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Feeling the Regulation Overload?

MARCH 2019 | ISSUE 3/VOLUME 225 W W W. U N I T E D C O N T R A C T O R S . O R G

SPECIAL ISSUE: COMPLIANCE Includes Valuable “Clip&Save” Information


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magazine

UNITED contents CONTRACTORS

MARCH 2019

ISSUE 3, VOLUME 225

2019 UNITED CONTRACTORS BOARD OFFICERS President......................................................Steve Clark

Vice President/President-Elect....................Charles Wall Secretary/Treasurer.................................... Christi Plum Secretary/Treasurer-Elect..............................Guy Smith

6 UP Front

A Regulation to Love

By Mark Breslin, UCON CEO

UNITED CONTRACTORS BOARD OF DIRECTORS

Juan C. Arrequin, Bay Line Cutting & Coring, Inc.; Paul Cianciarulo, Graniterock; Steve Clark, Granite Construction Company; Paul Cocotis, Shimmick Construction Company, Inc.; Patrick Diebel, Woodruff-Sawyer & Co.; Trony Fuller, West Coast Sand & Gravel; Kevin Hester, McGuire and Hester; Randy Jenco, Viking Construction Company; Kurt Kniffin, Stacy and Witbeck, Inc.; Christi Plum, P C & N Construction, Inc.; Guy Smith, St. Francis Electric LLC; Joe Sostaric, The Conco Companies; Hal Stober, Gordon N. Ball, Inc.; Mary Teichert, Teichert Inc.; Charles Wall, Brosamer & Wall, Inc.

UNITED CONTRACTORS COMMITTEE CHAIRS

Associates: Trony Fuller (Associate Director), West Coast Sand & Gravel; Patrick Diebel (Associate Director-Elect), WoodruffSawyer & Co. | 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: Don Hunt, (Chairman) McGuire and Hester | Attorney Roundtable (ART): Facilitated by Mark Breslin | SF City Contractor Liaison: Mike Ghilotti (Chairman), Ghilotti Bros., Inc., Miguel Galarza (Chairman), Yerba Buena Engineering & Construction, Inc. | Scholarship: Michael Landucci, Woodruff-Sawyer & Co.

UNITED CONTRACTORS STAFF

Mark Breslin, Chief Executive Officer; Leslie Lord, Vice President/Deputy Director; Emily Cohen, Executive Vice President; Kelly Montes, Executive Assistant to CEO; Julie Hinge, Executive Assistant to EVP; Victor Sella, Director of Labor Relations; Ruby Varnadore, Labor Contracts Manager; Lucia Mixon, Labor & Member Services Specialist; Ruth Ramirez, Labor & Member Services Representative; Sue Weiler-Doke, Labor Relations Consultant; Shelbie Tieman, Director of Finance & Administration; Terese Pollock, Operations Analyst; Denise Ramirez, Online Services Manager; Emmy McConnell, Accountant; Tiffany Gaddis, Office & Member Services Coordinator; Stacy Haase, Director Marketing & Communications; Michelle Vejby, Publications Manager; Joan O’Brien, Education Manager; Marlo Fregulia, Event Manager; Angelica Gouig, Event Coordinator; Olivia Lucchese, Event & Education Assistant; Eddie Bernacchi, Legislative Advocate; Christopher Lee, Safety Consultant; Tony Dorsa, CARB Consultant

Feeling the Regulation Overload?

MARCH 2019 | ISSUE 3/VOLUME 225 W W W. U N I T E D C O N T R A C T O R S . O R G

8 LABOR • • •

UCON Labor Strategy Summit Labor Leadership Highlight UCON’s Contractor Resource Library

By UCON’s Labor Relations & Member Services Dept.

12 construction industry

COMPLIANCE

• • • • • •

Regulatory: CARB Reporting Check-List Safety Check-Up: Cal/OSHA Reporting & Compliance Assistance Resources HR & Union Payroll Compliance Calendar OSHA Offers Step-by-Step Compliance Assistance Legal Resource: New Harassment Prevention Requirements Keeping Up with Industry Regulations: UCON Committees

28 FACES

UCON’S Membership L.I.V.E. Celebrating Leadership, Innovation, Vision & Excellence

More Inside:

SPECIAL ISSUE: COMPLIANCE Includes Valuable “Clip&Save” Information

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, by e-mail at info@unitedcontractors.org or by fax at (925) 855-7909. 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. © 2019 Published in the U.S.A.

CONNECT WITH UNITED CONTRACTORS:

24 WE ARE UCON 26 NEXT UP - EVENTS 28 NEXT UP - EDUCATION 34 LAST CALL

www.unitedcontractors.org MARCH 2019

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front

By Mark Breslin, United Contractors CEO

A REGULATION TO LOVE

Self-regulation. Not the one that the newest law or agency dreamed up to save the world. But the one where you decide what is best and act upon it. Self-regulation is the key to better outcomes. The key to greater opportunity. The foundation of a more rational and less stressful workplace. Making decisions about controlling your time and utilizing your talent requires you to be thoughtful and strategic. One of the first steps on this path is to learn the difference between “urgent” and “important” tasks. Regulating your behaviors in response to these is both a challenge and opportunity at the same time. Don’t mistake urgency for importance. Don’t think that because a fire is burning it warrants your immediate attention every single time. Self regulation requires discipline and control. Not to give in to impulse. Often the fires will burn themselves out. And don’t think that endlessly jumping from one thing to another is good leadership. Have you ever had a day when you feel you worked your ass off and got nothing done? That was a day when you decided to focus on urgent issues instead of important ones.

Self-Regulation vs Low Impulse Control If you look at the box above, you can easily see how to categorize any task that needs your attention. Everything you do fits into one of the boxes numbered one through four. Let’s take a look at what might fit into these boxes: 6 W W W. U N I T E D C O N T R A C T O R S . O R G

NOT IMPORTANT

This issue of our magazine quite frankly always pisses me off. To have to focus on increasing regulation and compliance every year says something about our state, and the expectation that more is always better. Never the less, economic and operational excellence requires a keen eye at managing and mitigating regulation and compliance issues today. But perhaps one positive opportunity at regulation exists that you might have overlooked.

IMPORTANT

(Self-Regulation: Time, Impact and Best Outcomes) URGENT

NOT URGENT

Urgent & Important

Not Urgent & Important

1

2

Do it now

Block off time for this

Urgent & Not Important

Not Urgent & Not Important

3

4

Automate or delegate

Periodically do this to recharge

Box 1: Urgent and Important (Take Action Now)

These are things that need attention now. Both the critical nature of the issue and immediate timing combine in this box. Some examples would be: • Responses to key clients • Decisions where time or money is on the line • Deadline-driven projects, tasks or important commitments • Critical decisions that cannot be made by subordinates

Box 2: Important but Not Urgent (Be Proactive)

There are things that are important but often don’t jump out as vital. Time spent on these things, though, directly improves the bottom-line results of the organization. Ignore these tasks at your peril. Examples of importantbut-not-urgent tasks would include:


• • • •

Planning Evaluating people Evaluating systems Client relationship building

Box 3: Urgent but Not Important (Don’t Be Reactive)

These are things that are time-driven and may or may not be worthy of your action. Because of habit or others’ needs, we can sometimes get lost in urgent-but-notimportant activities, which become matters of “daily firefighting.” A lot of work is involved but not much really gets done. Some urgent—but-not-important items include: • 50% of all phone calls • 80% of all email • 95% of text messages • Problems brought to you by others for you to solve that they have not tried to solve themselves • Personnel issues that can and should wait • Any form of employee venting, frustration, or emotional dumping that does not lead to resolutions

Box 4: Not Important and Not Urgent (Be Disciplined and Ignore)

We live in a multitasking world where immediate reaction is standard behavior. Young people especially think they need to respond moment-to-moment via email or social media. This is indulgent and simply a bad habit to be addressed. This is a key area where major chunks of time are wasted. Poor planners fill their time by focusing on tasks that are neither urgent nor important. It’s the stuff people do when they are reactive instead of proactive. It means inaction. This is bad stuff. So there it is. A simple matrix to self-regulation. At UCON a lot of fires burn hot. A lot of issues and members need attention NOW. But to be a long-term influencer, we have to self-regulate and moderate every issue of the moment. Focus. Control. Discipline. Important stuff—not everything all the time; not what you like to do and are good at; not what other people want you to do for them. Get your boxes lined up and apply discipline and focus—the results for you and your team will be profound. u

MARCH 2019

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LABOR

By UCON Labor Relations & Member Services Department

UCON Labor Strategy Summit In an effort to continue developing UCON’s labor relations strategies and objectives, UCON hosted our second annual Labor Strategy Summit on January 29, 2019. The summit was designed for all UCON craft committee and negotiating team members to gather and collectively identify the industry’s most pressing issues. Over 30 contractor representatives provided their insight and direction for UCON in 2019. Some topics the group identified and discussed included addressing the skilled labor shortage, achieving skilled and trained workforce compliance, Dynamex and other legislative challenges. UCON will continue working on the strategies and goals discussed throughout 2019. Thank you to all who participated and we look forward to a successful 2019.

