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Celebrating our 66th Anniversary / 1954 - 2019 (707) 542-9502 / Santa Rosa, California Project Update Plus & Electronic Plan Room: www.ncbeonline.com
BUILDING NEWS
North Coast Builders Exchange
Monday, April 27, 2020 Vol. 66 #17
Online resources & webinars ...2
Capitol Connection ............... 3
Pre-construction checklist ..... 5
DIY Green home projects ..... 6
Small businesses in the era of COVID-19: Survival, bankruptcy, and restructuring .................. 7
Federal funds help Sonoma County airport move up $30M terminal-expansion project ..11
CSLB launches new online license/registration renewal options ...................................14
OSHA Updates enforcement guidance for COVID-19 ....... 15
Will your employees be whistleblowers during COVID-19? .......................... 18
Classified ads ..................... 20
Advertising rates ................. 21
Plan Room .................. 23 – 46
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A revised “Shelter in Place” Order is coming this week: Find out what it will mean to the construction industry
Sonoma County members of NCBE – you are being invited to a special “Construction/Trades Webinar” by Sheba Person-Whitley, the Executive Director of the Sonoma County Economic Development Board.
The Zoom Webinar is designed to provide answers to construction industry questions and concerns regarding the current “Shelter in Place” Order by the County Health Officer that went into effect in mid-March and to learn what revisions are being made to it this week.
In addition to Ms. Person-Whitley, speakers will include Health Officer Dr. Sundari Mase and County Counsel Bruce Goldstein. Following remarks by each, a question-and-answer session will be held as time allows.
Here are the details:
TIME: 11 a.m. to Noon DATE: Friday, May 1st COST: None
NCBE members and others in construction can register for the event by sending an e-mail to [email protected]. You will be sent the call-in detailed information for the Zoom meeting by return e-mail. Space is limited, so contact them soon if you’re interested in participating.
Lake County members – an update on your SIP Order:Thanks to our friends at the Lake County Chamber of Commerce, we’ve learned that
some of that county’s COVID-19 “Shelter in Place” restrictions have been loosened. The goal appears to be to enable additional opportunities for some individuals and
businesses to resume relatively low-risk activities while still observing the important social distancing requirements.
CLICK HERE to see the announcement.(Note to our members in Lake, Mendocino & Napa Counties: when you hear of breaking
news concerning the “Shelter in Place” Orders where you live or work, please send the information to [email protected] so that we can share it with other members.)
NCBE’s offices are closed, but services are still availableAs we mentioned in last week’s issue of Building News, NCBE is following the
“Shelter in Place” Order in Sonoma County – as we urge all of our members to do in their own county – and our offices on Apollo Way are closed. That means no in-person committee meetings, no seminars or workshops, and no visitors.
But our Online Planroom Service, Health Benefits Programs, Workers’ Comp Program, Scholarship Program, and other internal activities are still functioning. Also, our Board of Directors will be meeting via Zoom on Monday, April 27th in the afternoon and if you have any matters you would like brought before them, send an e-mail to [email protected].
Local Health Office Links
Sonoma County Health
Mendocino County Health
Napa County Health
Lake County Health
Page 2 April 27, 2020 NCBE Building News
2019-20 NCBE Board of Directors
President DOUG HAMILTON Oak Grove Construction Company, Inc.
1st Vice President CRAIG LAWSON CAL Custom Building Services, Inc.
2nd Vice President MIKE BEHLER Behler Construction Company
Secretary/Treasurer ROBERT CANTU Western Builders
Past President KEN KREISCHER Western Water Constructors, Inc.
DirectorsMICHELLE BOOM LeDuc & Dexter, Inc.
TOM BOYLAN Boylan Point Agency
MATT ENDRISS Central Valley Building Supply
DAN GALVIN Shapiro, Galvin, Shapiro & Moran
CLAY GREEN CATS 4 U, Inc.
DAVID HILLMER Empire Contracting, Inc.
RODY JONAS Pure Power Solutions
LARRY RICHMOND Richmond Construction
JEFF SCOTT Mead Clark Lumber Company
TONY SIMMONS Nordby Construction
REBECCA URIBE Rock & Sons, Inc.
