United Contractors Magazine July 2023

J U LY 2 0 2 3 I S S U E / V O L U M E 2 2 9 W W W.U N I T E D C O N T R AC T O R S . O R G

Safety is...

“our culture” “the goal” “proactive” “power” “a requirement”

“top priority”

“profitable”

“everyone goes home”

“responsibility” “our core value”

Safety is Everything.

SPECIAL SAFETY ISSUE: UCON’s R.E.A.L. Safety Award Winners p.14 _____________________________ Industry Safety & Health Updates p.22 _____________________________ Last Call: UCON’s Crisis Response p.46

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INFRASTRUCTURE The Nor Cal Carpenters Union and it’s contractors invest over 45 million dollars annually to train our members in the latest industry standards, innovations and technologies. We will bring your infrastructure project in on time and on budget.

magazine

CONTENTS

2023 UNITED CONTRACTORS BOARD OFFICERS President..................... Ron Bianchini, Preston Pipelines, Inc. VP/President-Elect.............. Kevin Hester, McGuire and Hester Secretary/Treasurer...........Dale Breen, Midstate Barrier, Inc. Sec/Treas-Elect.......Juan C. Arrequin, Bay Line Cutting & Coring, Inc.

UNITED CONTRACTORS BOARD OF DIRECTORS Kelly Attebery, F & M Bank; Tom Barr, Ghilotti Bros., Inc.; Bryn Burke, Dees Burke Engineering Constructors, LLC; Teresa Dias, Peterson Trucks, Inc.; Kurt Eddy, Pavement Recycling Systems, Inc.; Greg Goebel Jr., Goebel Construction, Inc.; Alan Guy, Anvil Builders; Jeff Peel, Steve P. Rados, Inc.; Joe Sostaric, The Conco Companies

UCON LEADERS

United Contractors Committee Chairs Associates: Teresa Dias (Associate Director), Peterson Trucks, Inc. | Kelly Attebery (Associate Director-Elect), F & M Bank | Caltrans: Michael Ghilotti (Chairman), Ghilotti Bros., Inc. | Legislative: Rob Layne, O.C. Jones & Sons, Inc. | Political Action (PAC): George Furnanz, Stacy and Witbeck, 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; Ursula Becker, 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, Contractor Member Services, Southern CA; 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, Director of Events & Education; Christine Traina, Event Manager; Rachel Oraa, Event Assistant; Avanti Mehta, Education Assistant; Marissa Miller, Marketing & Communications Manager; Michelle Vejby, Publications Manager; Eddie Bernacchi, UCON Chief Lobbyist; Christopher Lee, Safety Consultant; Drew Delaney, Mike Buckantz, Regulatory Consultants

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6 UP Front

Prioritize Safety

By Ron Bianchini, Preston Companies, UCON 2023 President

8 LABOR

Think Union CBA Substance Abuse Policies Got You Covered? Think Again...

By Victor Sella, VP of Labor Relations

Prevailing Wages 101

By Ruby Varnadore, Labor Contracts Manager

• •

Spotlight on Negotiations Contract Corner

By UCON’s Labor Relations & Member Services Team

14

R.E.A.L. Safety awards

32 FACES

UCON’s Fearless Field Leader

MORE INSIDE:

Cover image, courtesy Walsh Construction Company II, LLC United Contractors Magazine (ISSN: 2166-3777) is published monthly, 11x a year, 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. © 2023 Published in the U.S.A.

JULY 2023

CONNECT WITH U N I T E D C O N T R ACTO R S :

26 INSIDE THE CAPITOL 30 NEXT UP - EDUCATION 34 NEXT UP - EVENTS 38 LEAD - BUILT ON TRUST 42 WE ARE UCON 44 MEMBER NEWS 46 LAST CALL J U LY 2 0 2 3

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By Ron Bianchini, Preston Companies UCON 2023 President

PRIORITIZE SAFETY

FOR YOUR WORKERS, FOR YOUR COMPANY, AND FOR THE INDUSTRY As one of the most essential industries in the world, the construction industry has always played a key role in shaping our society. Heavy civil contractors, in particular, are tasked with building and maintaining the critical infrastructure that keeps our communities functioning. From roads and bridges to airports and water treatment plants, members of our industry play a vital role in the development of our modern world.

However, construction is also one of the most dangerous industries in the world. According to the United States Bureau of Labor Statistics, the construction industry had the highest number of fatalities of any industry sector in 2019. UCON recognizes the importance of construction safety and has made it a top priority for our members.

Of the many reasons why construction safety is so crucial for heavy civil contractors, these are a few of the most paramount:

Operating Safely will Protect Workers’ Lives and Health This is our number one priority in our industry—making sure every single worker comes home safely at the end of the day. We are involved in large-scale projects that require heavy machinery and equipment, and this can be dangerous if not properly managed and trained for.

Workers may be exposed to risks such as falls, cave-in, electrocution, and machinery accidents, which can result in severe injuries or even death.

We can minimize the risks to our workers’ lives and health by implementing and enforcing robust safety measures. This can include providing training and equipment, ensuring compliance with safety regulations, and conducting regular safety audits. Utilize the resources in UCON’s Contractor Resource Library, and reach out to Chris Lee, UCON’s Safety Consultant, who is available for questions and help.

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Prioritizing Safety will Reduce Downtime and Costs Construction accidents and injuries can result in downtime and lost productivity, which can have a significant impact on project timelines and costs. This can be particularly costly for members of our industry as our projects are often time-sensitive and require precision planning.

By prioritizing construction safety, we can reduce the likelihood of accidents and injuries occurring on-site.

This can help to minimize downtime and ensure that projects are completed on time and within budget.

Running a Safe Jobsite Maintains Reputation and Trust Construction safety is not just about protecting workers’ lives and reducing costs; it is also essential for maintaining a contractor’s reputation and trust with our clients. Clients expect heavy civil contractors to take measures to minimize risks on their projects.

As leaders of our industry, we have built and maintained trust with our clients by demonstrating a solid commitment to construction safety. Continuing to operate at the highest standards of safety and transparency will result in increased business opportunities, repeat business, and positive word-ofmouth recommendations.

For 40 years, United Contractors has maintained a Safety & Insurance Committee made up of safety professionals across the industry, that provides the membership with information on safe operation in the industry, increases preventative safety programs, thus creating a reduction of liability expenses. This committee is open and welcomes UCON members to sit in on meetings or lend their voice to the conversation.

In this issue, we celebrate recipients of UCON’s R.E.A.L. Safety Awards (see page 16). This program honors the safest companies in our industry by Recognizing Excellence, Awareness, and Leadership in safety. We congratulate the winners in categories for Man-Hours, Most Improved Safety Rating, Safety Hero, and Most Unique Safety Project.

“This is our number one priority in our industry—making sure every single worker comes home safely at the end of the day.”

In this issue’s Last Call feature, we address and outline a simple, threephase crisis response should you find yourself in the unimaginable event of a critical incident on a jobsite.

Additional crisis response resources live on the UCON website at www.unitedcontractors.org/crisis.

United Contractors is committed to promoting construction safety among our members and

advocating for safety standards and regulations that protect workers in the construction industry. Please lean on the experts at UCON for your safety, compliance, insurance, and OSHA questions. They are there to help ensure our industry stays safe, successful, and strong. z

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By Victor Sella, Vice President of Labor Relations

THINK UNION CBA SUBSTANCE ABUSE POLICIES GOT YOU COVERED? THINK AGAIN...

All union collective bargaining agreements (CBAs) UCON negotiates contain substance abuse policies (SAPs). These SAPs specify when testing is allowed on union-represented employees, what types of tests may be performed, and what substances can be tested for, along with notification requirements to employees and the union.

