United Contractors Magazine April 2021 by United Contractors

ROLL UP YOUR SLEEVES

VACCINATECONSTRUCTION.COM

HOW UCON IS WORKING TO COMBAT VACCINE MISINFORMATION WHAT LEADERS CAN DO

APRIL 2021 | ISSUE 4/VOLUME 227 W W W. U N I T E D C O N T R A C T O R S . O R G

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UNITED contents CONTRACTORS 2021 UNITED CONTRACTORS BOARD OFFICERS

President ...................Kurt Kniffin, Stacy and Witbeck, Inc. VP/President-Elect ....Joe Sostaric, The Conco Companies Secretary/Treasurer .......Kevin Hester, McGuire and Hester Sec/Treas-Elect....Christi Plum, P C & N Construction, Inc.

UNITED CONTRACTORS BOARD OF DIRECTORS Juan C. Arrequin, Bay Line Cutting & Coring, Inc.; Ron Bianchini, Preston Pipelines, Inc.; Dale R. Breen, Midstate Barrier, Inc.; Bryn Burke, Dees Burke Engineering; Steve Concannon, Pavement Recycling Systems, Inc.; Greg Goebel Jr., Goebel Construction, Inc.; Dave Jordan, Vulcan Materials Company; Tony Naranjo, J&M Concrete Contractors; Jeff Peel, Steve P. Rados, Inc.; Guy Smith, St. Francis Electric LLC; Keary Sullivan, F & M Bank; Charles Wall, Brosamer & Wall, Inc.

UCON LEADERS United Contractors Committee Chairs Associates: Dave Jordan (Associate Director), Vulcan Materials Company; Keary Sullivan (Associate Director-Elect), F & M Bank | Caltrans: Michael Ghilotti (Chairman), Ghilotti Bros., Inc. | Legislative: Rob Layne, O.C. Jones & Sons, Inc. | Political Action (PAC): Chris Young (Chairman), D.W. Young Construction Co., Inc. | Safety & Insurance: Robert Sabin, McGuire and Hester | Attorney Roundtable (ART): Facilitated by Mark Breslin | SF City Contractor Liaison: Mike Ghilotti (Chairman), Ghilotti Bros., Inc., Miguel Galarza (Chairman), Yerba Buena Engineering & Construction, Inc. | Scholarship: Trony Fuller, West Coast Sand & Gravel | Southern CA Steering Committee: Steve Concannon, Pavement Recycling Systems, Inc.

UNITED CONTRACTORS STAFF

Mark Breslin, Chief Executive Officer; Emily Cohen, Executive Vice President; Tejel Patel, Executive Assistant to CEO; Julie Hinge, Executive Assistant to EVP; Victor Sella, Director of Labor Relations; Ruby Varnadore, Labor Contracts Manager; Lucia Mixon, Labor & Member Services Specialist; Ann Danen, Labor & Member Services Assistant; Dave Jenkins, Contractor Services, Southern California; Sue Weiler-Doke, Labor Relations Consultant; Melissa Gutwald, Director of Finance & Operations; Terese Pollock, Operations Analyst; Denise Ramirez, Online Services Manager; Emmy McConnell, Senior Accountant; Michelle Hannigan, Bookkeeper, Brendan Doherty, Communications Manager; Michelle Vejby, Publications Manager; Marlo Fregulia, Senior Member Relations Manager; Angelica Gouig, Senior Event Coordinator; Eddie Bernacchi, Legislative Advocate; Christopher Lee, Safety Consultant; Tony Dorsa, CARB Consultant

United Contractors Magazine (ISSN: 2166-3777) is published monthly, except December, by United Contractors, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583. Editorial comments, letters, and article submissions are welcomed and encouraged. Correspondence should be directed to the United Contractors of ce at the above address, b phone at (925) 855-7900, or by e-mail at info@unitedcontractors.org. Reproduction of editorial material in this issue is permitted if accompanied by proper source credit. Periodicals postage paid at San amon, CA and other of ces. ostmaster Send address changes to: United Contractors Magazine, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583. © 2021 Published in the U.S.A.

APRIL 2021

ISSUE 4, VOLUME 227

6 UP Front

Industry Compliance: Safety & Regulatory Issues Facing Our Industry y

iﬃ t cy Presi e t

Wit eck

A Letter to Industry Leaders y

rk resli

10 C O N S T R U C T I O N :

INDUSTRY

RESOURCES 24 CARB Update Looking Ahead y To y

ors

l tory o s lt

26 LABOR

Skilled & Trained Workforce y

or Rel tio s

em er ervices Te m

California Apprenticeship Annual Exemption on Public Works y ric Roo

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More Inside: 32 36 38 40 42 CONNECT WITH U N I T E D C O N T R ACTO R S :

NEXT UP - EDUCATION NEXT UP - AWARDS MEMBER NEWS WE ARE UCON LAST CALL

unitedcontractors.org APRIL 2021

front

By Kurt Kniffin, Stacy and Witbeck, Inc. UCON 2021 President

Industry Compliance

Safety & Regulatory Issues Facing Our Industry Compliance with regulatory and safety standards can be a daunting, cumbersome task. Understanding and conforming to the various rules, speciﬁcations, policies, and laws that govern our work is a full-time job.

Safety compliance is crucial to me. It is critical to understand that Cal/OSHA and its many units like mining and tunneling, high hazard, crane, and elevator, aren’t there to create roadblocks.

From Washington, D.C. to Sacramento, contractors in our industry must comply with a mountain of jurisdictions, each with its own codes. The list includes the U.S. Department of Labor, Mine Safety and Health Administration (MSHA), Occupational Safety and Health Administration (OSHA), Office of Federal Contract Compliance Programs (OFCCP), and the Office of Workers Compensation Programs (OWCP), just to name a few. California state agencies include the Department of Fish and Wildlife, Air Resources Board CARB), Coastal Commission, Department of Industrial Relations (DIR), and Occupational Safety and Health (Cal/OSHA), all of which have their policies and agendas which influence our work.

They are essential for protecting and improving the health and safety of workers by: • Setting and enforcing standards • Providing outreach, education, and assistance • Issuing permits, licenses, certiﬁcations, registrations, and approvals

Let me tell you, times have changed during my 35 years in construction from when we used to meet onsite with the local Fish and Game warden to explain how we were going to cross the river and then having a permit written on the spot. Today, we hire teams of biologists to study bats, nesting birds, turtles, and frogs and then build an entire project schedule to accommodate their needs. Agencies, rules, and regulations protect our people, communities, and environment. Seeing some terrible accidents brings home the point. These preventable accidents underscore how if people followed the rules, or there were better procedures, it wouldn’t have happened. I hope that others don’t have to learn the hard way, but instead can understand from the start that compliance is crucial to our work. It should be our collective goal as contractors to understand and take all necessary steps to comply with the relevant laws and regulations. 6

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Compliance with those activities rest on our shoulders as employers. We must maintain an Injury and Illness Prevention Program, inspect the workplace to identify and correct unsafe conditions, provide safe and properly maintained PPE, tools, and equipment, provide medical examinations and training, and keep records of these eﬀorts and any work-related injuries and illnesses. Compliance is a signiﬁcant and worthwhile task for contractors—especially when facing new safety threats related to COVID-19. These new temporary standards apply to most workers in California and include provisions for a written plan, training, record keeping, and reporting. These new standards have only piled onto the layers upon layers of existing safety and regulatory compliance tasks. Keeping the jobsite safe for workers during COVID, has become a compliance task—a matter of prime importance and ensuring others’ safety.

UCON’s COVID-19 Resources page: viewed by over 20,000!

This is an evolving area. As COVID-19 vaccines become readily available to the general public, we will grapple with worker safety and compliance. We are currently in new territory, as construction was only recently added to the list for vaccination eligibility. We also work in an industry where, by some estimates, more than half of construction workers are not willing or interested in a vaccine for COVID-19. UCON created content to support an informed discussion for multiple industry levels, all credible medical sources—Johns Hopkins, the Center for Disease Control, and elsewhere—to help dispel myths surrounding the vaccine. The “Roll Up Your Sleeves” campaign includes toolkits, tailgate topics in English and Spanish, and more and can be found at www. vaccinateconstruction.com (see pages 8-14), or through a direct link from the UCON COVID-19 Resources page.

