J U LY 2 0 2 2 | I S S U E 7 / V O L U M E 2 2 8 W W W.U N I T E D C O N T R AC TO R S . O R G
Team Up for Safety SPECIAL SAFETY EDITION: UCON’s Safety Award Winners Health & Safety Updates Best Practices to Improve Your Safety Rating
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magazine
UNITED contents CONTRACTORS
JULY 2022
I S S U E 7, V O L U M E 2 2 8
2022 UNITED CONTRACTORS BOARD OFFICERS
President ...................Joe Sostaric, The Conco Companies VP/President-Elect ...Ron Bianchini, Preston Pipelines, Inc. Secretary/Treasurer . Christi Plum, P C & N Construction, Inc. Sec/Treas-Elect...............Dale Breen, Midstate Barrier, Inc.
UNITED CONTRACTORS BOARD OF DIRECTORS Juan C. Arrequin, Bay Line Cutting & Coring, Inc.; Tom Barr, Ghilotti Bros., Inc.; Bryn Burke, Dees Burke Engineering; Steve Concannon, Pavement Recycling Systems, Inc.; Teresa Dias, Peterson Trucks, Inc. Greg Goebel Jr., Goebel Construction, Inc.; Kevin Hester, McGuire and Hester; Kurt Kniffin, Stacy and Witbeck, Inc.; Tony Naranjo, J&M Concrete Contractors; Jeff Peel, Steve P. Rados, Inc.; Greg Silva, Knife River Construction; Keary Sullivan, F & M Bank
UCON LEADERS United Contractors Committee Chairs Associates: Keary Sullivan (Associate Director), F & M Bank; Teresa Dias (Associate Director-Elect), Peterson Trucks, Inc. | 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, Harbor Linx, Inc. | 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, Vice President of Labor Relations; Clay O’Neal, Regional Vice President, Southern CA Operations; Dave Jenkins, Contractor Services, Southern California; Ruby Varnadore, Labor Contracts Manager; Lucia Mixon, Senior Labor & Member Services Specialist; Ann Danen, Labor & Member Services Specialist; Sandra Kaya, Administrative Specialist; Sue Weiler-Doke, Labor Relations Consultant; Melissa Gutwald, Director of Finance & Operations; Denise Ramirez, Online Services Manager; Emmy McConnell, Senior Accountant; Michelle Hannigan, Bookkeeper; Angelica Gouig, Education Manager; Christine Traina, Events Manager; Marissa Miller, Marketing & Communications Manager; Michelle Vejby, Publications Manager; Eddie Bernacchi, Legislative Advocate; Christopher Lee, Safety Consultant; Tony Dorsa, CARB Consultant
6 UP Front
Safety Moves the Industry Forward By Joe Sostaric, The Conco Companies, UCON 2022 President
8 LABOR
UCON Negotiations Update
By Victor Sella, Vice President of Labor Relations
Mid-Year HR Updates
By Ruby Varnadore, PHR, Labor Contracts Manager
14 LEGAL
Compensation for Training
By Paul V. Simpson, Esq., and Marc Jacuzzi, Esq., Simpson, Garrity, Innes & Jacuzzi P.C.
16 C O N S T R U C T I O N
SAFETY
INDUSTRY’S #1 PRIORITY
RECOGNIZING EXCELLENCE, AWARENESS & LEADERSHIP IN SAFETY
2021 Winners
38 FACES
UC N’s earless ield Leader
More Inside: 36 42 44 46
Cover Image: Project Photo Courtesy Stacy and Witbeck, Inc. 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 office at the above address, by 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 Ramon, CA and other offices. Postmaster: Send address changes to: United Contractors Magazine, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583. © 2022 Published in the U.S.A.
R.E.A.L. Safety awards program
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unitedcontractors.org J U LY 2 0 2 2
5
front
By Joe Sostaric, The Conco Companies UCON 2022 President
Safety Moves the Industry Forward
Every company that I have worked for had protocol to be followed when an accident or serious injury occurred. Key departments and/or individuals like safety, risk management, and senior management were to be notified about the occurrence. I was often on this communication list, and every time I received one of these calls, my reaction was the same—I immediately developed a knot in my stomach and became more religious, praying that it was minor equipment damage, and no one was hurt. Unfortunately, this was not always the case.
All Work Done to Your Satisfaction and On Time
There have been instances where the accident resulted in serious injury to a person. When this occurred, what could have been one of my best days immediately turned into one of my worst. As bad as the day might have been for me, though, it paled in comparison to the day for the injured party. When I started in this industry 38 years ago, accidents and injuries were almost considered to be part of the game. We assumed that “accidents happen.” But the truth is, we didn’t do nearly enough to prevent them from occurring. When we gather with some others in this industry and talk about the old way we used to conduct business, the conversation invariably gravitates to some of the stupid risks we used to take. “Tying off”...but why do that, it might slow you down. Personal Protective Equipment (PPE)...how is a person to work with the restraints of a hardhat that may fall off and safety glasses that keep fogging up Rest breaks ...the best workers don’t need to stop and take breaks. Truth be told, we all took some unnecessary risks, and most of us are fortunate to have survived without any ill effects. For the industry to survive and thrive, though, it needed to change in its approach to safety. Why would people want to work in construction if there was a good probability that they might get injured Creating a safe work environment has evolved, and pushed the industry forward in a positive direction. There is
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Why would people want to work in construction if there was a good probability that they might get injured? Creating a safe work environment has evolved, and pushed the industry forward in a positive direction.
Photo courtesy of The Conco Companies
“Hey, Joe, we’ve just had an accident.” This phrase, or a variation of it, has been spoken to me on more than one occasion in my professional career.
far more emphasis on safety, with owners and general contractors often mandating that companies that work for them demonstrate that they are capable of working safely. If your past statistics show that you have more accidents than your peers, you need not apply to bid their jobs. Many companies are also showing their increased commitment to safety by adding resources to their safety budgets and even including a reference to safety as part of their mission statements. We may have come a long way to improved safety in the industry, but truth be told, we still have a ways to go. There are still accidents and injuries occurring on jobsites far more frequently than any of us should be comfortable with. In this issue, we recognize a few of our UCON members whose added focus on improving safety in their companies has yielded best-in-class results. Best-in-class results do not occur by having a part-time focus on safety. They only happen when a company embraces a safe work environment and makes safety the cornerstone on which to build their company. For all that do not have the safety performance that they would like, it is often necessary to pause and reflect on
what shortcomings exist in the business and how they can be improved. Do we go through the motions by presenting our safety topics, or do we spend the proper amount of time and effort to make sure that all employees truly understand and follow what we talk about Is the proper example set from top to bottom within the organi ation It is a known fact that a company that creates a safe work environment will reap the benefits of lower costs and increased opportunities to bid work. But for leaders and managers within a company, a more selfish benefit is the peace of mind that running a business with a proper focus on safety will provide. If you want to sleep better at night, never put yourself in the position of Monday-morning quarterback where you question your own decisions or personal failures that could have contributed to the accident or injury that occurred. Accidents are not occurrences that happen and leave us. Their effects can live with us for many years. To be successful, put yourself in the best position possible so you never get the phone calls that start with “We’ve just had an accident.”
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J U LY 2 0 2 2
7
LABOR
By Victor Sella, UCON Vice President of Labor Relations
UCON Negotiations Update It has been a busy spring and summer for UCON labor relations statewide! UCON negotiating teams have completed the following new labor agreements so far: • Laborers (N. CA) Master Agreement 2022-202 Extension • Laborers (S. CA) Master Agreement 2022-2026 • Carpenters (N. CA) Master Agreement 2022-202 Extension • Carpenters (S. CA) Master Agreement 2022-2026 • Laborers (S. CA) Parking Highway Improvement Agreement 2022-2026 • OE12 Master Agreement
At the time this magazine went to print, the following negotiations were still underway: • Laborers (N. CA) specialty agreements Traffic Control/Highway Improvement, Landscape • Pile Drivers Local No. 34 Master Agreement • Laborers (S. CA) Landscape Agreement Contractor members have been receiving information on the new agreements as they are completed and ratified. For more information, contact Victor Sella at vsella@ unitedcontractors.org, (510) 362-6959. CA Lic. #569352
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THANK YOU!