Many contractors confuse these rules to mean that employers have no rights or say beyond the letter of these union SAPs. But that is simply not the case. While contractors are bound to the SAPs, there’s more to substance abuse policies than what, when, and how you can test.

One critical policy question contractors need to consider is, “What is your company’s tolerance for employees found under the influence while on the job?” Many contractors have a “zero tolerance” policy, meaning that if someone is found under the influence while on the job, they are immediately terminated. While this makes sense in a lot of ways for our industry, others take a caseby-case approach, sometimes even offering last-chance agreements if someone takes advantage of the various employee assistance programs offered by the unions.

Regardless of what your company’s policy position is, it is critical that:

Thank you to all of our employees for their efforts in continuing to plan and build our projects safely!

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 8

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

1. Your company develops and/or reviews your policy periodically, 2. Your policy is memorialized and distributed to all employees, and 3. You stick to your policy.

I cannot stress enough the importance of consistent application of your substance abuse policy. In the end, a policy is only effective and sustainable under grievance or legal scrutiny if it is followed. Otherwise, preferential treatment for one employee versus another can easily undermine any defense of your future employment decisions related to substance abuse in the workplace.

Another question more employers are considering is whether to test for marijuana. Legalization and generational preferences towards recreational use have

pushed this question to the forefront of testing policy across most industries. In the fight to hire and retain talent, some contractors are reconsidering when and how they test.

In the end, we recommend that contractors adopt strong substance abuse policies that support safe and healthy work environments that prioritize safety for their employees and all those they encounter on the jobsite and beyond. If you’re not sure where to start on developing or revamping your policy, contact UCON— we’re here to help.

Substance abuse is a real issue for our industry. But more help is available than most realize. If you feel any of your workers need or may need assistance or support, do not hesitate to reach out to UCON or the union to help your employees get access to their union’s employee assistance program. These programs are topnotch and come at no cost to you or your employees.

Finally, make sure your company has copies of all the current union substance abuse policies and any required

forms. They are available to our members in the Contractor Resources Library of the United Contractors website (www.unitedcontractors.org), along with reference charts for both Northern CA and Southern CA that summarize key items in those policies. Your Contractor Help Desk team can also help with guidance and interpretation related to the union policies— (925) 855-7900, or memberinfo@unitedcontractors.org. z

UCON MEMBER BENEFIT

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UCON members are eligible for a member discount from AWSI/DISA Global Solutions. Statewide services encompass assisting with and managing your policy, including collections and testing, lab analysis, tracking, and training of management employees.

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J U LY 2 0 2 3

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By Ruby Varnadore, Labor Contracts Manager

PREVAILING WAGES 101

Have Prevailing Wage Questions?—Take UCON’s Class!! ____________________________

Certified Payroll–Answering Contractors Most Frequently Asked Questions Thursday, August 10; 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.

O

ver half of the calls and e-mails that come into our Contractor Help Desk are about prevailing wage compliance, including paperwork and apprentice manning requirements. Even companies who have been doing public works jobs for years can get tripped up, especially when new employees haven’t been fully trained or there isn’t clear communication on who needs to do what within your company. Additionally, the past ten years have seen an increase in enforcement by labor compliance officers on many areas of compliance that weren’t consistently enforced in the past. Here’s a review of the basics and more resources to help you navigate the rules.

WHO IS DEFINED AS A PUBLIC WORKS CONTRACTOR? If you work or bid on a public works project, then you are considered a public works contractor. The term “public works contractor” includes subcontractors, and it can also include businesses that are often considered to be service providers such as truckers and surveyors. All public works contractors must fulfill four key responsibilities.

1. Register as a public works contractor (annual renewal required) 2. Pay prevailing wages 3. Follow apprenticeship requirements (for projects of $30,000 or more) 4. Maintain and submit certified payroll records

WHAT IS THE DEFINITION OF PUBLIC WORKS? •

Construction, alteration, demolition, installation, or repair work done under contract and paid in whole or in part out of public funds.

•

It can include preconstruction and post-construction activities related to a public works project.

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.

•

Many specific scopes of work have been added through legislation over the years, including ready-mix concrete and the on-haul and off-haul of defined materials.

•

UNITEDCONTRACTORS.ORG/ CALENDAR

For a full definition of public works refer to Labor Code Sections 1720 - 1720.9.

WHAT ARE PREVAILING WAGES?

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All workers employed on public works projects over $1,000 must be paid the prevailing wage determined by the Director of the DIR (state)

or the Administrator of the Wage and Hour Division of the U.S. Department of Labor (federal) according to the type of work and location of the project. The prevailing wage rates are usually, but not always, based on rates specified in collective bargaining agreements.

•

State (“little Davis-Bacon”)

•

Federal Davis-Bacon

Prevailing wages may also be required on private projects if they have any public funds, or if the project owner requires prevailing wages in their contract.

Note that all employees on the jobsite are not necessarily covered by prevailing wages. If a worker performs work that is covered by a prevailing wage determination and is classified as work by one of the crafts, then they are covered. If they are a purely supervisory employee who does not do any craft work, then they are not covered.

HOW DO WE KNOW IF DAVIS-BACON (FEDERAL) OR CALIFORNIA DIR (STATE) PREVAILING WAGES ARE APPLICABLE? Applicability is defined by Labor Code Section 1771 and California Code of Regulations (CCR) Section 16001. Davis-Bacon applies to 100% federally funded and administered projects, such as Federal Highway Administration (FWHA), Federal HUD, or U.S. Military bases. If there is any state or local money involved, then it is covered by California prevailing wages. If there is federal funding or assistance but it is administered by a state or local agency, then the higher standard will apply (usually California prevailing wages).

NEED TO KNOW MORE? DIR Website: – –

FAQ on contractor registration, certified payroll reporting and other aspects of prevailing wage compliance - https://www.dir.

Public Works Manual - https://www.dir.ca.gov/ dlse/PWManualCombined.pdf (NOTE: This has not been updated since 2018.)

Code References: – Labor Code - https://leginfo.legislature.ca.gov/ faces/home.xhtml - click on “California Law,” then “Labor Code” – California Code of Regulations - https://www.dir. ca.gov/Counters/t8index.htm Resources from UCON in our Contractor Resources Library: – Apprenticeship Basics for Public Works – Trucking Prevailing Wages Reference Guide – Skilled & Trained Workforce Guide

WHAT IS THE EFFECTIVE DATE AND DURATION FOR PREVAILING WAGE RATES?

Prevailing Wage & Labor Compliance Webinars from our Affiliates:

State prevailing wage rates are effective from the bid advertisement date (not the bid date, award date, or date that work is begun) through completion of the project. Predetermined increases that are posted with the applicable determination are also part of the prevailing wage rate. Davis-Bacon wage rates are effective from the contract solicitation date through the completion of the project. Union contractors are still responsible for factoring in and paying annual wage increases, unless the collective bargaining agreement provides otherwise. z

Foundation for Fair Contracting www.ffccalifornia.com/registration-handouts – July 25, 2023 – September 13, 2023 – October 5, 2023 Center for Contract Compliance www.socalccc.org/registration – July 12, 2023 – September 20, 2023

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By UCON’s Labor and Member Services Team

SPOTLIGHT ON NEGOTIATIONS:

New UCON-Cement Masons Master Agreement UCON reached a 4-year agreement with the Cement Masons (N. CA), effective July 1, 2023, and will take on joint masthead status for the first time, meaning our agreement will set prevailing wages with the DIR. Highlights of the new agreement include: • •

4.3% average increases Removal of double time after missed meal period provisions

•

Enhanced PAGA waiver and statutory claims protections Special rates for non-mandatory training and modified duty

• •

Inclusion of subcontracting relief bargaining requirement in outlying areas

Information on the new agreement is available to our members in the Contractor Resources library of the United Contractors website, www.unitedcontractors.org.