UCON is here to help. As a contractor member, your Member Benefits include the new Contractor Resources Library, online at unitedcontractors.org. These benefits include access to must-have bulletins that affect your business, CBAs, forms, checklists, guides, rate sheets, and reference charts. It can be challenging to put a positive, upbeat spin on compliance. Let’s face it, paperwork and codes aren’t the passionate parts of this business. But we all are passionate about our people, our industry’s longevity, and our ability to construct the most complex, enjoyable, and memorable projects out there. To do that, we all must have a handle on the regulations that govern our work. So, whether you need regulatory compliance assistance, help meeting safety requirements, or assistance with a citation, UCON is here to support you! ◆

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APRIL 2021

front

By Mark Breslin, UCON CEO

Dear Industry Leaders, Over the ne t da s, our industr will have an opportunit to put the pandemic behind us. his can be achieved b getting enough of our wor force, and our countr vaccinated to reach herd immunit . ut we face a serious challenge. ecent surve s indicate that onl of construction wor ers are willing to be vaccinated, among the lowest of an US occupation. n our era of social media, signi cant misinformation surrounds the vaccine. While the decision lies with the individual, nowledge is power. We should do ever thing we can to combat misinformation and empower our workforce with fact-based information and transparent communication. To help increase knowledge and support our industry, UCON has created “Roll Up Your Sleeves, an information campaign dedicated to supporting contractors, our teams, and the greater industr with relevant vaccination information. “Roll Up Your Sleeves,” found at VaccinateConstruction.com is where employers, unions, workers, and owner organizations can nd the following industr focused tools • • • • • • •

ailgate opics ths v acts in nglish Spanish CO accine act Sheet in nglish Spanish CO accine A ’s Template Employer Newsletter focused on the COVID Vaccine Template CEO Letter to Employees regarding the Vaccine COVID-19 CA Union Contractor Employer Resources An industr focused vaccination commercial to share with our team and be ond, and more.

lease ta e a moment to visit VaccinateConstruction.com and utilize the industry-tailored resources to help you communicate transparently with your teams about this important moment. Our industry understands big challenges, the importance of safety, and the power of rising up together to overcome obstacles. o succeed together, we must wor together. n closing, toda , as write this, get m rst shot. am not celebrating it, but am hopeful that we are nearing the end of this long and challenging pandemic. have no doubt that we will loo bac on this time for man generations to come. On behalf of the association, m as is that we all nish strong and do what we can to promote health, save lives and move our great industr forward. Sincerely,

Mark Breslin, United Contractors, CEO

W W W.U N I T E D C O N T R AC T O R S . O R G

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2021

C O N S T R U C T I O N : special feature

INDUSTRY

RESOURCES

ROLL UP YOUR SLEEVES

VACCINATECONSTRUCTION.COM United Contractors launched “Roll Up Your Sleeves,” an informational campaign promoting vaccination across the construction industry. This is in response to surveys indicating that the industry has one of the lowest rates of workers willing to be vaccinated in the nation.

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“We understand that some people are unsure about the vaccine and have many questions. Knowledge is power, and we’ve collected everything needed for contractors to have informed discussions with their people about this crucial health and safety issue,” said Emily Cohen, Executive Vice President, United Contractors. “The next 60-90 days are imperative.” “Roll up Your Sleeves” provides a one-stop-shop for contractors, union representatives, and construction workers to get no-nonsense, science-driven, and factbased information about the COVID-19 vaccine. The site contains credible, reliable, and trustworthy information in one place for the construction industry, and includes helpful tools, templates, and resources to facilitate jobsite talks in Spanish and English. “No one understands and values safety like union construction,” said Mark Breslin, CEO of United Contractors. “The vaccine is another critical safety tool for our workforces and our industry. The “Roll Up Your Sleeves” campaign will help our construction workforce get the facts they need to make the best decision.” Combating misinformation and adopting vaccination is a crucial component of individual, jobsite and community safety. It’s also the shortest path for our state’s vital industries to get back to normal. Let’s Roll Up Our Sleeves. Learn more at VaccinateConstruction.com ◆ or more i orm tio co t ct mily ohe o tr ctors ec tive ice Presi e t t

ite

A recent study found the construction industry to be among the least likely to see vaccination. Share the Message on Social Media! The most eﬀective way to increase COVID-19 vaccinations is by sharing accurate information, helpful resources and a positive message. Let your employees, clients and peers know you support COVID-19 vaccination as an important tool to stop the pandemic. Share the website for construction industry vaccine resources and tools: VaccinateConstruction.com Post a positive message on social media. Use the following hashtags: #RollUpYourSleeves #VaccinateConstruction

United Contractors COVID-19 Contractor Resource web page has served and supported tens of thousands of industry professionals throughout this unprecedented pandemic. he oll Up our Sleeves campaign is yet another way UCON ensures that its members and the industry at large are supported with the resources they need.

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APRIL 2021

C O N S T R U C T I O N : special feature

By the Mayo Clinic

INDUSTRY

RESOURCES

VACCINATECONSTRUCTION.COM CO

ACC N S

AC S

Looking to get the facts about the new COVID-19 vaccines? Vaccines to prevent COVID-19 are perhaps the best hope for ending the pandemic. Here’s what you need to know about the diﬀerent vaccines and the beneﬁts of getting vaccinated.

•

NOTE: THE INFORMATION IN THIS ARTICLE IS EXCERPTED FROM THE MAYO CLINIC AND HAS NOT BEEN ALTERED IN ANY WAY. IT IS FACT-BASED. FOR MORE INFORMATION, VISIT UCON’S VACCINATION RESOURCES SITE, VACCINATECONSTRUCTION.COM.

•

What are the BENEFITS of getting a COVID-19 vaccine?

A COVID-19 vaccine might: • Prevent you from getting COVID-19 or from becoming seriously ill or dying due to COVID-19 • Prevent you from spreading the COVID-19 virus to others • Add to the number of people in the community who are protected from getting COVID-19—making it harder for the disease to spread and contributing to herd immunity • Prevent the COVID-19 virus from spreading and replicating, which allows it to mutate and possibly become more resistant to vaccines

What COVID-19 vaccines have been approved and how do they work? Vaccines with FDA emergency use authorization include: • PFIZER-BIONTECH COVID-19 VACCINE. The Pﬁzer-BioNTech COVID-19 vaccine is 95% eﬀective in preventing the COVID-19 virus with symptoms. 12

W W W.U N I T E D C O N T R AC T O R S . O R G

This vaccine is for people age 16 and older. It requires two injections given 21 days apart. The second dose can be given up to six weeks after the first dose, if needed. MODERNA COVID-19 VACCINE. The Moderna COVID-19 vaccine is 94% effective in preventing the COVID-19 virus with symptoms. This vaccine is for people age 18 and older. It requires two injections given 28 days apart. The second dose can be given up to six weeks after the first dose, if needed. JANSSEN/JOHNSON & JOHNSON COVID-19 VACCINE. In clinical trials, this vaccine was 66% effective in preventing the COVID-19 virus with symptoms—as of 14 days after vaccination. The vaccine also was 85% effective at preventing severe disease with the COVID-19 virus—at least 28 days after vaccination. This vaccine is for people age 18 and older. It requires one injection.

Both the Pﬁzer-BioNTech and the Moderna COVID-19 vaccines use messenger RNA (mRNA). Coronaviruses have a spike-like structure on their surface called an S protein. COVID-19 mRNA vaccines give cells instructions for how to make a harmless piece of an S protein. After vaccination, your cells begin making the protein pieces and displaying them on cell surfaces. Your immune system will recognize that the protein doesn’t belong there and begin building an immune response and making antibodies. The Janssen/Johnson & Johnson COVID-19 vaccine is a vector vaccine. In this type of vaccine, genetic material from the COVID-19 virus is inserted into a diﬀerent kind of weakened live virus, such as an adenovirus. When the weakened virus (viral vector) gets into your cells, it o ti

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C O N S T R U C T I O N : special feature

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delivers genetic material from the COVID-19 virus that gives your cells instructions to make copies of the S protein. Once your cells display the S proteins on their surfaces, your immune system responds by creating antibodies and defensive white blood cells. If you become infected with the COVID-19 virus, the antibodies will ﬁght the virus. Viral vector vaccines can’t cause you to become infected with the COVID-19 virus or the viral vector virus. Also, the genetic material that’s delivered doesn’t become part of your DNA.

Do the COVID-19 vaccines protect against the COVID-19 variants? Early research suggests that the Pﬁzer-BioNTech and Moderna COVID-19 vaccines can provide protection against the COVID-19 variants identiﬁed in the U.K. and South Africa. Vaccine manufacturers are also looking into creating booster shots to improve protection against variants.

In clinical trials, the Janssen/Johnson & Johnson COVID-19 vaccine provided protection against severe disease with the COVID-19 virus caused by variants identiﬁed in South Africa and Brazil.

Can a COVID-19 vaccine give you COVID-19?