Nothing short of a debt of gratitude is owed to the 60 individuals who stepped up in negotiations with five unions this year. The list below represents contractors who took the time and made the effort to not only represent the contractor community, but also endeavor to make union contractors more competitive. Their dedication is noteworthy and appreciated. Please help me in thanking the following contractors for contributions to the industry. Alan Guy, Anvil Builders Jim Maddox, American Landscape Inc. Gary Peterson, American Landscape, Inc. Mariano Pacheco, Bay Area Traffic Solutions Chris DellAringa, Blue Iron Foundations & Shoring LLC Dan Baker, Bridgeway Civil Constructors, Inc. Vince Germann, BrightView Landscape Development, Inc. Tom Donnelly, BrightView Landscape Development, Inc. Tom Kuehn, BrightView Landscape Development, Inc. LJ (Louis) Fisher, Cell-Crete Corporation Robert Chrisp, Chrisp Company Jake Chrisp, Chrisp Company Bryn Burke, Dees Burke Engineering Constructors, LLC Mike Ghilotti, Ghilotti Bros., Inc. Greg Goebel Jr., Goebel Construction, Inc. Steve Clark, Granite Construction Company Catherine Moncada, Granite Construction Company Gerrad Gerber, Haldeman Homme, Inc. Jeff Colton, Jensen Landscape Matt Lovingier, JMH Engineering and Construction, Inc. Alejandro Murillo, Joseph J. Albanese, Inc. Katie Williams, Kiewit Infrastruction West Co. Steve McFadden, Kiewit Infrastruction West Co. Greg Silva, Knife River Construction - Stockton Caleb Haus, KRC Safety Co., Inc. Bob Cowan, Marina Landscape, Inc. Jim Tracy, Park West Landscape, Inc. Sarah Gallagher, Park West Landscape, Inc. Doug Ford, Pavement Coatings Co. Kurt Eddy, Pavement Recycling Systems, Inc. Monty Khouri, Pierre Landscape Trent Hill, Pierre Landscape Ken Lindberg, Power Engineering Construction Co. Ron Bianchini, Preston Pipelines, Inc. Richard Lemus, Robert A. Bothman Construction Dave Preston , Safety Striping Service, Inc. Darryl Thompson, Sculpt Land Development Ron Johnson, Sierra Traffic Markings, Inc. Matt Kuzmick, Stacy and Witbeck, Inc.
Kurt Kniffin, Stacy and Witbeck, Inc. Anthony Ascencio, Statewide Safety Systems David Nicholas, Statewide Safety Systems Chip Sterndahl, Sterndahl Enterprises, Inc. Donna Rehrmann, Stomper Company, Inc. Bill Boyd, Sully-Miller Contracting Company Jasmine Gongora, Super Seal and Stripe Brenda Hampton-Ortiz, Super Seal and Stripe Darren Veltz, Superior Pavement Markings Dave Greco, Teichert Inc. Maizer Ouidjani, The Conco Companies Joe Sostaric, The Conco Companies Tom Gibson, Toro Enterprises, Inc. Jeff Pike, Total Traffic Control, Inc. Wally Stillwell, Traffic Management, Inc. Fernando Soriano, Traffic Management, Inc. Mike Scott, Traffic Management, Inc. George Bradshaw, Underground Construction, Co. Ricardo Sepulveda, Veteran Pipeline Construction Randy Jenco, Viking Construction Company Bill Ayers, WMA Landscape Construction, Inc.
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J U LY 2 0 2 2
9
LABOR
By Ruby Varnadore, PHR UCON Labor Contracts Manager
Mid-Year HR Updates Court Says Missed Meal and Rest Period Payments are “Wages” The California Supreme Court recently ruled (Naranjo v. Spectrum Security Services, Inc.) that employer payments for missed meal and/or rest periods must be considered “wages,” meaning that the payments or penalties must be 1. Reported on required wage statements and 2. Paid within the statutory timelines when an employment is terminated (by either the employer or employee) Labor Code 203 and 226 penalties will now apply if these “wages” are not paid on time and reflected in pay stubs. For union employees, all of the UCON CBAs have language referring meal and rest period claims to the grievance procedure.
California State Minimum Wage Likely to Increase Again California’s minimum wage is projected to increase to $15.50 per hour for all employers, regardless of si e, on anuary 1, 2023. The law that implemented the ongoing increases included a provision for accelerated increases when inflation exceeds %, and the projected inflation rate is .6% for the 2022 fiscal year ending une 30. This impacts exempt employee minimum salaries as well, and a potential ballot measure is pending for more minimum wage increases.
Form I-9 Compliance News •
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Contact: A. Robert Rosin Janette G. Leonidou Michael M. Lum 10
Leonidou & Rosin 777 Cuesta Drive | Suite 200 Mountain View, California 94040
W W W.U N I T E D C O N T R AC T O R S . O R G
Employers can no longer accept expired List B identity documents. This was allowed temporarily from May 1, 2020 due to difficulties with document renewal during the COVID-19 pandemic. Only unexpired List B documents can be accepted from May 1, and employers will need to update forms by uly 31 for certain situations where expired List B documents were accepted temporarily. • COVID-related flexibility for reviewing I-9 documents for remote workers has now been extended until October 31, 2022. • The Department of Homeland Security (DHS) is proposing to extend the current Form I-9 (set to expire October 31, 2022) with a handful of revisions aimed at reducing paper use and storage burden for employers. Watch for further news on this. Refer to the DHS I-9 Central website (www.uscis. gov/i-9-central) for all news and resources related to Form I-9. Continued on page 12
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LABOR Mid-Year HR Updates (cont.) New and Amended San Francisco Ordinances
The City and County of San Francisco recently passed a permanent Public Health Emergency Sick Leave Ordinance (operative October 1) and amendments to the Family Friendly Workplace Ordinance (operative uly 12). While UCON has obtained or is obtaining CBA waivers for union employees, contractors who have employees working in S.F. or have their businesses domiciled there need to be aware of the requirements. Visit the SFOLSE website (sfgov.org/ olse/) for information on these and other ordinances, as well as a new on-demand video library.
IRS Raises Standard Mileage Rate for July through December 2022
UCON ALERT
Due to the recent increase in fuel prices, the IRS has increased the standard mileage rate from 5 .5 cents per mile to 62.5 cents per mile. The new rate went into effect on uly 1, 2022 and will remain in effect through the end of the year.
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IMPORTANT TRUST FUNDS CHANGE NOTICE Beginning in August, Contract Administration Funds for July 2022 hours and all hours going forward (Laborers (N. CA), OE3, Cement Masons (N. CA), Teamsters), will no longer be paid directly to United Contractors. Instead, funds will be submitted to the applicable Union Trust Funds with your other fringes. The contribution forms from the Trust Funds will reflect this change.
W W W.U N I T E D C O N T R AC T O R S . O R G
California Privacy Protection Agency Releases Proposed Regulations
Proposed regulations were finally issued late last month for California businesses subject to the California Consumer Privacy Act of 201 (CCPA) and the California Privacy Rights Act of 2020 (CPRA). Final regulations will not be available until later this year, and further changes may also occur. Consult legal counsel as to whether any parts of this law will apply to your company as well as steps to take for compliance by anuary 1, 2023.
Have Prevailing Wage Questions? Take UCON’s August Class!! Certified Payroll–Answering Contractors Most Frequently Asked Questions Tuesday, August 30; 2:30pm-4:30pm Instructors: Darbi Griffin and Jesse Jimenez, FFC and Ruby Varnadore, United Contractors Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100 This class will cover UCON members’ most frequently asked certified payroll questions and common pitfalls. Including Compliance requirements of Labor Code 1776, which is covered by certified payroll and contractor registration; apprenticeship requirements. The last 30 minutes of the meeting will be a moderated Q&A with Ruby Varnadore, UCON’s Labor Contracts Manager. Attendees can pre-submit their questions or ask during the session.
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In 2021, LIUNA’s commitment to training and apprenticeship in California included:
635,709 HOURS OF TRAINING
4,782
CLASSES PERFORMED
1,881
APPRENTICESHIP GRADUATES
26,957 STUDENTS TAUGHT
J U LY 2 0 2 2
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LEGAL
By Paul V. Simpson, Esq., and Marc Jacuzzi, Esq., Simpson, Garrity, Innes & Jacuzzi P.C.
