 CFR 1904.39.

In Other News…

Additional developments include the following.

  • OSHA is examining expanding current enforcement of combustible dust hazards to the manufacture of trusses and the secondary cutting or sawing of precut lumber.
  • A recent decision by the U.S. Supreme Court in the Glacier Northwest, Inc. v. International Brotherhood of Teamsters found the Teamsters liable for damages caused to the employer while members of the bargaining unit were striking. The pro-management decision has been decried by organized labor because it removes one of the strategies used to push employers into agreeing to terms to settle strikes.
  • The Department of Labor has joined with the Federal Trade Commission in efforts to prohibit noncompete agreements or such clauses in contracts/ hiring documents. Counsel is not aware of a final rule being issued.
  • The Equal Employment Opportunity Commission held hearings on the application of artificial intelligence in employment decision-making by company management.
  • A recent National Labor Relations Board (NLRB) decision revises the framework for determining independent contractor status under the National Labor Relations Act, overruling a 2019 decision that emphasized entrepreneurial opportunity as a key factor when evaluating a worker’s independence to pursue economic gain. The NLRB returned to a traditional, common-law test that requires consideration of several factors, not placing greater weight on any one factor. The independent business analysis considers whether the worker has a significant entrepreneurial opportunity, has a realistic ability to work for other companies, has proprietary or ownership interest in their work, and has control over important business decisions such as the scheduling of the contractor’s performance; hiring, selection, and assignment of employees; purchase and use of equipment; and commitment of capital.

NIA provides the information in this article as an educational resource to promote a safer industry. While the information provided is based on the NIA’s and the author’s best judgment and the best information available at the time the article was prepared, NIA encourages all readers to consult with their safety experts and legal counsel for their unique business circumstances or when making changes to their safety programs.


DOL Announces Proposed Changes to Clarify Regulations on Authorized Employee Representation during Workplace Inspections

Seeks public, stakeholder comments on proposed changes

The U.S. DOL recently announced a notice of proposed rulemaking to revise regulations regarding who can be authorized by employees to act as their representative to accompany the department’s OSHA compliance officers during physical workplace inspections.
Specifically, the proposed rule clarifies that employees may authorize an employee, or they may authorize a non-employee third party if the compliance officer determines the third party is reasonably necessary to conduct an effective and thorough inspection.
The proposed changes also clarify that third-party representatives are not limited to industrial hygienists or safety engineers, two examples included in the existing regulation. Third-party representatives may be reasonably necessary because they have skills, knowledge or experience that may help inform the compliance officer’s inspection. This information may include experience with particular hazards, workplace conditions or language skills that can improve communications between OSHA representatives and workers.
In addition to the proposed revisions, OSHA is also seeking public comment by Oct. 30, 2023, on the criteria and degree of deference OSHA should give to employees’ choice of representative in determining whether a third party can participate in an inspection.
The OSH Act gives the employer and employees the right to have a representative authorized by them accompany OSHA officials during a workplace inspection to aid the investigation. Employee participation and representation is critical to an inspector’s ability to complete a thorough and effective workplace investigation and helps OSHA gather information about the job site’s conditions and hazards.
The proposed revisions do not change existing regulations that give OSHA compliance officers the authority to determine if an individual is authorized by employees and to prevent someone from participating in the walkaround inspection if their conduct interferes with a fair and orderly inspection, or to limit participation to protect employer trade secrets.
Submit comments at Regulations.gov, the federal eRulemaking portal by Oct. 30, 2023. Include Docket Number OSHA-2023-0008 on all submissions. Read the full Federal Register notice at https://tinyurl.com/2p9h2y95.

 

SPI
SPI-CO.com

Experts agree that designing an insulation system for proper moisture management is an effective tactic in the fight against CUI.

For several years, “compartmentalization” has been adopted as a best practice in CUI mitigation when designing above-grade industrial piping systems. Several industrial asset owners have employed this strategy, which involves installing materials that are impermeable to water at predetermined intervals (e.g., every 6m) or locations like low points, etc. This creates “compartments” along the length of the pipe, preventing the lateral movement of moisture and thereby limiting the extent of CUI damage and thermal losses due to moisture ingress when it does occur. This also may be an effective strategy to help contain process leaks.

The products used to create these moisture barriers are commonly known as termination
gaskets or moisture stops. There are products available in the market today that work well for this application.

Owens Corning Foamglas®

Foamglas cellular glass insulation has more than 60 years of proven stable performance and is approved in owner specifications.

The unique characteristics of Foamglas make it an effective product for creating compartments in pipe insulation systems:

  • Its 0.00 perm rating means it is completely impermeable to water and water vapor;
  • A wide service temperature range of -450⁰F to 900⁰F (-268⁰C to 482⁰C) means it can be used in a wide range of process temperatures;
  • Widespread availability makes it a cost-effective, North America-produced option, with typically low lead times; and
  • It is inflammable and commonly used as a material in passive fire protection insulation systems.