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

UCON Labor Strategy Summit Attendees: Miguel Lemus, Bay Cities Paving and Grading, Inc. Jonathan Vasquez, Bay Area Concretes, Inc. Rafael De La Cruz, Bay Area Traffic Solutions Ron Fadelli, Berkeley Cement, Inc. Tomas Kuehn, Brightview Landscape Development, Inc. Robert Chrisp, Chrisp Company Kim Sabin, Columbia Electric, Inc. Rich Gates, DeSilva Gates Construction Peter Worhunsky, Disney Construction, Inc. Ray Duran, Jr., Duran Construction Group Michael Ghilotti, Ghilotti Bros., Inc. Fred Biagini, Ghilotti Bros., Inc. Greg Goebel, Jr., Goebel Construction, Inc. Frank Williams, Goodfellow Bros. California, LLC Steve Clark, Granite Construction Company Bardie Scarbrough, Granite Construction Company Rusty Hoseley, Hoseley Corporation Daniel Wanner, Hoseley Corporation Kevin Albanese, Joseph J. Albanese, Inc. Greg Silva, Knife River Construction Kevin Hester, McGuire and Hester Andy Vasconi, McGuire and Hester Brett Kincaid, O’Grady Paving, Inc. Christi Plum, PC&N Construction, Inc. Ron Bianchini, Preston Pipelines, Inc. Mike Quatman, Robert A. Bothman Construction Kurt Kniffin, Stacy and Witbeck, Inc. Sonal Bellino, Teichert, Inc. Jeff Peel, Steve P. Rados, Inc. Donna Rehrmann, Stomper Company, Inc. Joe Rehrmann, Stomper Company, Inc. Joe Sostaric, The Conco Companies Randy Jenco, Viking Construction Company


Labor Leadership Highlight Northern California Laborers Trustees Trust Funds

Kurt Kniffin, Stacy and Witbeck, Inc. Kurt Kniffin has been confirmed as UCON’s newest Management Representative Trustee on the Laborers Trust Funds for Northern California (Pension, Health & Welfare, Vacation/Holiday). The Trustees, made up of both labor and management, are collectively charged with the fiduciary responsibility, maintenance, and modification of all matters related to the Plan funds. Kurt has more than 35 years of experience in the heavy civil construction industry with a focus on major transit and transportation projects. As Vice President and Area Manager for Stacy and Witbeck, Inc., he provides corporate-level support to teams on major projects throughout Northern California and the Pacific Northwest. Kurt is a newly-elected board member of United Contractors and serves on the Laborers Craft Committee as well as the Laborers Negotiating Committee and Focus Group. UCON would also like to thank and recognize Robert Chrisp, who served in both positions for the past 15 years. “This has been one hell of a learning experience for anyone that wants to get involved...and I recommend it! The Laborers Pension Trust is in the green, the Laborers Apprenticeship is on track and running well, and UCON has earned the respect and integrity of the industry. Get involved—You get back more than you put in!” — Robert Chrisp, Owner, Chrisp Company, UCON Member since 1997

UCON Labor Events Calendar April 15-16, 2019 OE3-UCON Retreat May 7-8, 2019

Laborers-UCON Retreat

Laborers Training & Retraining Trust Kevin Hester, McGuire and Hester

Kevin Hester has been confirmed as UCON’s newest Management Representative Trustee on the Laborers Training & Retraining Trust Fund for Northern California. Kevin has worked in many different roles since starting with McGuire and Hester in the late 1980s, and he is now an Area Manager overseeing projects in San Francisco and on the Peninsula. An industry lifer, his field knowledge and understanding of workforce needs will provide critical insight to an industry in need of more skilled and better trained workers. Kevin is currently serving on the United Contractors Board of Directors, as well as the Labor Executive Committee and the Teamsters Negotiating Committee.

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

Tel: (650) 691-2888 Fax: (650) 691-2889 www.lrconstructionlaw.com Contact: A. Robert Rosin Janette G. Leonidou

Leonidou & Rosin 777 Cuesta Drive | Suite 200 Mountain View, California 94040 MARCH 2019

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LABOR

over 200 forms, resource guides and reference charts

UCON’s Contractor Resource Library

Visit the Library - Gain Resources - Save Time UCON contractor members have access to over 200 forms, resource guides and reference charts, created to assist you with labor, payroll, legal and HR compliance. Here are just a few: • Subcontracting Requirements & Procedures— Comprehensive guide to union subcontracting procedures, to help contractors stay in compliance with their union collective bargaining agreements (CBAs). • Apprenticeship Basics on Public Works— Apprenticeship compliance is being enforced more stringently in recent years, and this guide provides the tools to understand what you need to do and how to get more information. • Payroll Reference Guides—This document contains all of UCON’s charts covering major provisions in

the CBAs such as overtime, make-up days, and reckoning of time. Standard Contracts and Prompt Payment Forms —UCON provides about 50 different documents, created by legal counsel Leonidou & Rosin, that contractors can use to be legally compliant and protect their business. All have been reviewed and updated as needed for 2019.

All UCON contractor member employees can access these documents. If you don’t have a log-in, go to the member log-in screen and follow the prompts to create a log-in, or contact the UCON office at (925) 855-7900 for further assistance. u

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FFC: PREVAILING WAGE WORKSHOPS An easy way to impact your bottom line and help build your competitive advantage— Free workshops! Thanks to its Board of Directors’ commitment to the public works community, the Foundation for Fair Contracting (FFC) has been approved to conduct its eighteenth annual conference series kicking off on April 18th in Sacramento. The conferences provide an overview of the prevailing wage system including current regulations and pending legislation, with speakers from both State and Federal organizations. A perfect opportunity to train new hires or a refresher for seasoned staff, and free to all contractors in the public works industry. Can’t make it on the scheduled conference dates? Have a large group? Need specialized assistance? FFC In-House Training may be the answer for you!

The FFC is available to conduct prevailing wage/labor compliance training workshops at your location. FFC provides individualized assistance based on your group’s needs. Visit www.ffccalifornia.com to register for a conference or to schedule your personalized training session. u

2019 FFC CONFERENCE SCHEDULE APRIL 18, 2019 (THURSDAY) – SACRAMENTO, CA Co-hosted with the Board of Equalization Underground Economy Enforcement Labor Law Compliance/Prevailing Wage Conference JUNE 6, 2019 (THURSDAY) – PLEASANTON, CA Prevailing Wage/Labor Compliance Workshop SEPTEMBER 19, 2019 (THURSDAY) – FRESNO, CA Prevailing Wage/Labor Compliance Workshop

www.pavementrecycling.com/UCON MARCH 2019

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construction industry

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COMPLIANCE CARB Reporting Check-List

3

CARB Reporting for 2019: On-Road (TRUCRS) reporting closed January 31, 2019. Late reporting can be accepted by CARB on a case-by-case basis. No Mileage Exemptions may be claimed after the reporting period, except within thirty days of purchase of the vehicle. Off-Road (DOORS) reporting deadline is March 1, 2019. However, experience indicates this is a soft deadline and that the ROAR forms may be submitted subsequent to the March 1 date. For those fleets that remain unreported for 2019, please review below the portion of the CARB Courtesy letter that went out to all reported fleets in January, 2019. Thank you for utilizing the California Air Resources Board’s (CARB) online reporting system, DOORS, for the Regulation for In-Use Off-Road DieselFueled Fleets (Off-Road Regulation). CARB is sending this courtesy notification of the upcoming annual reporting deadline to fleets that have previously reported in DOORS.

ANNUAL REPORTING REQUIRED BY MARCH 1, 2019 FOR ALL FLEETS

To complete annual reporting fleets must: 4 Log into DOORS on or after January 1, 2019, and report all changes made to the fleet in 2018, including updated contact information. 4 Enter engine hour meter readings for vehicles reported as “Low-Use” for the 2018 calendar year on the “Low-Use” page (if applicable). 4 Report engine hour meter readings for vehicles

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

By Tony Dorsa, UCON CARB Expert

Without UCON, a contractor would be much more likely to go afoul of some regulation that they might not even know existed; or if they knew existed, how to comply with. —Rod Michaelson, Bay Cities Paving & Grading, Inc.

used for agricultural operations 51-99% of the time [hardcopy form MSCD ISB-145 (REV 4/14)] (if applicable). 4 Submit the Responsible Official Affirmation of Reporting (ROAR) form. Electronic Reporting—Fleets are encouraged to submit their ROAR form electronically in DOORS. The electronic ROAR (e-ROAR) includes a checklist to ensure all required annual reporting information has been submitted. Fleets who submit their e-ROAR will not be subject to the processing time for hardcopy forms and will receive their 2019 Certificate of Reported Compliance on March 1, 2019 through their DOORS account. The DOORS reporting system can be found at: https://ssl.arb.ca.gov/ssldoors/ doors_reporting/doors_login.html.


Off-Road Reporting:

1. ALL fleets, regardless of size, must submit ROAR form (Responsible Official Affirmation of Reporting) by March 1, 2019. (See CARB DOORS website for reporting guidance, or contact UCON for assistance). 2. Review your Compliance Snapshot on DOORS website and address any issues noted. 3. 2-Engine Rigs should verify VIN as reported in DOORS viz. DMV registration. By 2020, DMV will cross-check CARB for compliance prior to issuance of registration renewals. Make sure VINs match. CARB is sending out letters on this issue to encourage fleet owners to check their vehicle and equipment records. 4. Update low-use hour meter readings for claimed low-use equipment. 5. Large and Medium Fleets may no longer add Tier 2 equipment to the fleet. Effective Jan. 1, 2018, additions must be Tier 3 or newer. Small fleets may still add Tier 2 until Jan. 1, 2023.

