United Contractors Magazine June 2021 by United Contractors

JUNE 2021 | ISSUE 6/VOLUME 227 W W W.U N I T E D C O N T R AC TO R S . O R G

Zero Incidents Special Edition: Industry Safety

Up Front: Safety—It’s Personal UCON’s Safety Award Winners Historic State Budget Surplus

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magazine

UNITED contents CONTRACTORS 2021 UNITED CONTRACTORS BOARD OFFICERS

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

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

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

UNITED CONTRACTORS STAFF

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

United Contractors Magazine (ISSN: 2166-3777) is published monthly, except December, by United Contractors, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583. Editorial comments, letters, and article submissions are welcomed and encouraged. Correspondence should be directed to the United Contractors 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. © 2021 Published in the U.S.A.

JUNE 2021

ISSUE 6, VOLUME 227

6 UP Front

Safety—It’s Personal!

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

8 LABOR

Got Issues With Your CBAs? You Can Change Them. Here’s How... By Victor Sella, Director of Labor Relations

Navigating Meal & Rest Period Mineﬁelds By UCON Labor Relations & Member Services Team

12 INSIDE the Capitol

State Budget Surplus—Golden Opportunity to Invest in Transportation By Emily Cohen, UCON EVP, and Kiana Valentine, Politico Group, Executive Director of Transportation California

16 C O N S T R U C T I O N

SAFETY

R.E.A.L. Safety INDUSTRY’S #1 PRIORITY award WINNERS RECOGNIZING EXCELLENCE, AWARENESS & LEADERSHIP IN SAFETY

More Inside: 40 NEXT UP - EDUCATION 44 NEXT UP - LEADERSHIP SPEAKER SERIES 46 NEXT UP - EVENTS 48 WE ARE UCON 50 LAST CALL CONNECT WITH U N I T E D C O N T R ACTO R S :

unitedcontractors.org JUNE 2021

front

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

Safety — It’s Personal! We all want our co-workers, employees, subcontractors, and vendors to go home safe every day. Their friends and families are counting on this. As contractors, we don’t bid or manage projects expecting to have injuries to our workforce—we expect the work will be completed safely. To make that expectation a reality, we all have to commit to incorporating safety into everything we do, giving our crews the proper training and equipment, and taking safety personally. The truth is our work is dangerous. According to OSHA, in 2019 across all industries, 15 workers died on the job each day. Fifteen a day! While this number has decreased dramatically over the last 50 years, I hope we all agree that this is still unacceptable. The most frequently cited violations are related to fall protection, scaﬀolding, ladders, and eye and face protection. All of these hazards are present in our industry and we can help minimize and eliminate them. I believe that by taking safety personally and acting proactively, we can make a diﬀerence and continue driving down these numbers, improving year after year!

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As a more seasoned (older) person in the construction industry, I have seen my fair share of incidents that have moved me deeply. Before experiencing incidents firsthand, I certainly took safety seriously, but in those days there was an attitude that getting scared straight was part of the process. We have to pass on the commitment to safety to the next generation of construction leaders without making them attend the “school of hard knocks.” I’m hopeful that younger people in our industry don’t have the same stories to tell like I do and experience safety positively and proactively. We can accomplish this by setting the example and showing commitment. When I was getting my start, I can remember higher ups in the company showing up at safety meetings in their loafers or tennis shoes, maybe without a hard hat or vest. That showed me and the crews a lack of commitment and that they were not taking safety personally. If the people in charge aren’t committed, it’s much easier, and

unfortunately natural, to be disengaged in the daily routines that keep us safe. It becomes easier to ignore issues and to think of minor safety infractions as “not my problem.” But that’s the thing, safety really is everyone’s responsibility. It’s personal! One of my favorite things to do is tour our projects with the onsite personnel and see their accomplishments. I am always proud and encouraged to see how empowered and proactive our employees are in making safety their priority. It’s amazing to see the impact you can have by not walking past any safety issue—by picking up the knocked over cone or barricade, by moving debris from the pathway, and by showing up in all required PPE. A couple months ago I was touring one of our projects and was about to enter the jobsite when a superintendent put his hand up to stop me like he was directing traﬃc through an intersection. He said I was not allowed to enter the construction site because I did not have my gloves on. The only thing that came to

We have to pass on the commitment to safety to the next generation of construction leaders without making them attend the “school of hard knocks.” mind was to say “thank you for stopping me.” While I had my hard hat, vest, safety glasses, and boots on, I was missing my gloves that were in my vest pocket. That superintendent takes safety personally and his jobsite showed it—everyone, including myself, thanks to him, had on all the required PPE, and the site looked clean and safe. So, I challenge you all to speak up about the small things and be proactive about safety on your projects— It’s worth it. In this magazine you will ﬁnd the UCON Safety Award Winners. Congratulations to each one of the companies awarded for the work they performed during the 2020 year. Take time to read their safety philosophies, and how their teams work together during the challenging year—and I am sure on those projects, they all take safety personally! ◆

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JUNE 2021

LABOR

By Victor Sella, Director of Labor Relations

Got issues with your CBAs? You can change them. Here’s how... “They always say time changes things, but you actually have to change them yourself.” — Andy Warhol My ﬁrst mentor in labor relations loved that quote. Forty years negotiating agreements in factories made him grizzled and hard, but he believed that nothing changed unless you sat across the table from your union and treated them like a partner. That quote carried me through my ﬁrst CBA negotiations over 10 years ago. Looking at our industry now and where it’s going, that statement is as true as ever. More than 350 contractor members across California have come to rely on UCON for our labor relations advocacy and services. Many of the challenges we face in these areas are rooted in our collective bargaining agreements (CBAs) and the need for them to evolve along with our changing industry.

But change at that level doesn’t happen without active leadership and participation from YOU, our contractor members.

At UCON, our contractor members, not staﬀ, develop the labor relations policies and strategies we implement. Decisions are made through transparent, democratic processes. So, when negotiating our CBAs, it’s contractors, not staﬀ, who select the issues and lead the discussions on what needs to change.

So, who actually represents you at the bargaining table?

Contractors like you. Our negotiating teams consist of volunteers from our craft committees. We have a craft committee for each union we have a CBA with in SoCal and NorCal, respectively: Operating Engineers, Laborers, Cement Masons, Carpenters/Pile Drivers, and Teamsters.

Who is on these craft committees?

UCON craft committees contain the who’s-who of labor relations and construction in California, and consist of owners, principals, and high-level labor relations representatives from companies of all sizes. We strive for each committee to represent the diversity 8

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

of the industry: generals and subs, large and small from every industry segment across California.

What are the responsibilities of a craft committee member?

Participation in committee activities is voluntary, with the expectation that members will actively show up to serve the committee’s needs. Each committee is managed by two co-chairs, who set agenda and lead the negotiating team. Each committee meets with their union 1-2 times a year for a partnering meeting, and more frequently every 3-4 years for bargaining.

But why should I join?

Joining a committee gives you access to top industry leaders and the conversations that lead to industry growth and change. While not everyone immediately sees the beneﬁts of forming close relationships with

our union partners and participating in negotiations, our committee members make those relationships a competitive advantage for their businesses. We have a lot of experienced labor committee members retiring over the next few years, and late 2021 into 2022 will be a busy time for multiple CBA negotiations. So, the opportunity to gain experience quickly and accelerate into leadership is available now. UCON provides negotiations training, mentorship, and unique opportunities to grow as an industry leader. So, what are you waiting for? If you are interested in serving on one of the United Contractors craft committees, please contact Director of Labor Relations Victor Sella at (510) 362-6959 or vsella@unitedcontractors.org. ◆

Committee membership is open and we’re always recruiting and developing the next generation of construction talent. Currently, we have 58 companies represented on our committees. Is yours? Companies Participating on Craft Committees: Bauman Landscape & Construction, Inc. Bay Cities Paving & Grading, Inc. Bay Area Concretes, Inc. Bay Area Traffic Solutions Berkeley Cement, Inc. Blue Iron Foundations & Shoring LLC Brightview Landscape Development, Inc. California Engineering Contractors, Inc. Casey Fogli Concrete Contractors, Inc. Chrisp Company Compass Engineering Contractors, Inc. Dees Burke Engineering Constructors, LLC DeSilva Gates Construction DMZ Builders Farwest Safety Ghilotti Bros., Inc. Golden State Bridge, Inc. Gonsalves & Santucci, Inc. dba The Conco Companies Gordon N. Ball, Inc. Granite Construction Company Graniterock Hoseley Corporation Innovate Concrete Interstate Concrete Pumping J&M Concrete Contractors Jensen Landscape Contractor, LLC Joseph J. Albanese, Inc. KRC Safety Co., Inc. Kiewit Infrastructure West Co.