When used on horizontal pipe runs, a 6”-long piece of Foamglas (with matching ID and ODs) sealed with Owens Corning LV RTV sealant provides the desired results and contains moisture ingress within the compartment.

Integrity Products—Termination Gasket

Integrity Products Termination Gasket was designed to compartmentalize piping systems and create watertight terminations using solid-state silicone.

• The product has a service temperature range of -120⁰F to 480⁰F (-84⁰C to 250⁰C);
• The product is malleable to allow easy installation; and
• It is self-extinguishing, non-melting, and halogen-free.

Integrity Products—Termination Seal

Integrity Products Termination Seals are an effective and long-lasting solution to replace traditional metal end caps. They are made from silicone rubber and designed to form a watertight seal for metal end caps at insulation terminations. These seals offer an easy seal solution between the process pipe and the end cap, which is a high-risk area for moisture ingress. To accommodate all pipe diameters, this product is supplied in 100’ coils and is easily cut to suit the circumference of the pipe.

The Exit Strategy

While a compartmentalization approach can be an effective way to manage water ingress, moisture will be trapped in the compartments, and thus it needs a way to exit the system efficiently. Wherever compartments are created, a drain plug or weep hole must be installed within the compartment for the purposes of drainage. The moisture must be allowed to escape the system properly.

Conclusion

Compartmentalization is just one of several strategies that should be considered when designing an insulation system where water ingress and CUI are primary concerns. For more information on CUI products, strategies, and mechanical insulation, please contact your local SPI Account Manager; and visit us at SPI-CO.com.

ROCKWOOL Technical Insulation
rti.rockwool.com

Stone (mineral) wool insulation can make a difference for both safety and performance in high-temperature piping and equipment. Superior solutions work as a physical barrier between the threats posing a risk to facility infrastructure.

Water

Recent advancements have greatly improved stone wool insulation in terms of safety, reliability, and economics—by impeding water ingress to mitigate corrosion under insulation (CUI) and providing 2 hours of passive fire protection.

Staying ahead of water is a critical challenge for all industrial plants. Water intrusion can occur under every type of insulation system, and if not dealt with in the design phase, managing CUI becomes even more dangerous and costly. Insulation materials are an important system component that must be optimized to help mitigate CUI.

ROCKWOOL® Technical Insulation (ROCKWOOL) developed an innovative solution to help combat this common industry problem: ProRox® with WR-Tech™ (Water Repellency Technology). WR‑Tech is an advanced technology based on a unique binder that repels water. It is a hydrophobic, inorganic, resin-based additive that coats each individual fiber of the insulation during production.

WR-Tech is an award-winning technology, as a distinguished recipient of the Materials Performance Corrosion Innovation of the Year Award, recognized by corrosion experts as a proven technology that is an outstanding solution for CUI mitigation potential.

To continuously improve the performance of insulation materials, ROCKWOOL recently expanded WR-Tech into our ProRox MA 960 mat/blanket. WR‑Tech was first successfully launched in mandrel-wound pipe sections, where it quickly demonstrated reliable, long-term CUI protection. ProRox MA 960 with WR-Tech is suitable for applications such as large-diameter piping/equipment and where additional flexibility is required.

ProRox with WR-Tech is a durable choice to keep plants dry—now, and in the long run.

Fire

In addition to water, fire also poses a significant risk to industrial facilities that contain or process hydrocarbons, such as refineries or petrochemical plants. Hydrocarbon fires are known as high-intensity fires that are very hazardous due to their rapid rise in flame temperature. Typically reaching peak temperature in under 5 minutes, they allow little time to react and have a greater potential for damage to people, equipment, and the surrounding environment. Therefore, passive fire protection (PFP) is essential for process safety, and critical to piping equipment integrity, impeding the flow of heat and/or spread of fire.

ROCKWOOL is excited to announce the launch of our NEW solution for PFP against hydrocarbon pool fires: ProRox PS 680 with FR-Tech™ (Fire Resistant Technology).

FR-Tech incorporates an innovative fiber structure and chemistry to ensure mechanical and chemical stability during a fire. FR-Tech is a demonstrated, safe solution. In addition to stone wool being naturally fire resilient and non-combustible, ProRox PS 680 with FR-Tech has been tested and evaluated to the industry-standard UL 1709 fire curve, providing 2 hours of PFP.

Importantly, PS 680 with FR-Tech also includes WR-Tech, creating a dual-solution that is “The Difference Between”—the difference between elemental threats that pose a risk and proven protection.

For further information, please visit rti.rockwool.com.