LSI. If you have 4 or more non-diesel (e.g., propane or gas) forklifts in your fleet, you are subject to the new LSI reporting requirements. See DOORS website for details. u

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Some additional items to consider:

CALIFORNIA AIR RESOURCES BOARD (CARB) United Contractors represents contractor interests with regard to CARB and Local Air District regulations, filings, enforcement, and in the development of compliance guidelines. We also provide resources to assist UCON member contractors in meeting their compliance requirements. Find all things related to CARB and learn how we can work together and advocate for a fair regulatory environment. UCON’s CARB Consultant, Tony Dorsa, is here to assist you with all questions related to CARB, and can be reached at (408) 649-4383, ConsultingTD@aol.com.

with

BUILD BETTER BUILD SAFER BUILD

LIUNA’s commitment to a skilled and safe workforce help contractors stay safe, competitive, and profitable. The classroom and hands-on training that apprentices and journeymen undergo result in skilled Laborers that work safely to get the job done right the first time. • $10 million invested in training in 2017 • 15,747 students trained • 244,55 total training hours • 3,345 registered apprentices • 655 apprentice graduates in 2017

Oscar De La Torre Northern California District Council of Laborers (925) 469-6800 www.ncdclaborers.org MARCH 2019

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construction industry

COMPLIANCE

By Christoper Lee, UCON Safety Consultant

INJURY AND ILLNESS REPORTING DEADLINES

Photo courtesy Stacy and Witbeck, Inc.

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Cal/OSHA Requirements and Compliance Assistance Resources • California employers are required to post the Log 300 A “Summary of Injuries and Illnesses” in a conspicuous location of the work site from February 1—April 30, 2019. Need help on how to record injuries/illnesses? Click on “Forms for Recording Work-Related Injuries and Illnesses”: https://www.dir.ca.gov/dosh/dosh_publications/ RecKeepOverview.pdf • In addition, under revised regulations, construction employers with 20—250 employees are required to electronically submit their Log 300 A for calendar year 2018 to federal OSHA by March 2, 2019. For more information about how to electronically report your data, visit: www.osha.gov/injuryreporting/index.html

WRITTEN SAFETY AND HEALTH PROGRAMS Construction employers are urged to make sure their basic written programs are up-to-date. Among others, these include 1) the Injury and Illness Prevention Program (IIPP), 2) the Heat Illness Prevention (HIP) Program, and 3) the Code of Safe Practices: 1) IIPP etool: https://www.dir.ca.gov/dosh/ etools/09-031/index.htm 2) HIP: https://www.dir.ca.gov/dosh/ HeatIllnessInfo.html 3) Code of Safe Practices: https://www.dir. ca.gov/title8/sub4_A.html (See plate A-3 for the recommended items for the Code of Safe Practices).

TAILGATE SAFETY MEETINGS

Cal/OSHA construction safety orders require construction employers to conduct tailgate/toolbox safety meetings every 10 days (Title 8, Section 1509(e)). For more information visit: https://www.dir. ca.gov/dosh/etools/09-002/tailgate.htm Within this link are additional links to: 1) Cal/OSHA Publications (including the Pocket Guide), 2) an insert card (contains 63 separate tailgate topics with a link to the page in the Pocket Guide that describes what is required), and 3) setting up a tailgate/toolbox meeting. Be sure the foreman/crew leader who conducts the tailgate meeting keeps a record of the date, subject(s) discussed, and names of the employees participating.

SAFETY SOLUTIONS — A UCON MEMBER BENEFIT UCON helps you with construction safety and • compliance, providing a wide range of services: • Cal/OSHA assistance: questions/problems/citations • • Advocacy on pending OSHA regulations, and informs members of new requirements.

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

Numerous safety products (many of them FREE to UCON members). Safety Advisor: for safety questions and concerns, contact UCON’s Safety Consultant, Chris Lee at (510) 821-0242, ccarllee@sbcglobal.net.


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TRAINING REQUIREMENTS IN CAL/OSHA REGULATIONS

A handy resource is a table prepared by Cal/OSHA that lists by subject category the basic training requirements in Cal/OSHA regulations. The “Cal/ OSHA Safety and Training and Instructional Requirements” can be accessed at: https://www.dir. ca.gov/dosh/dosh_publications/trainingreq.htm

CAL/OSHA’S AT THE DOOR AND WANTS TO SEE YOUR DOCUMENTATION If Cal/OSHA reports to your job site and opens an investigation, they will present you with a document request with a deadline for production.

The one-page form is entitled: Document Request (Cal/OSHA 1 AY) and contains 23 different documents that could be requested. If such a document request is received, please take it seriously and be as responsive as possible. If an employer fails to submit the requested documents, Cal/OSHA may conclude that they do not have the documents, and a citation/penalty might be issued. https://www.dir.ca.gov/DOSHPol/P&PC-1AY.pdf

MOST FREQUENTLY CITED STANDARDS IN CONSTRUCTION

Over the last four years, the most frequently cited regulations during construction inspections were as follows: 1. Heat Illness Prevention (see https://www.dir. ca.gov/title8/3385.html) 2. Injury and Illness Prevention Program (see https://www.dir.ca.gov/title8/1509.html) 3. Code of Safe Practices (see https://www.dir. ca.gov/title81509.html) 4. Emergency Medical Services (having an appropriately trained person onsite to render first aid) (see https://www.dir.ca.gov/ title8/1512.html) 5. Reporting to Cal/OSHA any serious injury, illness or fatality (notification within 8 hours is required) (see https://www.dir.ca.gov/ title8/342.html)

1 2 3 4 5

Employers might be well-advised to check their safety programs to ensure they are in-compliance to avoid citations in these areas.

For these most frequently cited regulations, Cal/OSHA issued a total of 6,252 violations, with proposed penalties of $6,236,931!

ONLINE COMPLIANCE ASSISTANCE TOOLS •

Cal/OSHA Guidance for Construction Employers—This table allows employers and employees to access specific regulations for various Title 8 regulations on construction as well as useful guidance materials, posters and other resources: https://www.dir.ca.gov/dosh/ construction-guide-summary.html Cal/OSHA Pocket Guide for Construction— this guide is for the use of workers, employers, supervisors, shop stewards, safety personnel and others. It: 1 Summarizes Title 8 regulations applicable to the construction industry 1 Lists the major subject headings in alphabetical order in the Table of Contents 1 Provides highlights of selected safety standards in each major subject heading within its scope and may also include Best Practices 1 Is available in pdf format and can be printed online: https://www.dir.ca.gov/dosh/ dosh_publications/constguideonline.pdf

MARCH 2019

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NEW MAXIMUM OSHA PENALTIES

construction industry

(effective 1/23/19)

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COMPLIANCE

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

RENTALS SALES

OSHA Offers Step-by-Step Compliance Assistance Highlights Major Requirements and Guidance OSHA has made a Compliance Assistance Quick Start available on its website to provide construction companies a broad overview of how to prevent workplace injuries and illnesses and comply with the Occupational Safety and Health Act. The Compliance Assistance Quick Start offers a step-by step guide to help you identify many of the major OSHA requirements and guidance materials that may apply to your jobsite. OSHA’s Compliance Assistance Quick Start outlines a seven-step process to highlight requirements related to the most common construction jobsite hazards; additional requirements that may apply to your jobsites; how to survey jobsites for additional hazards; how to develop a safety and health program; how to provide effective safety training; recordkeeping and reporting requirements; additional compliance assistance information; and links to OSHA standards, publications, fact sheets and many other resources to help promote jobsite safety and ensure OSHA compliance. Some of the key elements of compliance assistance include:

TRAINING “THE TRENCH & TRAFFIC SAFETY SPECIALISTS”

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

www.ntsafety.com

Step 1: OSHA Requirements Related to Leading Hazards at Construction Sites — A partial list of top construction hazards includes: Falls consistently account for the greatest number of fatalities in the construction industry. If you have employees who work six or more feet above a lower level, you must provide fall protection. Stairways and ladders are major sources of injuries and fatalities; falls from ladders among construction workers represent nearly one third of fall fatalities.

• •

2 •

1

ENGINEERING

SERVICE

By Cari Elofson, Assistant Director, OSHA Training Institute Education Center

• •

Scaffold-related accidents account for over 4500 injuries and more than 60 fatalities annually. Workers on scaffolds need protection from common hazards, including falls from elevation, scaffold collapse due to instability or overloading and being struck by falling tools, work materials or debris. Electrical hazards. Almost all construction employers must consider the hazards associated with electricity, including electric shock, electrocution, fires and explosions. Trenching and excavation are among the most hazardous construction operations.

Step 2: Other OSHA Requirements That May Apply to Your Jobsite — A partial list of additional OSHA requirements includes: Hand and power tools are common and workers who use hand and power tools and are exposed to the hazards of falling, flying, abrasive and splashing objects, or to harmful dusts, fumes, mists, vapors or gases must be provided with the appropriate personal protective equipment. Silica standard. OSHA issued this standard to curb lung cancer, silicosis and other health effects by limiting workers’ exposure to respirable crystalline silica. Cranes, derricks, hoists, elevators or conveyors present significant safety issues both for the operators of these diverse “lifting” devices and for workers in proximity to them. Crane, derrick and hoist safety

hazards are addressed in specific OSHA standards, and employers who use lifting devices must comply with these standards. Confined spaces. Construction workers often perform tasks in work areas that are large enough for an employee to enter, have limited means of entry or exit and are not designed for continuous occupancy. Confined spaces can present physical and atmospheric hazards that can be prevented if addressed before entering the space to perform work. Fire Safety & Emergency Action Planning. Construction employers are responsible for the development and maintenance of an effective fire protection and prevention program at their jobsites, and OSHA recommends that all employers have an emergency action plan.

