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In the past 5 years, there have been 8,053 water main breaks in Cuyahoga County! Last year 1,560 water main breaks occurred! Before I go in depth on whether a water main could effect you business, let me give you some technical background information on water main breaks themselves.

							

The water main network consists of transmission mains (trunk mains) and local distribution system mains. Transmission mains are usually large in diameter, 20” and larger. They supply local distribution mains through supplemental connections. Service connections to businesses and homes usually do not connect to transmission mains. The distribution mains are usually smaller mains, 16” and smaller. They supply the customer directly through the service connections.

A water main failure can occur without warning in a form of a burst, rupture or small leak. The impact of a failure would vary based on the nature of the failure and the type of water main.

If a water main failure occurs on a distribution main without warning, a customer on the street where the failure occurs and possibly on adjacent streets, could notice a severe drop in pressure or a total outage. The Division of Water will dispatch a crew immediately to isolate the break. Unfortunately, affected customers do not have other options except dealing with the outage. Generally, the pressure in the area will be restored after isolating the break. Only the customers that are located within the boundary of the isolated segment of pipe will not have service until the break is repaired and service is restored.

If a transmission main breaks without warning, this will be classified as a catastrophic failure due to its intensity. This type of failure impacts a large area in terms of service disruptions and may cause significant damage to the street and related infrastructure at the point of failure. It is also possible that neighboring properties could also be damaged from flooding or wash out. The Division of Water addresses this situation as an emergency and designates a large team to respond to the incident.

On March 2, a 36-inch water main break occurred in the area of 841 and 853 Broadway in New York City. This event resulted in severe physical damage because of the ensuing flooding to 14 street-level businesses and temporary disruptions to an additional 120 businesses. The two buildings affected were without utility service and business owners were unable to open their doors to customers and suppliers for approximately two weeks. A sample survey of the businesses affected showed that 12 firms have a gross revenue loss estimated to be more than $239,000 which is more than 40 percent for the disaster period compared to the same period in 1999. (N.Y. Office of the governor-press release, May 9th 2000)

When a distribution main breaks the area affected would generally be a small segment of the street, approximately 1500’. In the case of a catastrophic failure, the affected area can extend several city blocks. It can also destroy a 20’X30’ patch of pavement along with buildings and other utilities in close proximity. A distribution main on the other hand, will affect approximately 4’x5’ of concrete and not much else. The good news is that most mains can be fixed within a day although those affected will be advised to boil there water for 24 to 48 hrs afterwards.

Other then to call the Cleveland Division of Water (for those in Cuyahoga County, the # is (216) 664-3060) there is not much you can do. It would be advised to keep spare water supplies along with a back up generator in the case you are without utilities for a prolonged period of time. Provisions should be made especially during winter months when there is a clear increase in break rates. Make sure you have insurance that could cover such an accident. Just because you are not in a flood prone area does not mean that a flood can not happen. Luckily, catastrophic failures generally only happen once every 2 years, but if your business is in an older section of town those odds could very well be increased significantly.

Special thanks to Pierre Haddad, P.E. of the Cleveland Division of Water for technical information used in this article.

All civilian employers are covered by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Act requires that employers provide military leaves of absence to employees who are called to military service, and reemployment of eligible employees upon return from active duty. All states have laws that relate to military leave, however the USERRA supersedes state law unless the state’s law is more generous to reservists. In addition, if an employer’s policy is more generous than USERRA or state law, the employer’s policy governs. For example, USERRA protects the rights of reservists for a five year period. If an employer’s policy protects reservists for a six-year period, the reservist is protected for six years.

Reservists in all branches of the reserves are entitled to time off for military leave. This includes time off for active duty and for annual military training. Employers are prohibited from discriminating against service members during hiring, if called, or after completion of service. Therefore, it is inappropriate for an employer to ask a potential hiree if he or she is a member of the military reserves. Since the Act protects employees for up to five years, if an employee’s military duty lasts for five years, the employee remains protected the entire time.

Each reservist must comply with certain provisions under USERRA. For example, the reservist must notify his or her employer of the need for military leave within 30 days of the scheduled leave date, or “as soon as practicable.” In addition, the reservist is to provide a copy of his or her service orders and schedule to the employer.

USERRA provides that reservists returning to work are entitled to reemployment in the job he or she would have attained but for being absent for military leave. In other words, the employee is not to suffer from a loss of pay, seniority and/or other rights and benefits. This is called the “escalator provision.” The employer is to provide reasonable efforts to enable returning employees to refresh or upgrade their skills. In addition, the employer must provide an alternative reemployment position if the service member cannot qualify for a position under the “escalator provision.”

The Act contains certain provisions that are protective of employers. For example, employers are not required to reemploy someone who was not honorably discharged or someone who was a temporary worker.

The Act also specifies that an employee must inform his or her employer of his or her intention to return to work after duty. If the reservist is out fewer than 31 days, the employee must report to work on the next workday or shift. If the reservist is out 31-180 days, the reservist must provide the employer with a notice of intent to return to work within 14 days after discharge and he or she must return during that time. If the reservist fails to return within 14 days, he or she is considered to have voluntarily terminated employment. If the reservist is out more than 180 days, her or she must provide the employer with a notice of intent to return within 90 days after discharge and he or she must return within that time. Again, failure to return within 90 days is considered a voluntary termination.

USEERA does not require that employers provide paid military leave. However, if the employer’s policy entitles the employee to paid leave, the employer may offset this amount by the amount of military pay the employee receives. Reservists may also elect COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) benefits. In addition, reservists are entitled to accrue other benefits if available to employees who take nonmilitary leave. When reinstated, reservists may “bump” any employee who was hired to replace him or her.

If any act of discrimination or retaliation occurs against the reservist by his or her employer in the first year after return, the burden is on the employer to show that the real reason for the act or decision of the employer was unrelated to the employee’s military service obligations.

Reservists are entitled to certain protections under the USERRA. Employers should be aware of this law, any applicable state law and its own policies and procedures when faced with issues related to returning reservists.

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