Johns Manville
www.jm.com

Industrial insulation systems, typically meant to last 20 years or longer, can be very difficult to maintain while simultaneously ensuring quality service. Part of the maintenance process regarding insulation systems is focused on the prevention and treatment of corrosion under insulation (CUI). CUI is any corrosion that occurs due to moisture buildup on insulated pipes and equipment beneath the insulation or the protective metal jacket over the insulation. Prevention is the best method to combat CUI because once it occurs, it is costly and time consuming to fix. Preventative methods for CUI can include the use of products ingrained with corrosion-inhibiting chemistry and/or providing a pathway for water that may enter an insulation system to rapidly escape.

While some environments, such as areas with high humidity or rainfall, may be more prone to the occurrence of CUI, there are actually four specific factors that must be present for CUI to start. These factors are water, oxygen, a corrosive chemistry (low pH), and a suitable temperature. All four of these factors must be present for CUI to occur in any industrial insulation system. Accordingly, specifiers of industrial insulation systems should utilize materials that can help eliminate the presence of one or more of the four required factors necessary for CUI to occur.

Certain factors within the CUI “formula” are easier to prevent within an industrial insulation system than others. For example, eliminating the presence of oxygen is simply impossible, as it is present in the atmosphere. Similarly, temperatures cannot typically be adjusted because they are defined by process requirements. Corrosive chemicals in an indoor system (such as a commercial building) can be easier to account for than in an externally located system, but many naturally occurring weather events—such as acid rain—are, again, impossible to prevent. This leaves us with the last remaining factor in the CUI formula: water.

Many industrial insulation products have features to prevent water from migrating through the insulation to the metal substrate beneath. It should be noted that while the presence of water might be the easiest factor we can control in the prevention of CUI, the odds of fully preventing water ingress into an industrial insulation system are still zero. Since most experts agree that water will eventually enter any insulation system, it makes sense to focus on how to remove the water as quickly and thoroughly as possible. If the amount of time that water is present in the insulated system can be reduced, the chances of CUI occurring are dramatically reduced.


Once moisture does enter an insulation system, it will travel from the exterior jacketing through the insulation underneath to the metal pipe or equipment, where CUI will then occur. If the pipe system in question is hot enough, the heat will evaporate the moisture and drive the resulting steam away from the pipe, back through the insulation to the inside of the exterior jacketing. Because the temperature of the outer portion of the insulation and jacket will be well below the dew point, the steam will recondense on the surface of the insulation/jacket. This process is then repeated until the insulation in the system is rendered waterlogged and inefficient.

Learn more, view a video, or request a sample by scanning this code:


While many insulation system designers and specifiers recognize the importance of water egress from an industrial insulated pipe system, insulation products themselves often do not create pathways for water to escape. Once moisture does enter an insulation system, it will travel from the exterior jacketing through the insulation underneath to the metal pipe or equipment, where CUI will then occur. If the pipe system in question is hot enough, the heat will evaporate the moisture and drive the resulting steam away from the pipe, back through the insulation to the inside of the exterior jacketing. Because the temperature of the outer portion of the insulation and jacket will be well below the dew point, the steam will recondense on the surface of the insulation/jacket. This process is then repeated until the insulation in the system is rendered waterlogged and inefficient.

To help combat this issue, Johns Manville (JM) recently introduced a new metal jacketing product, Cross-Flo™, designed specifically to help mitigate the occurrence of CUI in industrial insulation systems. When used in conjunction with weep holes positioned at the low points of the system, Cross-Flo’s patent-pending embossed design creates a pathway for water to quickly flow between the jacketing and insulation to exit through the weep holes. As compared to typical stucco embossed and smooth metal jacketing like that offered by JM, Cross-Flo’s pattern allows water to exit the system quickly and completely, and the Cross-Flo pattern allows water to effectively drain in any orientation (horizontal, vertical, etc.). This is not the case for cross-crimped jacketing, another metal jacketing option offered by JM, which is only effective at aiding in water egress when installed vertically. When installed horizontally, water will instead pool in the cross-crimped jacketing patterning, trapping more water between the jacketing and insulation beneath it.

The best CUI prevention strategy should take advantage of all the tools available to help reduce the risk for it to occur. In addition to using Cross-Flo metal jacketing in industrial insulated pipe systems, further steps can be taken to address the possibility of CUI. Many pipe insulations are now produced with corrosion-inhibiting chemistry, which acts as a secondary mitigation method if water does penetrate past metal jacketing in a system. When exposed to the water that entered the system, this chemistry works by neutralizing the corrosive (acidic) level of water and forming a protective silica passivation layer on the surface of the metal, thereby slowing down the rate at which the metal in the system corrodes. When specifying insulation with corrosion-inhibiting chemistry in combination with metal jacketing such as Cross-Flo, designers and specifiers can provide multiple levels of protection against CUI. This, in turn, should significantly reduce the high costs of repairing/replacing corroded pipes and equipment, and prevent unplanned downtime. Together, these practices can help extend the integrity and lifespan of an industrial pipe insulation system.