Knife River Construction - Chico Knife River Construction - Stockton Landavazo Brothers, Inc. Live Oak Utility Infrastructure, LLC Marina Landscape, Inc. Martin Brothers Construction, Inc. McGuire and Hester Mountain Cascade, Inc. PC&N Construction, Inc. Pavement Coatings Pavement Recycling Systems, Inc. Poms Landscaping Power Engineering Construction Co. Preston Pipelines, Inc. Robert A. Bothman Construction Safety Striping Service, Inc. Sierra Traffic Markings Steve P. Rados, Inc. Stomper Company, Inc. Super Seal and Stripe Talus Construction Teichert, Inc. Terracon Constructors, Inc. Total Traffic Control, Inc. Toro Enterprises Traffic Management, Inc. Underground Construction Co. Veteran Pipelines Viking Construction Company WMA Landscape Construction, Inc. Western Traffic Supply JUNE 2021

LABOR

By UCON’s Labor & Member Services Team

Navigating Meal & Rest Period Mineﬁelds Meal and rest periods are an important component of your safety program, as employees need breaks to stay alert and to function well. A recent California Supreme Court decision [Donahue v. AMN Services, LLC] emphasized the serious potential liabilities to employers regarding timekeeping of meal periods. The two main takeaways from this court case are: 1. Rounding of meal periods is unlawful. 2. The onus is on the employer to ensure that employees take their full allotted time (30 minutes) for meal periods and document it. Now is a good time to review your meal and rest period policies and practices and make any needed changes to reduce your risks. Recommended Timekeeping Best Practices: • Do not round time at the beginning or end of shifts or meal periods. • Use a timekeeping system that allows employees to record their time during the day as it is happening, including in and out times for meal periods. While this may not be the norm in our industry, it is the best type of recordkeeping to protect your company from liability. • Consider providing a grace period on meal periods to allow suﬃcient time for checking in and out.

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•

If your company doesn’t already have a clear meal and rest period policy, connect with UCON or your attorney to create one as soon as possible.

Remember that in cases where the nature of the work prevents you from providing a required break, you need to pay and document payment of additional work time or a penalty, depending on the provisions of the applicable CBA. UCON’s updated Meal and Rest Period Guidelines provides more information and guidance, available to our members in the Contractor Resources Library. ◆

CONTRACT CORNER: 2021 Union Rate Allocations United Contractors has received wage and fringe benefit allocations from the unions for most of the 2021 Master Agreement increases. Notifications have been sent out to our contractor members in bulletins, and members can download the new rate sheets 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 2021 (for bidding purposes) are also available in the Contractor Resources Library. Please contact the UCON Labor & Member Services Department at memberinfo@unitedcontractors.org or (925) 855-7900 if you have any questions. ◆

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The Capitol

INSIDE

By Emily Cohen, UCON EVP, and Kiana Valentine, Politico Group, Executive Director of Transportation California

Historic State Budget Surplus is a Golden Opportunity to Invest in Transportation

United Contractors and Our Industry Coalition’s Effort to Capture $6 Billion in One-Time Funding for Backlogged Transportation Infrastructure Projects United Contractors and our broad coalition from Transportation California is advocating for additional funding in the 2021-22 State Budget for strategic transportation infrastructure investments that will greatly accelerate the achievements of the transportation sector in meeting the state’s climate goals, while also producing much needed and ongoing supplemental funds for key state of good repair strategies at the state and local levels. While the Governor’s May Revise includes positive, important investments into multimodal transportation programs and other infrastructure, much more can be done with the state’s one-time windfall of state and federal revenues. Transportation and other related infrastructure programs are prime candidates for onetime investments that will help create and sustain living-wage jobs and create positive ripple eﬀects throughout the entire economy as the state turns the corner on the COVID-19 pandemic.

The Governor’s May Revise Provides A Good Start to Transportation Investments

The Governor’s May Revision provides several investment opportunities that will aid the state in meeting its safety, mobility, housing, and climate related challenges from the transportation sector, including the proposed $1 billion for priority transit and rail projects, $500 million for regional planning and implementation grants to support inﬁll development and a reduction of vehicle miles traveled, and $500 million for grade separations and at-grade crossings. 12

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The Governor’s plan also proposes $500 million for an Active Transportation Program augmentation and signiﬁcant investments in zero-emission rail, buses, and trucks and related infrastructure. While we support these proposals, we continue to advocate for speciﬁc adjustments and additions to maximize the outcomes for California.

Capturing One-Time Funds for Backlogged Transportation Projects

Despite recent historic investments into our transportation infrastructure (SB 1 —the Road Repair and Accountability Act of 2017), cities and counties have a $6.4 billion annual funding shortfall, and the California Department of Transportation reports a shortfall of $6.1 billion annually just to maintain our existing system of highways, streets, roads, bridges, and other related critical infrastructure. The SB 1 competitive grant program that supports trade corridors and the eﬃcient movement of freight was oversubscribed by $300 million in the last funding cycle; the SB 1 competitive grant program that provides multimodal solutions for our most congested corridors was oversubscribed by more than $800 million; and the Highway Bridge Program currently has over 800 local bridge projects in the approximately 18-year program waiting for funding.

Photo courtesy O.C. Jones & Sons, Inc.

In short, the need is great, and in this once-ina-generation budget surplus, CA has a unique opportunity to make targeted transportation infrastructure investments in addition to those in the May Revise. We are asking the California Legislature and Governor Newsom to deliver the following additional funds to help deliver key projects across the state that will help us build a bright future for all Californians:

Trade Corridor Enhancement Program ($300 million)

The Trade Corridor Enhancement Program (TCEP) funds projects designed to move freight more eﬃciently on corridors with high volumes of freight. These projects increase the use of on-dock rail, improve safety by eliminating at-grade crossings, reduce impacts to surrounding communities, reduce border wait times, and increase rail capacity with double tracking. The last round of TCEP grants created nearly 80,000 jobs and, over a 20-year period, will increase throughput by over 70 million trucks; increase cargo by 65 million tons; and reduce emissions by nearly three million tons. A one-time investment of funds would fast-track TCEP projects that improve the movement of goods on key freight corridors, increasing economic activity and the creation of jobs, while also reducing congestion, improving air quality, and reducing GHGs.

Solutions for Congested Corridor Program ($300 million)

The Solutions for Congested Corridors Program (SCCP) provides funding to achieve a balanced set of transportation, environmental, and community access improvements to reduce congestion throughout the state. Eligible projects include improvements to state highways, local streets and roads, rail facilities, public transit facilities, bicycle and pedestrian facilities, and restoration or preservation work that protects critical local habitat or open space. Over the next 20 years, the last round of SCCP projects is projected to save 250-million-person hours of travel time, reduce approximately 64 million vehicle miles traveled, reduce approximately 3.5 million tons in GHG emissions, and create 27,000 jobs. A one-time investment of state funds will accelerate high-scoring projects that further

progress on the state’s congestion relief, air quality, and climate change goals.

Highway Bridge Program – Local System Component ($500 million)

Local governments are responsible for 12,105 bridges in California, 2,663 of which need rehabilitation or replacement. The Federal Highway Administration reports that California is not on target to meet its bridge related performance goals. Local bridge projects are expensive, take many years to fund, are funded in large part by federal transportation dollars, and require a costly local match. There are nearly $400 million in local bridge replacement and rehabilitation projects that could very quickly proceed to construction with additional funding, and the Highway Bridge Program could quickly identify additional projects for the remaining funds.

Highway Safety Improvement Program – Local System Component ($250 million)

The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose of achieving a signiﬁcant reduction in traﬃc fatalities and serious injuries on all public roads. In California, local HSIP grants directly support safety improvements for all roadway users, including pedestrians and bicyclists. The current local HSIP grant cycle received applications totaling $489.8 million, but funding was only available to make awards of $227.6 million in March 2021. A one-time state investment of $250 million would nearly fully fund these applications.

State and Local Climate Adaptation Program ($500 million) Caltrans recently conducted a vulnerability assessment for the state highway system to examine various expected impacts due to climate change. Regional transportation planning agencies, counties, and cities Continued on next page JUNE 2021

The Capitol

INSIDE

have also evaluated climate related risk within their own communities and identiﬁed billions of dollars’ worth of adaptation projects to protect communities, jobs, homes, and other critical assets. Building on the one-time adaptation grant program in SB 1, this program would support state and local transportation and other related infrastructure adaptation projects. Such an investment would be an optimal use of onetime funding to make our transportation network more resilient to the impacts of climate change.