We would like to take this opportunity to thank all of the negotiating team members for their dedication, and for all their contributions of time and expertise.

UNITED CONTRACTORS CEMENT MASONS NEGOTIATIONS TEAM:

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 Michael M. Lum 12

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

Andy Vasconi; Casey-Fogli Concrete Contractors (Co-Chair) Ron Fadelli; Berkeley Cement, Inc. (Co-Chair) Catherine Moncada; Granite Construction Company Jesse Rivas; Brosamer & Wall, Inc. Louis “LJ” Fisher III; Cell-Crete Corporation United Contractors Staff: Victor Sella

“The negotiating team led by Andy Vasconi and Victor Sella did an amazing job on preparing the group for success. The team worked diligently on the UCON contractors’ key issues which focused the group.

Additionally, the Cement Mason negotiators led by Cody Bik and Emilio Aldana did a great job at representing their members.”

—Ron Fadelli, Berkeley Cement, Inc.

CONTRACT CORNER

2023 Union Rate Allocations

U

nited Contractors has received wage and fringe benefit allocations from the unions for the 2023 Master Agreement increases (unless negotiations are still in process).

Notifications have been sent out to our contractor members in bulletins, and members can easily find all the new rate sheets on our CBA’s and Rates page, as well as download them from our Contractor Resources Library.

Updates to the DIR’s prevailing wage determinations will not be reflected until September 1, unless they are already under the predetermined increases. Future negotiated increases beyond 2023 (for bidding purposes) are also available in the Contractor Resources Library. Contact the UCON Labor & Member Services team at (925) 855-7900 or memberinfo@unitedcontractors.org if you have any questions. z

RECOGNIZING ROCCO DAVIS UCON representatives attended the Laborers’ International Union of North America (LiUNA) Pacific Southwest Region 2023 Conference in May. This year’s conference honored retiring PSW Regional Manager Rocco Davis for his service to LiUNA and the industry. Steve Clark (Granite Construction Company) joined other association representatives in congratulating and thanking Rocco.

Rocco served as Vice President and Regional Manager of (LiUNA) since 2001. He was Chairman of the LiUNA Pacific Southwest Regional Organizing Coalition, National Alliance for Fair Contracting, Laborers-Employers Cooperation and Education Trust Southwest and International

Accreditation Service. He also served as a trustee on many of the Laborers’ national trusts. z “Rocco Davis has been a collaborative partner to UCON for decades assisting in market share improvement and labor management progress.

His contributions have been noteworthy.”

—Mark Breslin, CEO, United Contractors

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R.E.A.L. Safety awards 2022 winners

RECOGNIZING EXCELLENCE, AWARENESS & LEADERSHIP IN SAFETY

CONGRATULATIONS 2022 SAFETY AWARD WINNERS

U

nited Contractors R.E.A.L. Safety Awards Program—Recognizing Excellence, Awareness, and Leadership in safety—is proud to announce our 2022 award winners.

The safety awards program has been developed to highlight the importance of building a culture of safety in each and every organization. UCON prioritizes safety as an industry core value, and honors our members for their commitment to this safety culture. Within the construction industry, lives are at stake every day. We applaud our remarkable members for their efforts to not only comply

UCON’s R.E.A.L. Safety Awards: Recognizing Excellence, Awareness and Leadership in Safety!

The UCON Safety and Insurance Committee has been going strong for 40 years, and we are proud to uphold safety as the top priority in all of our organizations.

In the construction industry, we are constantly changing and adapting to new laws, regulations, protocols and learning from lessons learned. Last year, 2022, was no different. We were faced with new laws, new regulations, new protocols, and new challenges that we had to overcome.

We as a Safety Committee strive for perfection. Not only in the field and at our respective companies,

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with rules and regulations, but also to protect workers so that everyone makes it home safely at the end of the day.

The UCON Safety Awards program is open to all UCON contractor companies. Winners were chosen within several different categories: man-hours worked in 2022, most improved safety (incident) rating, safety hero, 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. z

Intro by Robert Sabin, Harbor Linx, Inc. UCON Safety & Insurance Committee Chair

but as a committee as well. The UCON Safety Awards reflect our dedication. The judges put forth a lot of time and effort into making sure the criteria is set, judging each individual entry anonymously. Thank you to the judges for this year’s awards. And congratulations to the 2022 UCON Safety Award winners! I encourage everyone to submit an entry for the 2023 awards!

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! z

Category: 1,000,000+ Man-Hours: The Conco Companies “Conco is deeply honored to receive the UCON R.E.A.L. Award for safety, as it recognizes our unwavering commitment to ensuring the safety of our employees and customers.

Safety is a core value at Conco, and we have implemented rigorous safety protocols and training programs to ensure that our operations are conducted in a safe and responsible manner.

We believe that safety is not just a priority, but a core value of our business, and we are constantly striving to model that value from the President of the company to the first-day apprentice.

This award is a testament to the hard work and dedication of our employees, who have embraced our safety culture and made it an integral part of their daily work. We are proud to be recognized for our safety efforts, and we will continue to prioritize safety in all aspects of our business to ensure the well-being of our employees, customers, and communities.”

— Adam Rich, Corporate Safety Manager, The Conco Companies J U LY 2 0 2 3

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R.E.A.L. Safety awards

RECOGNIZING EXCELLENCE, AWARENESS & LEADERSHIP IN SAFETY

Category: 500,001-1,000,000 Man-Hours: Ghilotti Bros., Inc. “We are proud and honored to be recognized and selected by the UCON Safety Committee as a winner of the 2022 R.E.A.L. Safety Awards.

Safety is one of our core values and we never stop improving on it. We equip and empower everyone on our teams to operate safely and be a part of upholding our safety culture. We vigilantly maintain a safe workplace so that every employee and subcontractor on our projects can return home to their families at the end of the day just as healthy as they started it. Congratulations to all of our employees and crews across the Bay Area for achieving such a high level of recognition in Safety.”

— Michael Ghilotti, President, Ghilotti Bros., Inc.

Photos: (top) company group photo; (top right) Foster City Safety Huddle; (right) Safety BBQ 16

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Category: 250,001-500,000 Man-Hours: Unified Field Services Corporation “Unified, as a company, upholds a safety philosophy rooted in consistency and attention to detail. We understand that maintaining a safe work environment requires unwavering adherence to established safety protocols and procedures.

By consistently implementing and reinforcing safety measures throughout our operations, we ensure that safety remains a top priority at all times. Additionally, our commitment to attention to detail means that we leave no stone unturned when it comes to identifying and mitigating potential risks. Through this philosophy, Unified strives to provide a secure and accident-free workplace for all employees, fostering a culture of safety and well-being.”

— Travis DeBondt, Safety Manager

Category: 100,000-250,000 Man-Hours: KDW Construction, LLC “KDW Construction has a deep-rooted culture in safety; it’s an integral part of everything we do from planning, to delivery of services. At KDW Construction, we believe effective communication is the key to safety! We host regular all-hands-on meetings to discuss lessons learned in safety, and incorporate regular safety toolboxes to all of our crew members. This is continued at every project site with pre-task planning, daily JHA/JSA forms, and morning safety huddles with all site workers and site safety walks. At KDW Construction, our scope of work requires “Skilled & Trained” personnel with multiple hours of specialized training and experience. We define the expectations of safe working procedures at all our job sites from required PPE to proven qualified use of tools, equipment, machinery, and it is this methodology that has yielded us an impeccable safety record and current EMR of .79.”

— D.J. Woods, Owner, KDW Construction, LLC * “TEAM ZERO” recognizes those having a zero incident rate for the 2022 J U LY 2 0 2 3year.