Compensation for Training Contractors often schedule training for their employees after-hours or on a Saturday in order to minimize time taken away from actual construction work. However, employers need to be aware that this does not necessarily mean that they do not have to pay their employees for the time spent in such training. If the training is mandatory, it is certainly compensable. Non-exempt employees must be paid for those hours, at the appropriate hourly rate. For union employees, this means their normal wage rate, unless the CBA provides for a reduced training rate. A training rate of pay may be set for non-union employees. That training rate must be announced in writing and must be at least the minimum wage. Even if the training is optional, it may be compensable under state and federal law. In order for training time to be non-compensable, the training must meet all of the following requirements: 1. attendance is outside the employee’s regular working hours; and 2. attendance is, in fact, voluntary; and 3. the course, lecture or meeting is not “directly related” to the employee’s job; and 4. the employee does not perform any productive work during the meeting.
Training Compensation for Union Employees UCON’s CBAs do not contain any special training rates that are lower than normal wages and fringe benefits. However, UCON has achieved special CBA conditions with several of our union partners, allowing for a certain number of hours per year per employee to be paid with wages only (no fringe benefits owed) for non-mandatory training only. Contact UCON Labor & Member Services for more details, or questions, (925) 855-7900. 14
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Number 3 poses the greatest difficulties. Training is “directly related” to the employee’s job if it is designed to make the employee handle his job more effectively as distinguished from training him for another job, or for a new or additional skill. For example, a foreman who is given a course in “competent person” training is being trained to do a more effective job as a supervisor. However, a Laborer who is taught to read blueprints is being trained a new skill for a new job. Where a voluntary training course is instituted for the bona fide purpose of preparing for advancement through upgrading the employee to a higher skill, and is not intended to make the employee more efficient in his present job, the training is not considered directly related to the employee’s job, even though the course might incidentally improve his/or her skill in doing his regular work. (29 CFR 5.20.) In addition, where a state or federal agency requires the individual employee to take training as a condition of employment with any employer such training may be deemed to be voluntary and not compensable. As you can see from the above, the rules regarding compensation for training remain subject to interpretation. As such, it is advisable to consult with your outside employment counsel if you plan on making any training non-compensable. Paul Simpson & Marc Jacuzzi, are Shareholders of Simpson, Garrity, Innes & Jacuzzi Professional Corporation. Contact Paul Simpson, (650) 615-4860, psimpson@sgijlaw.com; Marc Jacuzzi, (925) 322-8889, mjacuzzi@sgijlaw.com Disclaimer: This has been prepared by Simpson, Garrity, Innes & Jacuzzi, P.C. for informational purposes only and does not constitute legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Anyone viewing this article should not act upon this information without seeking the advice of professional counsel.
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CONSTRUCTION
SAFETY
special feature
INDUSTRY’S #1 PRIORITY
y t e f a m S a . r L . g A . o E . r R rds p a w a s
ESS
United Contractors R.E.A.L. Safety Awards Program—Recognizing Excellence, Awareness, and Leadership in safety—is proud to announce our 2021 award winners.
The safety awards program has been developed to highlight the importance of safety in the industry, as well as honor some of the safest contractors in our association. The program is open to all UCON contractor companies. Winners were chosen within eight different categories: man-hours worked in 2021,
C LEN L E EXC FETY G N I SA IZ N N I G P I O REC DERSH A most improved & LE
UCON’s R.E.A.L. Safety Awards: Recognizing Excellence, Awareness and Leadership in Safety!
This past year has brought us a lot of fast paced work. 2021 was another busy year for us UCON contractors. Yet, the one constant was yet again the outstanding commitment to safety. Every year has its own unique challenges for us all to overcome. As the UCON Safety & Insurance Committee meets, we have round table discussions where we talk about struggles unique to each of our respective companies. It is interesting to hear how many of us face the same challenges. This past year, we as a committee have discussed countless industry issues. Some of the larger items we focused on as a team re the updates to 811, the constant revisions from OSHA regarding the ETS, and wildfire smoke regulations. We also participated in the Caltrans Safety Summit.
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REN A W E, A
r e n n i W 1 2
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safety (incident) rating, safety hero of the year, and most unique safety project. The winning organizations are shown on the following pages, where they share their safety philosophy and vision, and the employees who make it happen.
Intro by Robert Sabin, Harbor Linx, Inc. UCON Safety & Insurance Committee Chair
As a committee, we regularly discuss the biggest challenge that we all face as safety professionals— the reality that there is no room for error. In some departments an error can be quickly corrected. A simple backspace, delete or apology can be accepted and that’s the end of it. As a safety professional, a mistake from us can sometimes not be easily undone. An error or the wrong judgement-call could mean someone is injured or doesn’t make it home. We aim to learn through education, training, and strategizing as opposed to learning by making mistakes. These UCON Safety Awards identify the companies that understand this, and help make a difference in the industry. I applaud all of you. We hope you accept this award and proudly display in your offices.
Category: 1,000,000+ Man-Hours: Stacy and Witbeck, Inc.
The R.E.A.L. Safety Award stands for Recognizing Excellence, Awareness and Leadership in Safety. To receive one of these awards is an honor. The entries get screened, and then forwarded to a panel of judges. Volunteers from the UCON Safety and Insurance committee spend countless hours reviewing these entries anonymously. The entries require a lot of documentation and fine details. This is no easy task, and these awards are well-earned. Thank you to all that took the time to apply. For those who won, congratulations on an outstanding job, and your commitment to safety.
“We are honored and proud to be recognized for our safe work this past year. Safety has always been our top priority, and we consistently look for ways to improve our program and culture. We’ve recently turned our attention to increasing proactive safety involvement from our craft employees. Providing all employees an avenue to be positive agents of change in our safety practices has had a major impact on our projects. A huge thank you to our crews across the country for their help in achieving this recognition.” — George Furnanz, CEO, and Clayton Gilliland, President of Stacy and Witbeck, Inc.
The UCON Safety & Insurance Committee will continue to lead the industry, and we honor and congratulate all of the UCON R.E.A.L. Safety Awards Winners!
J U LY 2 0 2 2
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CONSTRUCTION
SAFETY
special feature
INDUSTRY’S #1 PRIORITY
Category: 500,001-1,000,000 Man-Hours: Goodfellow Bros. California, LLC “Goodfellow Bros. is honored to receive the 2021 R.E.A.L. Safety Award from United Contractors in the ‘500,001-1,000,000 Man-Hours’ category. At Goodfellow Bros., safety is our number one core value. We believe every employee has the right to work in a safe environment. Walk into any office or on any jobsite, and you’ll see our ‘12 Lifesaving Commitments’ and ‘Stop Work Authority’ pledge as a constant reminder of the promise we make to one another, each and every day, to work safely. Our California Division achieved one of its best safety performances in our 30+ year history last year, which is a testament to our team’s exceptional focus and steadfast efforts to ensure each employee returns home in the same or better condition than when they arrived to work that day. I am tremendously proud of the entire Division for achieving this award, and their commitment to our mission to be the contractor of choice in the communities in which we live and work.” — Brian Gates, Division President, Goodfellow Bros. California, LLC
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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
Category: 250,001-500,000 Man-Hours: St. Francis Electric LLC “St. Francis Electric is honored to receive UCON’s Safety Award! As we all know, building a culture of Safety doesn’t just happen overnight; it takes hard work and dedication as a team collectively. St. Francis Electric is tremendously proud of the effort our organization has put into improving our overall Safety Program—from robust interactive training, investing in the latest tools and empowering our foremen to be proactive with their crews, all these contributions have aided in achieving our safety goals.” — Loren Johnson, Safety Director, St. Francis Electric LLC
TEAM ZERO*
Category: 100,000-250,000 Man-Hours: Walsh Construction Company II, LLC
“Walsh’s safety culture is based upon a foundation of Actively Caring. All members of the Walsh team are empowered to involve risk management and safety practices in job planning, training, and task performance. Collaborative engagement with partners, accountability at all levels and a relentless commitment to safety excellence drives us to our objective of everyone going home safe at the end of each day..” — James Griffith, Sr. HSE Manager, Walsh Construction Company II, LLC J U LY 2 0 2 2
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SAFETY
special feature
INDUSTRY’S #1 PRIORITY TEAM ZERO*
Category: Up to 100,000 Man-Hours: Bay Line Cutting & Coring, Inc. “Bay Line Cutting & Coring, Inc. is proud to be selected as the 2021 R.E.A.L. Safety Award winner. Maintaining zero accidents is our company’s top priority, for the wellbeing of our workers, our clients, and the public.” — Daniel Arreguin, Business Manager, Bay Line Cutting & Coring, Inc.