Active Transportation Program ($1 billion)

The Active Transportation Program (ATP) has a nearly $2 billion backlog of projects that, when funded, will increase the use and safety of active modes of transportation, such as biking and walking. We

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propose augmenting the ATP with $1 billion in the 2021-22 State Budget ($500 million more than the May Revise). Since its inception in 2013, the ATP program has funded over 800 projects across the state; over 400 of these projects are Safe Routes to Schools projects; and more than 89% of funding beneﬁts disadvantaged communities. The CTC reports that just 11 percent of applications were funded in the latest cycle, leaving millions of dollars’ worth of high-quality, ready-to-go projects on the table. A one-time investment would advance pre-judged, already high-scoring ATP projects that are just waiting for funding.

Zero-Emission Vehicle Infrastructure ($1 billion)

The May Revise proposes signiﬁcant revenue to support the state’s transition to ZEVs with $1.4 billion General Fund to deploy 1,000 ZEV drayage trucks, transit buses, and school buses, respectively. While these investments help advance the transition to ZEVs, the 2021-22 State Budget should also invest more heavily in the charging and refueling infrastructure necessary to support these new technologies. A one-time investment of $1 billion for light-duty charging infrastructure and hydrogen refueling stations will make the ZEV budget more comprehensive. These investments are critical if the state is going to meet the Governor’s Executive Order N-79-20 goals, including that 100% of new light-duty vehicles sales in 2035 are ZEVs.

Infill Infrastructure Grant Program ($500 million)

While the May Revise does propose $250 million for the Infill Infrastructure Grant Program, its exclusive focus in on brownfield remediation. While these efforts are important for unlocking currently unusable land for much-needed infill housing development, the need for basic infrastructure improvements on existing infill sites remains significant. The Legislature can use its one-time resources to invest in a new brownfield focused infill program and fund the more traditional infill infrastructure needs that will provider quicker results in terms of getting housing built.

Climate Change/Transportation/Housing/ High-Roads Jobs Related Research ($10 million)

With a $10 million investment, the UC Institute for Transportation Studies (UC ITS) can support evidencebased policymaking through a three-year research and technical assistance program that addresses current policy-making information gaps as well as other strategic policy issues, including but not limited to: 1) public transit and shared mobility recovery and longterm resilience; 2) policies to accelerate the use of ZEVs; 3) integration of emerging transportation technologies and service models with California’s environmental, social, and economic policy priorities; and 4) policy trade-oﬀs and implications for sustaining high road jobs, supporting economic growth, and advancing social and racial equity while reducing GHG emissions from the transportation sector. These targeted investments will greatly accelerate the achievements of the transportation sector in meeting the state climate goals, while also producing much needed and ongoing supplemental funds for key state of good repair strategies at the state and local levels. This approach will also ensure that the Newsom Administration’s climate-based eﬀorts being brought to bear on the state’s current and future transportation revenues will have the best opportunity to successfully meet the reductions that the state expects for GHG emissions from the transportation sector. ◆

TAKE ACTION We encourage you to write to your State Assemblymember and State Senator to encourage their support of these additional funds to support transportation infrastructure across CA. Visit www.unitedcontractors.org/news/ make-your-voice-heard to learn more and take action. Learn more about our broad industry coalition to advance CA transportation projects and policy at TransportationCA.com

JUNE 2021

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

SAFETY

INDUSTRY’S #1 PRIORITY

y t e f a m S a . r L . g A . o E . r R rds p a w a s

United Contractors R.E.A.L. Safety Awards Program—Recognizing Excellence, Awareness, and Leadership in safety—is proud to announce our 2020 award winners.

The safety awards program has been developed to highlight the importance of safety in the industry, as well as honor some of the safest contractors in our association. The program is open to all UCON contractor companies. Winners were chosen within nine diﬀerent categories: man-hours worked in 2020,

C LEN L E EXC FETY G N I SA IZ N N I G P I O REC DERSH A most improved & LE

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

As contractors, we have countless responsibilities that we deal with daily. However, the one thing that remains a constant is the safety of our employees. Safety must always be at the forefront because it is what deﬁnes us. As a committee, contractors, UCON, and industry, we have demonstrated our commitment to safety by the way in which we dealt, and continue to deal, with the COVID-19 pandemic. Our commitment to the health and safety of employees during these times has established this committee and UCON as leaders of the industry. A leader stands tall when faced with adversity and challenges. A leader does not just aim to follow the road previously paved, but aims to pave a new road with higher expectations and standards. The UCON

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ENE R A E, AW

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incident rating, safety hero of the year, and most unique safety project. The winning organizations are shown on the following pages, where they share their safety philosophy and vision, and the employees who make it happen. Intro by Robert Sabin, McGuire and Hester, UCON Safety & Insurance Committee Chair

Safety and Insurance Committee aims to do just this. We aim to continuously raise the bar. I am proud to be a part of a committee that continues to strive for the best. I am also proud to be a part of McGuire and Hester who also pushes me to be the best. The contractors receiving these R.E.A.L. Safety Awards have demonstrated and established themselves as leaders through the challenging and unprecedented 2020 year. I know you are proud and stand tall as you have helped re-deﬁne and improve the future of our industry, especially as it relates to Safety. The UCON Safety and Insurance Committee will continue to lead the industry, and we honor and congratulate all of the UCON R.E.A.L Safety Awards Winners! ◆

Category: 500,000+ Man-Hours: Teichert, Inc. “We are honored and proud to receive the UCON Safety Award. Safety is more than a priority or goal at Teichert, Safety is a core company value. This core value on safety, is what drives our culture of care and concern for each individual employee. Rooted in our culture of care and concern is our commitment to send every employee home safe every day. This takes daily team work from our operation’s leadership, our safety professionals and every employee to ensure the work is performed safely each day. I am proud of our team’s dedication to sending each employee home safe every day. This award reﬂects their eﬀorts.” — A. Ed Herrnberger, President, Teichert Construction

Category: 250,001-500,000 Man-Hours: Anvil Builders “Anvil Builders has experienced many successes and tremendous growth the past few years, but the thing we have not lost sight of, is that our greatest asset is our people. Our #1 goal each and every day is to see that our employees return home to their families in good health and free of injury. Anvil’s safety department embraces the same core values that permeate all aspects of the company—Teamwork, Best in Class, Safety, Grit and Fun. With this United Contractors award, we see a culmination of the hard work and dedication that has become the Anvil way and has helped us endure the adversity and hardships of the last year, in particular.” — Tony Burnham, Safey Director, Anvil Builders JUNE 2021

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SAFETY

INDUSTRY’S #1 PRIORITY TEAM ZERO*

Category: 150,001-250,000 Man-Hours: JMH Engineering and Construction Inc. “Our safety mentality is simple: safety always comes first. It’s not a mentality or a motto, it’s simply what we do. It is not sacrificed for production, it is not treated as a task; we operate as a safety company who does civil construction. If we cannot do it safely we will not do it until we can. Zero incidents is not a goal or marker for us, it is the standard in which every member of our team is held to. We are ready when you need us and we get the job done safely! This is only accomplished when every member of our team values safety!” — Jeffrey Atwan, Vice President, Development JMH Engineering and Construction, Inc.

Category: 150,001-250,000 Man-Hours: Casey-Fogli Concrete Contractors, Inc.

TEAM ZERO*

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“At Casey-Fogli, we strive to always get the job done both eﬃciently and safely. We view safety as a partnership between operations and regulations, as neither can exist without the other. This partnership has allowed us to be a successful and competitive concrete company.” — Brandon Borger, Safety Manager, Casey-Fogli Concrete Contractors, Inc.

*“TEAM ZERO” recognizes those having a zero incident rate for the 2020 year.

Category: 75,001-150,000 Man-Hours: Team Ghilotti, Inc.

TEAM ZERO*

“Being safe is making sure everyone on the crew is safe. We tell our employees, ‘Don’t only look out for yourselves, also look out for your fellow crew members.’ If you see someone doing an unsafe act point it out. Before you start a task stop and think about the safest way to do the task.” — Joe Moreira, General Manager, Team Ghilotti, Inc.

TEAM ZERO*

Category: 75,001-150,000 Man-Hours: Walsh Group “The Walsh Construction Group’s Safety Culture is based on a foundation of Active Caring for each team member. Each project day is started with the desired outcome that all team members go home injury free. Team members are empowered to manage risk by planning our work, refusing to take short cuts, calling attention to problems and constantly learning to improve our process. Safe work practices are an underlying value that has led Walsh to set the path for consistent success.” — James E. Griﬃth, VNBRT Project HSE Manager, Walsh Group

Category: 75,001-150,000 Man-Hours: Western Water Constructors, Inc.