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Category: Up to 100,000 Man-Hours: Fontenoy Engineering, Inc. “Fontenoy is incredibly honored to be selected for a 2022 R.E.A.L. Safety Award by United Contractors. Safety is at the forefront of everything we do and we consider it to be our top priority. The team is very proud to receive this recognition for our hard work. In 2022, we worked on our safety culture by providing every individual with distinct roles and responsibilities. We also continued training opportunities for our employees and ensured that all qualifications and certificates were up to date. We even had the opportunity to introduce and update safety programs as well as improve our document control and recording processes. We are extremely satisfied with the progress we made in 2022 and we have continued to improve our safety culture in 2023.

— James Muldoon, Project Manager, Fontenoy Engineering, Inc.

Most Improved Safety Rating:

implementation of control measures to minimize or eliminate potential hazards.

Ultimately it has been the “It SMCI’s belief that all accidents, injuries, and illnesses continued goal to achieve a are preventable through proactive measures. This safe and healthy workplace involves creating a culture of safety where everyone takes for all: “We all go home safe.” responsibility for their own safety as well as that of others.

— Doug Benton, President, This includes risk assessment, hazard identification, and the Sierra Mountain Construction, Inc.

Sierra Mountain Construction, Inc.

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* “TEAM ZERO” recognizes those having a zero incident rate for the 2022 year.

R.E.A.L. SafetY awards Program

RECOGNIZING EXCELLENCE, AWARENESS & LEADERSHIP IN SAFETY

UCON recognizes the following contractor members, in the ‘Up to 100,000 Man-Hours category,’ who achieved “Team Zero”—having a zero incident rate in 2022:

CIVIL

CONSTRUCTION

562 756 3186

ROBT. BURNS

LICENSE#

1063966

General Engineering Contractor, Inc. 2501 N. Wigwam Drive Stockton, CA 95205

Phone (209) 943-6969

Fax (209) 943-1718 E-mail: request@robertburnsconstruction.com www.robertburnsconstruction.com Robert Burns President Mark Burns Vice President

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R.E.A.L. Safety awards

RECOGNIZING EXCELLENCE, AWARENESS & LEADERSHIP IN SAFETY

Safety Hero of the Year:

Jesse Ruan, Safety Manager, JMH Engineering and Construction, Inc. “Jesse Ruan, our Safety Manager here at JMH Engineering and Construction practices and promotes a zero-accident safety culture. His goal is to always have our team leave the same way they came in. Working safely is not only a requirement, it’s a condition of employment, and no matter how big the project or what the deadlines might be, safety will never be jeopardized for production.”

— Matt Lovingier, CEO, JMH Engineering and Construction, Inc.

CA Lic. #569352

YOUR PROJECT

YOUR SCHEDULE

The local team you know and trust, with the CA footprint to cover all your work.

100% Employee Owned 20

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Most Unique Safety Project:

Sierra Mountain Construction, Inc. “Sierra Mountain Construction, Inc. takes pride in expanding its portfolio at any opportunity, and during the summer of 2022 our team was able to take on and successfully complete a gantry crane rail extension project involving intensive coordination, planning and follow-through. The high-risk nature of the powerhouse facility, where both demolition and new construction was performed for the project, required our team to carry out all work with precision from handoff to closeout.

The scope of work for this contract was new construction of two forty-foot-long gantry crane rails, with eight-foot deep footings. Additional tasks included demolishing reinforced concrete, paving new access roadways, installing removable chain link fences and entry gates, performing electrical work, installing two new crane stops, and extending reinforced retaining walls. In order to layout the reinforced concrete footings, rock excavation was required to expose the parallel trenches. Our team worked closely with the facility’s owner and presented a precision plan for rock demolition, while also ensuring preservation of the facilities objective to remain operational during work. This involved the utilization of expanding grout and hydraulic hammers attached to full-size excavators. Precautions were taken to safeguard the facility from any potential harm or possible down time throughout the project.

The success of the project was due to the collaborative efforts of all parties, who prioritized safety from the onset of the project through completion. Environmental parameters

were upheld throughout the project duration, taking special care at any potential runoff locations leading to the adjacent Tuolumne River. We take pride in our partnership with this client, which has continued to flourish through successful projects such as this, characterized by exceptional quality and unwavering commitment to safety.”

— Doug Benton, President, Sierra Mountain Construction, Inc. J U LY 2 0 2 3

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By Christopher Lee, UCON Safety Consultant

UCON SAFETY & HEALTH UPDATES

C

ontractors are advised to be aware of several important safety and health issues and ensure that their safety programs, and training efforts are up-to-date. Issues outlined include: • • • • •

Non-emergency COVID-19 Prevention regulation, Worker Safety and Health in Wildfire regions, Heat Illness Prevention for Outdoor workers, Cal/OSHA’s Most Frequently Cited Standards in Construction, and Assembly Bill No. 521.

A proposed Indoor Heat Standard, and a proposed revision to the Lead in Construction standard are also highlighted in this issue.

NON-EMERGENCY COVID-19 PREVENTION STANDARD The Cal/OSHA Standards Board adopted a NonEmergency COVID-19 Prevention regulation which became effective on February 3, 2023. It will remain in effect until for two years. Recordkeeping sections will remain in effect for three years.

These non-emergency regulations include some of the same requirements found in the COVID-19 Emergency Temporary Standards (ETS), plus new provisions aimed at making it easier for employers to provide consistent protections to workers and allow for flexibility if changes are made to California Department of Public Health (CDPH) guidance in the future.

Important changes include the elimination of the requirement to pay exclusion pay to employees while they are excluded from work, and employers no longer need to maintain a separate written program—they can include their COVID plan in their IIPP if they wish.

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Cal/OSHA has prepared a helpful resource “COVID-19 Prevention Non-Emergency Regulations” which contains the standard, Fact Sheets, FAQs, and a Model COVID-19 Prevention Program: This resource can be reviewed here: https://www.dir.ca.gov/dosh/ coronavirus/Non_Emergency_Regulations/

WORKER SAFETY AND HEALTH IN WILDFIRE REGIONS Wildfire smoke and cleanup operations present hazards that contractors and workers must understand and respond to in an appropriate manner. Smoke from wildfires contains chemicals, gases and fine particulates that can harm health.

Proper protective equipment and training is required for worker safety in wildfire regions.

• • • • •

Identification of harmful exposures Communication Training and Instruction (see Appendix B of the section for specific subjects) Control of harmful exposures Specific particulate sampling requirements if an employer opts to monitor exposure with a direct reading instrument.

Cal/OSHA’s resource page can be reviewed here: https://www.dir.ca.gov/dosh/Worker-Health-andSafety-in-Wildfire-Regions.html

HEAT ILLNESS PREVENTION According to the National Weather Service, the summer of 2023 is likely to be hot in the U.S. and not just because it is typically the season to swelter. Ocean temperatures, soil moisture, forecast models and long-term trends are all contributing factors in predicting a warmer-thannormal summer this year.

For the period July–September, temperatures are likely above normal, and there’s an increase in what’s called the “heat index.” High relative humidity combined with high heat makes a person feel hotter than just the temperature.

Since 2005, Cal/OSHA has regulated outdoor worker exposure to heat through enforcement of this regulation, and a wide array of educational and training materials for use by employers to help them voluntarily comply.

Two excellent resources are Cal/OSHA’s “Heat Illness Prevention eTool” prepared by the Cal/OSHA Consultation Service (the non-enforcement arm of

achinery

Cal/OSHA). It contains the regulation, Best Practices, and Employer Sample Procedures for Heat Illness Prevention. It can be reviewed here: https://www.dir. ca.gov/dosh/etools/08-006/index.htm The other resource is UCON’s Safety Handbook, Section Q—Heat Illness Prevention. It can be reviewed here: https://www.unitedcontractors.org/members/ contractor-resource-library?f%5B0%5D=subject%3A2491 Employers are advised to check their programs to ensure they are consistent with the current regulation as the subject of heat illness prevention is the most frequently cited regulation in the construction industry.