TEAM ZERO*
UCON would like to recognizie the following contractor members who also achieved “Team Zero” in 2021:
ROBT. BURNS General Engineering Contractor, Inc. 20
W W W.U N I T E D C O N T R AC T O R S . O R G
2501 N. Wigwam Drive Stockton, CA 95205
Phone (209) 943-6969
Fax (209) 943-1718 E-mail: request@robertburnsconstruction.com
Most Unique Safety Project: Pacific Boring, Inc.
“Our safety philosophy is to train the crew members, and then empower them to do the “right thing.” A simple, repeatable philosophy/statement of doing the “right thing” sticks. It’s a standard that spills over into all areas of work and their lives, not just safety.” — Richard Cisneros, Safety Officer, Pacific Boring, Inc. “In late January 2021, a massive downpour caused a section of Highway 1 in Big Sur to collapse into the Pacific Ocean. Pacific Boring was contracted to install a new 10’ diameter culvert beneath the newly reconstructed section of Highway 1. Challenges included installing the tunnel at an extremely steep slope of -31% and recovering the 10’ diameter tunnel boring machine with a chinook helicopter over the Pacific Ocean. The project required a tremendous amount of planning, engineering, and key modifications to the equipment to make the operation safe.” — Steven Gallyer, President, Pacific Boring, Inc.
Most Improved Safety Rating:
Robert A. Bothman Construction “Robert A. Bothman, Inc (RAB) is honored to be selected for the 2021 R.E.A.L. Safety Award by United Contractors in the ‘Most Improved Safety Rating’ category. Our greatest asset at RAB is our employees. Organizational culture and individual behavior is the backbone to our safety program. Our Culture is woven into all aspects of our business and our employees’ lives, from the way employees treat each other to the way RAB places employee’s safety first. Our organizations behaviors, attitudes, beliefs, and performance in the leadership, have enhanced our organizations safety program and it reflects here today.” — Brian Bothman, Vice President, Business Development and Corporate Affairs, Robert A. Bothman Construction J U LY 2 0 2 2
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SAFETY
special feature
INDUSTRY’S #1 PRIORITY
R.E.A.L. Safety awards program
RECOGNIZING EXCELLENCE, AWARENESS & LEADERSHIP IN SAFETY
2021 Winners
Safety Hero of the Year:
Ricardo Sanchaz, Robert A. Bothman Construction “The most valuable asset to the Robert A. Bothman, Inc (RAB) organization is our employees. Safety is more than just compliance with Occupational Safety and Health Administration (OSHA) regulations and other government policies. It is a state of mind that must permeate the entire RAB organization, which includes office personnel, field employees, sub-contractors, management, and supporting staff.” — Andrew Bothman, Vice President, Robert A. Bothman Construction “Over the last seven years, RAB has placed the safety department and our program as the top priority. Throughout the development, investment, training, and continual improvement processes, RAB has seen large dividend payouts which are reflected in our organizations OSHA 300 log, Experience Modifier Rate (EMR), first aid injury rates, and our organizational culture. With the improved commitment to safety, field leaders like Ricardo Sanchez have taken health and safety to the next level. Ricardo Sanchez developed a “Safetython,” designed to motivate and train individuals on identifying hazards, presenting all hazards to the entire crew, and then developing control measures to mitigate and/or eliminate current or future hazards from existence. Ricardo has incorporated a unique method of instilling hazard recognition and safety awareness that integrates employee involvement. Additionally, Ricardo Sanchez utilized his training and skills in recognizing signs and symptoms of cardiac arrest and heart attacks. If it wasn’t for Ricardo Sanchez’s quick response in applying first aid procedures and getting to personally know each crew member, a past incident could have resulted in something much worse than what initially occurred. Ricardo’s exceptional professionalism, initiative, and selfless devotion to duty reflects great credit upon himself, his character and work ethic, and are in keeping with the highest expectation of an effective organizations safety culture and leadership style.” — Richard V. Lemus II, Safety Manager, Robert A. Bothman Construction
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CONSTRUCTION
SAFETY
special feature By Christoper Lee, UCON Safety Consultant
INDUSTRY’S #1 PRIORITY UCON SAFETY & HEALTH UPDATES: Contractors are advised to be aware of several important safety and health issues and ensure their safety programs, and training efforts are up-to-date. Issues to be discussed include: the 3rd readoption of the Cal/OSHA COVID-19 Prevention Program Emergency Temporary Standard, Heat Illness Prevention and Worker Safety and Health in Wildfire Regions.
Revisions to the COVID-19 Prevention Emergency Temporary Standards (ETS) The ETS was updated effective May 6, 2022, and will remain in effect until December 31, 2022. This link provides additional information: https://www.dir. ca.gov/dosh/coronavirus/ETS.html Changes were made in the following areas:
Definitions: n “Close contact” and “infectious period” are now defined so that their meaning will change if the California Department of Public Health (CDPH) changes its definitions allowing more flexibility and consistency with CDPH. n “COVID-19 test” has been simplified to make it easier to use self-administered and self-read tests. A video or observation of the entire test is no longer necessary—just a date/time stamped photo of the test result will be sufficient. n The term “fully vaccinated” was deleted, as this term is no longer used in regulations. Face Coverings: n Face coverings requirements are the same for all employees regardless of vaccination status. n Face coverings are no longer mandatory for unvaccinated workers in all indoor locations. 24
W W W.U N I T E D C O N T R AC T O R S . O R G
n Face coverings are mandatory in the ETS when the CDPH requires their use in certain indoor settings such as in emergency shelters, healthcare settings, and correctional facilities.
Cleaning and Disinfecting: n These requirements have been deleted. Respirators: n Must be provided for voluntary use to employees who request them and who work indoors or in vehicles with other persons. This now applies to all employees where previously it only applied to unvaccinated employees. COVID-19 Testing: n Must be made available to all employees with COVID-19 symptoms. As with respirators, this now applies to all employees regardless of vaccination status whereas previously it only applied to unvaccinated employees. Exclusion of Employees Who had Close Contact: n The detailed prescriptive requirements for exclusion of employees after close contact have been deleted. Instead, employers must review CDPH guidelines for employees who had close contact and implement quarantine and other measures to prevent COVID-19 transmission in the workplace.
Exclusion of Employees with COVID-19: n The requirements for employees who test positive for COVID-19 have been updated to reflect the most recent April 6, 2022 CDPH Isolation and uarantine uidance. Regardless of vaccination status, employees who test positive can return-to-work after 5 days if the employee has a negative test, symptoms are improving, and they wear a face covering at work for an additional 5 days. Otherwise, most employees can return after 10 days. Outbreaks: n Testing and Exclusion—employees who had close contact must test negative or be excluded from the workplace until the return-to-work requirements are met. n Partitions and barriers—these requirements have been deleted. Major Outbreaks: n Testing and Exclusion—all employees in the exposed group must test negative or be excluded from the workplace until the return-to-work requirements are met. n Partitions and barriers—these requirements have been deleted. Employer-provided Transportation: n Vaccination status an exception for fully vaccinated employees has been deleted and protections in this section apply to all vehicle occupants regardless of vaccination status. n Face coverings—mandatory use by all in vehicles has been deleted. Instead of this requirement, employers must review CDPH and local health department recommendations regarding face coverings and implement policies that effectively eliminate or minimi e COVID-19 transmission in vehicles. n Cleaning and disinfecting these requirements have been deleted. UCON’s COVID-19 Contractor Resources web page has served and supported over 25,000 industry professionals. Find tools and checklists, bulletins, safety and health information and more. J U LY 2 0 2 2
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special feature
Don’t Miss UCON’s July Class: Wildfire Preparedness Tuesday, July 26; 2:30pm-4:30pm Instructor: Juan A. Calderon, Cal/OSHA Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100 Register: www.unitedcontractors.org/calendar
INDUSTRY’S #1 PRIORITY Heat Illness Prevention
California was one of the first state OSHA programs in the U.S. to adopt a heat illness prevention standard for outdoor workers in 2005. The initial Emergency Temporary Standard was replaced with a permanent standard at California Code of Regulations, Title , Section 3395 and is enforced throughout the state. With the onset of high temperatures during the summer of 2022, it is important to review a few items on working outdoors in hot weather.