No. The COVID-19 vaccines currently being developed in the U.S. don’t use the live virus that causes COVID-19. Keep in mind that it will take a few weeks for your body to build immunity after getting a COVID-19 vaccination. As a result, it’s possible that you could become infected with the virus that causes COVID-19 just before or after being vaccinated.

W W W.U N I T E D C O N T R AC T O R S . O R G

Is there anyone who should not get a COVID-19 vaccine?

There is no COVID-19 vaccine yet for children under age 16. Several companies have begun enrolling children as young as age 12 in COVID-19 vaccine clinical trials. Studies including younger children have also begun.

Should t th CO 1 already had COVID-19?

accin

ni ’

Getting COVID-19 might oﬀer some natural protection or immunity from reinfection with the virus that causes COVID-19. But it’s not clear how long this protection lasts. Because reinfection is possible and COVID-19 can cause severe medical complications, it’s recommended that people who have already had COVID-19 get a COVID-19 vaccine. If you’ve had COVID-19, you might delay vaccination until 90 days after your diagnosis. Reinfection with the virus that causes COVID-19 is uncommon in the 90 days after you are ﬁrst infected.

Can I stop taking safety precautions after getting a COVID-19 vaccine?

After getting a COVID-19 vaccine, the CDC recommends that it’s OK for fully vaccinated people to: • •

Visit other fully vaccinated people indoors— without wearing masks or avoiding close contact Visit unvaccinated people from one household who are at low risk for severe illness from COVID-19— indoors and without wearing masks or avoiding close contact o ti e o e

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APRIL 2021

C O N S T R U C T I O N : special feature

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You are considered fully vaccinated 2 weeks after you get a second dose of an mRNA COVID-19 vaccine or 2 weeks after you get a single dose of the Janssen/Johnson & Johnson COVID-19 vaccine. However, vaccinated people should continue to take safety precautions, such as wearing a mask and avoiding close contact (within about 6 feet, or 2 meters) with others, when they are: In public • Visiting people who are unvaccinated and at increased risk for severe illness from COVID-19

• •

Visiting people who have an unvaccinated household member at increased risk for severe illness from COVID-19 Visiting unvaccinated people from many households

Keep in mind that if you’re fully vaccinated from COVID-19, your risk of getting COVID-19 might be low. But if you become infected, you might spread the COVID-19 virus to others even if you don’t have any signs or symptoms of COVID-19. ◆

Share the Message. Spread Awareness. UCON’s Vaccinateconstruction.com website has resource links to inform, including: • CO accine acts • ailgate opics nglish Spanish • accine presentations nglish Spanish • Social Media Toolkit • Union Contractor Employer Resources • uidelines for eld leaders in the industr • COVID-19 Vaccine Printable Key Messages TAILGATE TOPIC

SCAN THIS CODE TO DOWNLOAD A PDF TO SHARE

LA VAC

THE COVID-19 VACCINE

MYTHS vs. FACTS MYTH:

The COVID-19 vaccine will make me sick with COVID-19.

La vac una con tra el CO VID-19 con el O: Una vac me enf CO un ermará actualme VID-19. Nin a contra el de CO gu CO VID-19 vivo qu nte (y en de na de las vac VID-19 no . puede sar e enferma sistem causa el CO rollo) en los unas contra a el VID-19 . Todas Estados Unido COVID-19 usarlo veces inmunológico este pro las a s con das vacuna son no ceso pu reconocer s (dispo tiene el viru y rmales nibles) s y son unaede causar combatir el contra le ens virus el viru eñan a señal qu síntomas, s que tales com que causa nuestro e el cue causa el CO o el COVID rpo est á construla fiebre. Est VID-19. A esttest MYTH: After getting the COVID-19 vaccine,Un I will -19. MITO: udi positive for COVID-19. os sín yendo trabajado o reciente rev Despu una pro tomas resulta eló res do positi és de recibir tecció FACT: None of the recently authorized andson recommended n los me de lavaccines constru que los vo para la nosinpro cción el COVIDvacuna contra HECH nor the other COVID-19 vaccines currently in vac clinical trials the unarse peU.S. nso O: el COVID -19. sa Cambiem Ninguna ni las otr El Conoare .used can cause you to test positive on viral tests,, which see -19, yo os if cimien to tendré de ens as vacunas de las vacuna to es Po esto. un you have a current infection. contra ayos clín s recien der. Con la el resulta vacuna do positi icos en los Est COVID-19 qu temente aut mucha nue orizad infecci e se enc s pregun va surgen as o rec ón act vo en las pru ados Unido uen MYTH: The vaccine will not protect me fác from getting sick with COVID-19. tas tra ual s omend il que ebas vira pu n actual nue . ada me les qu eden causar se difu la información vas, y es e se usa que ust nte en la fas s nda MITO: incorrect rápfrom FACT: The COVID-19 vaccination will Al protect you getting n para ed e idame igual que a La vac ver si ust tenga un nte una no COVID-19: it works by teaching your immune systemcon how to . asunto ed tien HECH me pro s de seg todos los e una tegerá recognize and fight the virus that causesque COVID-19, this urid remos and COVID O: La vacun de enf asegur ad, nosotros ermarm -19 nuestra protects you from getting sick with COVID-19. arnos combat : actúa ens a contra el CO e con fuerza de el eñá ir que VID CO el con la ndole viru VID-19 con el inform laboral cuente a su sis -19 lo proteg . COVID s que causa ación cor tema inm sobre n erá -19 el de COVID la the vaccine.rec . MYTH: I already had COVID-19, I don’t need contra -19; y est unológico COVID vacuna contra ta er el cóm -19 Es o lo pro el MITO: impres you que los .of tege a o reconocer FACT: You should be vaccinated regardless Yo ya cindible trabajwhether usted tuve el com de enf y res pletamdoado COVID HECH already had COVID-19. That’s because experts yetent know ermars iendan entenot -19, yo e por qué qué es no nec ha ten O: Usted de how long you are protected from getting sick again after esito la ido La info es important la vacuna y vacuna por cuá el COVID-19 be vacunars e rm recovering from COVID-19. e indep . nto tiem . Esto los em ación y la ed vacunarse. endiente se debe despu pleado po ust ucació és de s les ayu n de tomar recupera ed estará pro a que los exp mente de la me dar si ya teg rse de misalter decisión án a MYTH: The COVID-19 vaccine will DNA. mos, my jor l COVID ido para qu ertos aún no para ello M sab e -19 trabajam sus familias IT no . en O: La vac se vue y las que s lva a enf todoschange FACT: The COVID-19 mRNA vaccines doosNOT una co los día or interact HE ermar ntra el VaCOVID-19 s. cunaci with your DNA in any way. Instead, vaccines work with CHO: COVID ón =mRNA Las vac -19 camb Lugadevelop Segurid to disease. interactú the body’s natural defenses to safely un r de Tra immunity iará mi ad en bajo contra an con su AD as de ARNm el ADN. el co desarrol COVID-19 tra N de ninguna ntra el CO VID-19 bajan la de ma manera. NO co n las de nera seg cambia En cam fensas n bio ura la naturale , las vacun NI inmun idad a la enfer s del cuerpo as ARNm ¡AYUD medad. para E A DIF

FACT:

A COVID-19 vaccine cannot make you sick with COVID-19. None of the COVID-19 vaccines currently used (and in development) in the U.S. contain the live virus that causes COVID-19. All of the vaccines (available) teach our immune systems how to recognize and fight the virus that causes COVID-19. Sometimes this process can cause symptoms, such as fever. These symptoms are normal and are a sign that the ONOCOVID-19. body is building protection against the virus thatCcauses

ZCA LO S OS:

HECH

GET THE FACTS:

A recent study found construction workers to be among the least likely to seek vaccination. Let’s change that. Knowledge is Power. With the new vaccine comes many new questions, and it is easy for misinformation to spread quickly. As with all safety matters, we want to make sure our workforce is empowered with the right information about the COVID-19 vaccine. It is imperative that workers fully understand what the vaccine is and why it’s important to get vaccinated. Informing and educating employees will help them make the best decision for themselves, their families, and the communities we work in every day. Vaccinations = Jobsite Safety.