Continued on next page

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CAL/OSHA’S MOST FREQUENTLY CITED STANDARDS IN THE CONSTRUCTION INDUSTRY The five most frequently cited standards against construction contractors totaled 1,108 violations, with a total of $1,189,481 in penalties. These five standards have been on the books for many years, and contractors are advised to check their safety programs to ensure they are in compliance with the applicable standard.

Heat Illness Prevention (https://www.dir.ca.gov/ dosh/etools/08-006/index.htm)

PROPOSED REVISIONS TO THE CONSTRUCTION LEAD STANDARD Cal/OSHA has been working on revisions to the Occupational Exposure to Lead in Construction since 2010-2011. The current laws were essentially copied from federal regulations that have been in place since 1979.

Important proposed regulatory changes: •

The first proposed change will require a reduction in the Permissible Exposure Limit (PEL). As proposed, the PEL will drop from 50 micrograms of lead per cubic centimeter of air (µg/m3) to 10 µg/m3. Many requirements kick in when workers are exposed above this new level including requirements to wear protective suits, use a respirator, and take an on-site shower after exposure

•

The second—and potentially more significant— change for most contractors and maintenance crews, will be a reduction in the action level. As proposed, the Action Level (AL) will drop from 30 µg/m³ to 2 µg/m³ of air. If implemented, this reduction may require: • Workers will be required to get Action Level training • Additional air samples will need to be taken • Blood level monitoring of the crew will be required

Injury and Illness Prevention Program (https:// www.dir.ca.gov/title8/1509.html) Code of Safe Practices (https://www.dir.ca.gov/ title8/1509.html) Reporting of Work-Related Injuries and Illnesses (notification within 8 hours is required) (https:// www.dir.ca.gov/title8/342.html) Emergency Medical Services (having an appropriately trained person onsite to render first aid) (https://www.dir.ca.gov/title8/1512.html)

ASSEMBLY BILL (AB) 521 Authored by Assembly Member Rebecca Bauer-Kahan (D-San Ramon), the bill would require that Cal/OSHA adopt a regulation by 2025 requiring construction sites with at least two restrooms to have a least one reserved for women. The bill does not require women to be working at construction sites to trigger the requirement. The Assembly Member stated that “Women in the trades already face so many barriers, bathroom access should not be one of them.”

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The proposed revision of the regulation is here: https:// www.dir.ca.gov/oshsb/documents/Lead-proptxt.pdf UCON has partnered with over 20 other construction associations to register our serious concerns about the proposed revisions, and draft letters of opposition have been drafted and will be distributed momentarily.

Join UCON’s Safety and Insurance Committee Our Safety and Insurance Committee’s last July meeting featured Cal/OSHA Consultation Service Senior Safety Engineer, Gary McIver, who discussed hazard correction, hazard identification and overall safety procedures—contact Ursula Becker, Executive Assistant to the EVP, at ubecker@unitedcontractors.org for more information on future meetings.

PROPOSED INDOOR HEAT REGULATION Although only a proposed regulation at this time, contractors should be aware that the Cal/OSHA Standards Board is considering an indoor heat standard that kicks in at 82° Fahrenheit and has extra requirements once the indoor temperature exceeds 87° Fahrenheit. There could be some limited applications to UCON members who maintain workshops, storage buildings, construction trailers, etc.

The proposed regulation can be reviewed here: https:// www.dir.ca.gov/oshsb/documents/Indoor-Heatproptxt.pdf

UCON’S SAFETY AND INSURANCE COMMITTEE The Safety and Insurance Committee provides our 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. It is an open committee to those interested in effective, streamlined safety regulations—join the group, and make a difference.

•

Currently 30+ UCON members statewide make up the committee (safety directors, vice-presidents of safety, and senior safety personnel), which meets approximately every six weeks (mostly virtual).

•

Chairman: Robert Sabin, Harbor Linx, Inc.

•

UCON Staff Liaison: Chris Lee, Safety Consultant

•

For more information, contact Ursula Becker, Executive Assistant to the EVP, (925) 362-7307, ubecker@unitedcontractors.org.

TAKE ADVANTAGE OF UCON’S SAFETY SOLUTIONS United Contractors is committed to helping our members meet the safety requirements set for the industry. Let UCON help you with construction safety regulations, and even citations, should they occur. We provide a wide range of services that will ensure your company and employees are protected: •

Assistance of Cal/OSHA questions, problems and citations.

•

Advocacy on pending OSHA regulations, and informs members of new requirements.

•

Numerous safety products and resources designed to prevent jobsite injuries and OSHA compliance (many FREE to members).

•

Safety Advisor—for safety questions and concerns, contact UCON’s Safety Consultant, Chris Lee at (925) 855-7900, ccarllee@sbglobal.net.

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By UCON’s Political Advocacy Team

UCON’S GRASSROOTS ADVOCACY IN ACTION UCON Applauds Passage of Governor Newsom’s Infrastructure Streamlining Proposal $180 billion in critical energy, water, and transportation infrastructure projects will be accelerated over the next decade.

On June 26, California’s State Legislature agreed to advance Governor Newsom’s streamlining package that will accelerate delivery of transportation, water, and energy infrastructure projects, unlocking $180 billion in funds over the next decade.

United Contractors was amongst a coalition of more than 120 industry leaders urging the State Legislature to adopt the Governor’s proposal to streamline permitting, cut red tape, reduce time-consuming litigation, and speed up project delivery while saving state and local governments and businesses hundreds of millions of Other law firms interpret construction law. dollars.

Carno Law Group Defines it.

“This is the most ambitious effort to cut red tape and streamline regulations in a half century” said Emily Cohen, UCON Executive Vice President. “We applaud the State Legislature for adopting Governor Newsom’s infrastructure streamlining proposal as part of this year’s state budget. By reducing hurdles and streamlining regulations, California can get to work faster building vital transportation, water and energy infrastructure that will improve the lives of all Californians while creating hundreds of thousands of industry jobs across the state.”

Hundreds of UCON members engaged in the organization’s grassroots campaign to urge the state legislature to pass this reform package.

United Contractors has long championed many of the proposals included in the Governor’s regulatory reform package to create a better business environment for our contractors and increase delivery of critical infrastructure projects across California—keeping our industry moving ahead. z 26

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VISIT UCON’S GRASSROOTS ADVOCACY CENTER— MAKE YOUR VOICE HEARD! Act Now to Oppose Proposed Drastic Lead Standards Revisions Cal/OSHA Proposed Lead Standards Pose Significant Financial Burden to Contractors & Construction Workers.

The proposed revisions will present significant compliance cost burdens to contractors and invasive medical and privacy requirements for workers without any evidence of being necessary to protect worker safety.

Background—Cal/OSHA Standards Board has proposed changes to the California Code of Regulations, Title 8, Section 1532.1 related to Lead. The Division of Occupational Safety and Health has framed the proposal as necessary to be in compliance with Federal OSHA regulations. However, the proposed regulatory changes include several provisions that go far beyond current Federal requirements.

Cal/OSHA’s proposed changes would reduce the lead Action Level (AL) from 30 to 2 micrograms per cubic meter of air and the Permissible Exposure Limit (PEL) from 50 to 10 micrograms per cubic meter of air.

These extremely low thresholds raise fundamental questions about necessity, attainability, and practicality.

They also present serious financial harm to the construction industry and trigger intrusive actions on workers.

The Negative Impacts of Proposed Lead Standards Revisions: The proposed revisions to the Lead in Construction Standard, Construction Safety Orders, 8CCR 1532.1 will present significant costs to contractors for compliance and invasive medical and privacy requirements for workers without any evidence of being necessary to protect worker safety.