BILL WILLIAMS Tradesman International
BRETT WILMES Soiland Company
PAUL YEOMANS Exchange Bank
ERIC ZIEDRICH Healdsburg Lumber Company
Certified Green Building Professional Training Online | Tuesday, April 28th – May 1st / 8 a.m. – 12 p.m. PT
This 16-hour course introduces the main principles of green building and the systems approach to the design, construction and operation of buildings. It provides an understanding of energy efficiency, resource conservation, water conservation, and indoor air quality, and how to effectively convey the importance of these principles and market your business to homeowners. CLICK HERE to Register
Certified GreenPoint Rated Advisor Webinar - FREE Online | Friday, May 1st / 1 – 3 p.m. PT
GreenPoint Rated Advisors are sustainability consultants who provide recommendations on green products & services, guidance on how to obtain a green label for their home, and connect them with certified GreenPoint Raters. This two-hour webinar prepares prospective sustainability consultants with an overview of why green homes matter, how the GreenPoint Rated process works, & what resources are available to help guide clients to achieving a more comfortable, healthy, and efficient home. CLICK HERE to Register
Bay Area Deconstruction Workgroup Webinar Meeting Online | Wednesday, May 6th / 10 a.m. – 12:30 p.m.
Speakers will include Stephanie Phillips, a Senior Historic Preservation Specialist with the City of San Antonio, and a panel on COVID-19 Deconstruction/Reuse Industry Resilience. Contact: Nicole Tai (415) 690.0196 or [email protected]
http://www.stopwaste.org/at-work/built-environment/construction-demolition-debris/bay-area-deconstruction-working-group
Online Resources & Webinars
SHAPIRO, GALVIN, SHAPIRO & MORAN
A Professional Corporation
RepresentingNorth Coast Builders Exchange and Its Members
Since 1973
640 Third Street, 2nd Floor, Santa Rosa • CA 95404 (707) 544-5858Fax (707) 544-6702
E-mail: [email protected]
Emphasis in real estate & construction transactions and disputes, personal injury, employment related
disputes and general business counseling.
Everett H. Shapiro (1927–2010) Daniel J. Galvin IIITad S. Shapiro Adrienne M. Moran
Page 3 April 27, 2020 NCBE Building News
Capitol Connection Q&A for ContractorsBy Shauna Krause Capitol Services, Inc.
Submitting fingerprints is out of the CSLB’s ‘hands’ as I share with our first contractor. A quick answer that offers ‘slow’ or go as options. While it can work in getting a restaurant table faster, paying more isn’t going to ‘speed’ your license paperwork up …yet! …
Q: Is there a way to have fingerprints re-done if the CSLB is stating they don’t see them on file when our Officer got them done several weeks ago?
A: Your Officer would need to have new forms to take with him, so he/she would need to make that request to the CSLB in writing. Be aware that it’s not necessarily unusual for the CSLB to not have them on file within a couple weeks, but they don’t process fingerprints. It is handled by DOJ. You may want to contact the Live Scan facility where the prints were done and verify when and if they were sent.
Q: We have a pending application with the CSLB for a new license and received a letter asking for bonds and insurance. What is the best way to get those submitted? Do they need to be originals?
A: Many Bonding/Surety companies have the capacity to submit bonds and insurance electronically, so that would be ideal. Capitol Services is located in Sacramento, so we hand deliver documents and forms. ‘Snail-mail’ is also an option, but the bottom line is, no, originals are not required.
Q: We have a current and Active Corporate license which I am the Qualifier on. One of our subsidiaries needs to get licensed as well and they are wanting to use my qualification for their license. I am an RME on the existing license. Would this be possible?
A: An RME can qualify up to two licenses under certain circumstances. If one entity owns at least 20% of the other, an RME can qualify both licenses, assuming you can
MORE ON PAGE 4
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Page 4 April 27, 2020 NCBE Building News
provide an organizational chart verifying the structure. Let us know if you want our assistance with that process.
Q: Does the CSLB offer expedited processing for replacing the Qualifier on a license if you pay more?