Worker Safety and Health in Wildfire Regions
Wildfire smoke and cleanup presents ha ards that employers and workers in affected regions must understand and respond to in an appropriate manner. Smoke from wildfires contains chemicals, gases and fine particles that can harm health. Proper protective equipment and training is required for worker safety in wildfire regions.
Employers must prepare and train on a written heat illness prevention plan (in a language the employees understand) that includes the following key elements:
Cal/OSHA’s regulation is found at California Code of Regulations, Section 5141.1. Critical elements include:
n Procedures for providing sufficient water (it must be “fresh, pure and suitably cool”) n Procedures for providing access to shade n High heat procedures (when the temperature is expected to equal or exceed 95 Fahrenheit n Emergency response procedures n Acclimatization methods and procedures
n n n n n
Cal/OSHA has prepared a High Heat Prevention eTool, which can be found at https://www.dir.ca.gov/dosh/ etools/0 -006/index.htm. These procedures provide:
Employers are advised to pay close attention to Appendix B to Section 5141.1 as it outlines the specific areas of training that must be provided to workers. The outline can also serve as a template for tailgate or toolbox talks on the job site.
Examples of heat illness The regulation General information on heat illness Information on preventing and responding to heat illness n “Employer Sample Procedures for Heat Illness Prevention” n n n n
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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
Identification of harmful exposures Communication Training and Instruction Control of harmful exposures Specific particulate sampling requirements if an employer opts to monitor employee exposure with a direct reading instrument.
Cal/OSHA has prepared a helpful document “Worker Safety and Health in Wildfire Regions” which contains numerous resources including the regulation, and a link to Appendix B: https://www.dir.ca.gov/dosh/WorkerHealth-and-Safety-in-Wildfire-Regions.html
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special feature
UCON’s Safety & Insurance Committee, then called EUCA in 1993, showing the new Safety Handbook, a free benefit to contractor members. UCON still offers many digital safety resources, now online through UCON’s Contractor Resources Library, unitedcontractors.org.
INDUSTRY’S #1 PRIORITY UCON’S SAFETY & INSURANCE COMMITTEE Focused on Industry Safety Statewide for Over 30 Years •
•
•
• • •
The Safety & Insurance Committee provides the membership with information on safe operation in the industry, focusing on preventative safety programs, and the reduction of liability expenses. The committee monitors and advocates on Cal/ OSHA issues. Committee criteria: this is an open committee to those who are interested in effective/streamlined safety regulations—join the group, and make a difference. To the right, Safety Director, Barry Sandkuhle shares how this forward-thinking committee directly influences industry safety. Currently, over 30 UCON members statewide make up the committee (safety directors, vice-presidents of safety, and senior safety personnel), which meets approximately every six weeks via Zoom. Chairman: Robert Sabin, Harbor Linx, Inc. UCON Staff Liaison: Chris Lee, Safety Consultant For more information, contact Julie Hinge, Executive Assistant to EVP, (925) 967-2466, jhinge@unitedcontractors.org.
“Joining the Safety & Insurance Committee a year ago opened the door for opportunity to not only share my experience with others, but to take in the same in return. I’ve met a team of people who come together to ask questions, share insight, and work together to create a diverse approach to building a bigger, better safety culture in the industry as a whole.” — Jasmine Gongora, Super Seal & Stripe
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“I have been serving on the UCON Safety & Insurance Committee since the early 1990’s. Our first major task was to produce a safety manual for our membership. Under the esteemed direction of our Chairperson, Mary Ramos (and 1993 EUCA/UCON President), a small group of us would meet monthly and endure long, late hour discussions surrounding the newly implemented Cal/ OSHA Standards, with special emphasis on construction safety. The 2-1/2” safety binder was eventually published and distributed to our members. Little did we know that we had launched a national “successful safety tool,” because no other contractors at the time were even close to having a safety manual. Another highlight came from an assignment I had of ensuring that all new employees (I was at McGuire and Hester at the time) received proper safety training which included understanding the Code of Safe Practices. I suggested to the committee that we put together a safety video to mirror specific safety tasks that new hires would watch to confirm their knowledge of safe construction practices. With State Compensation Insurance’s pledge to underwrite the project, and much work coordinating our contractor member resources, the video, “Bob’s Busy Day,” was produced and became a national hit. Being a part of the safety committee along with fellow senior members, Ted Saito and Greg Rainey, has been extremely rewarding. The camaraderie amongst the membership, along with the committee’s common goal to help UCON lead the construction industry with safety programs and products and be the best at what we can do for the industry, is second to none. ” — Barry Sandkuhle, Safety Director, JMB Construction, Inc.
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
A PR JU LYI L 22002221
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special feature By Jim Untiedt, CPCU, ARM, CRIS, President, Pentarisk Insurance Services, LLC
INDUSTRY’S #1 PRIORITY How Safety Benchmarking and Specific Action Plans Can Improve Your Safety How do contractors develop the best safety culture and results? Asking these three questions is a good starting point: 1. How does my historical safety performance compare to my peers? 2. What is the total cost of an employee injury? 3. What are some of the “Best Practices” to lower our recordable incident rate?
Benchmark Safety Results For over 25 years we have tracked the Experience Modification Rates (EMR) for 1,000 Northern California Contractors. Listed in the table below are 6 work classifications typical of UCON contractors.
This table provides insight to the average and best in class EMR’s by class of business and compares UCON average EMR’s to the 1,000 contractor EMR average we track. Additionally, the best-in-class EMR’s are almost 40% lower than the average UCON EMR’s. A good safety benchmarking goal would be to beat the average EMR by at least 10%.
Understanding the True Cost of an Employee Injury A safe job is a profitable job! This is especially true when you add up the direct and indirect costs of an accident. For example, a $25,000 sprain/lost time injury
UCON Average EMR is Based on 225 Contractors
30
2019
2020
2021
Underground Construction
.91
.96
.97
Shoring/Shotcrete
1.03
1.02
.85
Traffic Control
.82
.85
.98
Demolition
.84
.82
.87
General Engineering/Paving
.93
.92
.91
Concrete
.95
.96
1.00
Overall UCON Average
.91
.92
.93
Overall EMR 1000 Average
.87
.88
.89
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Best in Class in 2021 .55 .52 .65 .65 .54 .56
Sales Required to Pay for an Accident
Total Claims Cost
CONTRACTOR NET PROFIT MARGIN 1% $700,000
2% $350,000
3% $233,000
4% $175,000
5% $140,000
$25,000 Sprain/Lost Time
$2,500,000
$1,250,000
$833,000
$625,000
$500,000
$40,000 Strain Lost Time
$4,000,000
$2,000,000
$1,332,000
$1,000,000
$800,000
$75,000 Back Injury
$7,500,000
$3,750,000
$2,500,000
$1,875,000
$1,500,000
$200,000 Surgery
$20,000,000
$10,000,000
$6,666,000
$5,000,000
$4,000,000
$375,000 Multiple Body Parts/CT
$37,500,000
$18,750,000
$12,500,000
$9,375,000
$7,500,000
$7,000 Recordable Incidents
might take anywhere between $500,000 and $2,500,000 of additional work to pay for the cost of the injury based on profit margins. Direct workers’ compensation costs are easy to quantify—medical bills and lost wages—and these are usually paid by your workers’ compensation insurance company. Your indirect costs are harder to quantify. They range from . to 1.5 times the direct costs of an injury. These costs impact you immediately in terms of job-site disruptions, lost productivity, and for the next three years with increased experience modification ratings, and reduced profitability. ou pay all the indirect costs. These hidden indirect costs are commonly referred to as the “iceberg effect,” and may include the following: • • • • • • • •
•
Lost time / down time for crew Your cost to investigate the accident OSHA investigation and resulting fines Reduced efficiency from breakup of crew Overtime to make up production / penalties if deadline not achieved Hiring cost / training cost of replacement worker Increase in your EMR and insurance premiums for next 3 to 5 years If your EMR increases over 125%, you lose bid opportunities to both private and public agencies and may incur OSHA High Ha ard Consultation Program Fees. Reduced morale for employees
•
Return-to-work costs to bring back injured worker before complete recovery
The table above indicates the amount of dollars needed in sales to pay for the injury costs at varying profit margins. Continued on next page
Thank you to all of our employees for their efforts in continuing to plan and build our projects safely during these difficult times. We are so proud of our team and grateful for their hard work and dedication including our subcontractors, vendors, and suppliers. IMPROVING INFRASTRUCTURE WWW.DMZBUILDERS.COM (925) 826-5387 J U LY 2 0 2 2
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SAFETY
Project photo courtesy of D.A. Wood Construction, Inc.