TEAM ZERO*

At Western Water, our safety philosophy is culture based. A healthy safety culture is one where all employees are empowered, encouraged, and required to be engaged in hazard analysis of every work task. Our goal is not only no accidents, but no near misses. When near misses do occur, we use these as teaching tools and we share them with all crews across our company. We continuously check in with our crewmembers to ensure their wellbeing and to encourage their commitment to safety. In addition to formal trainings, we provide safety refreshers on a variety of topics on a monthly basis.” — Matt Muntean, Director of Safety & Resources Western Water Constructors, Inc. JUNE 2021

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SAFETY

INDUSTRY’S #1 PRIORITY

TEAM ZERO*

Category: 25,001-75,000 Man-Hours: Andreini Bros., Inc. “Andreini’s safety record is due to our long term, hardworking, loyal and safety conscience employees. Our employees strive to create a safe environment for everyone to work in.” — Mario Andreini, President/Owner, Andreini Bros., Inc.

TEAM ZERO*

Category: 25,001-75,000 Man-Hours: Bay Line Cutting & Coring, Inc. “The soul of our company is our team, so we maximize our eﬀorts to provide our service to our customers in a way that will never compromise the safety and well-being of both our team and theirs. Our day-to-day operations will neither cut corners nor compromise our values to pursue anything less than excellence in safety and the complete satisfaction of our customers. Bay Line Cutting & Coring, Inc. is proud to be Team Zero!” — Daniel Arreguin, Business Manager, Bay Line Cutting & Coring, Inc. 20

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TEAM ZERO*

Category: 25,001-75,000 Man-Hours: Conco-West, Inc. “Obviously, 2020 was a challenging year for the construction industry and safety protocols during an ever ﬂuid environment of regulation. Changing regulation with regards to COVID-19 was exhausting, and thru it all our Team modiﬁed their duties to not only meet the challenges of the virus, but to keep our eye on the overall safety picture and maintain our projects with a Zero Incident and Injury. Conco West, Inc. employees continue to keep safety at the fore front of all project activities as demonstrated by our “2020 UCON Real Safety Award” and by the fact that our employees return safely home each day! Congratulations goes out to each and every Conco West, Inc. employee as they all insure our “Team Zero” approach continues on each and every project!” — Mike DeRousse, President, Conco-West, Inc.

TEAM ZERO*

Category: 25,001-75,000 Man-Hours: Dees Burke Engineering Constructors, LLC “The executive team for Dees Burke both came from backgrounds solidly rooted with a deep understanding and appreciation of the importance to have a safety culture, not a safety policy. It is critical that safety is treated as a core value, not a priority. We make each and every member of our team jointly accountable and responsible for taking care of their team mates and themselves, every day, all day.” — Bryn Burke, President, Dees Burke Engineering Constructors, LLC

“TEAM ZERO” recognizes those having a zero incident rate for the 2020 year.

ORANGE Color PMS 158C / M61 Y97 Process

GRAY Color PMS 445Coated 446Uncoated

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C21 M0 Y23 K75 Process

CONSTRUCTION

SAFETY

TEAM ZERO*

INDUSTRY’S #1 PRIORITY Category: 25,001-75,000 Man-Hours: E.E. Gilbert Construction, Inc.

“As we continue to move forward past these troubling times, Health & Safety has been, and always will be, of the utmost importance to us at EEGC. As COVID-19 caused an unsettling mindset within many of us, we pushed through to make sure that all our team and our clients were comfortable with the new guidelines and understood the new precautions we all had to take to make it home safely at the end of the day. Even as the guidelines changed, we here at EEGC went above and beyond to protect our team by not only giving them the proper tools needed to safely perform the work, but also provided all our team with the appropriate PPE to protect themselves and others. Our ﬁeld teams have done a tremendous job executing each project carefully, without putting anyone in harm’s way and doing their due diligence to be sure that all team members make it home safely.” — John Fagundes, President, E.E. Gilbert Construction, Inc.

TEAM ZERO*

Category: 25,001-75,000 Man-Hours: Hoseley Corporation

“At Hoseley Corporation, worker health and safety are a top priority. Safety responsibilities are part of every job description and all employees actively participate in task planning, training, meetings and communication. We applaud our team for achieving zero incidents during this past year.” — Rusty Hoseley, President, Hoseley Corporation 22

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*“TEAM ZERO” recognizes those having a zero incident rate for the 2020 year.

TEAM ZERO*

Category: 25,001-75,000 Man-Hours: Platinum Pipeline, Inc. “We are incredibly honored to be selected as a 2020 R.E.A.L. Safety Award recipient. This award is a direct reflection of who the entire Platinum Team is as a family. I am so proud that they can all celebrate this recognition of their daily devotion to their own safety and the safety of our entire Team. Training and constant communication of all things safety are key components of our safety program and culture. Platinum’s “See Something, Say Something” initiative has dramatically increased our effective communication. Every team member has a voice and is empowered to always speak up for safety!” — Manuel de Freitas, CEO, Platinum Pipeline, Inc.

TEAM ZERO*

Category: 25,001-75,000 Man-Hours: Talus Construction, Inc. “Talus Construction, like many of our trade partners, had to be quick to adapt to never-ending rule changes in working through the 2020 pandemic. Company COVID quizzes, jobsite COVID quizzes and even the COVID Cops were for the safety and protection of everyone. I am grateful to UCON for working the frontline of information needed for members. A shout out to OE3 and LIUNA for preparing COVID quizzes in English and Spanish. To Team Talus . . . you did it! NO COVID in our field forces!” — Sharon Alberts, President, Talus Construction, Inc.

Category: Up to 25,000 Man-Hours: Robert Burns Construction, Inc.

ROBT. BURNS

“We want our employees to care about General Engineering Contractor, Inc. safety, so we try 2501 N. Wigwam Drive to show them that it is our topStockton, priority as well. CA 95205 Phone (209) 943-6969 Whenever an employee notifies us about hazards, we Fax (209) 943-1718 act promptly to correctE-mail: the request@robertburnsconstruction.com issue. This goes for minor www.robertburnsconstruction.com safety problems, as well as larger, more dangerous ones. Our employees are among the business’ most valuable Robert Burns President Burns Vice being President are essential assets, so their safety, health,Mark and well to the success of the company.” — Mark Burns, Vice President, Robert Burns Construction, Inc.

TEAM ZERO*

JUNE 2021

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SAFETY

INDUSTRY’S #1 PRIORITY

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RENESS

, AWA LLENCE E C X E NIZING RECOG SHIP IN SAFETY R & LEADE

s r e n n i W 2020

Safety Hero of the Year:

Kevin Blaz, Marina Landscape, Inc.

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

“The overall incident rate at Marina Landscape has dropped dramatically since Kevin joined as our Northern California Safety Manager on December 15, 2019. Kevin’s ability to promote safety and encourage participation at all levels was fundamental to the success of our safety program in 2020, and our safety program has realized a measure of support and momentum never before experienced in the company’s history. All accomplished during the COVID-19 pandemic.” — Kevin J. Carlson, Operations Manager-Northern California “Our safety culture all starts with communication. Being able to communicate just how important each person is to the company while also being able to emphasize how existing within a positive safety culture helps productivity. It’s about communicating between upper management and the field, the needs of both, while finding a meaningful balance between the two so that with safety in the forefront, productivity follows in its best and most efficient form. A successful safety culture only exists within an organization that believes in safety and understands the benefits of it as a culture, instead of just a guideline. We are only successful when we try to understand each other and strive to fulfill the needs of both productivity and safety in one cohesive motion.” — Kevin Blaz, Northern California Safety Director, Marina Landscape, Inc.

Most Improved Safety Rating: Casey-Fogli Concrete Contractors, Inc.

“In early 2020, Casey-Fogli underwent a complete revision of its safety program and company culture. During this phase, we were able to pinpoint our shortfalls and respond to those by developing a now “award-winning” safety program that is supported by all employees of the company. We have seen remarkable improvements that are aﬀecting not only our safety record but cultural changes which positively impact our operations. We are incredibly proud of the achievements we have made and are honored to be awarded the Most Improved Safety Award, as it is truly an award won by all our employees.” — Brandon Borger, Safety Manager, Casey-Fogli Concrete Contractors, Inc. 24

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Most Unique Safety Project: Kiewit Infrastructure West Co.

“The Santa Anita Dam Spillway Modiﬁcation project was one of the most challenging projects undertaken by our team in this region—one that presented many safety, quality and overall execution risks that we needed to mitigate and overcome. Those challenges included limited physical access to the site, requiring much of the work to be executed manually, with work performed from ropes 200 feet in the air on a vertical dam face. There also were numerous complex temporary engineering systems where creative solutions needed to be implemented safely and eﬀectively. We also successfully managed a landslide on our existing access road—the only way we could get to the site. Through it all, our team planned and executed the work superbly and, most importantly, performed their roles with zero recordable safety incidents. Our company’s safety philosophy is simply that Nobody Gets Hurt. Our craft engagement and involvement is a major component. We take every opportunity to make safety personal, teach and coach, and keep our program simple by following our company fundamentals. We hold each other accountable and are continuously trying to improve. Our current BIG focus is to eliminate potential life-changing hazards in our work, including human equipment interface, working at heights and temporary structures, to name a few.” — Danny Mckie, Project Manager, Kiewit — Neil Gibson, Regional Safety Manager, Kiewit

Congratulations to all of UCON’s R.E.A.L. Safety Award Winners!