Aspen Aerogels
www.aerogel.com

Pyrogel® and Cryogel® flexible blanket insulation solutions have transformed the way refining, petrochemical, and liquefied natural gas (LNG) facilities think about insulation. These insulation solutions deliver exceptional thermal performance to both optimize process yields and protect critical process assets. The patented hydrophobic design drastically minimizes water uptake to maximize defense against the costly and damaging effects of corrosion under insulation (CUI).

Water is the enemy of industrial insulation. Unfortunately, rainfall, humidity, and exposure to ocean air are unavoidable for most refining, petrochemical, and LNG facilities. The risk of CUI increases with the amount of time an asset is in contact with moisture. By keeping assets drier longer, Pyrogel and Cryogel insulation reduce exposure to the harmful effects of CUI. Rather than sit above an asset, Pyrogel and Cryogel insulation conform to surfaces to ensure close contact with the asset they cover. This significantly reduces the space for water retention between the insulation and the asset itself.

Aspen Aerogels® distributes high-performance aerogels evenly throughout Pyrogel and Cryogel flexible insulation blankets. This patented design creates a uniquely hydrophobic composite to repel water and maximize protection against CUI.

Exceptional thermal performance of Pyrogel and Cryogel allows for a significant reduction in the material thickness of insulation required. The thinner profile results in less surface area exposed to the elements, further reducing the risk of moisture affecting the underlying surface.

Eliminating moisture against metal is the first line of defense in any CUI protection strategy. Corrosion inhibitors can be a useful backup. Pyrogel and Cryogel insulation blankets are infused with corrosion inhibitors to buffer any water entering the system to a pH > 7 to further protect against damaging CUI.

During maintenance and turnaround events, tool strikes and footfalls can damage thermal insulation and the protective weather jacketing that is the first line of defense against bulk water ingress. This can result in trapped water and damaging CUI. Pyrogel and Cryogel insulation is durable enough to withstand this common abuse and protect critical processes and assets.

Weather-Insensitive Installation. Pyrogel and Cryogel insulation help support a fast return to service. Projects have a lower risk of delay when teams can continue installation work in wet conditions. Facilities have even restarted operations before the outer jacketing was installed.

Passive Fire Protection. Pyrogel XTF insulation provides an exceptional combination of thermal performance, defense against CUI, and passive fire protection. Corrosion under fireproofing (CUF) often occurs between the assets and fireproofing coatings or cementitious materials. Coatings are not used with the Pyrogel XTF insulation, avoiding a potential avenue for damaging CUF.

Pyrogel and Cryogel flexible blanket insulation provide an excellent solution to both optimize process yields and maintain asset integrity. Facilities no longer have to choose between protection and performance.

Armacell
www.armacell.com

CUI continues to be a major issue for process industries in oil, gas, chemical, and power-generation sectors. It is estimated that up to 10% of annual maintenance costs in these industries are caused by CUI1. Several cases of CUI may put safety of personnel, operation process, environment, and reputation at risk.

The design and proper installation of the insulation system is critical for effective mitigation of CUI. The potential influence of thermal and acoustic insulation materials is normally assessed through a series of individual laboratory tests on the insulation materials themselves, but very rarely on the applied system. Moreover, the tested physical values do not necessarily and readily reflect the potential influence that a given insulation material or system has on the risk of CUI.

To truly appreciate the influence that an insulation material has on CUI, a more sophisticated approach is needed—one that considers the full system construction and the likely failure modes that may occur during service. The influence that different insulation materials have on the water/water vapor ingress and retention processes should be considered. These are key mechanisms that influence the onset and spread of CUI and should be fully explored.

CUI Defense Mechanisms

We may consider that altogether there are five lines of defense at work to mitigate CUI:

1. Type and grade of steelwork (pipe/vessel),
2. Protective coating,
3. Insulation layers,
4. Vapor barrier, and
5. Cladding/Jacketing/Covering

For more than a decade, Armacell has worked with the world’s leading corrosion testing laboratories and institutes to conduct system-based CUI tests on its range of elastomeric and aerogel-based insulation materials under challenging operating conditions and simulated damage conditions. These institutes include the Southwest Research Institute (SwRI) – United States, InnCoa GmbH – Germany, and TNO/Endures – Netherlands. Designed by some of the world’s leading authorities on CUI, the test standards are designed to put the insulation systems through rigorous evaluation under the most aggressive conditions.

Notable aspects of these tests include:

  • Long-term assessment under continuous or cycling conditions (3 to 6 months’ duration);
  • High-temperature and sweating conditions, with climate control to simulate elevated ambient temperature and high-humidity environments;
  • Failure modes designed to assess water/water vapor ingress and retention in worst-case scenarios (e.g., full thickness damage and increased exposure to high-saline solutions);
  • Use of bare carbon steel pipes (no coating) to scrutinize the true behavior of the insulation without additional protection;
  • Applying various recognized electrochemical and ultrasonic methods to measure and evaluate corrosion rates; and
  • Peer-reviewed procedures that are recognized by subject matter experts from major oil and gas producers (e.g., in accordance with NACE TG516, now AMPP TM21442).