CONSTRUCTION
special feature
INDUSTRY’S #1 PRIORITY Best Practices to Lower Your Incident Rate Over 20 years ago, ENR top 400 contractors participated in a safety survey. At the time the average U.S construction incident rate was over .0.
Action Steps
Best in Class
Average
How frequently does top management participate in incident investigation?
Every Injury 1.20
50% or less 6.89
President reviews of safety performance report
Yes .97
No 6.89
Frequency of project safety inspection
Weekly 1.33
Monthly 2.63
Site specific safety plans used
Yes 1.76
Monthly 2.63
Pre-task safety planning held
Yes 1.04
No 2.67
Safety Orientation for all new workers
Yes 1.76
No 5.72
When are toolbox safety meetings held?
Daily 1.01
Are subcontractors required to submit site specific safety plans?
Yes 1.37
No 3.83
Does the project have formal worker incentive program?
Yes 3.20
No 2.05
How often are incentives given?
Weekly 1.33
Quarterly 3.29
Do family members attend safety dinner?
Yes .18
No 2.35
Are field supervisors evaluated on safety?
Yes 2.00
No 8.89
1.5
4.3
RIR 32
The chart below shows several safety action steps and the corresponding ENR contractor incident rate. The “Best in class” contractors had a 65% lower incident rate!
W W W.U N I T E D C O N T R AC T O R S . O R G
Tu-Th 2.0
Monday’s 3.25
The Bureau of Labor Statistics reports the average contractor incident rate to be 2.5 for 2021. The best contractors desire and plan for 0 construction incidents or injuries to their employees. Now you have some tools to benchmark your performance, analyze the cost of claims, and action steps to get the best safety results in your industry. Jim Untiedt CPCU, ARM, CRIS is the Acrisure Insurance Construction Practice leader and the President of Pentarisk Insurance Services. He has been a member of UCON since 1994 and can be reached at, juntiedt@ pentarisk.com, or by phone at (510) 928-1809.
Incorporate the Action Steps in the table (left) to help lower your incident rate and increase your job site and worker safety, and achieve Best in Class.
GL E N GH I L OT T I 1958-2018
HAPPY BIRTHDAY GLEN! 7-20-58
GET IT DONE RIGHT –GLEN’S LEGACY In 2018, the company suffered a great loss with the sudden passing of Glen Ghilotti. As the maker and master of the “no scream team” – a company saying that underscores our amazing internal culture – Glen’s influence leaves an indelible mark in the hearts and minds of our staff. Those that knew Glen remember him as a happy and perpetual optimist; he was a fearless visionary that could make the impossible happen. Glen’s authentic passion for construction work, the people, and the equipment he loved to operate was the fuel behind his forward momentum to be bigger, better, and braver. For Glen, there was no shortcut to quality, no obstacle that couldn’t be tackled, no problem that couldn’t be solved. His mantra of “get it done right the first time” was true when it came to his work, and when it came to helping a friend, employee, or responding to the needs of the community. He was a a philosophy ehmentor t htiwtosmany, sol twith aerg a dereffuofsleadership ynapmowhich c ehmeant t ,810that 2 nthe I door swings both ways. You could come to Glen for anything, and he’d always listen.
L G– T H G I R E N OD T I T E G
dus pmoc a – ”maet maercs on“ eht fo retsam dna rekam eht ni na se vaewas l eccompassionate neuflni s’nand elGthoughtful – erutlubeyond c lanrmeasure. etni gnHis izincredible ama work ethic, integrity, resilience, and legendary tales Glen of kindness remain at the core of Team Ghilotti’s mission, philosophy, .ffats ruo fo sdnim and operations – yesterday, today, and tomorrow. saw eh ;tsimitpo lauteprep dna yppah a sa mih rebmemer nelG wenk taht esohT a ,elpoep eht ,krow noitcurtsnoc rof noissap citnehtua s’nelG .neppah elbissopmi nelG roF .revarb dna ,retteb ,reggib eb ot mutnemom drawrof sih dniheb leuf eht i teg“ fo artnam siH .devlos eb t’ndluoc taht melborp on ,delkcat eb t’ndluoc taht E X PE R I E NCE . E X PE RT ISE . I N T E GR I T Y. nidnopser ro ,eeyolpme ,dneirf a gnipleh ot emac ti nehw dna ,krow sih ot emac niws rood eht taht tnaem hcihw pihsredael fo yhposowww.teamghilotti.com lihp a htiw ,ynam ot rotnem | 707-763-8700 .netsil syawla d’eh dna ,gnihtyna
2531 Petaluma Blvd. S., Petaluma, CA 94952
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J U LY 2 0 2 2
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SAFETY
INDUSTRY’S #1 PRIORITY
special feature By Carol Cambridge, The Stay Safe Project
Situational Awareness
Be Familiar with Potential Dangers Situational awareness is one of the most important skills to remain safe during a chaotic event. Even though many people think they have this skill, most people do not exercise this skill appropriately. We become complacent in areas that are familiar to us or that we perceive are safe. Then, if we find ourselves in a panicked, chaotic or fearful situation, our brains can freeze or even give us mixed messages on how to react. These are the times when it is imperative to stay calm and rely on the information our brains have been trained to see.
REGISTER FOR UCON’S CLASS
Photo courtesy Graniterock
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People typically exit any area—a room, facility, open space, etc.—in exactly the same manner they entered. We have a tendency to forget other exits, doorways, safe rooms or routes that are different than the entry point. As creatures of habit, we repeat behaviors. If you are used to coming in and out of work the same way then that’s where your brain will go (especially in a chaotic moment). Our brains revert to the familiar.
SEPTEMBER 1
Surviving an Active Shooter on the Jobsite and Office Thursday, September 1; 2:30pm-4:30pm Instructor: Carol Cambridge, The Stay Safe Project Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100 This program answers your questions & concerns, calms your fears, trains your brain to respond to an active shooter situation, and gives you the information you need to make quick life-saving decisions. Who Should Attend: Everyone.
W W W.U N I T E D C O N T R AC T O R S . O R G
Be Familiar with Potential Dangers Situational awareness means being familiar with the potential dangers in your area. It is a learned skill; it is all about preparedness and has saved many lives. In either familiar or unfamiliar places, be prepared for emergency situations by answering the questions: • • • • • •
Do you know where all the fire extinguishers are located Do you know where to find the first aid kits and emergency supplies Where are the stairwells Are your exits off the site blocked, or difficult to find Which doors automatically lock once you exit Do you have an escape route developed in your mind What are the alternative routes from your familiar course If out in the field working, do you know where you could run or hide if necessary
•
What equipment is on site (today), and is your team aware of additional safety precautions associated with the machine(s)
I encourage you to be more aware and familiar with your surroundings at work. This doesn’t mean you need to walk around in fear. You don’t need to be constantly worried that you could be the victim of an catastrophic event. However, empower yourself and yout team(s) to know a first choice and a secondary route for an exit. Also, consider a place where you could hide quickly, if a situation occurs. This same situational awareness applies in your personal life at places such as movie theaters, shopping malls, your place of worship, or any public places that you visit frequently. When I’m out to dinner, I always sit with my back against the wall. Why So that I have a very wide view of the restaurant and the entrances. To sit in a position where I have a very limited view makes me extremely nervous. I find myself looking over my shoulder a lot—unable to relax and enjoy the meal and my dinner companions—defeating the purpose of going out in the first place! Using situational awareness gives me a sense of strength and allows me to be completely comfortable in my surroundings. I can think of countless stories where situational awareness was lifesaving. On the flip side, I have sadly seen many incidents where it could have saved people from a violent or unpleasant encounter. It is a skill that is very important and empowering. All it takes is practice and persistence—just like learning anything new.
Founder of The Stay Safe Project, Carol Cambridge is an authority on workplace violence, active shooter and workplace conflict. Her message of empowerment has reached audiences around the world. She has taught over a quarter of a million people how to navigate fear and use their critical thinking skills to guide them through an emergency or a crisis: www. thestaysafeproject.com. Carol teaches the UCON class (see opposite page), register at www.unitedcontractors.org/calendar.