For more information on our Safety Solutions, and UCON’s engaged Safety Committee, see page 28, and Last Call, page 50, or visit: www.unitedcontractors.org/member-benefits/ safety-services.

JUNE 2021

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SAFETY

By Christoper Lee, UCON Safety Consultant

INDUSTRY’S #1 PRIORITY www.vaccinateconstruction.com

UCON SAFETY ALERTS: California Department of Public Health—COVID-19 Update for Fully Vaccinated Persons* The California Department of Public Health (CDPH) issued guidance, May 12, 2021, on “COVID-19 Public Health Recommendations for Fully Vaccinated Persons.” The issuance of this guidance followed the lead of the U.S. Centers for Disease Control (CDC) on the same subject. For purposes of this guidance, people are considered fully vaccinated for COVID-19: two weeks or more after they have received the second dose in a two-dose series (Pﬁzer-BioNTech or Moderna), or two weeks or more after they have received a single-dose vaccine (Johnson and Johnson). Key points from the CDPH guidance include: ■ Spend time with other fully vaccinated people, including indoors, without masks or physical distancing (outside a workplace setting), ■ Spend time with unvaccinated people from a single household who are at low risk for severe COVID-19 disease indoors without wearing masks or physical distancing ■ Refrain from wearing face coverings outdoors except when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings ■ Refrain from quarantining and testing following a known exposure if asymptomatic: • Following a known exposure at work, fully vaccinated workers do not need to quarantine if asymptomatic 26

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•

In the workplace, employers subject to the Cal/OSHA Prevention Emergency Temporary Standards (ETS) must ensure that employees are following the current ETS face covering and testing requirements.

The CDPH also recommended that fully vaccinated persons should continue to: ■ Take precautions in public including wearing a face covering indoors, and when attending crowded outdoor events as described above ■ Follow their guidance for gatherings when gathering with people who are not vaccinated, groups with both vaccinated and unvaccinated persons, and persons of unknown status. They recommend maintaining physical distancing and adherence to other prevention measures when visiting with unvaccinated people who are at increased risk for severe COVID-19 disease or who have an unvaccinated household member who is at increased risk for severe CIOVID-19 disease ■ Get tested if experiencing COVID-19 symptoms ■ If fully vaccinated workers test positive for COVID-19, that employer should follow the exclusion provisions of the Cal/OSHA COVID-19 Emergency Temporary Standards. ■ Follow CDC, local and state health department travel requirements and recommendations. * As of publication printing

Cal/OSHA Revised FAQs—COVID-19 Emergency Temporary Standards On May 5, 2021, Cal/OSHA revised its Frequently Asked Questions document related to its Emergency Temporary Standard (ETS). The ETS was revised in the following speciﬁc areas: Q: When must an employer exclude employees from work? A: Employers must exclude from work employees who are not fully vaccinated if they 1) are COVID-19 cases, or 2) have had COVID-19 exposure. Applying the Governor’s Executive Order (N-84-20) and the California Department of Public Health’s recent guidance on fully vaccinated persons, employers must also exclude fully vaccinated employees if they 1) are COVID-19 cases, or 2) have had a COVID-19 exposure and exhibit COVID-19 symptoms. However, employers do not need to exclude fully vaccinated employees who had a COVID-19 exposure who are asymptomatic. Q: What are the return-to-work criteria for an employee who is not fully vaccinated and exposed to a COVID-19 case? A: Applying the Governor’s Executive Order and the CDPH guidance, while a 14-day quarantine is recommended, an exposed employee who does not develop symptoms of COVID-19 may return to work after 10 days have passed since the date of last known exposure.

Concrete When You Need It!

Q: What are the quarantine requirements for a fully vaccinated employee exposed to a COVID-19 case? A: Again, applying the Governor’s Order and CDPH’s guidance on fully vaccinated persons, an exposed employee who does not develop symptoms of COVID-19, does not need to quarantine. Q: In a non-outbreak setting, what are employers required to do when they learn that one or more of their employees had a COVID-19 exposure at the workplace? A: Employers must exclude from the workplace employees who test positive for COVID-19, and exclude employees with COVID-19 exposure unless they are fully vaccinated and do not show any symptoms of COVID-19, and follow the requirements for preserving their pay and beneﬁts. Continued on next page

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

JUNE 2021

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SAFETY

INDUSTRY’S #1 PRIORITY Revisions to the Cal/OSHA Emergency Temporary Standard to be Considered The Emergency Temporary Standard is likely to be revised by the Cal/OSHA Standards Board (at its May 29, 2021 meeting). Revisions to the ETS may include: ■ Specifically, fully vaccinated employees working outside will be exempt from wearing a face covering if they do not exhibit any symptoms of COVID-19. ■ A July 31st sunset on physical distancing and engineering controls in some instances. ■ Exempting employees from the standard who “telework.” ■ Deleting the term “exposed workplace” and replacing it with “exposed group.” ■ Clarification as to what constitutes an acceptable face covering (a surgical mask, a medical procedure mask, or a voluntarily worn respirator) and excludes scarfs, ski masks, balaclavas, bandanas, turtlenecks, collars or a single layer of fabric. ■ Revises employers’ notification requirements when there is a workplace COVID-19 case. It requires that when the employer “knew or should have known” of a COVID-19 case within one business day, the employer must give written notice in a readily understandable form that people at the worksite might have been exposed.

Insurance & Surety Solutions Risk Management Insurance & SuretyTraining Solutions Risk, Safety & Claim Management Risk Management Training Subcontractor Audits & Compliance Risk, Safety & Insurance Claim Management OCIP/CCIP Program & Coverage Subcontractor Insurance Audits &Reviews Compliance Employee OCIP/CCIPBenefits Program & Coverage Reviews

Jim Untiedt, President 408.418.2743 Jim Untiedt, President 2033 Gateway Place, Suite 150 408.418.2743 San CA 95110 2033Jose Gateway Place, Suite 150 License #0G47886 San Jose CA 95110 California • Georgia • Illinois • Alabama License #0G47886

Employee Benefits

California • Georgia • Illinois • Alabama

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UCON’s COVID-19 Contractor Resource web page has served and supported over 20,000 industry professionals. Find tools and checklists, bulletins, safety and health information and more.

■ Adds an exemption for vaccinated employees to the exclusion provisions for COVID-19 cases and those who had close contact with them, as long as the vaccinated person did not have symptoms. ■ New return-to-work provisions allowing employees who have close contact to return to work after 10 days without symptoms. ■ Before July 31st, employers must evaluate the need for respiratory protection that meets Cal/ OSHA’s respiratory protection standard. Starting on July 31st, employers will be required to provide respirators for “voluntary use” for all employees working indoors who are not fully vaccinated. Starting 15 days after the eﬀective date of the revisions, employers will be required to provide respirators for voluntary use and “encourage the use of those respirators” for employees in a vehicle with at least one other person for at least 15 minutes. ◆

UCON SAFETY AND INSURANCE COMMITTEE—ADVANCING SAFETY UCON’s Safety and Insurance Committee meets approximately every six weeks currently via Zoom, until safe to meet in person. The committee is comprised of safety directors, vice-presidents of safety, and senior safety personnel from member companies with an average of 25-35 companies participating. This group of engaged UCON members monitor and advocate on Cal/OSHA issues. If you are interested in joining the committee, or have questions, contact Julie Hinge, (925) 967-2466, jhinge@unitedcontractors.org. ◆

VACCINATECONSTRUCTION.COM For Construction Industry COVID-19 Vaccine Resources

VaccinateConstruction.com provides trusted, reliable, science-based information and resources to help construction employers, unions and workers understand the COVID-19 vaccine.

CA is Relying on Us! Together, Let’s Roll Up Our Sleeves and Stop the Pandemic. A recent study found the construction workforce amongst the least likely to seek vaccination. With the new vaccine comes many new questions, and it’s easy for misinformation to spread quickly. We must empower our workforce with the right information about the COVID-19 vaccine. Informing and educating employees will help them make the best decision for themselves, their families, and the communities we work in every day.

The COVID-19 Vaccine is a safe and effective tool to stop the pandemic and protect workers and jobsites.