A: The CSLB will consider expedite requests, however it is rare to be approved. They do not have a system (yet) in place for paying an additional fee for expedited processing. For replacing your Qualifier, the CSLB will allow for a one time 90-day extension request if you have a current replacement application in process. The CSLB needs time to review these requests so in order to be considered, you’ll want to make sure you submit the request several weeks before your deadline.
Q: I am wondering if your office is affected by the COVID-19 times and the impact on the CSLB. We have a potential job coming up that needs to start in May, and
we definitely need to add the “A” General classification to our license.
A: Luckily, we are still up and running and here for you! The CSLB is more limited with the COVID-19, but they are still working. Give me a call to discuss your work experience, and I’d be happy to help!
Who can work until stay-at-home rules are relaxed? You should refer to the state’s COVID-19 website: https://covid19.ca.gov/stay-home-except-foressential-needs/, which includes a “List of Critical Infrastructure Workers.” Be aware that the list can change as the situation dictates.
While knowledge is power, knowing where to go for the answers is half the battle. Get expert assistance immediately when you call 866-443-0657, email [email protected], or write us at Capitol Services, Inc., 3609 Bradshaw Rd, Ste H, #343, Sacramento, CA 95827. Research past columns at www.cutredtape.com.
Capitol ConnectionFROM PAGE 3
Page 5 April 27, 2020 NCBE Building News
Pre-construction ChecklistSave your team a headache by using this detailed pre-con list with clients before the job starts
by dan bawden, ProRemodeler.com
We’ve used an extensive preconstruction checklist for awhile now, and it’s helped us time and again. The list is part of the handoff from Sales to Production, and we require that all decision-makers on the project be present and sign the document. Before going over the checklist, we walk the job and discuss the scope of work. We then explain each item, so the clients can understand that this is for their protection as well as ours.
Page 6 April 27, 2020 NCBE Building News
DIY Green Home ProjectsProvided by Build It Green
We are spending more time than ever at home. The silver lining is we have time to address some of those home improvement projects we had on the back-burner to help make our homes healthier, efficient, and comfortable. It also will help us save extra money on our utility bills.
1. Change out light bulbs to support a 100% LED household. This easy, low-cost improvement can save up to five times on your lighting costs to help offset some of those extra hours we are now using lights at home. It can also be turned into a fun scavenger hunt for the family.
What you’ll need: pen and paper or your phone to to track the types of bulbs that need replacing, & replacement bulbs.Go through each room of the house. If you see any bulbs that have the wire within, or a reading of 60-100 watts on the
outside of the glass, it is an incandescent bulb. Take note of the shape, location, and brightness of the bulb you’d prefer to replace it with. Once you’ve completed the inventory, place the order and get to replacing those wasteful bulbs! Helpful link: Lighting Buying Guide
Wondering what to do with your incandescent bulbs? There are some fun up-cycling projects out there. Our favorite is turning an old bulb into a air plant terrarium.
2. Improve the flow of your faucets. This is another easy, low-cost project that can save you water, energy, and money. Efficient-flow aerators restricts the flow of water from a faucet and can save up to 30% of your household water usage.
Check each of your faucets for the current water flow. The standard flow is typically 2.2 gallons per minute (gpm). If you cannot read the aerator, you can also test it by running your faucet for 30 seconds. If more than a gallon of water is captured, a replacement aerator is recommended. Replace aerators with 1.0 gpm for bathroom faucets, and 1.5 gpm for kitchen faucets. It’s recommended to purchase aerators with the WaterSense logo.
What you’ll need: wrench, plumbing tape (often included with the aerator kit), and aerators ($1-5/each). 3. Improve the flow of your showers. We’re on a roll with saving water, and while we’re in the bathroom let’s improve
our showers too. The current national energy policy requires new showers to have a maximum of 2.5 gpm installed, however, older models could have as much as 5 gpm flow. Check your shower heads for the flow rate. If you can’t see it, capture the water for 30 seconds. If it’s more than one gallons, make note of the hook-up style of your showerhead and order yourself one with a WaterSense label. They come in all different colors and styles to match the look and feel of your bathroom.
What you’ll need: wrench, plumbing tape, WaterSense showerhead(s)4. Install / Check on Your CO Monitor – Because we’re spending more time in the home than ever, and probably cooking a lot more, it is a good idea to have a CO monitor that gives ppm readings. This means, you can track the levels of low-exposure carbon monoxide in addition to it just alerting you when there is an alarming amount present. Keep one next to your gas appliances, like your stove, and make sure the battery is working.