EL CO

NOCIM

KNOWLEDGE IS POWER

IENTO

ES PO

UNDIR DE NU ES EL ME NS ORG/CO TRA INDUS TRIA! CO AJE Y A MA VID19 NTENER PARA Informa OBTENE NSULTE UN LA SE ITEDC (FACTS) HELP SPREAD THE WORD AND KEEP OUR INDUSTRY ción SAFE! R MÁS en esta ONTR GURIDAD INFOR página ACTO VISIT UNITEDCONTRACTORS.ORG/COVID19 FOR MORE. de: ww MACIÓ RS. w.cdc.go N. v/co ronaviru

Information (FACTS) on this page from: www.cdc.gov/coronavirus

W W W.U N I T E D C O N T R AC T O R S . O R G

ESCAN EE EST PARA DESCAR E CÓDIGO GAR PARA COMP UN PDF ARTIR

UNA C ON R MITO A EL C S vs. TH OVID-1 9 ECHO MITO: S HECH

DER

Lisa Hu Chen

Build Hope From the Outside In CONTACT US

844 235 7778 www.brightview.com

Landscape Development APRIL 2021

C O N S T R U C T I O N : special feature

INDUSTRY

COMPLIANCE

By Paul V. Simpson, Esq. and Sean R. Broderick, Esq., Simpson, Garrity, Innes & Jaccuzi P.C.

Unique Legal Considerations of Employers Mandating COVID Vaccinations As COVID-19 vaccines become more readily available to the public, pursuant to the U.S. Food and Drug Administration’s (“FDA”) Emergency Use Authorization (“EUA”), many employers are now evaluating whether to implement mandatory vaccination policies. Before doing so, employers should consider the signiﬁcant legal implications of mandating vaccinations as a condition of continued employment. Most of the current debate about mandating vaccinations has focused on the Equal Employment Opportunity Commission (“EEOC”) guidance (issued December 16, 2020) entitled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (available at eeoc.gov). As part of its guidance, the EEOC states that under the Americans with Disabilities Act (“ADA”), an employer can potentially require employees to be vaccinated, but would need to consider making accommodations based on a disability (when the employee has been medically advised not to be vaccinated because of a disability/ medical condition) or based on a sincerely held religious belief. The EEOC has also opined that vaccinations are not medical examinations. However, there are other legal risks for California employers mandating vaccinations, which have not been widely publicized.

Privacy Rights Under California Constitution

Even where an employer’s mandatory vaccination policy may be lawful under federal and state disability law, employers should consider California’s constitutional right to privacy. Courts have found this to be applicable to the workplace, and employers must be aware of state law concerns, especially privacy laws. 18

W W W.U N I T E D C O N T R AC T O R S . O R G

Under Article I, Section 1 of the California , the right of privacy has been extended by the courts to situations where an employer is requiring an employee to obtain some sort of medical treatment. (See Pettus v. Cole (1996) 49 Cal.App.4th 402 [holding that an employee has an “autonomy” privacy right to make decisions about his/ her own bodies and medical treatments].) Arguably, this right may apply to whether an employee can be required to be vaccinated as a condition of employment. If the privacy right applies, an employer potentially could overcome this privacy right if the employer could demonstrate a substantial safety risk if the employee is not vaccinated. However, such a safety risk should be to others,not the employee himself/herself, because the employee can presumably make an informed decision to assume the risk of not being vaccinated. Moreover, there is still no agreed upon medical evidence that being vaccinated protects others. On the other hand, there is medical evidence that using proper personal protective equipment and practicing social distancing can signiﬁcantly reduce COVID-19 transmission risks.

Scope of EUA

Another potential legal impediment to a mandatory vaccination policy is the scope of FDA’s EUA regulations covering the COVID-19 vaccinations that are currently authorized. The EUA regulations provide that individuals receiving the vaccines are informed of “the option to accept or refuse administration of the product….” Some plaintiﬀ attorneys are now arguing that these FDA regulations also prohibit employers from requiring vaccinations. A New Mexico detention center oﬃcer facing possible termination of his employment for refusing a COVID-19 vaccination is now suing Doña Ana County in federal court, asserting that mandating employees to receive vaccines which are not yet fully approved by the FDA violates the federal Food, Drug and Cosmetic Act. In light of the foregoing, California employers must be especially aware of and evaluate these and other important legal considerations before instituting a mandatory vaccination policy. ◆ r im so ssoci te mem er irm re rese ts r cisco sim so s i l

r ro erick re ttor eys ith im so G rrity es J c i P The li or i em loyers h s oﬃces i o th W l t reek They c e re che t com s ro erick s i l com

APRIL 2021

C O N S T R U C T I O N : special feature

INDUSTRY

By UCON’s Labor & Member Services Team

COMPLIANCE

Governor Newsom Signs UCON-Opposed SB 95

New California Supplemental COVID-19 aid Sic eave aw ffective arch Despite strong opposition from United Contractors and our members, SB 95 was signed by Governor Newsom on March 19, 2021. This new law, eﬀective 10 days after enactment, requires California employers with more than 25 employees to provide Supplemental Paid Sick Leave (SPSL) to employees who are oﬀ work for COVID-19 related reasons. Similar to FFCRA and AB 1867, there are no CBA or construction industry waivers. The following are the basics of the new law. UCON has provided additional guidance (available on our COVID-19 web page), and the DIR has created FAQ (https://www.dir.ca.gov/dlse/COVID19Resources/ FAQ-for-SPSL-2021.html).

Effective Dates:

Starting March 29, 2021 (10 days after enactment) through September 30, 2021. However, the requirements apply retroactively to January 1, 2021.

Covered Employers:

4. Experiencing symptoms related to a COVID-19 vaccine; 5. Experiencing symptoms of COVID-19 and seeking a medical diagnosis; 6. Caring for a family member who is subject to an order as in #1 above or advised to self-quarantine as in #2 above; OR 7. Caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises. Leave is available immediately to all employees, regardless of length of employment.

Amount of Leave That Must be Provided: • •

Hourly Pay Rate for Leave: •

California employers with more than 25 employees.

Eligible Employees:

Employees who are unable to work or telework due to one of the following 1. Subject to a federal, state, or local quarantine or isolation order related to COVID-19; 2. Advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; 3. Attending an appointment for a COVID-19 vaccine; 20

W W W.U N I T E D C O N T R AC T O R S . O R G

Full-time employees – 80 hours Part-time employees – amount depends on hours worked

•

Highest of the following – employee’s regular pay rate for the workweek in which they use COVID-19 SPSL, pay rate determined by dividing total wages (minus any overtime) by total hours worked during previous 90 days, state minimum wage, or applicable local minimum wage Capped at $511.00 per day and $5,110.00 per employee (unless a higher cap is speciﬁed by a new federal law)

rin

ts or Union

plo

Not speciﬁed in the law. UCON is working with our union partners to clarify those requirements.

Interaction with Other Leave:

• •

This Supplemental PSL is in addition to and separate from California PSL or any other paid leave provided by the employer. Employers cannot require employees to use other paid or unpaid leave (sick leave, vacation, PTO, etc.) before using or instead of using SPSL. However, for purposes of Cal/OSHA exclusion pay, employers can require employees to ﬁrst exhaust SPSL. If employers already provided other COVID-19 related PSL under another federal or local law that covers the same reasons for leave and provides beneﬁts equal to or greater than those under the new SPSL for leave taken on or after January 1, 2021, the employer may count those hours towards their SPSL requirements under SB 95.

Retroactive Leave Payment:

Wage Statement Requirements:

An employer must list the amount of an employee’s available COVID-19 SPSL on the employee’s wage statement as a distinct line item. The employer must list available COVID-19 SPSL separately from any other available paid sick leave or paid time off. The wage statement requirement became effective the first full pay period after the statute’s effective date of March 29, 2021. ◆

B R AT I N

40 years

LANDSCAPE CONSTRUCTION GENERAL SITEWORK

Employers must provide a notice to employees, which can be sent electronically. The Labor Commissioner has issued the required notice in English.

BAUMAN

Employees that would have been eligible for this leave on or after January 1, 2021 and were not compensated

Notice Requirements:

0-202

•

in a manner equal to or greater than leave provided under SB 95 must be provided with retroactive payment on or before the next payday following the employee’s written or verbal request for the retroactive payment.

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APRIL 2021

C O N S T R U C T I O N : special feature

INDUSTRY

COMPLIANCE

By Christoper Lee, UCON Safety Consultant

UCON SAFETY ALERTS:

COVID-19 RESOURCES A valuable tool for employers is the Cal/OSHA document “COVID-19 Guidance and Resources” which can be accessed at www.dir.ca.gov/dosh/ coronavirus. It contains the following helpful information: The Emergency Temporary Standard (California Code of Regulations (Title 8, Sections 3205 – 3205.4): COVID-19 Prevention Plan Multiple COVID-19 Infections and COVID-19 Outbreaks Major COVID-19 Outbreaks COVID-19 Prevention in Employer-Provided Housing COVID-19 Prevention in Employer-Provided Transportation to and from Work Guidance by Industry Frequently Asked Questions Educational Materials and Other Resources Webinars Another tool provided by Cal/ OSHA is its COVID-19 Prevention Emergency Temporary Standard—Fact Sheets, Model Written Program, and other Resources For links to the above, and for additional information and resources, visit the UCON website under the COVID-19 Resources and select/expand the “COVID-19: Safety, Health & Security Tab” to ﬁnd what you need.