JUNE 2021

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SAFETY

By Jim Untiedt, CPCU, ARM, CRIS, President, Pentarisk Insurance Services, LLC

INDUSTRY’S #1 PRIORITY Safety is a Team Effort. Period. A Checklist for Success

Your good reputation, Low Workers’ compensation costs, and better than average Experience Modiﬁcation Rate are key to a great safety record and to winning new bids. Our experience has shown that it takes a total team eﬀort from internal and external champions to be best in class. Here is a checklist of ideas from our insurance, risk management, claims and safety experts to help you succeed:

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CONTRACTORS’ HR DEPARTMENT/ PAYROLL

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❑ Oﬀer best in class health care insurance to

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employees to reduce workers’ compensation premiums and grant the employees coverage for “Weekend Warrior” injuries. Offer supplemental, voluntary benefits such as individual disability, cancer, hospital, AD&D plans to employees. For $100 a month an employee can purchase protection individually to help fund the cost of non-work-related injuries (so they do not become possible work injuries). Exercise medical control and use the Medical Provider Network offered by your workers’ compensation insurer for all work-related claims. The discounts provided by MPN doctors will significantly reduce your costs. Use pre-employment background checks, drug tests and post-offer physicals to weed out employees that will not fit your safety culture. Check references where applicable. Establish mandatory safety orientation program for all new employees. Include meetings with HR, Safety and Management to reinforce your safety culture and expectations. Some contractors have

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used, with success, in-house videos of owners and employees discussing and demonstrating their way of working safely. Have job descriptions for each category of work to assist physicians in evaluating work restrictions and return-to-work options. Make sure employees are properly classified. There are over 60 different workers’ compensation codes that might apply. Also invoke strict rules on how timecards must be noted. It is important to make sure you stay current with employees as they change jobs within the firm. Implement a modified duty program. This program can be done in stages to assess employees’ interest in returning to work. First two weeks in the office or shop, and the next two weeks in a modified duty role. Consider non-profit placements for employees that can’t continue to do their job on a modified basis. Maintain records. Your personnel files can be of great assistance to your carrier in dealing with some cases. Information about an employee’s job description, wages, previous work history, recreational activities, any current work problems, and previous injuries is essential when fighting disputed claims. Be part of the post-accident/injury investigation. Communicate regularly with your employees. Show them you care about their wellbeing. If an employee sustains an injury, stay in touch throughout the recuperation period. Advocate

on behalf of your employee to the insurance company, so that they don’t hire a lawyer to do so.

RISK MANAGEMENT/SAFETY/ HR DEPARTMENT DISPATCH ❑ Establish a ﬁrst aid protocol for minor

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injuries. Have the medical clinic send you the bills for ﬁrst aid treatment. ❑ Establish a relationship with a medical clinic that specializes in routine claims, drug testing, and pre/postemployment physicals. Make sure the treating Doctor is aware of your Return-to-Work program. Ask your insurance agent if they can provide you with referrals to good clinics. Make sure new employees are trained on your safety standards and culture before they go to work. Use the 72-hour rule to verify that they are

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a good fit culturally and safety-wise for your firm. Give your field foreman the right to veto a crew member if they do not fit in. Before dispatching new employees to work, make sure that they are a good fit for the task at hand. Do they have the strength, mindset and skills to perform the work?

SAFETY/FIELD SUPERVISION ❑ Make sure all employees use your supplied safety

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gear. Advertise your company’s name on the gear rather than others. This ensures equipment in use meets your requirements. It also tells employees that they are part of your company. Make safety performance part of the bonus and pay raise structure. It is not uncommon to see safety contribute up to 25%+ of incentives for ﬁled supervision. Conversely, consider billing the cost of claims to the job to promote safety from foreman and superintendents. Continued on next page

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SAFETY

INDUSTRY’S #1 PRIORITY ❑ Start each job with a daily safety huddle and plan,

including daily stretch and ﬂex, and keep focused on excellent housekeeping to keep morale high. Encourage reporting of near miss accidents as part of the weekly tailgate meetings and lessons learned from these situations and how to prevent them in the future. Avoid punitive action for reporting of near misses.

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OWNERS/CHIEF OPERATING OFFICERS/ ❑ ESTIMATORS ❑ Bid the cost of safety equipment and safe practices ❑

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into the job. Use a Safety Dashboard to benchmark your safety record, Incident and DART rates and your EMR measured against your competitors. What gets measured by the boss translates to the ﬁeld. Be sure employees understand why these matters. Be active in safety meetings and accident investigations. Experience has shown that when owners are involved, you get the best results. Make sure reporting of incidents and claims is the best practice for everyone. Don’t allow your safety rules to be bent! They must apply equally to everyone to ensure that they are followed and embraced by your employees. Give your safety and risk management leaders the authority to cite any employee and to stop work if needed. Visit jobsites to give feedback on employees’ performance and safety record. Reward and celebrate with employees for a safe job done!

INSURANCE BROKERS ❑ Introduce the key players in workers’

compensation to the client. Insurance claims adjusters, claims managers and ﬁeld safety experts

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need a direct relationship with the client to get the best results. Encourage a team effort using Zoom or in person meetings to establish an effective teamwork. Request special claims handling instructions to ensure claims are handled within the guidelines established for your client. Update the Insurance Company with key Employer personnel changes related to WC handling and HR. Provide claims advocacy, education and review services to ensure the right game plan is in place for each claim. Appropriately monitor the insurer’s file until each claim is closed. Make recommendations on safety or process improvements to help lower costs. Work with your client to develop a safety plan or objectives that should be accomplished in that year. Analyze what type and location most of your preventable claims are occurring and develop a corrective action plan. Use your in-depth knowledge of the clients’ operations and safety culture to negotiate additional premium credits at renewal time.

INSURERS ❑ Meet you client at a kick-oﬀ meeting to get

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acquainted and to ensure that you are on the same page for claim handling expectations. What are your company’s best practices and expectations of the employer. Be ﬂexible to hire and use the best attorneys for litigated claims. Investigate fraudulent claims and questionable claims as soon as possible. ◆

Jim Untiedt CPCU, ARM, CRIS is the Acrisure Insurance Construction Practice leader and the President of Pentarisk Insurance Services. He has been a member of UCON since 1994 and can be reached at, juntiedt@pentarisk.com, or by phone at (510) 928-1809.

Over 1 million hours worked without a lost-time incident.

JUNE 2021

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SAFETY

By Jamie Mantzouranis, Senior Loss Control Consultant, Alliant Insurance Services, Inc.

INDUSTRY’S #1 PRIORITY Pre-Task Planning: Craft Engagement Will Create Craft Involvement Okay, how many of you think that job-site safety consists of an old-time tradesman telling you to be careful, a can-do spirit relying on your vast ﬁeld experience, and a WHOLE lot of luck? Better than that, how about the age-old stigma that safety professional are “police” who are only out to tell you what you are doing wrong. Unfortunately, there are still some who establish this as the benchmark for a safety program. Ultimately, this is nothing more than a recipe for eventual disaster because luck does run out. The secret sauce to a successful safety program starts with “craft engagement,” allowing a supervisor to learn what the crew does not know, and provides the opportunity to educate them on the safety needs of the task. The current crop of safety professionals are as well versed in the theory and practice of safe construction procedures as they are in the best

San Francisco’s General Contractor of Choice (415)404-8997 • ESTIMATING@HOSELEY.COM 34

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practices of the trade’s jobs and schools from which they came. They have studied safety principles; obtained the training and certifications to become the go-to experts when dealing with governmentally controlled activities and substances. They have exposures to many different job-site situations and have successfully overcome the obstacles presented. Many have created and retained pre-task planning checklists for specific activities to insure safety and compliance. Sadly, if all the boxes are checked on those lists, everything is considered safe and importantly, provides documentation for any OSHA inquiry. Safety practices continue to evolve due to mandates or better understanding of the on-site exposures. As part of this evolution, a “Safety Program” must become a “Safety Partnership,” engaging the artisans performing the work. After all, they are the ones who may eventually become injured! While the safety professional may oversee the jobsite, they are not nearly as aware of the exposures and obstacles that confront the completion of a task as are the people performing the tasks. Often, the crew completing the operation is unaware of each of the steps involved in the performance of the task, let alone why each of those steps is important. How can that crew be expected to perform each task if they are not aware of the steps that should be taken?

Such a Safety Partnership fosters: 1. An understanding of all crew members about what is to be done and how it is to be done. 2. Opportunity for questions to be asked and concerns raised due to the crew’s familiarity with the site’s uniqueness. 3. Identification of required tools or expertise for the job as well as who has the needed skills. Additionally, training needs are identiﬁed and can be address for employee development. 4. Elimination of excuses from the crew such as the familiar “no one told me/us” which is often heard after an incident occurs. 5. A sense of ownership in the task to be completed by the crew as they had a hand in the planning. This also eliminates the “blame game” which occurs with something goes wrong. 6. Open dialogue between the work crews, supervisors and the organization of the process and opportunities for improvement from the ones doing the job.