What you’ll need: (possibly) replacement batteries, CO monitor
5. Hot water pipe insulation – Insulating your hot water pipes reduces heat loss and can maintain temperature 2-4 degrees higher than un-insulated pipes. Energy.gov has a great how-to on how to do this project. It requires a little more time than the other projects on the list, but will help save energy on water heating and water (because less time spent waiting for the hot water to reach the faucet).
What you’ll need: tape measure, pipe sleeves, box cutter or scissors, cable ties or tape to secure the pipe sleeves.
Helpful link: https://www.energy.gov/energysaver/services/do-it-yourself-energy-savings-projects/savings-project-insulate-hot-water-pipes
Page 7 April 27, 2020 NCBE Building News
The impact of the COVID-19 pandemic has been sudden and severe. Worldwide, populations are dealing with a public health crisis, which has abruptly impacted the economy. As cases continue to increase across the United States, both the federal government and state governments, including California, are directing people to “shelter in place” and “socially distance” from each other in an attempt to curb the spread of the virus. These orders have generally shut down daily life except for “essential” businesses. As a direct result, the economy has come to an abrupt halt and many businesses have been forced to close or significantly reduce their operations.
Concern for this economic impact is, in part, due to the speed and severity with which it has affected so many industries. With the current economic conditions, there is much speculation that bankruptcy filings, among not only individuals, but small businesses, will see a sudden increase in the coming months. Experts agree that filings will
increase, the only question is when.Because of COVID-19’s economic impact, it is important
that businesses make an assessment now, regarding their needs, assets, and liabilities, so they can best prepare to survive COVID-19, or to take proactive steps in preparing to enter bankruptcy or wind down. In making this assessment, one of the questions to ask is whether the business can survive with quick financing, to help bridge the gap between the current operating conditions and their return to normal.
If financing is an attractive option to the business, both federal, state, and local governments have attempted relief packages and short-term financing that may help the business stay afloat during the COVID-19 pandemic. This article will focus on the offerings of the federal government; however, examples of California’s programs include its
Small businesses in the era of COVID-19: Survival, bankruptcy, and restructuring
By Hannah Kreuser Attorney at Law, Porter Law Group
MORE ON PAGE 8
SHAPIRO, GALVIN, SHAPIRO & MORAN
A Professional CorporationRepresenting North Coast Builders Exchange and It’s Members Since 1973
Emphasis in
real estate ❖ construction transactions and disputes ❖ personal injury employment related disputes ❖ general business counseling
Everett H Shapiro (1927–2010) Daniel J. Galvin III Tad S. Shapiro Adrienne M. Moran
640 Third Street, 2nd Floor, Santa Rosa, CA 95404 www.shapirogalvinlaw.com
(707) 544-5858 Fax 544-6702
SS M
G
Page 8 April 27, 2020 NCBE Building News
Disaster Relief Loan Guarantee Program and interest free deferral of sales and use tax for qualifying businesses.
Relief Under the CARES Act
At the federal level, the intent of the CARES Act created several Small Business Administration (SBA) programs, to provide financial assistance to small businesses. One of these is the Paycheck Protection Program (PPP), available to small businesses (businesses with 500 or fewer employees), which provides the business with a partially or fully forgivable loan to meet payroll obligations, rent or mortgage obligations, and utilities. A second is the Economic Injury Disaster Loan and Emergency Economic Injury Grant, also available to small businesses, providing a low rate loan for business expenses that could have been met if not for COVID-19. This program is practically capped at $25,000, with $10,000 of that available as a forgivable advancement. Both programs have seen high demand and available funds are supposedly being quickly allocated. However, current
reporting indicates that banks have started rejecting PPP applicants citing a lack of funding. Further funding of this program is mired in politics. If interested, it is still recommended that businesses apply as soon as practicable and that they call around to SBA approved lenders to see which can get your application processed fastest and establish a place in the application queue.
Because of this demand, a fair alternative may be to apply for a non-disaster SBA loan. The CARES Act provides that the SBA will cover all loan payments on these loans, including principal, interest, and fees, for six months on all existing non-disaster SBA loans and those made by the end of September 2020.