40 YEARS SERVING NORTHERN CALIFORNIA Concrete pumping provides benefits that best support the project’s critical schedule and enhances job site safety. We can pump concrete from one location while keeping ready mix trucks safely at the curb. Our trucks can pour more concrete in a shorter time than other methods resulting in time and labor savings. Serving Northern California since 1977, CF&T Concrete Pumping is a 100% Employee Owned Company that provides commercial and residential concrete pumping to our valued customers.
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UP Increase Your Skills:
UCON’s Professional Development Classes can help you reach your goals and increase your team’s potential—most are FREE! Take advantage of UCON’s Professional Development Programs—70+ classes offered in 2022; specially curated for our members. Check with your manager, and sign up for a class! We have highlighted several of the 2022 July/August classes on the following pages. See UCON’s full Professional Development catalog, and register at: UNITEDCONTRACTORS.ORG/ CALENDAR For any questions regarding UCON’s programs, contact Angelica Gouig, Education Manager, at agouig@unitedcontractors.org or (925) 362-7309.
By Angelica Gouig, Education Manager
JULY COURSES: 21 Cultivating Power Without Being Intimidating Thursday, July 21; 2:30pm-5:00pm Instructor: Cayly Dixon, Dale Carnagie Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100
26 Wildfire Preparedness Tuesday, July 26; 2:30pm-4:30pm Instructor: Howard Morton, Safety Logistics Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE Non-member: $100
28 Prime Contractor Contract Writing Series Course 3: Schedule Provisions Thursday, July 28; 2:30pm-4:30pm Instructors: Craig Wallace and Dino Velez, Smith, Currie & Hancock LLP Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100
AUGUST COURSES: 2,9 WIP It! Upgrading the WIP Schedule to a Management Tool Tuesdays, August 2, and August 9; 2:30pm-3:30pm Instructor: Matthew Hennagin, Moss Adams Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100
Insurance & Surety Solutions Risk Management Insurance & SuretyTraining Solutions Risk, Safety & Claim Management Risk Management Training Subcontractor Insurance Audits & Compliance Risk, Safety & Claim Management OCIP/CCIP Program & Coverage Subcontractor Insurance Audits &Reviews Compliance Employee Benefits OCIP/CCIP Program & Coverage Reviews
Jim Untiedt, President 408.418.2743 Jim Untiedt, President 2033 Gateway Place, Suite 150 408.418.2743 San Jose CA 95110 2033 Gateway Place, Suite 150 License San Jose#0G47886 CA 95110 California#0G47886 • Georgia • Illinois • Alabama License
Employee Benefits
California • Georgia • Illinois • Alabama
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11 Sub-Contractor Contract Writing Series Course 3: Subcontract Price and Payment Thursday, August 11; 2:30pm-4:30pm Instructors: Daniel McLennon & Ross Steinbach, Smith, Currie & Hancock LLP Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100
16 Effective Virtual Leadership Tuesday, August 16; 2:30pm-4:00pm Instructor: Salvatori Manzi Class Style: Virtual | Class Limit: 45 Cost – Member: $55 | Non-member: $100
18 How to Make Yourself Indispensable and Build a Rewarding Career Thursday, August 18; 2:30pm-4:30pm Instructor: Eric Anderton, Construction Genius Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100
23 Working with Labor Compliance Officers/Programs Tuesday, August 23; 2:30pm-4:30pm Instructor: Paul Stout, Power Summit Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100
25 Prime Contractor Contract Writing Series Course 4: Changes Provisions Thursday, August 25; 2:30pm-4:30pm Instructors: Craig Wallace & Karissa Fox, Smith, Currie & Hancock LLP Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE | Non-member: $100
30 Certified Payroll—Answering Contractors Most Frequently Asked Questions Tuesday, August 30; 2:30pm-4:30pm Instructors: Darbi Griffin and Jesse Jimenez, FFC and Ruby Varnadore, United Contractors Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE Non-member: $100
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UCON’S FEARLESS FIELD LEADER—SOLD OUT! RATED 4.9/5 It was a sold-out (in-person!) crowd for UCON’s Fearless Field Leader Seminar, held Wednesday, May 18th. Over 125 construction field leaders were in attendance learning about ways to effectively mentor, manage, and lead their crews. UCON’s CEO, Mark Breslin, delivered a passionate presentation, sharing his industry insight, personal experience and knowledge. He spoke of innovation and change, and his no-BS approach hit home with the attendees. “Fearless Field Leader opened my eyes to a more positive way of teaching in the trade.” “The class was heartfelt—Mark definitely grabs your attention. I’d do the class over and over again!” Save the date for Fearless Field Leader, in Southern CA at the Sheraton Cerritos, on Wednesday, October 26, 2022, 5:00pm-8:00pm In-Person Class Class Limit: 50 (15% off for 3+), scan the QR code to register— it will sell out!
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Concrete When You Need It!
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
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UP
3 color left chest ABOVE POCKET -chrome yellow -white underbase -black 4" wide
3 color left chest ABOVE POCKET -chrome yellow -white underbase -black 4" wide
Thank You to UCON’s 2022 Annual Sponsors
With the support of UCON’s Annual Sponsors, we are able to continue to create high value with our development courses, special series and upcoming events.
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
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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.
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UP UPCOMING EVENTS: UCON/Twining, Inc. Construction Angels Golf Tournament Monday, August 29, 2022 Location: The Huntington Club, Huntington Beach, CA
Sal Rubino Golf Classic
Friday, September 9, 2022 Location: Bayonet & Black Horse Golf Course, Seaside, CA
Government Advocacy Auction Friday, November 11, 2022 Location: Claremont Club & Spa, A Fairmont Hotel, Berkeley, CA
UCON EVENTS
REGISTER NOW FOR UCON EVENTS:
Register: www.unitedcontractors.org/calendar UCON’s Annual BBQ, August 4, 2022 Alameda County Fairgrounds, Pleasanton
Chili Cook-Off is back! Can you handle the heat?! Register now for UCON’s largest event of the year, our BBQ & Chili CookOff, August 4, 2022 at the Alameda County Fairgrounds in Pleasanton, CA. Sponsorships available.
UCON’s Summer Beach Bash, August 11, 2022 The Huntington Beach House, Huntington Beach
reat food, tequila tasting, friends, music and more come network with your industry peers at this new summer event in Southern CA! Sponsorships available. For more information on UCON events, contact Christine Traina, Event Manager, ctraina unitedcontractors.org, (925) 309-5503.
Can You Handle the Heat?!
UCON’s Annual BBQ & Chili Cook-Off
Aug. 4 2022
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By Christine Traina, Event Manager
Thursday, August 4 4:30pm-8:00pm
& CHILI COOK-OFF
Alameda County Fairgrounds Pleasanton $95/Ticket
GREAT FOOD, TEQUILA TASTING, FRIENDS, MUSIC
SUMMER
11
AUG THURSDAY
5:30-8:30pm
BEACH BASH The Huntington Beach House
Join us for our 2022 Summer Beach Bash! Thursday, August 11, 5:30pm-8:30pm The Huntington Beach House 21601 Pacific Coast Hwy $95/Ticket (Hosted Parking)
Choose U-Rock for your sewer cleaning and inspection equipment needs
We’re always on your side. Supporting you from demo at after-sale support
Contact Us! www.urockutility.com
Long-term reliability. Building partnerships that will last a lifetime.
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UCON JULY 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 July:
48 YEARS – 1974
28 YEARS – 1994
19 YEARS – 2003
29 YEARS – 1993
Associate Member: Woodruff-Sawyer & Co. Bret Lawrence
15 YEARS – 2007
Contractor Member: Silva’s Pipeline, Inc. Jim Silva
Contractor Members: C.F. Archibald Paving, Inc. Curtis Archibald Esquivel Grading & Paving, Inc. Jamie Esquivel Evans Brothers, Inc. Wil Evans Gallagher & Burk, Inc. David DeSilva Ghilotti Construction Co. Richard Ghilotti Stevens Creek Quarry, Inc. Mark Mallin
Contractor Member: Navajo Pipelines, Inc. Karen Silva
Project photo courtesy of Underwater Resources, Inc.