The proposed lead standard revisions will significantly negatively impact construction companies and their workers. More analysis is needed, including demonstrating that the extreme reduction in PELs is necessary and backed by science. UCON Contractors are urged to oppose the current version of the proposed Lead Standards regulations. z J U LY 2 0 2 3

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By UCON’s Political Advocacy Team

COVID-19 SUPPLEMENTAL PAID SICK LEAVE RELIEF GRANT PROGRAM LAUNCHED

Eligible Contractors Are Encouraged to Submit Applications ASAP

A

fter After significant advocacy led by United Contractors advocacy team and our membership, the California Small Business and Nonprofit COVID-19 Relief Grant Program (to pay for COVID-19 Supplemental Paid Sick Leave) is now taking applications. After significant advocacy from United Contractors, the State of California built and funded the program in the Budget Act of 2022 (AB178) and authorized it through Assembly Bill 152 in September 2022.

The program has been officially launched and is now taking applications. Eligible contractors are encouraged to submit their grant applications immediately, as there is a significant change the program will be oversubscribed.

The California COVID-19 supplemental Paid Sick Leave Relief Grant Program was created through advocacy efforts by UCON in 2022. It will provide up to $50,000 in financial relief for small businesses, as defined, including many of our contractors.

Who qualifies for this program?

To qualify for the SPSL Relief Grant, a business must meet all of the following criteria: 1. Is a “C” or “S” corporation, cooperative, limited liability company, partnership or limited partnership; 2. Began operating before June 1, 2021; 3. Is currently active and operating; 4. Has 26 to 49 employees and provides payroll data and an affidavit attesting to that fact; 5. Has provided SPSL pursuant to the requirements of Labor Code §§ 248.6 and 248.7; and, 6. Provides organizing documents.

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How does the 26 to 49 employee count work for construction employers who have variable workforces throughout the year?

It is important to note that California construction employers were the only employers who were provided a variance when calculating the less than 50 employee threshold. While the grant program contains the less than 50 employee qualifier to access grant funds for all other employers in the state, we were able to secure industry specific language to allow construction employers to count only “core employees” towards the less than 50 employee threshold. That exemption reads as follows: “For purposes of calculating the number of employees to determine if the employer meets the 26 to 49 employees requirement for access to the grant program, an employer covered by Industrial Welfare Commission Order No. 16-2001, shall calculate their number of employees as the number of full-time employees that have worked for the employer, without any break in employment, for the past 24 months.”

This language should significantly increase the number of contractors who will qualify for access to the grant program. z

When, and how, can we apply for this grant relief program?

The program is now active and accepting applications through the Governor’s Office of Business and Economic Development (GO-Biz.) Please visit www.caspsl.com to learn more about the program and to apply.

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UP INCREASE YOUR TEAM’S POTENTIAL—TAKE ADVANTAGE OF THIS UCON MEMBER BENEFIT

T

ake advantage of UCON’s 2023 Professional Development classes— more classes have been added!

You will find 40+ classes on Leadership, Safety, Compliance, HR, Construction Specific and more. Most classes are FREE to UCON members. Download the latest 2023 UCON Professional Development catalog, and/or register: www.unitedcontractors. org/calendar

For any questions regarding UCON’s programs, contact Angelica Gouig, Director of Events and Education, at agouig@unitedcontractors.org or (925) 362-7309.

By Angelica Gouig, Director of Events and Education

JULY COURSES: JULY 13

CPM Scheduling— Just the Basics Thursday, July 13; 2:30pm-4:30pm Instructor: Paul Stout, Power Summit Class Style: Virtual |Class Limit: Unlimited Cost – Member: Free | Non-member: $100

JULY 19 - OCTOBER 11

UCON’s Project Management Career Advancement (PMCA) Program Wednesdays, July 19 - Oct 11; 9:000am-12:00noon Instructors: Various Instructors Class Style: Virtual Class Limit: 25—only 10 spots left!!

Cost: Member: $2,200; Non-member $2,300

JULY 26

Communicate with Different Personality Styles Wednesday, July 26; 2:30pm-4:30pm Instructor: Carly Dixon, Dale Carnegie Class Style: Virtual Class Limit: Unlimited Cost – Member: Free | Non-member: $100

AUGUST COURSES: AUGUST 8

Career Path Mapping

408.337.5016

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Tuesday, August; 2:30pm-5:00pm Instructor: Stephane McShane, Maxim Consulting Group Class Style: Virtual | Class Limit: Unlimited Cost – Member: Free | Non-member: $100

AUGUST COURSES: AUGUST 10

Certified Payroll—Answering Contractors Most-Frequently Asked Questions Thursday, August 10; 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

AUGUST 15

Leading Across Generations Tuesday, August 15; 2:30pm-4:30pm Instructor: Cayly Dixon, Dale Carnegie Class Style: Virtual Class Limit: Unlimited Cost – Member: Free Non-member: $100

Professional Development July/August 2023 AUGUST 31 & SEPTEMBER 14 Agile EQ

Thursday, August 31 and Thursday, September 14 8:30pm-12:30pm Instructor: Estie Briggs, Briggs Performance Consulting Class Style: In-Person | Class Limit: 18 Earn 8 PDCs! Early-Bird: Member: $375; Non-member: $475 Standard Cost: Member: $390; Non-member $490 (Early-Bird pricing expires July 31) Location: United Contractors OfficeConference Room 17 Crow Canyon Ct., Suite 200, San Ramon, CA Breakfast provided.

AUGUST 22

Getting Results without Authority Wednesday, August 22; 2:30pm-4:30pm Instructor: Cayly Dixon, Dale Carnegie Class Style: Virtual Class Limit: Unlimited Cost – Member: Free Non-member: $100

AUGUST 29

Surviving an Active Shooter in the Office and on the Jobsite Thursday, August 29; 2:30pm-4:30pm Instructor: Carol Cambridge, The Stay Safe Project Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE Non-member: $100 J U LY 2 0 2 3

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UCON’S FEARLESS FIELD LEADER—SOLD OUT! RATED 4.8/5 It was a sold-out (in-person!) crowd for UCON’s Fearless Field Leader Seminar, held Wednesday, June 14th at the San Ramon Marriott, San Ramon.

Over 100 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. **Best leadership class I’ve attended— adapted to the light speed of the construction industry.”

“I recommend this training not only to the field leaders, but all leaders in our company.”

Save the date for Fearless Field Leader, in Southern CA at the

Long Beach Marriott, on Thursday, September 21, 2022, 4:30pm-8:00pm In-Person Class Class Limit: 100 scan the QR code to register—early bird pricing till August 21!

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UP

UPCOMING UCON EVENTS

By Christine Traina, Event Manager

please join us for a special evening to benefit the ucon pac

northern california: july 20, 2023 | Thursday, 5:00 - 8:00pm Location: Alamo, CA, home of Mark Breslin, UCON CEO www.unitedcontractors.org/PAC2023 Thank you to all of our sponsors who supported and attended our PAC event in Southern CA on May 25!

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AUG 3

THURSDAY • 4:30PM Alameda County Fairgrounds Pleasanton OVER 1,000 OF YOUR FRIENDS WILL BE THERE!

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LEAD

BUILT ON TRUST

TWO NEW SAFETY MEASURES

By Sue Dyer, Sudyco.com

Dear Sue, I run a construction association and my members are always trying to make their jobs safer. Besides the usual things everyone does, what can we do to really level-up safety?

— Level Up Safety

Dear Level Up Safety, Looking at the definition of Safety gives us different views of focus—safety is defined as a state in which hazards and conditions leading to physical, psychological, or material harm are controlled in order to preserve the health and well-being of individuals and the community.

M

ost of our focus in the construction industry is on physical safety. But there are two other types of safety that are very important for our construction personnel. It is psychological and emotional safety.