W W W.U N I T E D C O N T R AC T O R S . O R G

Contractors and their safety personnel should be aware of the following issues: COVID-19 resources; eat llness revention and, Outdoor Wor er posure to Wild re Smo e. Additional information is provided regarding UCON’s Safet and nsurance committee the revised UCON ield Accident and nvestigation it and, the UCON Safet andboo .

HEAT ILLNESS PREVENTION With hot weather approaching, contractors and safety personnel are advised to check their programs and make sure they are up to date, available to all personnel, and that documentation of employee training is available. Information, and a ﬁllable model program developed by Cal/OSHA can be reviewed here: www.dir.ca.gov/ dosh/etools/08-006/index.htm.

OUTDOOR WORKER EXPOSURE TO WILDFIRE SMOKE Cal FIRE and other knowledgeable sources are expecting an active wildfire season again this year. Cal/OSHA’s Emergency Temporary Standard is in effect and will be enforced. For additional information including a fillable model program, visit: www.dir.ca.gov/dosh/Worker-Health-andSafety-in-Wildfire-Regions.html

UCON SAFETY AND INSURANCE COMMITTEE—ADVANCING SAFETY UCON’s Safety and Insurance committee meets approximately every six weeks currently via Zoom, until safe to meet in person. The committee is comprised of safety directors, vice-presidents of safety and senior safety personnel from member companies with an average of 25-35 companies participating.

At the February 24th meeting, guests from PG&E’s Digin Reduction Team (DiRT) provided an overview of their excavation safety outreach and education eﬀorts. Their primary mission is to seek better communications with the excavating community and listen to stakeholders on a range of issues. They shared their DiRT map of the various PG&E jurisdictions and the contact information for local managers to facilitate problem solving at the local level. Member company West Valley Construction provided an update on the Dig Safe Board, and James Wingate, Manager, USA North 811, and Gary McIver, Cal/OSHA Consultation Service joined the April 7th meeting and delivered an overview of their operations and organizational structure.

UCON LAUNCHES UPDATED SAFETY PRODUCTS— FREE TO UCON MEMBERS!

At each meeting there is a session on Best Practices. Recently, a representative from JMB Construction discussed precautions that should be followed when earthmoving operations are underway to protect ground personnel such as grade checkers.

UCON’S Sa t and ook has revised and is accessible online

The committee is scheduled to meet next on May 19th via Zoom—contact Julie Hinge, (925) 967-2466, jhinge@unitedcontractors.org to register to attend. ◆

A committee comprised of member companies has reviewed and revised the e isting UCON Safet Handbook. The handbook is accessible to all members via the Contractor esource ibrar . ocating it on the website will facilitate access to superintendents, foremen, and others in the eld as the will be able to use their electronic devices to review sections applicable to their operations.

UCON’S i ld Accid nt and Investigations Resource

UCON’s ield Accident and nvestigations it has been evaluated and revised, and is now available to all members in the Contractor Resource Library as a product.

Find UCON Member-Only Products in our NEW Contractor Resources Library

Contract Drafting, Review and Negotiation Trial and Arbitration Claims, Dispute Resolution and Mediation Bid Protests Collection

Tel: (650) 691-2888 Fax (650) 691-2889 www.lrconstructionlaw.com

Contact: A. Robert Rosin Janette G. Leonidou

Leonidou & Rosin 777 Cuesta Drive | Suite 200 Mountain View, California 94040

APRIL 2021

update

CARB

By Tony Dorsa, UCON Regulatory Consultant

Looking Ahead: 2024—Upgrade? or Downsize? As the California Air Resources Board (CARB) In-Use Oﬀ-Road regulation currently stands, Medium (2501-4999 HP) and Large (5000+ HP) Oﬀ-Road Fleets are facing a compliance dilemma.

Average is where they are now, and Target is where they must be emissionswise at the dates indicated. Looking at these tables, it’s important to note that ﬂeet emissions must be reduced by 60% in the one case, and by 48% in the other.

Fleets have been able to retain older, Tier 0, 1 and 2 units by applying accumulated fleet BACT Credits each year and/or retiring 10% of fleet horsepower each year to meet compliance requirements. At the end of 2023 and prior to the 2024 CARB reporting period, accumulated BACT Credits will disappear. Only credits for the previous year will remain. What this means is that fleets which are utilizing past fleet reduction credits to retain older, pre-Tier 3 equipment will no longer be able to do so, or, at best, only on a very limited basis. Coupled with the much lower emissions targets CARB has imposed for 2023 and beyond, most fleets will be unable to meet compliance standards in 2024 utilizing their current fleet make-up. At the top of the next page are emissions tables from compliance snapshots of two of UCON member fleets.

Small Fleets (2500 HP and below) do not have to meet the more stringent emissions target levels until Jan. 1, 2028 in most cases.

SO, WHAT DO WE DO? Initially, remember that the Off-Road regulation is based on overall fleet emissions averages, and is designed to encourage turnover of older equipment and replacement with newer, cleaner units. Also as a reminder, in addition to contractors’ “yellow iron” equipment, the off-Road regulation includes twoengine rigs as defined in the regulation. These include Vac Trucks, Concrete Mixers & Pumpers, Drill Rigs, Guardrail Post-Drivers, and some Truck Cranes and Boom Trucks, depending upon configuration. With the elimination of the BACT Credits, Tier 0, Tier 1 and Tier 2 equipment will adversely affect compliance. For every Tier 3 unit in the fleet, a Tier 4 Final of similar or greater Horsepower must be present to offset the fleet emissions levels. Obviously, this can only be achieved at great cost, assuming available Tier 4 manufacturers’ inventories.

San Francisco’s General Contractor of Choice (415)404-8997 • ESTIMATING@HOSELEY.COM 24

W W W.U N I T E D C O N T R AC T O R S . O R G

Recent analysis by UCON and our partners at the Construction Industry Air Quality Coalition (CIAQC),

Below are emissions graphs from compliance snapshots of two of UCON member fleets. Average is where they are now, and Target is where they must be emissions-wise at the dates indicated. Fleet Target and Average Emission Rates (g/bhp-hr) January 1, Year

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

Target

6.4

6.0

5.5

4.9

4.4

3.8

3.3

2.7

2.2

1.9

Average

4.7

4.3

4.2

3.7

3.2

Fleet Target and Average Emission Rates (g/bhp-hr) January 1, Year

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

Target

6.3

5.9

5.4

4.8

4.2

3.6

3.1

2.5

1.9

1.6

Average

4.7

4.5

4.0

3.5

3.3

indicates the cost the required replacements and/or by Note that of fleet emissions must be reduced additions to contractor fleets throughout California will other. exceed $10B—imagine what the debt-service on these machines will be (assuming financing is available). Also imagine the effect on Company Balance Sheets, DebtStructure, and the corresponding Bonding Issues that will result. Companies should analyze fleet make-up to determine which equipment is essential, necessary, or nice-to-have. Retirements and Sales may now come sooner rather than later. Older equipment rusting or sitting in the back-end of the equipment yard brings no revenue. By 2023 you will not be able to utilize it for CARB BACT credits either. Incentive Programs, such as Carl Moyer, administered by Local Air Districts remain available for replacements, but the criteria must be met, and not all companies or equipment qualify. To date, CARB has

3.3

been in silent this point. A portion 60% theon one case, and by 48%ofinFunds the generated in the CARB GHG emissions credits auction program could be utilized to incentivize equipment upgrades and replacements for contractors. Not likely, but UCON and CIAQC are currently in discussions with CARB involving this.

Consider Re-Powering older equipment that is expensive or financially prohibitive to replace. DualEngine Scrapers come to mind in this context. I know of one company’s program to systematically re-power the old CAT REX compactors in the fleet. Any other essential specialty equipment should be considered for this approach. Many companies are replacing older units with new, smaller equipment that will perform similar functions more efficiently and at lower operating costs. Hybrids and non-diesel units fit this profile as well. As mentioned above, determine your essential and necessary equipment needs and inventory. Work leaner and more efficiently. This reduces fuel costs as well. Then, plan to buy the Tier 4 Equipment that you must. Develop your plans sooner rather than later. Do not be the company that discovers in Jan. 2023-2024 that it will cost them $3M-$5M or more to remain in business as a CARB-compliant entity. ◆

UCON Offers Assistance for Members eep up to date on UCON’s egulator webpage. UCON remains committed not onl to advocating on behalf of the industry, but assisting you on a 1-1 compan level. or uestions related to our e uipment compliance, or general CA uestions, contact UCON’s egulator Consultant, on orsa at 649-4383, ConsultingTD@aol.com. APRIL 2021

LABOR

By UCON’s Labor & Member Services Team

Skilled & Trained Workforce Do You Know What’s Required?