3

Step 3: Survey Your Workplace for Additional Hazards — OSHA offers many resources to help you survey your jobsites for additional hazards, including construction safety checklists and OSHA’s Safety and Health Information Bulletins.

4

Step 4: Develop a Jobsite Safety & Health Program — Establishing a safety and health program at your job site is one of the most effective ways of protecting your workers and complying with OSHA’s standards and safety training requirements. OSHA offers several publications and online tools to assist employers in developing a safety and health program. OSHA also offers free on-site consultation.

5

Step 5: Train Your Employees — OSHA’s construction standards require employers to provide safety training to their workers that is appropriate to their job tasks and applicable to the jobsite environment.

6

Step 6: Recordkeeping, Reporting & Posting — Recordkeeping: OSHA generally requires construction employers to keep records of workplace injuries and illnesses. If you had 10 or fewer

Type of Violation

New Maximum

• • •

Serious Other-Than-Serious Posting Requirements

$13,260 per violation

Willful or Repeated

$132,598 per violation

Failure to Abate

$13,260 per day

employees during the last calendar year, you are exempt from the recordkeeping requirements. Reporting Fatalities and Severe Injuries: All employers must report to OSHA all work-related fatalities within 8 hours and must also report to OSHA all work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours. OSHA Poster: All employers must post the OSHA Poster (or state plan equivalent) in a prominent location in the workplace. Where employers are engaged in activities that are physically dispersed, such as construction, the OSHA Poster must be posted at the location to which employees report each day. Access to Employee Exposure & Medical Records: Employers are required to provide employees, their designated representatives and OSHA access to employee exposure and medical records. Employers generally must maintain employee exposure records for 30 years and medical records for the duration of the employee’s employment plus 30 years.

6

Step 7: Additional Compliance Assistance Information — OSHA offers additional construction industry compliance information and resources that may be applicable to specific employers or situations. OSHA’s Help for Employers webpage features a list of frequently asked questions and numerous additional links to help employers keep their workers safe while maintaining compliance with OSHA standards and requirements. u The OSHA Training Institute Education Center (OTIEC) at Chabot-Las Positas Community College District is authorized by OSHA to deliver training and has been conducting OSHA’s courses since 2008. OTIEC is one of UCON’s Partners in Education, and a UCON member since 2010.

MARCH 2019

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COMPLIANCE

By UCON’s Labor Relations & Member Services Department

ONLINE COMPLIANCE RESOURCES For easy access to a number of helpful websites—government agencies, unions, trust funds, etc.—bookmark UCON’s Labor & HR Links page: www.unitedcontractors.org/benefits/labor-relations-a-hr/labor-a-hr-links

HR & Union Payroll Compliance Calendar

MAY / JUNE

q Rate increases for union payroll

Every year there are tasks that need to be completed by a certain time, and UCON is here to help! This list covers key items that apply to union contractors but is not intended to be exhaustive. Keep this calendar handy as a reminder and add other tasks that are specific to your company.

JANUARY

q Make sure you have updated employer postings

q

q

in all workplaces by the end of the month. UCON contractor members receive one free poster every year, and you can order more with a member discount through Labor Law Compliance Center at 800-801-0597. Affordable Care Act (ACA) Reporting for Applicable Large Employers (ALEs)—Deadline for providing Form 1095-C to employees/individuals is usually January 31. (Extended to March 4 for 2019.) W-2 Filing—Deadline is January 31.

FEBRUARY

q MARCH

q Public Works Contractors—Check prevailing

q

APRIL

q

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

q

q

q

Operating Engineers Local No. 3 (OE3), through the end of November. Check for notices from UCON or contact your local OE3 District for questions. Tax Day—April 15 is the usual deadline for most tax submissions, but check the IRS website (www.irs.gov) for changes to the date that may occur, as well as necessary deadlines and forms for different types of tax submissions. Your CPA, accountant, or tax consultant can advise you on what applies to your company. Reckoning of straight-time hours worked for Northern California Laborers is either 4 hours or 8 hours from April 1 through November 14.

OCTOBER

Pile Drivers 2014-192

Martin Luther King, Jr. Day3

Monday, January 21

NO

NO

NO4

NO

Presidents’ Day

Monday, February 18

Memorial Day

Monday, May 27

Independence Day

Thursday, July 4

Labor Day

Monday, September 2

5

Thanksgiving Day

Thursday, November 28

Laborers 2018-23

Teamsters 2016-20

Day After Thanksgiving

Friday, November 29

Christmas Day

Wednesday, December 25

Carpenters: Four days of each year are designated as Off/Holidays (“Black Fridays”). For 2019, these are Friday, February 15th; Friday, May 24th; Friday, July 5th; Friday, August 30th. Designated Off/Holidays shall be governed by Section 26 (Overtime) of the Carpenters Master Agreement. For work under the Highway Addendum (Appendix F), these additional Designated/Off Holidays do not apply to employees working outside of Area 1. Veterans may choose to observe Veteran’s Day (November 11th). Veterans shall provide the Individual Employer with two (2) working days’ notice to observe Veterans Day. Upon request of the Individual Employer, members shall provide proof of military service, but work performed on that day is not subject to holiday pay (Section 25). 2 Pile Drivers: Pile Drivers do not observe the 4 designated Off/Holidays (“Black Fridays”) days that are observed by the Carpenters. 3 Operators and Laborers: Martin Luther King, Jr. Day may become a recognized holiday if and when the five basic crafts agree to adopt it as a holiday. 4 Operators: If supporting another craft that is being paid overtime pay, between the hours of 8:00AM & 4:30 PM M-F, Operators must be compensated on the same basis (09.03.00). 5 Iron Workers: No work shall be performed on Labor Day except to save life and property. 1

2019 Holidays Recognized by Unions rev. 10.18

Rev. 10/2018

17 Crow Canyon Court, Suite 100 | San Ramon, CA 94583 | (925) 855-7900 | FAX: (925) 855-7909 | www.unitedcontractors.org

NOVEMBER / DECEMBER

q New minimum wages may go into effect in

q

q

q Public Works Contractors—Check prevailing q

O.E. Local 3 2016-20

IMPORTANT: Please refer to actual agreement sections for additional information/details.

filed between August 1 and September 30. For more information on this reporting requirement, visit www.dol.gov/vets/vets4212.htm.

wage determinations posted on September 1 for changes to any classifications or rates on your jobs. EEO-1 Reports are typically due by October 1. Check the EEO-1 Survey website (www.eeoc. gov/employers/eeo1survey/ index.cfm) for information on who needs to file, how to file, and any changes to the filing deadline.

Iron Workers 2017-20

2018 DATE

union holiday calendar from UCON for the coming year, including knowing when the Off/ Holidays (formerly “Black Fridays”) are for the Northern California Carpenters.

q Federal Contractors—VETS 4212 forms must be

SEPTEMBER

Cement Masons 2016-2019

Tuesday, January 1

HOLIDAY

q Make sure you have the

JULY / AUGUST

q Retiree work provisions may be in effect for

q Post OSHA Log 300A for previous year’s

summary of recordable injuries and illnesses from February 1 through April 30. Electronic reporting is also due by March. See this issue’s Safety Check-Up on page 14 for more details. ACA Reporting for ALEs—Hard copy filing deadline for filing Form 1094-C and all copies of Forms 1095-C to the IRS is February 28.

wage determinations posted on March 3 or 4 for changes to any classifications or rates on your jobs: www.dir.ca.gov/OPRL/DPreWageDetermination. htm ACA Reporting for ALEs—Electronic filing deadline for filing Form 1094-C and all copies of Forms 1095-C to the IRS is March 31. (Extended to April 1st for 2019.)

should all be allocated by now, except in cases where contract negotiations are still in process. UCON sends this information out as soon as it is available, so make sure you and other people who need the information are on the Labor/HR Bulletin distribution list. Public Works Contractors—Make sure that you have renewed your DIR Public Works Contractor Registration by June 30, and that your subs have done so as well. Starting in 2019, you will be able to renew for up to three years at a time. To register or renew, go to www.dir.ca.gov/ Public-Works/Contractor-Registration.html. Reckoning of straight-time hours worked for OE3 is either 4 hours or 8 hours from May 1 through October 31.

RECOGNIZED UNION HOLIDAYS

2019 Calendar for Northern California Master Agreements Carpenters 2018-231

New Year’s Day

January. For hourly non-union employees, check the rates for the state and also any local minimum wage requirements to make sure you will be in compliance. For exempt employees, check the state and federal minimum salaries. Get a handle on new laws going into effect in the coming year. UCON issues an end-of-year bulletin and legislative report to help you pinpoint the laws that could impact your company. Be sure to follow advisory for policies and procedures to review at your company in light of these new laws. Reckoning of straight-time hours worked for OE3 is either 4 hours, 6 hours or 8 hours from November 1 through April 30. Northern California Laborers follow the same rules from November 15 through March 31.

MONTHLY REMINDERS:

q Trust Fund reports and payments are due on the

q

15th of every month and delinquent after the 25th. Make sure you are sending them out in plenty of time, and consider filing online where possible to speed up the process. Check the union holiday calendar monthly to make sure you know when holiday pay could be required.