7. Job satisfaction from completing a task that the crew had a hand in designing Certainly, pre-task checklists will still need to be signed oﬀ by the supervisor. However, this partnership will create a far greater sense of security that the tasks are completed safely after the consultation and discussion with the crews performing them. As our society evolves, and with newer generations coming into the trades, transitioning to a Safety Partnership will keep your organization at the forefront of current safety trends. Ultimately, craft engagement will create craft ownership and that will better support the expectations of your organization. ◆ Jamie Mantzouranis is a Senior Loss Control Consultant with Alliant Insurance Services, Inc., Construction Services Group. If you ﬁnd this topic is interesting, or would like to expand on the topics discussed, please reach out to Jamie directly at jamie.mantzouranis@alliant.com. A UCON member since 2016, visit www.alliant.com. CA Lic. #569352

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JUNE 2021

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

SAFETY

By Cari Elofson-Callahan, Assistant Director, OSHA Training Institute Education Center at Chabot-Las Positas CCD

INDUSTRY’S #1 PRIORITY UCON QUARTER PAGE SIZE: 3.625” x 4.75” JUNE 2021 ISSUE ART DUE: 5-3-21

Photo courtesy Platinum Pipeline, Inc.

OSHA Makes Reducing Trenching & Excavation Hazards a Priority Trenching and excavation are widely recognized as among the most hazardous construction operations, resulting in an average of two deaths per month and hundreds of injuries each year due to trench collapses. Cave-ins pose the greatest risk and are much more likely than other excavation-related accidents to result in worker fatalities. One cubic yard of soil can weigh as much as a car. Other potential hazards associated with trenching and excavation include falls, falling loads, hazardous atmospheres and incidents involving mobile equipment.

Still Growing Jose Luis Gutierrez 29 years with Marina

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To help reduce worker fatalities and serious injuries, OSHA has made reducing trenching and excavation hazards in construction a priority goal. The agency has focused on construction-related trenching and excavation hazards by developing specific safety standards for the construction industry, making the requirements easier to understand and providing construction employers with various options for classifying soil and selecting employee protection methods. The Trenching and Excavation section of OSHA’s website (https://www.osha.gov/trenching-excavation) offers a variety of resources for the construction industry, including publications, fact sheets, videos, tools and tips, to help raise awareness and support companies in their efforts to keep workers safe around trenching and excavation operations.

Key Elements of Safe Trenching & Excavation OSHA has highlighted key elements of its trenching and excavation standards that employers should focus on, including:

Trench Safety Measures: Trenches 5 feet deep or greater require a protective system unless the excavation is made entirely of stable rock. Trenches 20 feet deep or greater require that the protective system be designed by a registered professional engineer or be based on tabulated data prepared and/or approved by a registered professional engineer. Competent Person: OSHA standards require, before any worker entry, that employers have a competent person inspect trenches daily and as conditions change to ensure elimination of excavation hazards. A competent person is an individual who can identify existing and predictable hazards or working conditions that are unsafe, unsanitary or dangerous to workers. The competent person should also be able to classify soil types and select the appropriate protective systems and must be authorized to take prompt corrective measures to eliminate hazards and unsafe conditions.

Access and Egress: Key requirements include keeping heavy equipment away from trench edges and inspecting trenches at the start of each shift and following a rainstorm or other water intrusion to ensure safe access and egress by workers. Protective Systems: Choosing a protective system that is appropriate to the operation based on soil classiﬁcation, depth of cut and other factors is critical to worker safety. Types of protective systems include: • Benching—excavating the sides of a dig to form one or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces between levels. • Sloping—cutting back the trench wall at an angle inclined away from the excavation. • Shoring—installing aluminum hydraulic or other types of supports to prevent soil movement and cave-ins. • Shielding—using trench boxes or other types of supports to prevent soil cave-ins.

Continued on next page

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

Jon P. Preciado Southern California District Council of Laborers (626) 350-6900 www.scdcl.org

JUNE 2021

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

SAFETY

INDUSTRY’S #1 PRIORITY Join the 2021 Trench Safety Stand Down OSHA is helping to promote the annual Trench Safety Stand Down sponsored by the National Utility Contractors Association (NUCA, nuca.com/tssd), which takes place the week of June 14-18, 2021. The Trench Safety Stand Down provides employers the opportunity to talk directly to employees and others about trenching and excavation hazards and reinforce the importance of using trench protective systems to eliminate hazards and keep workers safe. The ﬁrst Trench Safety Stand Down was held in 2016, with OSHA joining as a partner the next year. The goal of the event is to reach out to the many workers who work in and around trenches and excavations to provide

information about current excavation requirements and safety procedures for working in trenches. By reaching as many workers as possible we can reduce the number of fatalities and serious injuries that occur each year in our industry, and make others, such as municipal and industry workers who are also exposed, aware of these serious hazards. Companies can conduct a Trench Safety Stand Down by taking a break during the workday to offer a toolbox talk or other safety activity to draw attention to specific hazards related to working in and around trenches and excavations. OSHA has determined over its many years of promoting and enforcing workplace safety and health that the key to significantly reducing the risks associated with trenching and excavations as well as many other worksite operations is raising awareness through employee training and participation in events that reinforce the importance of hazard recognition and prevention. We strongly encourage you to use the resources offered by OSHA, and other safety organizations to develop safety and health programs and provide training to help ensure that workers are protected from trenching and all worksite hazards. ◆ Cari Elofson-Callahan is the Assistant Director of the OSHA Training Institute Education Center at Chabot-Las Positas Community College District. The Center is authorized by OSHA to deliver training and has been conducting OSHA’s courses since 2008. The Center is one of UCON’s Partners in Education, and a UCON member since 2010. The recommendations in this article are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.

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Live Online Instructor-led Safety Training Classes Now Offering Classes in English & Bilingual Spanish • For 40 years, TSU’s credentialed classroom training has helped keep over 30,000 team members safe in the trenches, offering Competent Person and Confined Space Training that meet all OSHA requirements • TSU’s NEW Online Training safely delivers all the key benefits of live classroom training, including: - Personal interaction - Real-time retention testing - Documented proof of attendance

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Professional Development June 2021 MAKE TALENT DEVELOPMENT A PRIORITY Invest in your people, and encourage your teams to learn and grow. Did you know that 74% of employees think they have a lot of untapped potential and want more training (Leftronic)?

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Take advantage of UCON’S Professional Development Programs: • 45+ classes: Leadership, Continuing Education, and Industry Specific courses to give your team the advantage • FREE TO MEMBERS IN 2021 • Inspiring Leadership Speaker Series rated 4.8/5 (in 2020) • Over 1,500 individuals from over 130 companies have registered already–don’t miss out on this opportunity!

June Leadership and Industry-Specific classes are highlighted. Stay on top of additional classes and seminars aded throughout the year.

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

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INDUSTRY-SPECIFIC SERIES:

JUNE 17

JUNE 1

Thursday, June 17; 2:30pm-4:30pm Instructor: Luke Matelan, FMI Class Style: Webinar | Class Limit: Unlimited

Tuesday, June 1; 1:00pm-2:00pm Instructor: Dave Helge, Idealease Class Style: Webinar | Class Limit: Unlimited

Project Manager to Business Manager: Session 1 (of 3)*

Session 1: Productivity in Construction • The key differences between production and productivity • How productivity relates to profitability • How improving productivity can boost both project and company profitability Session I of this series will help you understand the opportunity that improving productivity presents at both the project and enterprise levels.

JUNE 24

Project Manager to Business Manager: Session 2 (of 3)* Thursday, June 24; 2:30pm-4:30pm Instructor: Luke Matelan, FMI Class Style: Webinar | Class Limit: Unlimited

Session 2: Change Order Resolution Strategies • Reasons why change orders exist and the common challenges associated with change orders • Resolving change orders before they become claims • Effective strategies for negotiating change orders Session 2 focuses on approaches to resolve change orders and create a “win/win” scenario for the client and your company. Who Should Attend: Foremen, Superintendents, Project Engineers, Assistant Project Managers, PMs, SPMs, PXs, Division/Branch Managers, Executive Level. *NOTE: Session 3—Thursday, July 1; when you sign up for Session 1, you are automatically registered for the full series (all 3 sessions).

New Hours of Service Regulation Changes and the ELD

This course will review the new Federal Motor Carrier Safety Administration (FMCSA) Hours of Service changes that went into effect on September 29, 2020. Who Should Attend: Managers of drivers who operate commercial motor vehicles.

JUNE 8

How the Drug and Alcohol Testing Regulations Apply to You a Motor Carrier Tuesday, June 8; 1:00pm-2:00pm Instructor: Dave Helge, Idealease Class Style: Webinar | Class Limit: Unlimited This course will review the Federal Motor Carrier Safety Administration drug and alcohol testing regulations that apply to drivers with a CDL. Who Should Attend: Managers of drivers who operate commercial motor vehicles.