What is the skilled and trained workforce requirement?

Since 2016, state law has required the use of a “Skilled and Trained Workforce” on certain types of projects: best value, design-build, and lease-leaseback (for schools). Projects can be either public works or private. All contractors must employ workers on these projects who meet the Skilled and Trained Workforce (STW) standards. This means that all of these workers must either be “skilled journeypersons” or apprentices registered with a California Division of Apprenticeship Standards (DAS) approved apprenticeship program.

Skill d ourn

•

p rson is d

n d as a work r who ith r

Has graduated from an apprenticeship program for the applicable occupation that was approved by the DAS, or

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•

a program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor; OR Has been employed as a journeyperson and has at least as many hours of on-the-job experience in an applicable occupation as would be required to graduate from a DAS-approved apprenticeship program for that occupation.

As of January 1, 2020, 60% of skilled journeypersons on the project must be graduates of a DAS-approved apprenticeship program, except for the crafts identiﬁed in Public Contract Code Section 2601 that remain at 30% (which includes Operating Engineers, Cement Masons, Carpenters, and Piledrivers). The Laborers also have special rules applicable to journeypersons who began work prior to the establishment of the apprenticeship program. The percentages apply to these crafts in both Northern and Southern California.

How is the STW requirement enforced?

The Labor Commissioner (DLSE) has been responsible for monitoring and enforcement since January 1, 2019. There are requirements for monthly reports from awarding bodies, payment withholding limits and requirements, and potential monetary and civil penalties and bidding restrictions on contractors who are out of compliance, as well as contractors whose subcontractors are out of compliance. Contractors who are found to be out of compliance are ﬁrst given an opportunity to become compliant, but contractors cannot aﬀord to lag behind in awareness or preparation on these types of projects.

Where can I get more information? •

iddin on has

•

Eﬀective January 1, 2021, public agencies are required to include a notice in all bid documents and construction contracts when the use of a skilled and trained workforce is required. However, all contractors—especially subcontractors—need to be vigilant in researching before bidding whether or not projects fall under these requirements.

•

ow do know i a pro ct ’ STW requirements?

UCON’s Skilled & Trained Workforce Guide, which provides detail on these laws, information on the diﬀerent union programs, and a question and answer section. This guide is available to our contractor members in the Contractor Resources Library on the UCON website. The DIR Public Works Contractors page (https:// www.dir.ca.gov/Public-Works/Contractors. html) has links to a summary of Skilled & Trained Workforce Statutes, and FAQ on the requirements that contain greater detail on reporting and enforcement. Please feel free to reach out directly to the Labor & Member Services team at (925) 855-7900 with any questions you may have. ◆

Does my current workforce comply with the requirements?

Experienced journeypersons should meet the criteria for “b” above. However, a large number of the heavy and highway trades have not graduated from apprenticeship programs. As a result, many crafts have created advanced or accelerated apprenticeship programs to accommodate this requirement. The programs vary per craft, but most require the completion of some assessments and some classwork, along with hours of on-thejob experience while enrolled in the program for several months. UCON strongly recommends that contractors who have not done so already encourage their journeypersons to enroll in these advanced apprenticeship programs immediately as space is limited.

UCON’s Member-Only Contractor Resources Library is all NEW and features intuitive filtering to find what you need fast!

APRIL 2021

LABOR UCON QUARTER PAGE SIZE: 3.625” x 4.75” APRIL 2021 ISSUE ART DUE: 3-3-21

By Eric Rood, DAS Chief

California Apprenticeship Annual Exemption on Public Works Does your construction company employ apprentices on all projects? If so, your company may be eligible for an annual apprenticeship exemption. The exemption is available for any company employing apprentices on a full-time basis. This exemption allows contractors ﬂexibility in deploying apprentices to any project without fear of meeting a speciﬁc apprentice ratio requirement. Construction companies instead provide an exemption letter signed by the Division of Apprenticeship Standards (DAS) Chief for work performed on any state public works projects. This allows contractors to comply with Labor Code requirements on small emergency repair projects, as well as task orders arising from master service agreements.

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W W W.U N I T E D C O N T R AC T O R S . O R G

In order to qualify for this project exemption, DAS will need to verify the past 12 months’ payroll data to determine that the employer employs apprentices at a minimum of 16.7% for all hours worked. Once DAS veriﬁes the payroll data, the DAS Chief will sign an exemption letter good for one year from the date of the letter. This exemption letter can be presented to any public owner or interested party, showing the contractor is in compliance with state apprenticeship laws. The contractor can reapply for the exemption each year. If you are interested in learning more about this exemption, contact DAS at das@dir.ca.gov. ◆ ric Roo is the hie o the li or i ivisio o A re ticeshi t r s the ecret ry o the li or i A re ticeshi o cil the r lem ki thority or re ticeshi l s

UCON’s a or r S r ic s T a answers many questions relating to labor compliance. Have a question? Email them today at memberinfo@unitedcontractors.org.

Choose U-Rock for Your Sewer Cleaning and Inspection Equipment We’re on your side. Supporting you from demo to after-sale support. Long-term reliability. Building partnerships that last a lifetime. 35 years of experience. Connecting you with top tier equipment.

Contact information https://www.urockutility.com/ info@urockutility.com 916-294-7693 11355 Folsom Blvd, Unit F Rancho Cordova, CA. 95742

APRIL 2021

LABOR

2021 FFC WEBINAR SCHEDULE APRIL 15, 2021 (THURSDAY) – ONLINE

FREE WORKSHOPS FROM FFC

Co-hosted with the California State Labor Commissioner’s Office

The Foundation for Fair Contracting (FFC) is kicking off its twentieth annual conference series, offered online again in 2021 due to the current travel and social distancing requirements. The conferences provide an overview of the prevailing wage system including current regulations and pending legislation, with speakers from both State and Federal organizations. A perfect opportunity to train new hires or a refresher for seasoned staff—free to all contractors in the public works industry. Registration for all webinars can be found at www.ffccalifornia.com/ registration-handouts. FFC is also available to conduct prevailing wage/labor compliance training workshops at your company. FFC provides individualized assistance based on your group’s needs. Visit www.ffccalifornia.com or call (916) 487-7871 to register for a conference or to schedule your personalized training session.

Prevailing Wage/Labor Compliance Workshop JUNE 10, 2021 (THURSDAY) – ONLINE

Co-hosted with the California State Labor Commissioner’s Office

Prevailing Wage/Labor Compliance Workshop JULY 15, 2021 (THURSDAY) – ONLINE

Co-hosted with the California State Labor Commissioner’s Office

Prevailing Wage/Labor Compliance Workshop SEPTEMBER 16, 2021 (THURSDAY) – ONLINE

Co-hosted with the California State Labor Commissioner’s Office

Prevailing Wage/Labor Compliance Workshop OCTOBER 14, 2021 (THURSDAY) – ONLINE

Co-hosted with the California State Labor Commissioner’s Office and the San Francisco Office of Labor Standards Enforcement

Prevailing Wage/Labor Compliance Workshop

SKILLED, TRAINED, SAFE

Laborers’ International Union of North America

LIUNA’s Training & Apprenticeship Program demonstrates a commitment to providing safe and skilled workers to Northern California’s construction industry. LIUNA members undergo rigorous hands-on and classroom instruction that results in skilled labor that gets the job done right the first time. In 2020, LIUNA’s commitment to training and apprenticeship in Northern California included:

270,920

HOURS OF TRAINING

1,373

CLASSES PERFORMED

www.norcaltc.org 30

W W W.U N I T E D C O N T R AC T O R S . O R G

922

APPRENTICESHIP GRADUATES

17,373

STUDENTS TAUGHT

Oscar De La Torre Northern California District Council of Laborers (925) 469-6800 www.ncdc-laborers.org

EXCAVATION OF SOIL IS DANGEROUS WORK and can lead to severe injuries and even death if the excavation process is not properly addressed. National Trench Safety has a full complement of excavation support systems as well as engineering and training services to ensure you have the equipment needed to perform the job safely and effectively.