Contracts and Excuse of Performance
A business should also consider whether it has any active contracts impacted by, or related to, COVID-19. This may include contracts for goods or services or loan, mortgage or rent agreements. If this is the case, there may be a basis for excusing or delaying performance.
Some contracts include force majeure provisions which may excuse contractual obligations for “acts of god.” If the contract has an express force majeure provision, it is important to review the contract’s language to ensure that pandemics, epidemics, or disease are not excepted. Even if your contract does not contain such a provision, California has codified its equitable protections in California Civil Code § 1511. There are also the common law doctrines of impossibility, impracticability, and frustration of purpose which may excuse contractual obligations.
Small businesses in the era of COVID-19FROM PAGE 7
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Page 9 April 27, 2020 NCBE Building News
Business Interruption Insurance
Now is also a good time to review the business’ insurance policies to determine if the business has business interruption insurance; insurance intended to cover losses when a business is shut down or limited under certain conditions. These policies are often purchased as part of a commercial property insurance policy, or as a separate policy. It is important to review the policy terms to determine whether COVID-19 is a qualifying event. If you think your business may have a claim, it is advisable to go ahead and make the claim, so that any potential claim is received before any deadlines pass.
Employees
While it may be a difficult decision, another consideration a business may weigh concerns its employees. Depending on the current operations and demand on the business, a business may choose to minimize its expenses during this time by reducing employee hours, or furloughing or terminating its employees. If this is an option your business may exercise, it is advisable that you consult with an attorney to ensure the business stays in compliance with California’s labor laws.
Bankruptcy and Restructuring
For businesses devasted by COVID-19, who cannot continue operations even with a quick influx of funds, they may also consider bankruptcy and/or restructuring. While bankruptcy is often considered the worst-case scenario, it is not the taboo subject it is often perceived. This perception could be because when most think about bankruptcy, they think about Chapter 7 bankruptcy. When a business files for Chapter 7 bankruptcy, its debts are discharged through the liquidation of the assets and the business is essentially given up. In some situations, this will be the right option for the business.
Alternatively, a business may continue and emerge operational from a bankruptcy by choosing to restructure by filing for a Chapter 11 bankruptcy. Chapter 11 allows a business to restructure by continuing to operate itself while seeking confirmation of a plan by which its debts, incurred before filing, are repaid to creditors and then discharged. This process may be expensive for the business and will often require the business to have a financier which may be especially troublesome during the COVID-19 pandemic. However, as of 2019, the Small Business Reorganization Act (SBRA) came into effect for debtors with an aggregate debt of about $2.7 million, which streamlines the Chapter 11 restructuring process.
Small businesses in the era of COVID-19FROM PAGE 8
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Page 10 April 27, 2020 NCBE Building News
The CARES Act has temporarily extended the SBRA’s application to businesses with an aggregate debt of up to $7.5 million. If your business is considering bankruptcy, consult with a bankruptcy attorney early in the process in order to prepare and select the best path forward.
Another option for individuals operating an unincorporated business, such as a sole proprietorship, is to file for Chapter 13 bankruptcy. By filing Chapter 13, the debtor is allowed to develop a plan to repay all or part of its debts over a three to five-year period, with debts discharged upon successful completion.
Winding DownWhile bankruptcy is the most common avenue for
businesses that can no longer continue their operations, there are expenses and procedures associated with the bankruptcy process that may deter some businesses from considering it as a serious option. If so, or as a means of considering all options, a business may also choose to close and wind itself down. In winding down, a business will need to file paperwork to officially recognize its ending, as well as providing for all of its debts. This may provide the business an opportunity to negotiate with creditors to resolve any
outstanding debts using the funds the business has available. However, be sure to pay your employment related taxes first and in full because business owners may be held personally liable for these taxes, even if the business was an LLC or corporation.
ConclusionAlthough the economic impact of COVID-19 has been
sudden and severe, all hope is not lost. There are options available that may provide assistance for the survival, restructuring or winding down of your business. To explore some of the options detailed above, it is advisable that you consult an experienced attorney.