Associate Member: Trench & Traffic Supply, Inc. Michelle Townsend
11 YEARS – 2011
Contractor Member: Veteran Pipeline Construction Michael Robirds
Contractor Member: Florez Paving Sam Florez
Associate Member: Stevenson Supply Kent Stevenson
Associate Member: Graniterock Keith Severson
Associate Member: Eighteen Trucking, Inc. Martha DeLeon
10 YEARS – 2012
26 YEARS – 1996
13 YEARS – 2009
27 YEARS – 1995
Contractor Members: Appian Engineering, Inc. Bob Alvey
22 YEARS – 2000
Contractor Member: Silverado Contractors, Inc. Joe Capriola
Associate Member: EPIC Insurance Brokers and Consultants e ar hurst
12 YEARS – 2010 Contractor Member: MK Pipelines, Inc. Sean Brennan
IN MEMORY: René Albert Vercruyssen,
Knife River Construction - Chico
It is with great respect and sadness that we share the passing of René (Albert) Vercruyssen of KnifeRiver Construction. René passed away in late April while on a bike ride. He was 84 years old. René was a generous spirit, volunteering in the community for decades. He was true to his word, and was devoted to Rotary, the Salvation Army, seniors in retirement and Reading Pals (shown in photo at right). René rose to President of KnifeRiver, and was respected by all. He is survived by his wife Ethyle, brother Phil and wife Carole, children Rene, Chris, Daryl, Cheryl, Bethel, David, and Gina, and grandchilden and greatgrandchildren. René was an active UCON member, as is the Knife River team, and supported our Labor Relations greatly. Knife River Construction - Chico has been a UCON member since 1988.
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Contractor Members: Compass Engineering Contractors, Inc. Mike Moore Marques General Engineering, Inc. Jason Anderson Associate Members: Cal-Sierra Pipe, LLC Dan Hobbs Chubb Surety Robert Walsh McSherry & Hudson Chuck Griswold
9 YEARS – 2013
Contractor Members: Underground Construction Co., Inc. Chris Ronco Valverde Construction, Inc. Marcus Gomez
8 YEARS – 2014
Contractor Member: Ferma Corporation Marc Ferrari Associate Members: RGW Equipment Sales Dane Lowry West Coast Sand & Gravel James Slater
7 YEAR – 2015
Contractor Member: Underwater Resources, Inc. Tom Belcher
6 YEARS – 2016
Contractor Members: JDB & Sons Construction, Inc. James Burke
Associate Member: Construct Your Image Cole Adams
1 YEAR – 2021
Contractor Members: American Landscape, Inc. ar eterson Diversified Landscape au ora e Don H. Mahaffey Drilling Co. sh e aha e u ius
Sinclair General Engineering Construction, Inc. Sean Sinclair Associate Members: Security Shoring & Steel Plate Kimberly Liston-Rivera
5 YEARS – 2017
Kato Landscaping Randy Kato Pac Bay Environmental Services, Inc. Matt Certa
Pierre Landscape Harold Young
The Traffic Guys LLC Carlos Moreno
Preferred Landscape Mark Rose
Associate Members: Americ Machinery Corporation Dale Ferdinandi
RCB & Sons, Inc. Eric Barnett Sierra Landscape Development, Inc. Kevin Watchler Sully-Miller Contracting Company Bill Boyd Synergy Traffic Control Inc. Kenny Jones
Frank M. Booth, Inc. Larry Booth Global Leadership Alliance (GLA) Corp. Liz Romo Marcum LLP Warren Hennagin Underground Republic Water Works Kurt Vincelette
Pacific Restoration Group Contractor Member: John Richards Minerva Construction, Inc. Noel Kearney 1800 GOODYEAR ROAD | BENICIA
±19 NET USABLE ACRES FOR SALE OR LEASE 1800 GOODYEAR ROAD BENICIA, CA
C ontact: T ed G allagher (510) 693-8515 ted.gallagher@cushwake.com LIC # 01467047
PA RIS
HR
D
Zoning/Allowed Use: Administrative office, maintenance repair for light and heavy equipment and storage yard for trucks, trailers, steel beams, and general construction equipment in support of a civil engineering/construction business.
GOODYEAR RD
LOPES RD
• +/- 7,300 SF Office Building + / -1 9 N et U sab le Acres PROPERTY G reat C onstru ction YHIGHLIGHTS ard • +/- 5,600 SF five (5) Bay Shop Buildings
• Sale Price: Now $15,500,000 $14,000,000 • Lease Rate: $60,112/Mo $52,000/Mo Net of OpEx • Leased to Flatiron West, through August 2022 • Great Access to I-680 (+/-8 mins to 680/80 interchange)
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UCON’S SAFETY SOLUTIONS — A MEMBER BENEFIT UCON offers free safety solutions and regulatory compliance assistance to our members statewide. Call UCON at (925) 855-7900, or visit www.unitedcontractors.org. Some key services are:
CAL/OSHA CITATIONS: UCON can assist with interpreting and analyzing Cal/OSHA citations, as well as arrange and help you prepare for Cal/OSHA informal conferences where citations may be discussed, analyzed or mitigated.
CAL/OSHA’S MOST FREQUENTLY CITED STANDARDS IN CONSTRUCTION
ongoing and emerging issues from Cal/OSHA, federal OSHA and state agencies.
1.
CRISIS MANAGEMENT: UCON is available to assist our
1 2 3 4 2. 3.
4.
5 5.
Heat Illness Prevention (https:// www.dir.ca.gov/title8/3395.html) Injury and Illness Prevention Program (https://www.dir.ca.gov/ title8/1509.html) Code of Safe Practices (https:// www.dir.ca.gov/title8/sub4_A.html (scroll down to Plate A-3) Emergency Medical Services (having an appropriately trained person onsite to render first aid) (https://www.dir.ca.gov/title8/1512. html) Reporting to Cal/OSHA any serious injury, illness or fatality (notification within 8 hours is required) (https://www.dir.ca.gov/ title8/342.html)
Cal/OSHA (California) conducts the most inspections in the nation, with a total of 7,500+ inspection, resulting in over 18,900 hazards cited—the average current penalty per serious violation was $7,822, exceeding the national average.
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SAFETY REGULATION UPDATE: UCON provides updates on
members in a work-related crisis, where contractors encounter catastrophic job site incidents, including serious injuries and fatalities.
SAFETY ADVISOR: For many safety related questions and
concerns, members can contact UCON directly for assistance.
SAFETY COMMITTEE: UCON’s statewide Safety & Insurance Committee meets every six weeks via Zoom, and monitors and advocates on Cal/OSHA issues and more (see page 28).
SAFETY PRODUCTS:
UCON’s safety products are FREE to members, and are easily found in our membersonly Contractor Resources Library. • Safety Handbook • Field Accident and Investigations Kit • Traffic Control Guide • Competent Person Field Guide (English/Spanish)
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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Tried & True
PERFORMANCE 0 PERCENT.* 0 DOWN. 0 HASSLE.
+ $500 USD TOWARDS A PROTECTION PACKAGE.* Unlike the quality and dependability of Cat® compact equipment, these savings won’t last a lifetime. It’s high time you connect with Peterson Cat for big deals and an unbeatable Protection Package. Good things come to those who wait. act now .
844-349-4353
| petersoncat.com/bcpoffer
*Offer valid from July 1, 2022 through December 31, 2022 on new small (compact track loaders, compact wheel loaders, micro/mini excavators, skid steer loaders) and new compact (backhoe loaders, telehandlers, small dozers, small wheel loaders) Cat® machines sold by participating Cat dealers to customers in the USA or Canada. Purchase and delivery must occur during offer period. Offer subject to machine availability and credit approval by Cat Financial. Not all customers will qualify. Length of contract is limited. 0% offers may vary by model and dealer. Payments are based on term length. Payments do not include taxes, freight, set-up, delivery, document fees, inspections, additional options, or attachments. The credit of up to $500 USD can only be applied towards the purchase of a qualifying Cat Customer Value Agreement (CVA) or qualifying Equipment Protection Plan (EPP). Amount of the credit cannot exceed the price of qualifying CVA or EPP. CVA must include 1-year preventative maintenance parts kit, TA1 annual inspection, signed CVA contract and Product Link®. Amount of credit towards CVA or EPP is the same for all models. In some areas, EPP might be sold separately from the CVA. Offer may change without prior notice and cannot be combined with any other offers. Additional terms and conditions may apply. Contact your Cat dealer for details. P233_0622 ©2022 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.