RENTALS SALES ENGINEERING TRAINING

“THE TRENCH & TRAFFIC SAFETY SPECIALISTS”

SERVICE

FOR MORE INFORMATION CALL (888) 234-9244 WITH A NATIONWIDE BRANCH NETWORK, WE’RE WHERE YOU NEED US TO BE

www.ntsafety.com APRIL 2021

up Professional Development - April 2021 The UCON Board of Directors invites you to invest in your people. Professional development programs FREE to members for 2021. Encourage your teams to take advantage of this exclusive UCON member benefit. The April classes are shown below, and a full-class schedule is enclosed in this issue. Stay on top of additional classes and seminars—visit unitedcontractors.org/calendar for the very latest.

APRIL 1 Advanced Business Writing for Professionals OUT

Thursday, April 1; 2:30pm-4:30pmLD SO Instructor: Rae Ann Ianniello, Chabot-Las Positas Community College Class Style: Interactive | Class Limit: 25 (2 tickets per company) If you write frequently, you already know the basics. But could you write more clearly and concisely? Would you like to get better results? If so, then this interactive workshop is for you. Who Should Attend: Anyone who knows the basics of writing but wants to learn how to be more clear and concise. ___________________________________________

APRIL 8 Writing Effective Email

Thursday, April 8; 2:30pm-4:30pm OUT D Instructor: Rae Ann Ianniello, Chabot-Las Positas L SO Community College Class Style: Interactive | Class Limit: 25 (2 tickets per company) Do you spend too much time writing and responding to email? Learn how to plan, organize, write, and edit messages to get the results you want. Who Should Attend: Anyone who wants to improve their email writing.

32 W W W . U N I T E D C O N T R A C T O R S . O R G

APRIL 15 Writing Effective Reports & Proposals Thursday, April 15; 2:30pm-4:30pm Instructor: Rae Ann Ianniello, ChabotSOLD Las Positas Community College Class Style: Interactive | Class Limit: 25 (2 tickets per company)

OUT

Do you find writing reports or proposals time-consuming or frustrating? Learn how to organize information to make your documents easier to write AND read. Who Should Attend: Anyone who writes reports and proposals. ___________________________________________

APRIL 22 Winning Work

Thursday, April 22; 2:30pm-5:00pm Instructor: Craig Atkinson, The Walsh Group Class Style: Webinar | Class Limit: Unlimited When it comes to pitching to a customer on complex construction projects, WHAT DOES IT TAKE TO WIN? This workshop focuses on the key strategies to winning work in an interview setting as a provider of construction services. Who Should Attend: Those who regularly participate in client-facing interviews in pursuit of new work.

For complete course information and to register, visit us online: UNITEDCONTRACTORS.ORG (select “Calendar” in the Quicklinks menu).

APRIL 27 Who is Required to Comply with Federal Motor Carrier Safety Regulations Tuesday, April 27; 1:00pm-2:00pm Instructor: Dave Helge, Idealease Class Style: Webinar | Class Limit: Unlimited By attending this class you will be able to determine if your fleet operations are subject to INTERstate or INTRAstate motor carrier safety regulations.

Concrete When You Need It!

Who Should Attend: Managers of drivers who operate commercial motor vehicles.

Visit UNITEDCONTRACTORS.ORG to see full class schedule (booklet also included within this issue) or go online to register—click on “Calendar” on the homepage. If you have any questions regarding UCON’s Professional Development classes, contact Angelica Gouig, Senior Event Coordinator, (925) 362-7309, agouig@unitedcontractors.org.

Servicing MArin County and San Francisco

San Francisco HRC LBE/SBE Certified License #372478 A, C-27 San Francisco CA PH: 415-447-4800 FAX: 415-447-4258 www.baumanland.com

APRIL 2021

CKET

Thank You to UCON’s 2021 Annual Sponsors

With the support of UCON’s Annual Sponsors, we are able to continue to create high value with our 3 color left chest ABOVE POCKET -chrome yellow development courses, special series and upcoming events. -white underbase -black 4" wide

3 color left chest ABOVE POCKET -chrome yellow -white underbase -black 4.23" wide

DM Z ®

Still Growing landscape construction landscape maintenance landscape architecture erosion control design build

34 W W W . U N I T E D C O N T R A C T O R S . O R G

UCON’s 2021 INSPIRING LEADERSHIP SERIES UCON’s popular series returns! This high-impact program inspires your leaders—whether they are working in the field or the office, answering phones, managing a project, running a department, or the overall business, everyone will gain new insights—uplifting themselves and their organizations. The Inspiring Leadership Series gathers nationally recognized experts who provide actionable strategies and inspire leadership. THIS SERIES IS FREE to both Contractor and Associate members, as well as industry professionals, and is sponsored by UCON’s 2021 Annual Sponsors.

From Battlefield to Boardroom

Speaker: John O’Leary, Burn Victim Survivor

Speaker: Lieutenant General Ronald L. Bailey, USMC; First African American to Command the 1st Marine Division

WEDNESDAY, JUNE 16; 2:30pm-3:30pm

WEDNESDAY, AUGUST 18; 2:30pm-3:30pm

Expected to die, John O’Leary now teaches others how to truly live. In 1987, John was a curious nine-year-old boy. Playing with fire and gasoline, he created a massive explosion in his garage and was burned on 100% of his body. Given less than 1% chance of survival, John is proof of the power of the human spirit. Be inspired for lessons of life and taking action for yourself. ___________________________________________

Ron will talk about a combat philosophy and its applicability in today’s boardroom. You will learn how to reshape your organization based on the following eight guiding principles: Intellectual Innovation, Boldness, Trust, Integrity, Teamwork, and Surprise, and how it can improve your organization. You will leave with a different model of thinking in an uncertain environment. __________________________________________

SPEAKER SERIES

The Power of ONE: How One Attitude, One Action and One Person Can Change the World

Mastering the Art of Feedback

Speaker: Julie Zhuo, Former VP of Product Design, Facebook WEDNESDAY, JULY 21; 2:30pm-3:30pm Feedback makes all the difference. Engagement. Retention. Performance. But for many leaders, managers and employees, one of the most stressful situations can be the giving and receiving of feedback. When done well, feedback can help people improve and thrive in a position. When done poorly, feedback can create a culture of tension or defensiveness. Using stories from her experience in Senior Leadership at Facebook, she provides actionable takeaways that can improve the experience for both parties

Countdown to Teamwork: Guarding Against a “Normalization of Deviance”

Speaker: Mike Mullane, Astronaut WEDNESDAY, SEPTEMBER 15; 2:30pm-3:30pm Insights from the heavens comes with Mike’s story as an Astronaught. His lessons from space exploration and the Challenger explosion will motivate you; push your practice of teamwork: guard against a “normalization of deviance,” and enhance responsibility, trust, self-leadership, and courageous team leadership.

By Denise Ramirez, Online Services Manager, Scholarship Committee Liaison

UCON’s 2021 Scholarship Awards Accepting Applications Through May 7th!

Apply now for one of UCON’s Scholarship Awards! You are eligible if you meet ONE of the following criteria: •

You are an employee, spouse, or dependent (of an employee) of a UCON member company and attending any 2 or 4 year accredited college or university with a cumulative 3.0 GPA (all majors may apply).

OR • You are a California college student majoring in Civil Engineering or Construction Management with a cumulative 3.0 GPA. Since 1994, UCON has awarded over $500,000 through its Scholarship Awards Program. The deadline to apply is Friday, May 7th, 2021. (winners announced in July). For more information, contact Denise Ramirez at (925) 362-7308 or dramirez@unitedcontractors.org. ◆

UCON Scholarship Winner, 2018, Sarah Condon, Preston Pipelines, Inc.

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APRIL 2021

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T: (510) 656-2840 • www.Chrispco.com

38 W W W . U N I T E D C O N T R A C T O R S . O R G

helping you... to promote positive industry change expand your market settle disputes and grievances respond to any safety question with a dedicated COVID-19 web page–viewed by 20,000+ advocate with local and state agencies with professional, technical and leadership development coach up your PMs handle cal/osha citations with regulatory assistance partner with labor unions professionalize your field leaders solve your human resource questions build your talent promote jobsite safety with a COVID-19 Zero Tolerance Campaign advocate for infrastructure funding increase productivity with free products network and market your company save money on workers compensation insurance save money on substance abuse testing with a full-time member support team to be the most effective, profitable and successful contractor you can be unitedcontractors.org | (925) 855-7900

UCON APRIL ANNIVERSARIES United Contractors would like to take this opportunity to recognize and thank the following companies who are celebrating their anniversary of membership with our organization in April: 27 YEARS – 1994 Contractor Member: Nada Pacific 42 YEARS – 1979 29 YEARS – 1992 Cal Terrasas Associate Member: Contractor Member: Rinker Materials Conco-West, Inc. Associate Member: Concrete Pipe Division Mike DeRousse Org Metrics Cheryl Street Sue Dyer

31 YEARS – 1990

Associate Member: Volvo Construction Equipment & Services Rick Wolﬀ

30 YEARS – 1991 Contractor Member: D’Arcy & Harty Construction, Inc. Mike D’Arcy

28 YEARS – 1993

Contractor Members: Bauman Landscape and Construction, Inc. Mike Bauman

26 YEARS – 1995

Western Stabilization Ashley Jeﬀery

Zurich North America Surety Brad Espinosa

Associate Members: Sweeney, Mason LLP Joseph Sweeney, Esq.