PSYCHOLOGICAL SAFETY: TRUST, TRANSPARENCY, TELL YOUR POV

Psychological safety is the belief that you won’t be punished or humiliated for speaking up with ideas, questions, concerns, or mistakes.

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How important is psychological safety? Let’s look at what happens when this safety value is gone: Joe works on a project as an operator. He has been doing his job for 20 years and is good at what he does.

He is working on a project that is new to him, but he knows that “he’s got this.” On his first day he is told to do something that he thinks is not really the best way to do it. But, hey, it’s my job. So, he does it. Soon he is told to do other things that Joe just thinks makes no sense, is unsafe, unproductive, more costly to do. So, Joe tries to tell his supervisor that this is not the best way to do it. Joe gets yelled at in front of all his crew.

So, Joe shuts up and just does what he is told. One day a big issue pops up that stalls the project. No one can work, there are meetings to discuss how to resolve the problem, but no one talks. Time ticks by and the project is still delayed. Now new people are coming on board to write letters to state their position on how they are being damaged by this issue. The project ends way over budget and way behind schedule. The team is stressed out and feels like they are spinning around and getting nowhere.

THIS is the cost of your team not feeling safe to express themselves. Without psychological safety your team is not resilient or creative. It can’t find new paths when there are issues. They sit and wait for an answer to come and to be told what to do.

Psychological Safety means that your people feel free to share what they see and to offer ideas on how to make improvements, or solve problems, or innovate new ways of doing old things. And of course, people who don’t feel psychologically safe don’t stay, because they don’t feel valued, and they don’t feel they are able to use their skills to the fullest.

Stage 3: Feel Safe to Contribute— You feel like you can share your expertise and contribute to the success of the team.

Stage 4: Feel Safe to Challenge the Status Quo—You feel like you can point out where things aren’t going so well or share ideas for how to innovate to improve.

4 STAGES TO PSYCHOLOGICAL SAFETY There are four stages that you/your team go through to build psychological safety.

Stage 1: Feel Included—You feel like you are welcomed and valued.

All of these require that you can do these things without fear of being punished, ridiculed, or blamed.

You can measure this by asking yourself, and your team, on a scale of 1-10 what number would they give to each of the four stages on your project? Then you can talk about what stage you think you are at overall.

Stage 2: Feel Safe to Learn—You feel like it is okay to stretch your abilities and to learn new things.

Continued on next page

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EMOTIONAL SAFETY: SUICIDE In 2023 the construction industry bumped into having the highest rate of suicide of all other industries (farming is not included) with a rate that is four times higher than the general population.

This statistic was a shock to many people in the industry. Stress kills, and work-related stress, added to personal stresses, have merged into a dramatic problem. Awareness of this problem is of course the first step. Second is to work to try and prevent deaths. Three significant contributing factors include anxiety, depression, and substance abuse. And of course, these often come together. At greatest risk, are white males, who are most often the victims of construction suicide.

If you want a way to monitor this. Depression might be your best method. Depression has three stages.

First Stage of Depression: Denial—You aren’t aware, or don’t believe that you are depressed.

Second Stage of Depression: Diagnosis—You’ve become aware and have been diagnosed with depression.

Third Stage of Depression: Recovery—You’ve taken steps to move through your depressive state with help from a doctor or therapist, and now are no longer depressed.

For Depression there is a clinical scale of symptoms you can measure. On a scale of 1 to 10 (1 never to 10 always) how often, intensely do you experience the following:

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•

Persistently feeling sad or empty

•

Feeling hopeless, worthless, or guilty

•

Feeling irritable or restless

•

Lack of interest in activities that used to be enjoyable

•

Lack of energy and feelings of fatigue

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•

Trouble sleeping

•

Difficulty concentrating and remembering

•

Difficulty making decisions

•

Changes in appetite that may lead to weight gain or loss

•

Pain, cramps, or digestive issues that don’t seem to have specific physical cause

•

Thought of death of suicide or suicide attempts.

Look at your scores if there are more that are higher than you would like then it is time to move from denial to diagnosis and there are many resources available to you. If you have team members who you see struggling you can use this scale to help them move from denial, to being open for a diagnosis.

Level Up Safety, You are to be commended for wanting to push safety farther. Now you know of two new safety measures for our project teams to consider. Safety is of course impacted by our physical surroundings, and it is impacted by what is going on within our in own heads, and how we feel. On your projects, without psychological and emotional safety you and your team just aren’t as safe as you need, and your people and your project will suffer. z Sue Dyer, MBA, is a Master Partnering Facilitator for OrgMetrics, WSJ bestselling author and trainer on Trusted Leadership for construction leaders, and Founder of the International Partnering Institute.

Send your questions for Sue to answer at suedyer@orgmet.com, (510) 504-5877.

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Photo courtesy Underwater Resources, Inc.

MEMBER ANNIVERSARIES: JULY 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:

49 YEARS – 1974 Contractor Member: Silva’s Pipeline, Inc. Jim Silva

30 YEARS – 1993

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

29 YEARS – 1994 Contractor Member: Navajo Pipelines, Inc. Karen Silva

Associate Member: Woodruff-Sawyer & Co. Bret Lawrence

28 YEARS – 1995 Associate Member: Graniterock Keith Severson

27 YEARS – 1996

Contractor Members: Appian Engineering, Inc. Bob Alvey

23 YEARS – 2000

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11 YEARS – 2012

Contractor Members: Compass Engineering Contractors, Inc. Mike Moore Marques General Engineering, Inc. Jason Anderson

20 YEARS – 2003

Chubb Surety Robert Walsh

Contractor Member: Florez Paving Sam Florez

Associate Member: Eighteen Trucking, Inc. Martha DeLeon

14 YEARS – 2009

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Associate Member: Stevenson Supply Kent Stevenson

Associate Members: Cal-Sierra Pipe, LLC Dan Hobbs

16 YEARS – 2007

Underground wet and dry utilities, cabling, signals, and lighting; soils testing, management, and disposal; and fill site management.

Contractor Member: Veteran Pipeline Construction Michael Robirds

Contractor Member: Silverado Contractors, Inc. Joe Capriola Associate Member: Trench & Traffic Supply, Inc. Michelle Townsend

PRESTONCO.COM

12 YEARS – 2011

McSherry & Hudson Chuck Griswold

10 YEARS – 2013

Contractor Members: Underground Construction Co., Inc. Chris Ronco Valverde Construction, Inc. Marcus Gomez

Associate Member: EPIC Insurance Brokers and Consultants Jeff Parkhurst

9 YEARS – 2014

13 YEARS – 2010

Associate Members: RGW Equipment Sales Dane Lowry

Contractor Member: MK Pipelines, Inc. Sean Brennan

Contractor Member: Ferma Corporation Marc Ferrari

West Coast Sand & Gravel James Slater

8 YEAR – 2015

Contractor Member: Underwater Resources, Inc. Tom Belcher

7 YEARS – 2016

Contractor Members: JDB & Sons Construction, Inc. James Burke Sinclair General Engineering Construction, Inc. Sean Sinclair Associate Members: Security Shoring & Steel Plate Kimberly Liston-Rivera

6 YEARS – 2017

Contractor Member: Minerva Construction, Inc. Noel Kearney Associate Member: Construct Your Image Cole Adams

2 YEARS – 2021

Contractor Members: American Landscape, Inc. Gary Peterson Diversified Landscape Paul Moralez Don H. Mahaffey Drilling Co. Ashley Mahaffey Tullius Kato Landscaping Randy Kato Pac Bay Environmental Services, Inc. Matt Certa Pacific Restoration Group John Richards

RCB & Sons, Inc. Eric Barnett Sierra Landscape Development, Inc. Kevin Watchler Sully-Miller Contracting Company Bill Boyd Synergy Traffic Control Inc. Kenny Jones The Traffic Guys LLC Carlos Moreno Associate Members: Frank M. Booth, Inc. Larry Booth

Pierre Landscape Harold Young

Global Leadership Alliance (GLA) Corp.