Bakersfield

Sacramento (I-50)

San Jose

Stockton

Hawaiian Islands

(855) 376-5050

(800) 267-1444

(800) 619-4723

(888) 463-7593

Dublin

Sacramento (I-80)

San Rafael

Ukiah

Kahului, Maui

(844) 829-1910

(844) 717-8579

(888) 454-8282

(800) 772-1555

San Carlos

Santa Clara

Yuba City

(888) 700-3349

(877) 685-7223

(800) 215-3893

San Francisco

Santa Rosa

(877) 686-7223

(800) 244-8893

3105 Gateway Avenue

6400 Sierra Court, Suite G

Napa

10 Enterprise Court (800) 675-2656

Oakland

425 Market Street (877) 689-7223

8400 24th Avenue

5425 Stationers Way

1691 Bayport Avenue

200 Florida Street

630 Quinn Avenue

63 Lovell Avenue

605 Laurelwood Road

3033 Dutton Avenue

4015 Newton Road

100 Parducci Road

717 Bridge Street

250 Alamaha Street, #N4 (808) 877-2757

Kailua-Kona, Hawaii 73-4222 Huliko’a Drive (808) 326-1466

Waipahu, Oahu

94-144-B Leo’ole Street (808) 671-7330

Supplying Products for Water, Sewer, Storm Drain & More. Contact your Local Waterworks Professionals Today! Visit PaceSupply.com/Waterworks MARCH 2019

19


Bakersfield

Sacramento (I-50)

San Jose

Stockton

Hawaiian Islands

(855) 376-5050

(800) 267-1444

(800) 619-4723

(888) 463-7593

Dublin

Sacramento (I-80)

San Rafael

Ukiah

Kahului, Maui

(844) 829-1910

(844) 717-8579

(888) 454-8282

(800) 772-1555

San Carlos

Santa Clara

Yuba City

(888) 700-3349

(877) 685-7223

(800) 215-3893

San Francisco

Santa Rosa

(877) 686-7223

(800) 244-8893

3105 Gateway Avenue

6400 Sierra Court, Suite G

Napa

10 Enterprise Court (800) 675-2656

Oakland

425 Market Street (877) 689-7223

8400 24th Avenue

5425 Stationers Way

1691 Bayport Avenue

200 Florida Street

630 Quinn Avenue

63 Lovell Avenue

605 Laurelwood Road

3033 Dutton Avenue

4015 Newton Road

100 Parducci Road

717 Bridge Street

250 Alamaha Street, #N4 (808) 877-2757

Kailua-Kona, Hawaii 73-4222 Huliko’a Drive (808) 326-1466

Waipahu, Oahu

94-144-B Leo’ole Street (808) 671-7330

Supplying Products for Water, Sewer, Storm Drain & More. Contact your Local Waterworks Professionals Today! Visit PaceSupply.com/Waterworks MARCH 2019

19


construction industry

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COMPLIANCE

By Roger Mason, Esq., and Rachael Brown, Sweeney, Mason, Wilson & Bosomworth

New Harassment Prevention Requirements–SB 1343 Harassment prevention training is now a more widespread and specific requirement for California employers, as mandated by the new law, SB 1343. All employers with five or more employees are now required to provide training to all employees. The following Q & A help explain the new requirements.

1. When is the new law effective? — SB 1343 amends California Government Code Section 12950.1 and goes into effect January 1, 2019.

2. How much training is required? — At least

two hours of sexual harassment prevention training must be provided to all supervisory employees. At least one hour of sexual harassment prevention training must be provided to all non-supervisory employees.

3. Who counts as a supervisor? —

A supervisor is anyone with authority to hire, fire, assign, transfer, discipline, or reward other employees. A supervisor is also anyone with the authority to effectively recommend (but not necessarily take) these actions if exercising that authority requires the use of independent judgment.

4. Does this apply to my business? —

The sexual harassment prevention training applies to all employers having five or more employees.

5. How long do I have to comply? —

The required training must be provided no later than January 1, 2020, and once every two years after that. Employers must provide all required

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

training within six months of a new parttime or fulltime employee starting employment. Beginning on January 1, 2020, employers must provide sexual harassment prevention training to temporary or seasonal employees within 30 calendar days after the hire date or within 100 hours worked if the employee will work for less than six months.

6. What if I provided sexual harassment training in 2018 pursuant to AB-1825? —

The new law requires that employees be trained during calendar year 2019. Employees who were trained in 2018 or prior will need to be retrained.

7. What method of training is required? —

Employers must provide sexual harassment prevention training in either 1) a classroom setting; 2) through interactive e-learning; or 3) through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days.

8. What topics does the training need to cover?

• The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964; • The statutes and case-law prohibiting and preventing sexual harassment; • The types of conduct that can be sexual harassment;


UCON CALENDAR

• The remedies available for victims of sexual harassment; • Strategies to prevent sexual harassment; • Supervisors’ obligation to report harassment; • Practical examples of harassment; • The limited confidentiality of the complaint process; • Resources for victims of sexual harassment, including to whom they should report it; • How employers must correct harassing behavior; • What to do if a supervisor is personally accused of harassment; • The elements of an effective anti-harassment policy and how to use it; • The definition of “abusive conduct” under Government Code section 12950.1, subdivision (g)(2). • Harassment based on gender identity, gender expression, and sexual orientation, which shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation. All training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions. u Roger M. Mason is a shareholder with Sweeney, Mason, Wilson & Bosomworth, Los Gatos, California. Since 1982, Roger has focused on labor and employment law, both transactional and litigation. He advises and represents businesses in multiple aspects of employment and labor law successfully resolving individual and class action claims through, mediations, arbitrations and trials. He can be reached at (408) 356-3000 or rmason@smwb.com. Rachael Brown assists her clients in a variety of litigation matters, focusing primarily on employment disputes. She can be reached at (408) 356-3000 or REB@smwb.com.

Moscone Playground Renovation Marina District, San Francisco Architectural & Site Concrete (Poured with Bauman’s Volumetric Mixers), Landscape Carpentry, Play Equipment & Furnishings, Landscape & Irrigation

BAUMAN

Specializing in Historic Renovation & New Construction Since 1982… Including Parks, Streetscapes & Playgrounds And NOW… Redi-Mix Supply San Francisco HRC LBE/ SBE Certified, License #372478 A, C-27

1255 Battery St., Suite 400 San Francisco CA 94111

PH: 415-447-4800 FAX: 415-447-4258

www.baumanland.com Concrete@baumanland.com

MARCH 2019

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construction industry

COMPLIANCE

By Leslie Lord, UCON VP/Deputy Director

UCON COMMITTEE SERVICE – Get Informed – Get Involved Keep Up With Industry Regulations

Serving as a UCON Committee member is an opportunity to provide a vital industry service. Many of UCON’s committees focus on regulations and compliance. Why join a committee? Here are just a few of the benefits:

UCON is very aware of the time constraints of our members. Balancing time for business, family and service is very important. We are efficient and focused in our approach. The result is that generally Committee service is not a major time commitment.

4

4 4 4 4 4 4 4 4

Strategic Construction Recruiting

BUILDING UCON TEAMS SINCE 1996

Gary Peterson 480.773.4227 Kirk Abramowski 925.315.7715

Meetings are not a grind. Boring is out. Smart, results driven and interactive is in.

UCON Committee members are on the leadingedge. As a member you will hear first-hand what’s coming down the pipe. You will know more about the industry, market and key issues than most in the industry.

Share your opinion. Everyone has a voice. Everyone has value. No rubber stamp is put on decisions. The right decisions are made for the right reasons. Every voice matters from member companies large and small.

Being a Committee member can make a difference. To the industry. To your own company. And often to your own professional development.

Committee service leverages business relationships. Informed members like to do business with informed members. Collaborating with people you like and respect is a bonus.

Your one idea can become an industry reality. Some of the largest and most influential industry initiatives have come from UCON members who spoke up with one idea.

Committee service can refine your own leadership. Working with a high performance peer group gives perspectives on collaborative thinking, new approaches to business and best practices.

You (or someone who works for you) will enjoy the experience. Even more than you think.

For information on Committee involvement, contact Leslie Lord, UCON VP/Deputy Director, (925) 855-7900, llord@unitedcontractors.org.

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


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UCON COMMITTEES: HELPING TO KEEP COMPLIANCE AND REGULATIONS IN CHECK: Here is a list of UCON committees that will assist you in being successful and up to date regarding the industries regulations and compliance:

LEGISLATIVE ROUNDTABLE COMMITTEE: r r ATTORNEY The Roundtable engages in discussions COMMITTEE: Serves as encompassing a variety of legal and policy issues that impact California’s union contractors. In facilitated meetings, they review and analyze current contractor member challenges and make policy recommendations that are brought to the Legislative Committee. Committee Criteria: All attorney members and inhouse attorneys are encouraged to participate.

CALTRANS-UCON COMMITTEE: The

r Caltrans-UCON Liaison Committee provides

a forum for contractors and Caltrans to improve business relations. Meeting quarterly at Caltrans HQ in Sacramento, they actively engage with Caltrans officials at the highest levels providing key industry input on topics such as DBE challenges, safety updates, materials testing, DRB processes, payment procedures, specification updates and more. Committee Criteria: All contractors who bid and perform work with Caltrans are encouraged to participate.