Article by Hannah C. Kreuser, Esq., in 2020. Ms. Kreuser is part of Porter Law Group, Inc. in Sacramento, California. www.porterlaw.com.
Small businesses in the era of COVID-19FROM PAGE 9
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Page 11 April 27, 2020 NCBE Building News
An influx of federal funding is expected to deliver the $30 million expansion of the terminal at Charles M. Schulz-Sonoma County Airport almost a year ahead of schedule despite the sudden downturn in global air travel.
The regional airfield won a $10 million Federal Aviation Administration grant toward the capital construction project last year, which positioned the increasingly popular travel hub for another $10 million within the next two years. The airport is now in the immediate running for that second helping of money - and eligible for more than $19 million more in federal economic stimulus assistance related to the coronavirus pandemic - to start building the 30,000-square-foot expansion this fall.
“We’re going to do everything we can get as much of that $19 million as possible, but the FAA has to bless it and sign off, and we’re just starting those conversations,” said Jon Stout, Sonoma County airport manager. “Fingers crossed
and we’re cautiously optimistic, but everything we’re seeing should apply and it should work out.”
The CARES Act signed by President Donald Trump last month included $10 billion for the nation’s ailing airports hit hard by the sharp drop in air travel, and was the result of negotiations by Congressional Democrats, according to Rep. Jared Huffman, D-San Rafael. California was awarded more than $1 billion in emergency airport aid for capital projects and their workforces, with the North Coast’s municipal and regional airstrips set to receive about $38 million, including the money directed to the airport just outside Santa Rosa.
“The airports across the North Bay and North Coast are directly impacted by the unprecedented travel restrictions and stay-at-home orders while still providing for the
Federal funds help Sonoma County airport move up $30M terminal-expansion project
Kevin Fixler, The Press Democrat
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continued work of essential employees,” Huffman said in a statement. “This CARES Act funding is a vital lifeline but it will only go so far, and Congress will continue prioritizing relief for all those who need it, including those who work in the travel industry.”
The Sonoma County airport has seen the number of daily flights cut by two-thirds and its passenger counts reduced to a trickle following state and county shelter-in-place orders due to the public health crisis. Airport passenger traffic tumbled 40% in March, compared with a year ago, and the airport has already recorded in April an all-time low of just 10 people passing through security in a single day.
“March was very low and April will be even lower,” Stout said.
Similar impacts led San Francisco International Airport to delay a terminal expansion project, which was supposed to begin this summer. Instead, the billion-dollar renovation of Terminal 3 West, which would add 190,000 square feet to the area of SFO that houses United Airlines, will be postponed until at least October.
Sonoma County’s project, meanwhile, is much smaller but will more than triple the size of the airport’s existing entrance and passenger check-in area. Under the latest design plans, the 1960s-era main building will be updated
and grow by more than 30,000 square feet to accommodate the growing popularity of the airport, which handled more than 488,000 passengers in 2019.
The new layout will add four ticketing counters, moving each of the airport’s air carriers inside to the main lobby. It will move the rental car companies to another area, relocate baggage claim and offer a restaurant beyond security. A separate construction project currently underway at the airport will also upgrade the tented passenger area with more seating, relocate the security checkpoint and add a second screening line and add permanent bathrooms outside the terminal.
That roughly $4 million project, which will be paid for by passenger ticketing fees, is on track to be finished by the end of August, paving the way for the terminal expansion to begin this fall. Terminal construction, which was set to be phased based on available funding, was expected to be completed by the end of 2022, but is now scheduled to be done by early 2022 because of the front-loaded capital grants plus extra emergency dollars.
While giving a boost to the local economy through the public works project, the county may also be able to take advantage of savings that can arise in financial recessions from reduced labor and material costs.
As it is, the stimulus money should help cover previously required local matching dollars on the federal grants, dropping the county’s overall contribution from $8 million
Federal funds help Sonoma County airport move up $30M terminal-
expansion projectFROM PAGE 11
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Page 13 April 27, 2020 NCBE Building News
to $4 million, according to Stout, which the airport will take out a loan to pay.