Armacell offers two kinds of industrial insulation materials that are applied directly to the pipe or equipment surface:

ArmaFlex Industrial and ArmaGel systems have both been tested with respect to their CUI mitigation properties under the test regimes described above. Armacell’s test results were in the highest possible category for insulation applied to a bare carbon steel pipe, with corrosion rates significantly below 50µm/year.

Recently, the oil and gas industry has recognized the importance of hybrid insulation systems to improve CUI protection. Initiatives such as the Joint Industry Programme 33 (JIP 33), led by the International Association of Oil and Gas Producers, demonstrate this awareness. In their supplementary standard, aerogel insulation (such as ArmaGel) is recommended to be applied as a first layer before secondary layers of other insulation material to reduce the risk of corrosion.

For more information on the range of CUI tests performed on Armacell insulation systems, and to understand what makes ArmaGel and ArmaFlex excellent choices for CUI mitigation, please refer to https://local.armacell.com/en/energy/services/
corrosion-under-insulation-cui.

Reference
1. NACE Impact Study, 2016, Annex D, page D-10.

ABOUT ARMACELL. A leading provider of engineered foams, Armacell develops innovative and safe thermal, acoustic, and mechanical solutions that create sustainable value for its customers. Armacell’s products significantly contribute to global energy efficiency, making a difference around the world every day. With 3,100 employees and 24 production plants in 16 countries, the company operates two main businesses: Advanced Insulation and Engineered Foams. Armacell focuses on insulation materials for technical equipment, high-performance foams for high-tech and lightweight applications, and next-generation aerogel blanket technology.

Aeroflex USA
www.aeroflexusa.com

Contact:
technicalsupport@aeroflexusa.com

One of the most common and costly threats to industrial piping systems is a phenomenon known as CUI. Corrosion is essentially the deterioration of metals (e.g., cast-iron pipe) due to a reaction with their environment. According to the Association for Materials Protection and Performance (AMPP), corrosion is one of the costliest issues to the global construction economy.

Corrosion under pipe insulation occurs when water vapor (moisture) penetrates the insulation system and makes its way to the metallic pipe surface. If the pipe has not been properly cleaned to remove corrosion accelerators such as dust, dirt, grease, or oil, these substances can accelerate the corrosion process on the pipe surface when they encounter moisture. Once moisture is present beneath pipe insulation, it effectively gets trapped and is a constant source of deterioration.

Although corrosion is a natural process, it can be controlled. Untreated steel pipes for below-ambient operating temperatures, such as refrigeration and chilled water, are often treated with a rust inhibitor or primer. Prior to the application of mechanical insulation, the pipe surface should be cleaned to remove any existing debris. Depending on the substance, common cleaning agents include water and denatured alcohol for oily residues.

A fundamental factor to understand is that water vapor in the environment is naturally attracted to colder surfaces (pipes). This is known as vapor drive. The keys to protecting an insulated pipe are to (1) choose the correct insulation thickness, and (2) completely seal the pipe insulation system to prevent water vapor from penetrating through gaps or openings such as longitudinal seams, butt joints, and termination points.

Accurate pipe insulation thicknesses by project can be determined with industry calculators, such as 3E Plus® (www.3eplus.org) and the Mechanical Insulation Design Guide (www.insulation.org/ design guide), which factor in insulation type, pipe type, pipe size, operating temperature, average ambient temperature, average relative humidity, jacket type, and wind speed.

It is important to note that national energy codes, such as ASHRAE 90.1 and the International Energy Conservation Code® (IECC), specify minimum insulation thicknesses. Demanding operating environments typically require thicker insulation. Under-insulated pipes are unable to control condensation and vapor drive, leading to CUI and eventual failure.

The other critical component to controlling CUI is the proper installation of the pipe insulation system. Vapor stops should be installed a minimum of every 18 linear feet; and all longitudinal seams, butt joints, and termination points must be glued with the insulation manufacturer’s recommended adhesive both for adhesion and to create a vapor seal.

Pipe bends, intersections, and fittings—such as valves, flanges, couplings, and pipe hangers—also must be insulated and vapor sealed. Applying tape alone over unglued seams, or using zip ties, is never recommended. These approaches are common causes of failure.

Aeroflex USA’s AEROFLEX® brand of EPDM closed-cell, flexible elastomeric foam pipe insulation is nonpolar (repels moisture at the molecular level) and offers a low thermal conductivity, a closed-cell structure, and built-in vapor retarder that efficiently controls condensation and vapor drive for most applications. In severe operating environments, a supplemental vapor retarder (jacket or coating) may be necessary.

In addition to AEROFLEX EPDM™ insulation tubes (standard and self-seal), sheets, rolls, and AeroFit™ fitting covers, turn-key system accessories include Aerofix® zero-perm insulated pipe supports, Aeroflex adhesives (standard and low-VOC formulas), Protape® zero-perm EPDM tape, and Aerocoat™ (premium and low-VOC formulas) UV protective coatings, all of which offer single-source responsibility.