CRAFT COMMITTEE: Serves as contract r negotiation team members during the collective

bargaining process with the Unions. They tackle issues including apprentice manning, labor shortages and the lack of skilled craft workers. The Committee consists of individual craft committees for each union that UCON bargains with. Committee Criteria: Limited to those contractors who have their bargaining rights assigned to United Contractors.

the chief platform for members to provide input and legislation relevant to our contractors. The committee meets twice annually and on an as-needed basis to review, analyze and make recommendations on a variety of legislation. Committee Criteria: An open committee best suited for those interested in learning about the legislative process and empowered to provide feedback on behalf of the industry. Owners and senior managers encouraged.

& INSURANCE COMMITTEE: r SAFETY This Committee provides the membership with information on safe operation in the industry as well as monitors and advocates on OSHA issues and develops new safety products for the membership. This committee meets monthly. Committee Criteria: Open to those who are interested in effective/streamlined safety regulations.

FRANCISCO CITY CONTRACTOR r SAN LIAISON COMMITTEE: Was established to

provide a forum for contractors and City agencies to improve business relations. The committee meets quarterly at City Hall. Topics include local hire requirements, safety updates, upcoming bidding opportunities, partnering, payment procedures, specification updates and more. Committee Criteria: All contractors who are headquartered or bid and perform work in the City are encouraged to participate. Owners and senior managers encouraged. unitedcontractors.org

MARCH 2019

23


UCON MARCH 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 March:

24 YEARS – 1995 Associate Member: AWSI Brandon Jentzen

Associate Member: Atkinson, Andelson, Loya, Ruud & Romo Robert Fried

21 YEARS – 1998

13 YEARS – 2006

20 YEARS – 1999

12 YEARS – 2007

32 YEARS – 1987

Associate Member: D.P. Nicoli, Inc. Michael Casas

Associate Member: AON Construction Services Group Donna Revis

26 YEARS – 1993

Contractor Member: Central Striping Service, Inc. James Lesniewski

Associate Member: CNA Surety Paul Kitchell

Associate Member: Harris Blade Rental Sandy Thomson

33 YEARS – 1986

25 YEARS – 1994

17 YEARS – 2002

38 YEARS – 1981

Associate Member: Oldcastle Precast, Inc. Joe Barden

37 YEARS – 1982

Contractor Member: T.D.W. Construction, Inc. Edmundo Alire, Jr.

Associate Member: Marsh Risk & Insurance Services David Harris

Associate Member: Cresco Equipment Rentals Chris Smith

Contractor Member: CMC Traffic Control dba CMC Construction Crystal Miks

16 YEARS – 2003

COMMERCIAL REAL ESTATE SERVICES “I was a contractor myself for many years. I know what you want and need.” – Ted Assisting you in the following areas of

REAL ESTATE: • • • • •

Commercial Industrial Yard/Shop Land Office

When you’re considering: • Buying • Selling • Leasing • Subleasing

Ted Gallagher Director

Contractor Member: D.A. Wood Construction, Inc. Dan Wood, Jr.

Associate Member: Heffernan Insurance Brokers John Clark

14 YEARS – 2005

Contractor Member: Argonaut Constructors Michael Smith, Jr.

Contractor Member: Cal State Constructors, Inc. Don Cabianca Contractor Member: Tri-Valley Excavating Mike Garcia

11 YEARS – 2008

Contractor Member: Inner City Demolition, Inc. James Campanella

10 YEARS – 2009

Contractor Member: RNR Construction, Inc. Andre Catellier, P.E.

9 YEARS – 2010

Contractor Member: Precision Drilling, Inc. Ty Amundson

8 YEARS – 2011

Associate Member: Construction Testing Services Brenda Harris

7 YEARS – 2012 Contractor Member: Guy F. Atkinson Construction, LLC Brianne Conroy

BUILD SUCCESS

Invest in yourself by working with professionals who understand how to succeed in the construction industry.

510-693-8515 (cell) Ted.Gallagher@cushwake.com Lic #01467047

1-888-529-2648 CLAconnect.com/construction ADVISORY | OUTSOURCING | AUDIT AND TAX 27-0785 | ©2017 CliftonLarsonAllen LLP

14 W W W . U N I T E D C O N T R A C T O R S . O R G 24


6 YEARS – 2013

PlanGrid Dave Barden Contractor Member: Roadway Construction, Inc. Wendel, Rosen, Reza Yazdi Black & Dean LLP Quinlan S. Tom Associate Member: Downey Brand LLP 2 YEARS – 2017 Sean Filippini Contractor Members: Atlas Peak Construction Filice Insurance Agency Danny McLean Steve Giachetti

5 YEARS – 2014

Contractor Members: Goebel Construction, Inc. Greg Goebel Ransome Company Geoff Raaka Associate Members: Rebel Equipment Enterprises Robert Lee Varela, Lee, Metz & Guarino, LLP Andrew Van Ornum

4 YEARS – 2015 Contractor Member: American Pavement Systems, Inc. Dave Pimley

Associate Members: Bolton & Company Dave Miller SiTECH NorCal David Larsson

3 YEARS – 2016

Contractor Members: Bridgeway Civil Constructors, Inc. Gabe Farncroft Dees Burke Engineering Constructors, LLC Shane Dees Associate Members: Alliant Insurance Services, Inc. Mike Heffernan

Interstate Concrete Pumping Co., Inc. Andrew Paulazzo Landavazo Bros. Inc. Ted Landavazo Malcolm International LLC Patrick Snyder Marinship Development Interest LLC Derek Smith Associate Members: Just Gurr & Associates Accountancy Corporation Michael Gurr LogoBoss Tim Smith Mobile Barriers MBT-1 Bridget Ostronic Peterson Trucks, Inc. Teresa Dias

1 YEAR – 2018

Contractor Members: Bear Electrical Solutions Andrew Bader Demo Masters, Inc. Rick Cleveland Mission Constructors. Inc. Isabelle Concio Associate Member: Honey Bucket Daniel Gouig

N OM VA / DRECCH 22001139

35 25


FACES

UCON’s 2019 Membership L.I.V.E. – Leadership, Innovation, Vision & Excellence The San Jose Fairmont was the place to be on February 9, 2019! United Contractors members, affiliates and guests celebrated the installation of the 2019 Board of Directors and President, Steve Clark of Granite Construction Company. After being sworn in by his children Scott and Amy Clark, Steve gave a heartfelt speech sharing the lessons he learned growing up. The most notable lesson being from his father, Robert Clark, “If you can’t pick up the phone and call someone from the other side of the table, well then you’re already at a disadvantage.” Six distinguished guests were also awarded for their involvement and support of United Contractors and the Industry in 2018. The ceremony ended with a bang, as balloons dropped, and confetti cannons went off to start the party. The evening included wine and canape pairings by The Wine Militia, photobooth and interactive desserts including a nitrogen ice cream bar and S’mores station. Congratulations to the 2019 UCON Board of Directors!

CONGRATULATIONS AWARD WINNERS: The Foundation Award Brett Kincaid, O’Grady Paving, Inc. This award is granted to those that serve at the highest level of our association and our industry. Their time and commitment and talent are put to work for the many. More than almost anyone, the organization succeeds with leaders like Brett who uphold our foundational principles; that every member counts, that every voice matters, and that unity is the key to the success of our efforts.

The Impact Award: Legislator of the Year Senator Josh Newman The Impact Award recognizes political leadership and courage in advancing the interest of our industry. Senator Josh Newman was chosen to receive the Impact Award for his outstanding and unwavering leadership and commitment to improve California’s infrastructure systems. Through his vote on SB 1, he showed sincerity, unprecedented tenacity and heartfelt leadership as a policy maker who is dedicated to bringing 26 W W W . U N I T E D C O N T R A C T O R S . O R G

important and positive changes to California and to the contractors who build our state. California’s future is brighter because of the commitment of Senator Newman.

Honorary Lifetime Member Award William L. Gates of Top Grade Construction, Inc. Honorary Lifetime Member Award is granted to those very few, upon their conclusion of active industry service, who deserve the honor of Lifetime inclusion in the UCON family and legacy. Bill Gates served on the AECE (the predecessor association to UCON) Board of Directors for an extensive term. He served on the union bargaining teams for decades. He was an advocate for merging interests and organizations to build more positive union relationships. And has been an outstanding ambassador for the industry. He brings vitality, humor, passion, and industry knowledge to his work, and contributions to the business and to the Association. For his years of service in legislative and political leadership and his inspiring example as industry leader the 2018 Board of Directors has chosen Bill Gates as the recipient of the Honorary Lifetime Membership Award.


UCON’S 2019 BOARD OF DIRECTORS

(Back row, left to right): Kevin Hester, McGuire and Hester; Joe Sostaric, The Conco Companies; Guy Smith, St. Francis Electric LLC, Secretary/Treasurer-Elect & Past Secretary/Treasurer 2018; Paul Cocotis, Shimmick Construction Company, Inc.; Randy Jenco, Viking Construction Company; Kurt Kniffin, Stacy and Witbeck, Inc.; Juan C. Arrequin, Bay Line Cutting & Coring, Inc.; (Front row, left to right): Trony Fuller, West Coast Sand & Gravel, Associate Director; Christi Plum, P C & N Construction, Inc., Secretary/Treasurer; Steve Clark, Granite Construction Company, President 2019; Paul Cianciarulo, Graniterock, Past-President; Patrick Diebel, Woodruff-Sawyer & Co., Associate Director-Elect; Charles Wall, Brosamer & Wall, Inc., Vice-President/President-Elect (not pictured, Mary Teichert, Teichert Inc., Director-At-Large; Hal Stober, Gordon N. Ball, Inc.)