“Infrastructure is one of those things governments can invest in when the economy turns because it puts a lot of people to work. It’s a big economic engine,” said Sonoma County Supervisor David Rabbitt, who is a board member for several regional transportation agencies. “With the pandemic, at least there’s something on a positive note that
can come of it and we can move forward in a much quicker way to get the airport to where it needs to be.”
How long it might take the air travel industry to rebound, and the more robust passenger numbers returning with it, remains the unknown variable. But when they do, Sonoma County’s expanded airport terminal should be better positioned to welcome them back, Stout said.
“In the long-term, we will get back to where we were. I don’t believe it will be in 2020, and it may not be in 2021,” he said. “But ultimately we will get back to that level of service because we do have the demand. We have shown that we can support this type of activity with our market potential, and have proven ourselves in the airline industry.”
Federal funds help Sonoma County airport move up $30M terminal-
expansion projectFROM PAGE 12
Page 14 April 27, 2020 NCBE Building News
Contractors State License Board Launches New Online License/Registration Renewal Options
The Contractors State License Board (CSLB) instituted launched two different options that will allow California’s more than 283,600 licensed contractors and almost 21,000 registered Home Improvement Salespersons (HIS) to either renew their license, or to pay for their license or registration renewal online via CSLB’s website.
The following two options are now available to licensees and HIS registrants:
For Sole Owner licenses without a Responsible Managing Employee (RME) only
This group only can now complete their license renewal process with using a completely paperless process. solution. These licensees can also update their address with CSLB, if needed. Upon approved payment, Tthe license record will be updated immediately. This option is only available for sole owner licensees without an RME.
For all other licensees and all HIS registrants
This group can now submit their renewal payment online but will then have to mail the payment receipt along with their renewal paperwork to CSLB to complete the renewal. You will be provided with instructions about how to do this once you begin the process. When CSLB receives the completed paperwork, the license record will be updated to show the online payment date as the renewal date.
Licensees and registrants can continue to renew their license through the mail, providing payment by check. Send to:
Contractors State License Board P.O. Box 26000
Sacramento, CA 95826
“During this uncertain time, CSLB is committed to supporting our licensees and those seeking to get their contractor license,” said CSLB Registrar David Fogt. “While our public offices and test centers are temporarily closed, we’re able to offer a great many services online. We’re proud to add sole owner license renewals and other license and registration renewal payments to that list.”
To get For an updated list of CSLB services available during COVID-19 health emergency, a list of including all CSLB online services, and frequently asked questions, please visit https://cslb.ca.gov/About_us/COVID-19.aspx.
Page 15 April 27, 2020 NCBE Building News
OSHA Updates Enforcement Guidance for COVID-19
Agency staff told how to prioritize Coronavirus complaints from public and private employees.
The Occupational Safety and Health Administration (OSHA) has issued a new guidance document to instruct agency staff on enforcement priorities when it comes to handling workplace complaints filed by public and private sector employees regarding the Coronavirus.
“Although this enforcement response plan is directed to OSHA personnel, it provides useful additional guidance to employers on OSHA’s enforcement priorities and considerations, building on OSHA’s previously published guidance to employers for responding to and protecting employees from COVID-19 health and safety concerns in the workplace,” say attorneys Daniel Wolff, Monty Cooper and Leland Frost of the Crowell & Moring law firm.
The agency notes that the initial complaints filed by employees with it since the pandemic’s start frequently have focused on an employer’s failing to provide the necessary personal protective equipment (PPE) or insufficiently addressing suspected cases of the Coronavirus illness in the workplace.
OSHA states that, as a general matter, those complaints arising from other than healthcare or emergency response employers should be processed as “non-formal” complaints
consistent with the existing practices that are outlined in OSHA’s Field Operations Manual for its compliance officers.
OSHA staff are directed to prioritize COVID-19-related enforcement with a sensitivity toward the risk posed in any given workplace, taking into account the agency’s previously issued employer guidance. OSHA also informs its enforcement personnel that the four categories of occupational risk that they should classify cases under are: very high, high, medium, and low.
The high- and very high-risk categories include jobs pertaining to healthcare personnel and first responders. Jobs with medium risk include those in places where there is frequent and close interaction between people but no known cases of infection, such as high-volume retail establishments. Low-risk jobs are defined as those where there is infrequent contact with both co-workers and the general public.