A total system approach—from updated specifications and proper design to professional installation of materials to maintenance of the insulation system—is essential in the fight against corrosion under insulation (CUI). Using the right insulation products for your system’s requirements is one essential tool in your tool kit. NIA member companies represent the full mechanical insulation supply chain, and they are skilled in matching your requirements with the right products and confirming those products are professionally installed. Proper installation, inspection, and maintenance contribute to the long-term benefits that insulation provides, including preventing damage to your systems, controlling process temperatures, reducing CO2 emissions, and ultimately paying for itself in energy savings.

NIA invited all our Manufacturer and Distributor member companies to share their best practices, latest products, and new approaches to mitigating CUI. This special section presents responses received from (in alphabetical order): Aeroflex USA, Armacell, Aspen Aerogels, Johns Manville, ROCKWOOL Technical Insulation, and Specialty Products and Insulation.

If your company would like to participate in a future member column or share its CUI solutions in a future issue, email editor@insulation.org.

 

Foremen and Field Leaders are arguably the most critical roles in a trade contractor’s organization. They plan, coordinate, and lead your teams to build and install work correctly the first time.

Of the 28.7 million small businesses in the United States, 40% are generating and managing under $100,000 annually. A single Foreman or Superintendent leading a crew of six craftworkers is likely managing $500,000 to more than $1 million in labor every year. Given the shortage of skilled craftworkers and the risks to your projects, the need for world-class Field Leaders is undeniable.

Yet, investing in training and supporting Field Leaders is often overlooked or pushed aside. FMI frequently hears that Foremen and Superintendents are so important on jobsites that companies cannot pull them out of the field, take time to train and develop them, or engage them in project planning.

As a result, training for Field Leaders is often focused on getting the most out of minimal technical training offered by vendors, or hoping leaders learn through painful project experiences, as opposed to proactively developing critical skills and behaviors like planning, communicating, and leading productive field crews.

Top Challenges for Field Leaders

FMI’s recent talent research included feedback from more than 100 Field Leaders, Superintendents, and Project Managers, most of whom attended an FMI training program. These leaders reported their three greatest challenges (Exhibit 1):

  1. Juggling unrealistic project schedules,
  2. Difficulty staffing projects due to lack of skills and labor, and
  3. Balancing leading teams and executing work.

The first challenge is related to project schedules and the associated time to do the work. Project schedules in construction have become more and more compressed. FMI estimates that over the past 2 decades, from start of design to construc­tion completion, the average schedule duration for a warehouse has been compressed by as much as 12 months.

The other two reported challenges are directly related to the availability of field talent and the time needed to develop skilled crew members. Labor shortages were the second-most cited cause for project delays in the 2022 Associated General Contractors of America/FMI Risk Survey, and according to the Bureau of Labor Statistics, the construction industry had only slightly more trade workers in July 2022 (7.7 million) than it had in January 2007 (7.6 million).

Furthermore, two-thirds of CEOs surveyed for FMI’s second quarter 2022 Construction Industry Round Table (CIRT) reported difficulties finding Field Managers. The shortfall predates the current environment and will continue to impact crews in the years to come.

It will take everyone in a company to address these difficulties, but it is almost certainly time to place a much higher priority on Field Leader train­ing and development.

Companies need to help Field Leaders develop skills in four critical areas. These are:

  1. Leading and coordinating field crews,
  2. Planning weekly resource needs,
  3. Managing productivity, and
  4. Communicating effectively.

The difficult part is determining how to help your Field Leaders obtain the necessary skills to excel in these four tasks. Here are a few investments in your teams that will pay large dividends.

Make Time for Training and Development in the Field

Many current leaders are in their third or fourth decade in the construction industry, and their experience is what generates success on their projects and in your company. These experienced Field Leaders are able to plan and execute jobs on compressed time frames, while also leaving time for newer workers to ask questions, challenge approaches, take ownership of results, and correct their errors. Qualified mentors are vital, in short supply, and operating under massive time con­straints (see Exhibit 2).

“Everybody eventually is going to come across something that they’ve never had to do before,” says Seth Beckman, a Project Manager at Carlton Electric, Inc. “And the only thing you can do is get a hold of a person who has done it before and find out what was successful and anything that you really need to avoid in that situation.”

That depth of experience is not built overnight, and it requires a combination of skills. Do it incorrectly, and you risk Field Manager burnout. FMI’s Project Manager Academy research has found that overwork and a lack of skills training and career support are primary culprits.

“We have to look and find people who have the knowledge and the ability to lead and understand the work that we’re doing at the same time,” says Stanley Lee, Regional Manager at Gregori Construction, Inc.