25 YEARS – 1996 Contractor Members: O’Grady Paving, Inc. Tom O’Grady Steelhead Constructors, Inc. Kevin Ramstrom

akersfield, CA akersfield, CA 61.387.6090 61.387.6090 orona, CA orona, CA 51.277.7620 51.277.7620 resno, CA esno, CA 59.834.4420 59.834.4420 acramento, CA acramento, CA 16.504.2300 16.504.2300 an Diego, CA an Diego, CA 19.441.3690 19.441.3690 an Leandro, CA an Leandro, CA 10.357.9131 10.357.9131 urlock, CA rlock, CA 09.410.6710 09.410.6710

24 YEARS – 1997

Performance. Productivity. Productivity. Power. Power. Performance. You can can have have itit all. all. You

Corona, CA

S_UnitedConst_4x2.5smartfuel_4.indd 1 S_UnitedConst_4x2.5smartfuel_4.indd 951.277.7620 1

1/18/17 2:48 PM 1/18/17 2:48 PM

Fresno, CA 559.834.4420

San Diego, CA 619.441.3690

Turlock, CA 209.410.6710

www.vcesvolvo.com Performance. Productivity. Power. You can have it all.

40 W W W . U N I T E D C O N T R A C T O R S . O R G www.vcesvolvo.com

Contractor Member: Oak Grove Construction Doug Hamilton Associate Members: International Fidelity Insurance Company Lori Bosshart Rain for Rent Larry White

15 YEARS – 2006

Contractor Member: Mike Brown Electric Co. James Brown

14 YEARS – 2007

REM (Revel Environmental Manufacturing, Inc.) Marcel Slone

22 YEARS – 1999

San Leandro, CA 510.357.9131

19 YEARS – 2002

Vulcan Materials Co., Western Division David Jordan

S & S Trucking Frank Sanchez

Sacramento, CA 916.504.2300

Knife River Construction - Stockton Greg Silva

Associate Member: J.S. Cole Company Peter Almlie

Associate Members: Corrpro Companies, Inc. Susana Medellin

Bakersfield, CA 661.387.6090

Contractor Members: Allen A. Waggoner Construction, Inc. Rocky Myers

Associate Members: Herc Rentals Inc. Mark Hobson

23 YEARS – 1998

ww.vcesvolvo.com ww.vcesvolvo.com

21 YEARS – 2000

Contractor Member: Gordon N. Ball, Inc. Hal Stober

Contractor Members: Team Ghilotti, Inc. Kevin Ghilotti

Trinet Construction, Inc. Nora Hickey

11 YEARS – 2008 Associate Members: California Bank of Commerce Colleen Atkinson DHE Inc. Concrete Equipment Co. Scott Humphrey Lockton Companies, LLC Jeﬀ Prevost

Rogers Joseph O’Donnell Joe McGowan

PIRTEK San Leandro Daniel Currid

The Guarantee Company of North America Kevin Chambers

4 YEARS – 2017

8 YEARS – 2013

Contractor Members: Alta Group, Inc. Glenele Obernich

Contractor Members: Bay Area Concretes, Inc. Jonathan Vasquez

AMPCO North, Inc. Linda Vitta

KDW Construction, LLC D.J. Woods

Contractor Members: APB General Engineering Alfred Lee

6 YEARS – 2015

Contractor Member: Bay Area Traffic Solutions Rafael De La Cruz

5 YEARS – 2016

Associate Members: Berkley Managers Insurance Services, LLC/ Berkley Environmental Lynn Sauer

3 YEARS – 2018

Moreno Trenching, Ltd. Jon Moreno QLM, Inc. Darrell Qualls, Jr.

2 YEARS – 2019

Contractor Members: Liffey Electric, Inc. Patrick (Paddy) White

Sturgeon Electric California LLC Kevin Nelsen

William A. Guthridge & Son, Inc. Richard Lee Guthridge

Teichert Utilities Tom Griﬃth

Associate Member: DirtMarket LLC Rob Trujillo

Teichert Waterworks Tom Griﬃth Traffic Management, Inc. (TMI) Fernando Soriano

1 YEAR – 2020

Contractor Member: Daleo Inc. David Levisay

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Learn more at thehartford.com/bonds.

Business Insurance Employee Benefits Auto Home

Representing the Bay Area in Construction Contract Disputes and Collection Matters, Employment Law and Labor Relations, Business Law, Estate Planning, and Real Estate Law. Joseph Sweeney Roger Mason Kurt Wilson Stuart Schmidt Christoper Olson Romin Thomson Scott A. Mangum David Lee Rachael Brown Bill Stanger Bill Kaufman Jon Robb Liudmyla (Mila) Balke

jsweeney@smwb.com rmason@smwb.com kwilson@smwb.com sschmidt@smwb.com colson@smwb.com rthomson@smwb.com smangum@smwb.com dlee@smwb.com reb@smwb.com wstanger@smwb.com wkaufman@smwb.com jrobb@smwb.com mbalke@smwb.com 983 University Avenue, Suite 104C Los Gatos, CA 95032

(408) 356-3000 sweeneymason.com

APRIL 2021

CALL

LAST

Welcome to the NEW UnitedContractors.org

Serving union contractors’ needs is our mission at United Contractors. And we are always looking for opportunities to improve our services and support. With this in mind, we’ve recently redesigned and upgraded the UCON website, UnitedContractors.org, to better support you and your teams. Our new website has:

CALENDAR Register for a class, join a committee meeing, attend an event

]

QUICKLINKS TAKE YOU WHERE YOU NEED TO GO CONTRACTOR RESOURCES LIBRARY Easier to navigate through checklists, forms, templates and more

COVID-19 RESOURCES Access all the relevant COVID-19 resources; visited by over 20,000

Log-in and experience the new UnitedContractors.org UCON members: reconnect your website log-in today to take advantage of our members-only features! 42 W W W . U N I T E D C O N T R A C T O R S . O R G

MEMBER DIRECTORY Your industry partners are here– search by specialty

A CALL FOR HELP... ANSWERED. When an emergency hits and your customers are counting on you… you can count on Ferguson Waterworks. Our Bay Area professionals are dedicated to providing service and solutions to customers in urgent situations. We can help you resolve critical challenges with our vast inventory of waterworks products and knowledgeable associates. No matter where you are in the Bay Area, Ferguson Waterworks is there to help you with what you need, when you need it. Hayward (510) 786-3333 (510) 566-6536 – 24hr Emergency

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Find the closest waterworks location near you by visiting FERGUSON.COM/WATERWORKS

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Flexible payment options + Cat CVA + First-in-class service and support = The right time to call 844-349-4353, or visit us online at petersoncat.com/bcpoffer *Offer valid from February 1, 2021 through July 31, 2021 on new small and compact Cat® machines sold by Peterson Cat. Purchase must occur during offer period. Offer subject to machine availability and credit approval by Cat Financial. Not all customers will qualify. Payments based on 60-month loan. The offered Cat Customer Value Agreement (CVA) includes 3 maintenance parts kits (exception: small wheel loader includes 6 kits); TA1 equipment inspection; Product LinkTM; and a 3-year/3,000-hour Powertrain, Hydraulics and Technology Equipment Protection Plan (EPP); and final drive oil only for compact track loaders and mini excavators. The maintenance parts cover the first 1,500 hours^ (estimated 3 years, ^3,000 hours for small wheel loader) of machine utilization. The kit contains one set of parts for regular planned maintenance under normal operating conditions. In some severe applications where maintenance parts need to be replaced more frequently, additional parts will be at customer’s expense. Offer excludes additional maintenance parts, dealer labor, wear parts, S·O·SSM and fluids. Payments do not include taxes, freight, set-up, delivery, document fees, inspections, additional options or attachments. Offer may change without prior notice and cannot be combined with any other offers. Additional terms and conditions may apply. P233_0121 ©2021 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, LET’S DO THE WORK, their respective logos, “Caterpillar Corporate Yellow,” the “Power Edge” and Cat “Modern Hex” trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.