Associate Leadership Award Roger Mason, Esq., Sweeney, Mason, Wilson & Bosomworth Roger Mason was chosen by the 2018 Board of Directors as someone who has significantly contributed time and commitment. He served as volunteer and chairman for events and programs. He contributed at the level of peer and leader and distinguished the Associate membership with his Board service. Roger is being awarded for his contributions as one of our leaders and legal experts and top Associate Member.

Volunteer Commitment Award Thomas Lum, Peterson Cat Tom Lum has been a volunteer, a leader, an associate director, and a supporter of this organization for more than 30 years. For Tom, whether it’s barbecuing for hundreds at A’s games in the ‘80s, serving on the board, or attending the various events over a period of time where he had his daughter (from kindergarten to college student), he selflessly joined those who are doing what they can, when they can, while they can...for the betterment of all. Tom was chosen by the 2018 Board of directors to receive the Volunteer Commitment Award for his noteworthy efforts and remarkable tributes in nature.

Special Service Award Emily Cohen, United Contractors The 2018 Board of Directors chose UCON’s Executive Vice President, Emily Cohen to receive the Special Service Award for her integrity, focus, drive, and commitment without compromise, working tirelessly for two full years to drive some of the most significant and impactful advocacy that our industry has ever seen. These two years yielded SB 1 and the No on Prop 6 campaign. Emily took on the role of strategist, fundraiser, advocate, coordinator, arm-twister, complaint department, and designated driver. First, in a remarkable effort, in conjunction with our labor partners, legislation was passed, that no one said could be done. And her efforts along with many others brought about SB 1. In an unbelievable turn of events, we had to face the repeal campaign, Proposition 6. This industry has never had such a significant challenge. It took tens of millions of dollars; it took unbelievable coordination and commitment by labor and management and it took the talent and energy of many people to get it done. Emily made the most significant impact upon this campaign, on this industry and on this state. MARCH 2019

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FACES Thank You 2019 Annual Event Sponsors: — PLATINUM SPONSORS —

www.rbcompany.com

— GOLD SPONSORS — Bay Area Traffic Solutions (BATS) Chrisp Company Graniterock Griffin Soil Group Joseph J. Albanese, Inc. KDW Construction, LLC National Trench Safety, LLC Pavement Recycling Systems, Inc. Peterson Cat Shimmick Construction Company, Inc. Sierra Mountain Construction Stacy and Witbeck, Inc. Stomper Company, Inc. Sweeney, Mason, Wilson & Bosomworth Teichert Inc. United Rentals Trench Safety — SILVER SPONSORS — ABD Insurance & Financial Services Alliant Insurance Services, Inc. Aon Construction Services Group California Bank of Commerce CliftonLarsonAllen LLP G. Peterson Consulting Group, Inc. The Hartford Heritage Bank of Commerce Hoseley Corporation McSherry & Hudson, LLC Midstate Barrier, Inc. Moss Adams LLP PACE Supply PentaRisk Insurance Services LLC R. J. Gordon Construction, Inc. TYS, LLP Volvo Construction Equipment & Services Walsh Construction Company II, LLC Woodruff-Sawyer & Co. 28 W W W . U N I T E D C O N T R A C T O R S . O R G


Thank You to our 2019 Membership L.I.V.E. Sponsors: — PRESIDENTIAL SPONSORS —

L OF LABOR E

NGTH RE ST

RS

N CALIFO RN ER JUSTIC TH E

TRICT C DIS OU HONOR

I NC

IA

SO U

— VP SPONSORS — Laborers-Employers Cooperation & Education Trust (LECET Southwest) McGuire and Hester — DIRECTOR SPONSORS — Bauman Landscape and Construction, Inc. Operating Engineers Local No. 3 RNR Construction, Inc. Rogers Joseph O’Donnell — CONGRATULATORY SPONSORS — Cement Masons Local 400 Foundation for Fair Contracting

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Events

GET READY TO THROW DOWN FOR EDUCATION! The Scholarship Throw Down Fundraiser, a Cornhole bean bag toss tournament, was a sold-out success last year and we’re bringing it back for even more fun! Last years event raised a record breaking $42,000 for United Contractors Scholarship Program while offering a chance to compete, mix and mingle with industry professionals and affiliates. New Location: Wente Vineyards’ Amphitheatre will be the location for the May 9, 2019 event—more space means more people can play! Space is still limited so register and sponsor today! Call UCON Events, (925) 855-7900 for more information and to sponsor.

By Angelica Gouig, Event Coordinator and Scholarship Committee Liaison

Throw Down Sponsorship Opportunities: Several unique sponsorship opportunities are available: • Bean Bag Sponsor— Have your company logo on all the game play bean bags plus 2 team registrations! $5,000 • Bottles of Water Sponsor—Have your company logo printed on the disposable water bottles handed out at the event plus 1 team registration! $2,500 • Scoreboard Sponsor—Your company logo on the official scoreboard, scoring app and scorecards. Plus 1 team registration! - $2,500 • Cornhole Board Sponsor—Have your company logo on a Cornhole board, includes one team registration! $2,000 (limited quantity available) • Sunscreen Sponsor—Company logo printed on the sunscreen packets handed out at the event. $750 • Bar Sponsor—Have your company logo on signage placed at the bar. $500

UCON’s Scholarship Fundraiser Wente Vineyards, Livermore 1255 Battery St., Suite 400, San Francisco, CA 94111

PH: (415) 447-4800 EMAIL: Concrete@baumanland.com 30 W W W . U N I T E D C O N T R A C T O R S . O R G

Register/Sponsor: unitedcontractors.org/events


UCON CALENDAR March 14

UCON’s Fearless Foreman

Thursday, March 14, 2019; 5:00 - 8:00pm Location: Marriott Hotel, Pleasanton Cost: $129 Member / $229 Non-member

April

4-5

UCON’s Leadership Development Program Thursday, April 4 and Friday, April 5, 2019 Cost: $1,345 UCON Members only Location: Chaminade Resort & Spa, Santa Cruz (See page 36 for details)

16, 17 Construction Blue Print Reading Course (2 sessions) Tuesday, April 16 (part 1), and

Wednesday, April 17, 2019 (part 2); 5:00 - 8:00pm Location: Residence Inn by Marriott, Pleasanton Cost: $199 Member / $299 Non-member

May 9

UCON’s Throw Down for Education Cornhole Tournament Fundraiser for UCON’s Scholarship Awards Program Thursday, May 9, 2019; 3:00 - 7:00pm Location: Wente Vineyards, Livermore Cost: $175/per person (See opposite page for details)

For details, online registration, and additional events/meetings: www.unitedcontractors.org Questions? Call (925) 855-7900

CHALLENGE

Safely complete deep excavation involving active utilities for the LAX Midfield Satellite North Concourse.

SOLUTION

The Midfield Satellite Concourse (MSC) North Project is the latest phase of LAX’s Master Plan to provide state- of-the-art services to its 80 million+ passengers per year. The challenge for Project sub-contractor Granite Construction was to move around and underneath more than 13,000 feet of existing utilities and complete 350,000 cubic yards of mass grading, structural excavation and backfill while adhering to safety and tight scheduling requirements. Stephan Urban, Superintendent for the wet utility portion of MSC, notes Granite is once again renting vast amounts of shoring equipment from “go to” vendor, Trench Shoring Company. This includes trench plates, trench shields, hydraulic trench shores and modular aluminum panel systems, as well as various SBH Slide Rail Systems. For over 40 years, Granite Construction has relied on us to provide the most extensive inventory, personalized customer service, and around-the-clock support. We will be there for your challenges too!

Bakersfield

661-396-9160 TrenchShoring.com ENGINEERING RENTALS SALES INVENTORY TRAINING © Trench Shoring Company

MARCH 2019

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Education

Did you know that UCON gives over $20,000 in Scholarship Awards every year to deserving students?

By Angelica Gouig, Event Coordinator and Scholarship Committee Liaison

Did You Know? UCON Scholarship Awards Program Accepting Applications Now Through May 10th

(Photos: recipients of a UCON 2018 Scholarship Award)

Great Projects.

All UCON affiliated students are eligible to apply, applications are open until May 10th, apply now for one of ten Scholarship Awards:

Great Products.

You are eligible if you meet ONE of the following:

Great Lives.

888.ROCK.100 | graniterock.com

Over $380,000 in scholarships have been awarded through the United Contractors Scholarship Program over the past 25 years. The cost of a college education is a burden for anyone, and UCON’s unique no income eligibility rule helps many deserving students and families that wouldn’t otherwise qualify for a scholarship. Your participation in UCON’s Scholarship Throw Down Fundraiser (see page 32) is the reason why UCON can continue to grow the scholarship program and help deserving young people graduate with less debt. Remember every toss supports the future of the industry!

Underground Contractor Products and Services

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

• You are an employee, spouse, or dependent (of an employee) of a UCON member company attending any 2 or 4 year accredited college or university with a cumulative 3.0 GPA (all majors may apply) OR • You are a California college student majoring in Civil Engineering or Construction Management with a cumulative 3.0 GPA The deadline to apply is Friday, May 10th, 2019 (winners announced in July). For more information, contact United Contractors, (925) 855-7900. u

this e r Sha n with tio staff! a m r r info you


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Gather your safety information from last year’s 2018 projects and apply for UCON’s R.E.A.L. Safety Award, honoring the safest companies in our industry by Recognizing Excellence, Awareness, and Leadership in safety.