Give your Field Leaders time to train and develop their teams. It is unrealistic to expect that a skilled trade workforce will be built without dedicating time for training and tapping your most experienced Field Leaders to conduct training and share their knowledge and experiences. Build it into project time lines and into your organization’s overall talent strategy, including roles, responsibilities, and expectations.

Focus on Planning and Resource-Related Delays

Think of a day on your jobsite when you had a field crew that was waiting, standing around, or working on less productive tasks for more than an hour. What was the cause for this situation?

The primary way to improve field productivity and reclaim time on your jobsites is by minimizing resource-related delays caused by not having the right materials, tools, equipment, or information in the hands of your Field Leaders at the time needed on the jobsite.

Field Leaders and organizations can minimize resource-related delays through planning. A strong pre-job planning process and weekly look-ahead procedures will identify those items that are needed by Field Leaders to help them be productive and provide time for teaching, training, and men­toring others, instead of responding to daily and weekly fire drills.

Weekly look-ahead plans should be developed by your Foremen or Superintendents, who identify crit­ical tasks and activities planned for the next 2 or 3 weeks, including the manpower, material, tools, equipment, and information required to do the job. It is then the organization’s responsibility to ensure that the Field Leaders get what they need to install work correctly the first time.

It is imperative that you collaborate and engage with Foremen and Superintendents in planning the work both before the job starts and every week thereafter. They will build their planning muscles and, over time, will become better and better at recognizing what they need to be successful leading productive field crews. And providing your experienced Field Leaders with time to engage in training and development for themselves and oth­ers will be critical in this process.

Train Field Leaders in Communication Skills

Often, Field Leaders are technical experts who know how to build quality projects, but many lack soft skills, such as best practices around communica­tion and how to motivate employees.

Your Field Leaders communicate with a broad range of project stakeholders, all of whom have different preferences and expectations for effective commu­nication. Field Leaders direct work for your field crews, send and receive direction from Project Managers and owners, and coordinate with other Field Leaders and other trade contractors. These diverse groups often have different communica­tion preferences, ranging from face to face to email, written job status reports, and text messages. They also have varying expectations for the level of detail they are given and when they are engaged in the process.

Teach your Field Leaders to listen to those with whom they interact and understand how to determine the best method for reaching them. Time management was cited as one of the top three challenges by Field Leaders surveyed, and communication failures underpin much of this stress. Understanding the best method for communicating and making decisions that will drive a project forward can help Field Leaders become more effective communica­tors and time managers.

Leverage Field Mentorship

Experienced Field Leaders make quick decisions to maximize productivity and efficiency, but getting those with fewer years on the job the same level of expertise takes time and attention. One way to quickly help newer Field Leaders is by formally pairing them with a mentor.

Having someone who can quickly answer ques­tions and offer advice helps Field Leaders develop the necessary experience and confidence in their decisions. Formal mentoring arrangements enable knowledge transfer and—as they gain proficiency and experience ultimately allow more staff mem­bers to take ownership of projects. Mentoring also can serve as a crucial part of succession planning at different levels.

However, the lack of formal training programs in the past means that senior leaders may not be skilled at teaching inexperienced workers. This can be addressed with leadership training for those with valuable job knowledge, and ongoing skills training as people progress in the field.

How to Help Your Field Staff Succeed

A Field Leader’s job is complicated and challenging. Prioritize time for Field Leader training by minimiz­ing resource-related delays on the jobsite. Focus on soft skills and communication, and leverage mentors to grow new, world-class Field Leaders.
Companies that invest in Field Leaders can lower business risk by building a deep pipeline of strong talent, enhance their ability to execute on projects, increase employee engagement and organizational loyalty, and improve Field Leaders’ ability to take on greater responsibility. Now is the time to act and build your leaders of the future.


FMI is a leading consulting and investment banking firm dedicated to serving companies working within the built environment. Its professionals are industry insiders who understand a company’s operating environment, challenges, and opportunities. FMI’s sector expertise and broad range of solutions help its clients discover value drivers, build resilient teams, streamline operations, grow with confidence, and sell with optimal results. Reprinted with permission from FMI. For more information, visit www.fmicorp.com.

A growing number of states have banned noncompete agreements, leaving employers to grapple with a patchwork of different state-level requirements and federal actions.

“We are seeing a very clear trend of increasing hostility to the use of noncompete agreements,” said Daniel Kadish, an attorney with Morgan Lewis in New York. “It has been a significantly growing trend over the last 4 or 5 years. We have seen this pick up speed.”

Noncompetes prohibit employees from working for corporate competitors or opening their own competing business within a geographic area for a certain period of time after they leave a company. Traditionally, employers have used noncompete agreements to stop employees from taking trade secrets and proprietary information to a competitor. Noncompete agreements may boost an employer’s retention rate if they prevent workers from seeking similar jobs at competitors.

The trend of banning noncompetes is likely to spread to more states in the near future, said Dan Prokott, an attorney with Faegre Drinker in Minneapolis.

