Advocacy Update

Forrest WallWritten by Forrest Wall, CAE, Staff Vice President
and Industry Relations

Rent Control Preemption Under Attack

Legislation has been proposed which would completely repeal the law prohibiting local governments in Michigan from enacting rent control ordinances. HB 4456 was introduced in the Michigan House of Representatives on March 30. This latest effort comes on the heels of a number of bills proposed in recent years to chip away at this act by allowing exceptions for rent control in specific situations or providing for inclusionary zoning. The preemption of local rent control is one of the most significant legislative accomplishments in AAM’s history. Perhaps needless to say, but I will say it anyway … AAM opposes HB 4456!

Bill Allowing Manager Representation Introduced

A bill introduced in the Michigan House of Representatives would allow managers to represent LLCs in summary proceedings under certain conditions. HB 4463 proposes that in a complaint requesting recovery of possession of the premises or both recovery of possession and a money judgement (in an amount less than the Small Claims Division limit), certain LLCs may be represented by a member, property manager, or other agent. The LLCs eligible under this proposal are limited to those with one individual member or two members who are individuals married to each other.

Last Chance! Don’t Forget Your Continuing Competency If You Have A Builders License

Some AAM Members hold a Michigan Residential Builder License even though they may not be currently building. If you are one of these individuals and you wish to maintain your license, please remember that the State of Michigan requires you to complete three hours of “continuing competency” by your renewal deadline of May 31, 2017. AAM and HBA’s last three hour class (covering each of the required categories – one hour codes, one hour legal and one hour safety) is set for May 31. Visit HBA’s website for online registration at www.builders.org.

 

Posted in 2017, May 2017 | Leave a comment

Safe Use Of Hand And Power Tools

WRITTEN BY GARY SMITH, APARTMENT BUILDING MANAGEMENT WORKERS COMPENSATION SELF INSURED FUND

Workers operating hand and power tools face a wide range of potential hazards throughout the course of any given workday. Without proper training and maintenance, they are at risk of injuries resulting from lacerations, flying objects, harmful dusts, electrical accidents, and more.1

According to the National Electronic Injury Surveillance System, hand and power tools combined cause an average of 257,735 injuries each year that require an emergency room visit.2

In order to protect Michigan workers, MIOSHA promulgated safety standards for hand and power tools, General Industry Part 38. Hand and Portable Powered Tools, in 1974 and established responsibilities for employers and employees in Rules 3811 and 3812, respectively:

Rule 3811 – An employer shall do both of the following:

Ensure that an employee has been trained in the use of hand tools and portable powered tools before authorizing their use.

Maintain, or require to be maintained, hand tools and portable powered tools free of defects that could cause injury to an employee.

Rule 3812 – An employee shall not use a tool for other than its designated or approved use.

Now, these rules seem like commonsense, but unfortunately, they are not common practice. So, here are some tips to make it easier:

Review – Print and read MIOSHA’s Part 38. Hand and Portable Powered Tools to become aware of the regulatory requirements for safe hand and powered tool use in your workplaces.

Training – Use the Power Tool Institute’s FREE training resources, which include high-quality publications (e.g., student activities and quizzes), training videos and lesson plans. Additionally, tool manufacturers’ supply operational manuals and videos that may be added to your training curriculum. Also, online resources abound for hand tool safety training, and they can be added to your curriculum. The important point to realize is that training materials are readily available and can be customized to suit your needs. Lastly, be certain to document all employee training.

Inspect – Use an inspection checklist to document that you are requiring hand and power tools to be free of defects. This inspection process is relevant for both employee-owned and company-owned tools. You can inspect at a frequency appropriate for your workplace (i.e., quarterly or annually seem best for hand and power tools). Similarly, many online resources for inspection checklists are available for use and customization. Select and use a checklist that is best suited for your types of hand and power tools.

If you follow these tips, then you can easily meet your training and inspection obligations, and prevent needless injuries from occurring in your workplace.

Should you require assistance with customizing your hand and power tool safety training, please contact Gary Smith, CRM, at (517) 338-3367 or gary.smith@yorkrsg.com.

Footnotes:

  1. Missouri Employers Mutual Insurance: www.worksafecenter.co
  2. Consumer Product Safety Commission’s National Electronic Injury Surveillance System (NEISS): www.cpsc.gov/Research–Statistics/NEISS-Injury-Data

Resources:

  • MIOSHA Part 38. Hand and Portable Powered Tools (as amended April 2, 2013): http://www.michigan.gov/documents/lara/lara_miosha_GI_38_4-3-2013_416585_7.pdf
  • Power Tool Institute: www.powertoolinstitute.com
  • OSHA Hand and Power Tool Booklet (OSHA 3080; 2002 revised): https://www.osha.gov/Publications/osha3080.pdf
Posted in 2017, May 2017 | Leave a comment

Member News

AAM member Commercial Property Advisors has been selected by CoStar Group, Inc. to receive a CoStar Power Broker TM Award. This annual award recognizes the “best of the best” in commercial real estate brokerage by highlighting the firms and individual brokers who closed the highest transaction volumes in commercial property sales or leases in 2016 within their respective markets.

