IS WG 7.10.12
Installer Safety & Workforce Development Working Group
July 10, 2012
Joe Molitor, Sungevity
Heath Galloway, Sungevity
Karl Riedlinger, Solar City
Jesse Elliott, REC Solar
11:00 I. Welcome, Roll-Call, Anti-trust Statement
11:05 II. Review Training & Certification Chart & Factsheet
- purpose of chart and factsheet is to provide guidance to states and companies
- coordinate with state team to anticipate upcoming requirements
11:20 III. OSHA Safety Guidance Doc – Update – Christine
- outline tasks associated with installer/contractors in solar
- currently being reviewed by OSHA
11:25 IV. Installer Safety Seminar – Update – Christine
- renewed the Safety Management Seminar
- survey for members to respond – how will the project work best
11:30 V. Next Webinar – Sept. 27 - OSHA Certifications, etc.
- Dean McKenzie from federal OSHA will speak
- looking for a state OSHA representative
11:55 VI. New Topics & Comments from the Floor
11:58 VII. Next Meeting – August 1
12:00 VIII. Adjourn
The antitrust laws of the United States and the various states prohibit agreements, combinations and conspiracies in restraint of trade. Because trade associations are, by definition, combinations of competitors who meet together, it is particularly important to avoid inappropriate activities at these meetings or even the appearance of impropriety. Civil and criminal penalties can be and are imposed on violators, and antitrust claims can be brought by antitrust plaintiffs and prosecutors alike.
Some activities by competitors are deemed so pernicious and harmful that they are considered per se antitrust violations – it doesn’t matter whether the activities have a harmful effect on competition or not. These include price fixing, allocation of customers or territories, bid-rigging, and some forms of boycotts. Remember, too, that there are many features that go into pricing; agreements as to salaries paid, credit terms, and other factors that can directly impact price also are proscribed.
Competitors should avoid discussing certain subjects when they are together — either at formal association meetings or in informal contacts with other industry members. With rare exceptions that should be made only upon the advice of counsel, there should never be discussion of the following topics at any association meeting:
- Any company’s individual prices or pricing policies, including: current and future prices, price increases or decreases; price stabilization; cash discounts; prices paid to input sources; credit terms; or what is a fair profit level;
- Terms of sale, warranties or contract provisions;
- Complaints to or about individual companies or competitors or other actions that might tend to hinder a competitor from competing fully and freely in any market; or discussions about whether to purchase from certain suppliers, sell to certain customers, or otherwise do business with certain entities (or trying to convince others to do the same);
- Division of customers, territories or locations;
- Specific R&D, sales or marketing plans, or any company’s confidential product, development or production strategies; or
- Data concerning fees, prices, production, sales, bids, costs, salaries, or credit, unless the data in question is exchanged and disclosed pursuant to a carefully-crafted plan that has been approved by counsel.
- Association meeting participants have an obligation to terminate any discussion, seek legal counsel’s advice, or, if necessary, terminate any meeting if the discussion might be construed to raise any antitrust risks.