States tend to follow each other, and “it becomes a bit of a bandwagon effect,” said Julie Werner, an attorney with Lowenstein Sandler in New York.

State-Level Restrictions

Four states—California, Minnesota, North Dakota, and Oklahoma1—have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice.

The New York Legislature recently passed a bill2 that would ban noncompete agreements, but Governor Kathy Hochul has not signed it yet. The legislation’s “scope is very broad, and its details are very little,” said Larry Del Rossi, an attorney with Faegre Drinker in Florham Park, New Jersey. If enacted, it might make companies think twice about having their chief executives based in New York, Werner said.

The state laws primarily targeted noncompete agreements that apply to low-wage workers. “It is an effort to solve for those situations,” Werner said.

Some state laws allow noncompete agreements for employees whose salary is above a certain threshold, and others do not. Some state laws permit noncompete agreements in connection with the sale of a business, and others do not.

Some states also stipulate that you cannot have a noncompete in certain professions, like medicine or law, Del Rossi said.

The state laws do not clearly define what a business competitor is, which can make things confusing for employers that use noncompetes, Prokott said.

The variation in state laws “creates difficulties for organizations that have to comply with different rules in different places,” Kadish said.

“The trend is that every state is handling these things differently. The idea of just using a standard template form does not work anymore,” Werner said.

Federal Action

The Federal Trade Commission (FTC) released a proposal on January 5, 2023, to prohibit
noncompetes. The FTC said noncompetes constitute an unfair method of competition and
therefore violate Section 5 of the Federal Trade Commission Act. It concluded that noncompetes suppress wages, stifle innovation, and make it harder for entrepreneurs to start new businesses. The agency has not released a final rule yet.

“We still suspect there will be some final rule by roughly April or May 2024 from the FTC,” Kadish said.

Corporations are likely to challenge any state or federal bans in the next year or two. “Inevitably, there is going to be legal challenges in the courts,” said Mark Goldstein, an attorney with Reed Smith in New York. “Employers need to brace for some uncertainty on this front.”

In a memo3 released on May 30, 2023, National Labor Relations Board General Counsel Jennifer Abruzzo announced that some noncompete agreements violate the National Labor Relations Act 5. The announcement, which applies to nonunionized and unionized employers, may result in unfair labor practice charges for employers that use noncompetes.

The Society for Human Resources Management (SHRM) urged4 the FTC to allow employers to continue using noncompete agreements with certain employees.

In comments to the FTC, Emily M. Dickens, Chief of Staff and head of government affairs at SHRM, said the FTC’s proposal would “impede SHRM members’ ability to balance the needs of workers and employers and will reduce the contractual capabilities of reasonable and consenting parties. The sweeping proposal significantly complicates HR professionals’ responsibility to protect their workforces’ intellectual property.”

Tips for Employers

Human resources professionals should stay up-to-date on state laws around noncompete agreements and have accurate records of where their employees work, Del Rossi said.

“It makes sense for organizations to review their current noncompete agreement and see if the way they are using those agreements are still aligned with their business goals,” Kadish said. For example, companies could consider tailoring the noncompete agreement to the job, adjusting the duration of the agreement, or tightening the scope of new hires who are required to sign a noncompete.

Noncompete agreements often name the state where the contract applies, based on where the business is incorporated, where the employee lives, or where the work takes place. Employers should “be thoughtful” about this choice, Werner said, and “use the right agreements for the right people,” which can include not giving noncompetes to junior employees.

In the meantime, businesses should “start planning for alternatives to noncompetes,” such as nondisclosure and nonsolicitation agreements, which can protect trade secrets, said John Siegal, an attorney with BakerHostetler in New York. “Be more flexible and creatively use less restrictive employee agreements, including customer nonsolicitation agreements and notice or garden leave provisions,” where employees are instructed to stay away from work during the notice period while still remaining on the payroll.

In a tight labor market, state prohibitions on noncompetes might make it easier for some businesses when they need to attract certain types of workers who were previously under noncompetes, said Rob Whitman, an attorney at Seyfarth in New York.

Eighteen percent of U.S. workers are subject to noncompete agreements now, and 38% of workers have been subject to noncompete agreements at some time in their careers, according to a new report5 from the U.S. Government Accountability Office. About 55% of employers said they used noncompete agreements.

“Few workers who sign noncompete agreements negotiate the terms because they are unaware of what noncompete agreements are, they want the job regardless, or the noncompete agreement is introduced after a job is accepted,” the report stated. Noncompete agreements have particularly high use in the health-care, financial services, and IT industries, according to Prokott.

References
1. https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/states-restrict-noncompete-agreements-colorado.aspx
2. https://www.nysenate.gov/legislation/bills/2023/S3100/amendment/A
3. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/nlrb-noncompetes-often-violate-nlra.aspx
4. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/shrm-opposes-noncompete-ban.aspx
5. https://www.gao.gov/assets/gao-23-103785.pdf