2018

APPLY NOW. DEADLINE MARCH 15, 2019.

R.E.A.L. SafetY awards Program

RECOGNIZING EXCELLENCE, AWARENESS & LEADERSHIP IN SAFETY

All contractors are eligible to apply. Applications are availale online February 12th through March 15th, 2019 at unitedcontractors.org. Winning companies will be featured in UCON’s June magazine, and on the UCON website. For more information, contact Julie Hinge, (925) 967-2466, jhinge@unitedcontractors.org. u

UCON Contractor members are eligible to apply for any of the following categories*: • Man-Hours Worked • Most Improved Safety Performance • Safety Hero of the Year • Most Unique Safety Project * applying for more than one category is accepted ** a project which has already won a R.E.A.L. Safety Award, is no longer eligible for application

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By Joan O’Brien, Education Manager

Education

Build, Retain and Engage Your Top Talent! UCON University Programs: March/April 2019 Building a great team is more than simply hiring the right people, you’ve got to make an effort to go beyond managing and motivate. Here are three upcoming programs that will elevate and inspire those who work with you.

UCON’s Fearless Foreman Promoting Change from Within This highly engaging seminar focuses on key strategies to emerge as leaders, mentors and innovators on the job-site. Participants will gain specific people skill behaviors and strategies to promote positive change in both employees and job-site practices. When & Where: Thursday, March 14, 2019, 5:00 p.m. - 8:00 p.m. Pleasanton, Marriott Cost $129 (member) $229 (non-member)

Leadership Development Elevate your leadership skills and reach your full potential. Join your industry peers and engage in business-relevant, leadership driven, experiential learning. This two day conference is designed to help you create a greater self-awareness that will identify your leadership style and develop your strengths to get the best results from the people you are leading and influencing. When & Where: April 4 & 5, 2019, 8:00 a.m. - 5:00 p.m. Chaminade Resort & Spa, Santa Cruz Cost: $1,345 (a UCON members-only program) *Cost includes all course materials, program instruction, meals and one night’s lodging. 34 W W W . U N I T E D C O N T R A C T O R S . O R G

Construction Blue Print Reading This course will teach you the basics of how to read and comprehend a typical set of City, State and Private Drawings. Become skilled at navigating through a standard set of project specifications. Learn the most efficient way to write a Request for Information (RFI) to an owner or engineer/architect. Understand how to do a quantity take-off of standard items of work. When & Where: Course is taught in two sessions Part 1 - Tuesday, April 16, 2019, 5:00 p.m. - 8:00 p.m. Part 2 - Thursday, April 18, 2019, 5:00 p.m. - 8:00 p.m. Residence Inn by Marriott, Pleasanton Cost: $199 (member); $299 (non-member) For more information on these, and other programs from UCON University, contact Joan O’Brien, UCON’s Education Manager. The courses Joan has curated are designed with you and your people in mind, and her goal is to elevate training in the industry. Contact her today at (925) 362-7303, or jobrien@unitedcontractors.org. u


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LEGAL

By Paul V. Simpson, Esq. and John V. Ricca, Esq., Simpson, Garrity, Innes and Jacuzzi, PC

NEW CALIFORNIA AMENDMENTS TO FEHA FAVOR PLAINTIFFS IN HARASSMENT/DISCRIMINATION CASES Effective January 1, 2019, as part of SB 1300, the Legislature added Section 12923 to the Government Code to address various state and federal appellate court decisions that applied sexual harassment and discrimination law. In so doing, the Legislature favored the views of plaintiff advocates in clarifying the extent to which past judicial precedents should be followed by the courts in California employment discrimination cases.

The takeaways from Section 12923 are:

• that defending borderline harassment discrimination claims will likely become more difficult and expensive; • that employment practices liability insurance is something that every employer must consider; • and that every California employer should elevate to a high priority harassment prevention and providing a workplace free from unlawful harassment. • Employers may also want to take this opportunity to evaluate the utility of employment arbitration agreements. The following is an abbreviated synopsis of pertinent statutory language and judicial decisions referenced in the Section 12923 (SB 1300) amendments to the Fair Employment & Housing Act (FEHA).

Decision #1 - Harris v. Forklift Systems (1993) U.S. 17 “The Legislature hereby declares that harassment creates a hostile, offensive, oppressive, or intimidating work environment and deprives victims of their statutory right to work in a place free of discrimination when the harassing conduct sufficiently offends, humiliates, distresses, or intrudes upon its victim, so as to disrupt the victim’s emotional tranquility in the workplace, affect the victim’s ability to perform the job as usual or otherwise interfered with and undermined the victim’s personal sense of well-being. In this regard, the Legislature affirms its approval of the standard set forth by Justice Ruth Bader Ginsburg in her concurrence in Harris v. Forklift Systems (1993) U.S. 17 that in a workplace harassment suit ‘the plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment. It suffices to prove that a reasonable person subjected to the discriminatory conduct would find, as the plaintiff did, that the harassment so altered working conditions as to make it more difficult to do the job.’ (Id. at 26.).” SB 1300. 36 W W W . U N I T E D C O N T R A C T O R S . O R G

In affirming Justice Ginsberg’s concurrence language to Harris and declaring what constitutes a hostile work environment, the California Legislature has clarified that a severe or pervasive hostile work environment under FEHA is met when harassing or abusive conduct based on a protected class either (1) disrupts the victim’s emotional tranquility in the workplace (2) undermines victim’s personal sense of well-being or (3) made the job more difficult to do.

Decision #2 - Brooks v. City of San Mateo (2000) 229 F.3d 917 “A single incident of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile work environment if the harassing conduct has unreasonably interfered with the plaintiff’s work performance or created an intimidating, hostile, or offensive working environment. In that regard, the Legislature hereby declares its rejection of the United States Court of Appeals for the 9th Circuit’s opinion in Brooks v. City of San Mateo (2000) 229 F.3d 917 and states that the opinion shall not be used in determining what kind of conduct is sufficiently severe or pervasive to constitute a violation of the California Fair Employment and Housing Act.” – SB 1300

By renouncing Brooks as legal precedent, a FEHA hostile work environment claim based on a single incident misconduct may be sufficient to get the case to trial.

Decision #3 - Reid v. Google, Inc. (2010) 50 Cal.4th 512 “The existence of a hostile work environment depends upon the totality of the circumstances and a discriminatory remark, even if not made directly in the context of an employment decision or uttered by a non-decision maker, may be relevant, circumstantial evidence of discrimination. In that regard, the Legislature affirms the decision in Reid v. Google, Inc. (2010) 50 Cal.4th 512 in its rejection of the ‘stray remarks doctrine’.” –SB 1300.


By affirming Reid’s rejection of the “stray remarks doctrine,” as a defense to a hostile work environment claim, California’s Legislature has indicated that even isolated remarks made at work may be relevant in determining whether sexual harassment or discrimination based on a protected class has taken place under FEHA on summary judgment.

Decision #4 - Kelley v. Conco Companies (2011) 196 Cal.App.4th 191

The foregoing legislative amendment means that judges will be more likely to allow marginal claims to proceed to trial.

Conclusion

Whether SB 1300 has tilted the legal playing field too far in favor of plaintiffs remains to be seen. u This article is for informational purposes only and is not intended to a substitute for legal advice. The views expressed are those of the authors, www.sgijlaw.com, Simpson, Garrity, Innes & Jacuzzi Professional Corporation, a UCON member since 1999.

“The legal standard for sexual harassment should not vary by the type of workplace. The Legislature hereby declares its disapproval of any language, reasoning, or holding to the contrary in the decision Kelley v. Conco Companies (2011) 196 Cal. App.4th 191.” -SB 1300. “Courts should only consider the nature of the workplace when engaging in or witnessing prurient conduct and commentary is integral to the performance of the job duties.” -SB 1300

In Kelley, the California appellate court affirmed a sum-mary judgement for a construction industry employer on Kelley’s FEHA sex discrimination and sexual harassment claims. The Kelley decision indicated that “The determination of whether a particular action or course of conduct rises to the level of actionable conduct should take into account the unique circumstances of the affected employee, as well as the workplace context of the claim.” The Legislature has disavowed the reasoning of the Kelley decision in deciding that the nature of the workplace is not material to deciding whether conduct is unlawful.

Decision #5 - Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243. “Harassment cases are rarely appropriate for disposition on summary judgment. In that regard, the Legislature affirms the decision in Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243 and its observation that hostile working environment cases involve issues ‘not determinable on paper’.” -SB 1300.

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MARCH 2019

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CALL

LAST

helping you... build your talent promote positive industry change meet peers, allies and partners Taking Action...Getting Results coach up your PMs handle cal/osha citations expand your market with regulatory assistance partner with labor unions respond to any safety question professionalize your foremen solve your human resource questions resolve PG&E claims increase productivity with free products settle disputes and grievances market your company recruit journeyman talent at UCON job fairs save money on workers compensation insurance save money on substance abuse testing advocate with local and state agencies and be the most effective, profitable and successful contractor you can be unitedcontractors.org

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


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Profile for United Contractors

United Contractors Magazine March 2019  

United Contractors Magazine March 2019