Liz Romo

Preferred Landscape Mark Rose

Marcum LLP Warren Hennagin

Underground Republic Water Works Kurt Vincelette

1 YEAR – 2022

Contractor Members: Bay Engineering LLC Matt Cox Scapes, Inc. Lane L. Poms Associate Members: BKF Engineers William Paul Coats Surety Insurance Services, Inc. Matthew Coats Hill & Smith, Inc. Jeff Shewmaker Ledwell Christina Guzman MPWR Coaching, Inc. Cody Miller

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Making Work Zones Safer— Caltrans looking for feedback!

Caltrans is soliciting Contractor input for making work zones safer. Safety is the number one goal of Caltrans. To address this goal, Caltrans is reaching out to our Contractor Partners to gain input and ideas regarding safety devices aimed at protecting workers.

Caltrans has developed a website, https://caltrans. brightidea.com/WorkzoneSafetyDevices which allows contractor, vendors and interested parties to submit their ideas for work zone safety devices. The website also allows for commenting on submitted device ideas. Caltrans is grateful to the contractor and vendor communities for visiting our work zone safety devices website and making submissions. Caltrans will review all submissions and implement the most promising ones. z

THE LEADING CELLULAR CONCRETE PROVIDER OF CHOICE.

SAFETY

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VISIT CELL-CRETE Contact us for a presentation (in person or virtually) to learn how cellular concrete can help you achieve your project goals.

WWW.CELL-CRETE.COM Phone: 800-660-8062 Email: info@cell-crete.com

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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

Robert A. Bothman Construction Acquires Goodland Landscape Construction, Inc.

Smith, Currie & Hancock and Oles Morrison Rinker & Baker Combine

Earlier this year, Robert A. Bothman Construction (dba Bothman Construction) announced that they have completed the asset acquisition of Goodland Landscape Construction Company, a General Contractor specializing in the construction of Sports Facilities, Community Parks, and Playgrounds.

Smith, Currie & Hancock LLP and Oles Morrison Rinker & Baker LLP, two of the nation’s leading construction and federal government contract law firms, have announced their combination. The union of the firms will further cement the current positions individually held by Smith Currie and Oles Morrison as top nationally-ranked construction and government contract law firms. The firm will use Smith Currie Oles and Smith Currie, along with corresponding logos, under the auspices of Smith, Currie & Hancock LLP.

This merger enhances and supports the growing Central Valley and Sacramento markets and beyond. In addition, the acquisition provides the opportunity for the collaboration of two great companies to further expand in their technical capabilities. Bothman is excited to have the Goodland Team join their family. Having worked with over 350 Districts and Owners and installed over 30 million square feet of synthetic surfaces within Northern California, Bothman is recognized in the Athletic Facilities, Parks and Recreation and Outdoor Learning market space. Goodland Landscape Construction, in Tracy, CA, serviced a similar market, providing expertise in the field.

For more information, visit www.bothman.com, a UCON member since 2006. z

The decision to join forces was based upon both firms’ complementary practices and desire for growth, ultimately providing more legal counsel resources to their clients. The combined firm will have a greater ability to service current and future clients from coast to coast more efficiently and effectively. Key outcomes of the combination will strengthen and enhance the firm’s overall practice areas of construction law and government contracts, particularly, in the Heavy Highway/Civil and Infrastructure sectors.

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.

Key rankings for Smith Currie, recognized in Chambers and U.S. News – Best Lawyers®, as part of the publication’s “Best Law Firms” as the Construction Law Firm of the Year for 2023, and Oles Morrison, highly ranked in Chambers USA Government Contracts and Construction Law, as well as Legal 500, solidify the basis for this combination.

RENTALS SALES ENGINEERING

To learn more, visit www.smithcurrie.com, a UCON member since 2016. z

TRAINING

“THE TRENCH & TRAFFIC SAFETY SPECIALISTS”

SERVICE

Have News to Share?

Do you have information to share? Is your company working on an interesting project? Send company

news, project images, and giving-back stories to Michelle Vejby, UCON’s Publication Manager, at mvejby@unitedcontractors.org. z

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

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www.ntsafety.com

How to Respond to a Critical Incident

Y

our company’s initial response to a critical incident is crucial to your employees and your business. United Contractors has developed a simple, three-phase checklist to help you navigate your company in the event of a crisis. This checklist and additional Crisis Response resources can be found at unitedcontractors.org/crisis If ever in doubt, call United Contractors Help Desk for guidance.

1

PHASE 1: FIRST HOUR IMMEDIATE CRISIS SCENARIO Policies/Procedures for the FIRST HOUR after a critical incident has occurred:

q Call 911 if anyone is injured or other emergency personnel are needed. q Administer First Aid and/or CPR if needed. q Secure the site. q Senior staff member(s) on site must take action to stabilize situation. q Call first responders as soon as possible.

Don’t try to do it yourself. q Contact necessary personnel to inform them of the incident: CEO/ PRESIDENT PROJECT MANAGER PROJECT OWNER

SAFETY DIRECTOR

INSURANCE

LEGAL CONTACT

CAL/OSHA

Designate a spokesperson:

q Remind all employees to refer any media personnel to the one designated spokesperson only. Inform internal staff members to field other incoming calls or refer to the appropriate company contact above, including regulatory and enforcement agencies, city officials, legal counsel, concerned family of non-involved employees, etc. q Contact UCON — Mark Breslin, CEO, and Emily Cohen, EVP, are available to assist you with crisis response, (925) 855-7900.

Identify immediate (potential) danger from: q Fire q Gas q Structural Collapse q Water Leaks q Damage to existing facilities, adjacent facilities, other private or public property, and any other persons related.

www.unitedcontractors.org/crisis 46

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PHASE 2: THE FIRST 24 HOURS

INVESTIGATION & FOLLOW-UP POLICIES/ PROCEDURES FOR THE FIRST 24 HOURS AFTER A CRITICAL INCIDENT HAS OCCURRED. q Limit media and sightseer presence: Close gates, secure equipment according to access requirements, block areas with caution tape and/ or barricades. q Run a thorough fact-finding investigation: – Take photographs.

– Establish who was involved and what work task was being performed. Write down names and contact information of witnesses.

– Interview multiple employees while details are fresh.

– Have at least two company representatives present during the investigation. q Send home all uninvolved employees: Remind your employees that the only media contact is the company’s one designated spokesperson. q Contact the family of the injured worker(s): The initial contact serves to inform simply and directly. Make sure to follow these three guidelines: general, details, notify. Help arrange childcare services or transportation to the hospital. A company representative should remain present at the hospital until the situation has diffused. q Contact UCON to assist with media relations and other crisis response issues—we are here to support you and your team: Crisis Response: Mark Breslin, CEO (925) 855-7900; mbreslin@unitedcontractors.org Media Relations: Emily Cohen, EVP (925) 362-7304; ecohen@unitedcontractors.org Contractor Help Desk: (925) 855-7900

PHASE 3: NEXT 10 DAYS

GRIEVANCE COUNSELING & INFORMING EMPLOYEES q Log all communications regarding the incident—This includes emails, agencies contacted, list of witnesses, reports, and claims, etc. q Contact a crisis management response specialist—Establish group briefings, consultations, 24/7 onsite and telephonic support. q Distribute trauma and stress forms to all involved employees. Encourage participation—Mitigate the potential long term emotional impact. q Contact the family of the injured worker(s)—Send condolences, offer support, and establish staff representation for memorial/funeral service or hospital visit.

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CRISIS RESPONSE:

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P233_0623 ©2023 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.