JUNE 15

Developing a Proactive Safety and Loss Control Program Tuesday, June 15; 1:00pm-2:00pm Instructor: Dave Helge, Idealease Class Style: Webinar | Class Limit: Unlimited

In this course, you will learn what the top 10% of motor carriers are doing to operate safely while reducing their losses and exposure. Who Should Attend: Managers of drivers who operate commercial motor vehicles.

UNITEDCONTRACTORS.ORG/CALENDAR See UCON’s full class schedule for 2021, and register to attend!

JUNE 2021

Thank You to UCON’s 2021 Annual Sponsors

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

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

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Leadership Speaker Series 2021

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

Registration is now open! Visit unitedcontractors.org/calendar UCON’s Inspiring Leadership Speaker Series, Rated 4.8/5* is a FREE benefit to the industry. See the enclosed flyer for more information on all the upcoming speakers. *Rating from the 2020 Series 44 W W W . U N I T E D C O N T R A C T O R S . O R G

The Power of ONE: How One Attitude, One Action and One Person Can Change the World Speaker: John O’Leary, Burn Victim Survivor

WEDNESDAY, JUNE 16; 2:30pm-3:30pm Expected to die, John O’Leary now teaches others how to truly live. In 1987, John was a curious nine-year-old boy. Playing with fire and gasoline, he created a massive explosion in his garage and was burned on 100% of his body. Given less than 1% chance of survival, John is proof of the power of the human spirit. Be inspired for lessons of life and taking action for yourself. ______________________________________________________________

UPCOMING...

Mastering the Art of Feedback

Speaker: Julie Zhuo, Former VP of Product Design, Facebook WEDNESDAY, JULY 21; 2:30pm-3:30pm

From Battlefield to Boardroom

Speaker: Lieutenant General Ronald L. Bailey, USMC; First African American to Command the 1st Marine Division WEDNESDAY, AUGUST 18; 2:30pm-3:30pm

Countdown to Teamwork: Guarding Against a “Normalization of Deviance” Speaker: Mike Mullane, Astronaut

WEDNESDAY, SEPTEMBER 15; 2:30pm-3:30pm

Redefine Impossible

Speaker: James Lawrence (The Iron Cowboy) WEDNESDAY, NOVEMBER 10; 2:30pm-3:30pm

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JUNE 2021

UP UCON EVENTS ARE BACK!! (AND WE CAN’T WAIT TO SEE YOU!)

It’s been a long 15 months. We’ve sheltered in place. We’ve kept 6 feet apart. We’ve Zoomed (a lot!) Together, we met the challenges of working through a global pandemic. Now, with the pandemic safely behind us… It’s time to party! Save the dates for these upcoming IN PERSON Events!

UCON Events Return (In Person!!) SAVE THE DATES: UCON 2021 BBQ

Thursday, August 5, 2021 Location: Alameda County Fairgrounds

Sal Rubino Golf Classic

Friday, September 24, 2021 Location: Bayonet & Black Horse Golf Course, Seaside

UCON 2022 Crab Feed

Thursday, February 17, 2022 Location: San Ramon Marriott, San Ramon

UCON Scholarship ThrowDown for Education Cornhole Tournament Thursday, May 5, 2022 Location: Wente Vineyards

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Lisa Hu Chen

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844 235 7778 www.brightview.com

Landscape Development JUNE 2021

Photo: W.R. Forde Associates

UCON JUNE 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 June:

46 YEARS – 1975

23 YEARS – 1998

44 YEARS – 1977

Tennyson Electric, Inc. Matt Tennyson

Associate Member: ICONIX Waterworks, Inc. Michael Potter Associate Member: Forterra Luis Santana

40 YEARS – 1981

Associate Member: CliftonLarsonAllen LLP Mary Short

33 YEARS – 1988 Contractor Member: Knife River Construction - Chico Rene Vercruyssen

Associate Member: Johnston, Gremaux & Rossi, LLP Ed Lampe

27 YEARS – 1994

Contractor Member: DeSilva Gates Construction Rich Gates

24 YEARS – 1997 Contractor Members: AJW Construction Alfonso Quintor

Contractor Members: Bay Pacific Pipelines Eugene Carew

21 YEARS – 2000 Contractor Members: Lorang Brothers Construction, Inc. Michael Lorang

10 YEARS – 2011

4 YEARS – 2017

Whiteside Concrete Construction Corporation David Whiteside

Liberty Contractors, Inc. Joe Capriola

Contractor Members: W. R. Forde Associates Inc. Candace Clapp

Associate Member: ICC Equipment & Rentals Greg Aguilera

9 YEARS – 2012

Martin Brothers Construction, Inc. Felipe Martin

Associate Member: Summit Financial Group, LLC Don Ledoux

16 YEARS – 2005

8 YEARS – 2013

Contractor Members: Carone and Company, Inc. Lloyd Carone

Contractor Members: Brosamer & Wall, Inc. Charles Wall

Half Moon Bay Grading & Paving, Inc. Cynthia Giovannoni

JCC, Inc. Craig Johnson

15 YEARS – 2006

Contractor Member: MJG Inc. dba MJG Constructors Inc. Allen Wilson

Contractor Member: Bentancourt Bros. Construction, Inc. Jeﬀ Bentancourt

14 YEARS – 2007

Chrisp Company Robert Chrisp

Contractor Members: R.A. Nemetz Construction Co. Rob Nemetz

Associate Member: Liberty Mutual Surety Lisa Merlin

Schembri Construction Company, Inc. Charles Schembri

13 YEARS – 2008

Contractor Member: Platinum Pipeline, Inc. Manuel de Freitas

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7 YEARS – 2014

6 YEARS – 2015

Contractor Members: Dutch Contracting, Inc. Nicholas Zwetsloot Pacific Infrastructure Construction LLC Jay Zoellner

5 YEARS – 2016

Associate Members: Nixon-Egli Equipment Co. Vern Gunderson

Contractor Members: Champion Contractors Peter Knuth

Shimmick/Danny’s Joint Venture Wendy Bonnell

2 YEARS – 2019

Contractor Members: American Civil Constructors LLC Nicole McCraven Minerva-Graniterock JV Shirley Ow Teichert Solar Tom Griﬃth

1 YEAR – 2020

Contractor Members: Garrison Demolition and Engineering Inc. Kris Huﬀ International Line Builders dba ILB Electric William Davenport M.A. McClish Excavating, Inc. Michael McClish OHL USA, Inc. dba Group OHL North America Tony Bagheri Pavement Coatings Co. Doug Ford RK Engineering Inc. Thomas Carroll

Smith Currie & Hancock, LLP Associate Member: CPM Logistics Arpi Alajaji Abbigail Brown

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JUNE 2021

TIPS FOR

WORKPLACE

1 2 3 4 5 6 7 8 9 10

UCON’S SAFETY SOLUTIONS —A MEMBER BENEFIT UCON offers free safety solutions and regulatory compliance assistance to our members. We actively represent your interests and can help navigate through compliance issues and safety requirements. Some key services are:

Cal/OSHA Citations:

UCON can assist with interpreting and analyzing Cal/OSHA citations, as well as arrange and help you prepare for Cal/OSHA informal conferences where citations may be discussed, analyzed or mitigated.

Safety Regulation Update:

UCON provides updates on ongoing and emerging issues from Cal/OSHA, federal OSHA and state agencies.

Crisis Management:

UCON is available to assist our members in work-related crisis, such as situations where contractors encounter catastrophic job site incidents, including serious injuries and fatalities.

SAFETY Safety is everyone’s responsibility. Anyone can stop work at anytime for a safety concern. Always wear your PPE. Practice good housekeeping (“jobsite keeping”). Inspect all tools and equipment; make sure that all guards/safety devices are working. If you are not trained, don’t do it. Use the right tool or equipment for the job, and understand the hazards associated with the task. Before starting work, check your work area for unsafe conditions, and at the end of the day be sure the area is safe and secure. Know the location of all required safety items: First-Aid Kit, Fire Extinguisher, SDS Sheets, Evacuation Plan, and more. Be mindful of your professional responsibility. Ask questions and don’t take shortcuts. All accidents are preventable.

Safety Products:

UCON SAFETY PRODUCTS— FREE TO UCON MEMBERS!

Safety Advisor:

UCON’s members-only Contractor Resources Library is all NEW and features intuitive filtering to find what you need, including safety products:

Many of UCON’s safety products are FREE to members (see at right), and are easily found in our Contractor Resources Library.

For many safety related questions and concerns, members can contact UCON directly for assistance. Call UCON at (925) 855-7900, or visit unitedcontractors.org.

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• • • •

Safety Handbook (revised) Field Accident and Investigations kit Traffic Control Guide Competent Person Field Guide (English/Spanish) Thank you to Robert Sabin, of Harbor Linx, Inc., and Chairperson of UCON’s Safety & Insurance Committee for his edits on the Safety Tips.

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