Formed in 2011, Commercial Property Advisors, led by Cary Belovicz has recently closed the sale or refinance of over 7,660 units totaling $240 million throughout the country. This adds to a total of over $600,000,000 in total deal volume across 5 states.

 

Posted in 2017, APRIL 2017 | Comments Off on Member News

Workplace Hazard Inspection

WRITTEN BY GARY SMITH, APARTMENT BUILDING MANAGEMENT WORKERS COMPENSATION SELF INSURED FUND

An important element of successful injury prevention programs is the routine inspection for hazards in the workplace. The purpose of conducting routine inspections is to identify system issues that may be contributing to unsafe conditions and unsafe actions. Workplace conditions and practices are constantly changing, and routine inspections offer a process to manage these changing conditions.

On-the-job training in hazard recognition and MIOSHA standards will assist employees in learning how to identify hazards. MIOSHA’s Training Institute offers cost-effective courses throughout the year and there are scholarships available. Applications may be submitted for courses no more than three months prior to the start date and no later than three weeks prior to the course start date.

Inspections can be a regular function of the safety and health committee as well as a management function. To ensure that you conduct effective inspections, consider using the following strategies:

 

  • Make use of a checklist. Visit the Apartment & Building Management Workers Compensation Self-Insured Fund website at http://aamfund.com
    to download a FREE self-inspection checklist.
  • Talk to workers during the inspections;
  • Observe workers doing their jobs and wearing appropriate personal protective equipment;
  • Assess required safeguards for equipment, machinery and housekeeping;
  • Use any appropriate industrial hygiene services/equipment to assess noise levels, temperature and humidity or air contaminants

 

Be sure to document findings and retain records, which demonstrates your proactive measures and helps with follow-up efforts. Inspection reports should include the potential hazard (including location, equipment, and personnel), action required, responsible person for actions, and correction date. Lastly, establish a follow-up system to assure corrections are completed.

Should you require assistance with starting a hazard inspection process in your workplace, please contact Gary Smith, CRM, at (517) 338-3367 or gary.smith@yorkrsg.com.

Resource:
MIOSHA Training Institute: http://www.michigan.gov/lara/0,4601,7-154-11407_15317_47430—,00.html

Posted in 2017, APRIL 2017 | Comments Off on Workplace Hazard Inspection

Advocacy Update

Forrest WallWritten by Forrest Wall, CAE, Staff Vice President  and Industry Relations

Option For Medical Marihuana Prohibition Effective April 10
You may recall from my recent updates, a rental property amendment to the Michigan Medical Marihuana Act was enacted in the final days of the 2015-16 legislative session and subsequently signed by Governor Snyder. The amendment allows a landlord the option of prohibiting the smoking and/or growing of medical marihuana, as long as the prohibition is in the written lease. Just a reminder that the new law takes effect on April 10, 2017 in case you are making changes to your leases.

Special thanks go to Matthew Paletz and John Mione of the Paletz Law Firm. They provided sample lease language regarding this new law as a resource for AAM members. If interested in this language please call or email me for a copy. As always, I recommend you consult with legal counsel to insure it is properly incorporated into your lease. Thank you Paletz Law Firm!

Executive Order Addresses Waters Of The United States Rule
On February 28th, President Trump signed an executive order directing the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) to rescind or revise the “Waters of the United States” Rule. This controversial rule dramatically expanded the definition of what waterways come under the jurisdiction of the EPA and Corps, with the result being expanded permitting and regulatory hurdles for developers. The rule has been legally challenged by more than 30 states, as well as the National Association of Home Builders (NAHB).

Have A Builder’s License? Don’t Forget Your Continuing Competency
Some AAM Members hold a Michigan Residential Builder License even though they may not be currently building. If you are one of these individuals and you wish to maintain your license, please remember that the State of Michigan requires you to complete three hours of “continuing competency” by your renewal deadline of May 31, 2017. AAM and HBA are holding three hour classes (covering each of the required categories – one hour codes, one hour legal and one hour safety) which will provide you what you need to comply. Visit HBA’s website for online registration at www.builders.org.

 

Posted in 2017, APRIL 2017 | Comments Off on Advocacy Update