In addition, the new enforcement response plan modifies the Field Operations Manual to mandate that for all complaints filed by employees with the agency, OSHA staff must make an initial notification to the employer by phone.
In addition the agency states that it is treating all COVID-19-related inspections as novel cases. For that reason, it has chosen to direct that the Directorate of Enforcement Programs must be notified of all proposed citations and notices related to Coronavirus exposure.
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Page 16 April 27, 2020 NCBE Building News
Fatalities Are Top PriorityOSHA also directs that fatalities and imminent danger
exposures related to COVID-19 are to be prioritized for inspection, “with particular attention given to healthcare organizations and first responders.” Formal complaints (defined as written and signed complaints) alleging unprotected exposures to COVID-19 by employees in high or very high-risk jobs may warrant an on-site inspection.
However, for most other workplaces, even formal complaints “will not normally result in an on-site inspection.” For those cases, the “non-formal” procedures set out in the Field Operations Manual will be followed, but if the employer’s response is not adequate, an on-site inspection may follow, the Crowell & Moring attorneys warn.
The guidance takes care to stress that OSHA compliance officers need to be appropriately trained for inspecting workplaces where COVID-19 exposure may have occurred,
and take appropriate precautions, including wearing the necessary PPE. They also are directed to practice the social distancing, frequent hand-washing and other contamination-reduction techniques we all have become familiar with.
OSHA says that compliance officers should take all possible steps to make sure that the opening conference is held away from any area of suspected or known Coronavirus exposure, including conducting it by phone if feasible. The opening conference should include the professionals in the employer’s operation who are responsible for occupational health hazard control.
Compliance officers are directed to determine whether the employer has in place a written pandemic plan, as recommended by the Centers for Disease Control and Prevention (CDC), and make sure to review other applicable procedures that should be in place. These procedures should include job hazard assessments, PPE protocols, and any respiratory protection program or policies that should be in place.
OSHA also directs compliance officers to review pertinent medical records related to COVID-19 exposures and
OSHA Updates Enforcement Guidance for COVID-19
FROM PAGE 15
MORE ON PAGE 17
Page 17 April 27, 2020 NCBE Building News
records of employee training on the employer’s relevant pandemic procedures. They also are to assess whether the employer has implemented a hierarchy of controls as part of its protective measures (such as engineering controls, administrative controls, work practices and PPE).
Attorney Cressinda D. Schlag of the Jackson Lewis law firm advises employers to keep in mind that OSHA’s enforcement plan makes clear that most work environments have a low risk of exposure to COVID-19. However, she notes that the agency views infection control practices and social distancing measures as a type of general duty obligation most employers are expected to have in place to protect employees from potential exposure.
“OSHA may therefore pursue enforcement against employers who it believes have inadequate infection control procedures or social distancing measures under the Occupational Safety and Health Act’s General Duty Clause,” she says.
OSHA’s enforcement guidance also provides for OSHA inspectors to pay close attention to employer compliance with OSHA standards on injury and illness recordkeeping, bloodborne pathogens, sanitation, PPE and respiratory protection when conducting COVID-19 related investigations or inspections, Schlag warns.
For Attachment 1 Specific Guidance for COVID-19 Enforcement
CLICK HERE FOR ATTACHMENT 1
OSHA Updates Enforcement Guidance for COVID-19
FROM PAGE 16
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Page 18 April 27, 2020 NCBE Building News
Will Your Employees be Whistleblowers During COVID-19?
by: Gail Cecchettini Whaley, J.D.
During this COVID-19 crisis, workers in essential businesses are reporting fears about whether they are safe at their workplace. The overriding concern for most workers is their chance of being exposed to the virus. Concerns such as a lack of personal protective equipment (PPE), failure to implement appropriate social distancing, and lack of products to sanitize hands or workspaces are common. Some employees have protested; others have refused to report to work and/or refused to perform certain tasks.
McDonald’s workers in the Bay area, for example, have been demonstrating and demanding more safety precautions. The Mercury News interviewed Maria Ruiz, who has worked for McDonald’s for 16 years and participated in a recent protest. Ruiz joined a group of drivers honking and demanding better PPE in front of a local McDonald’s, saying that while the company is calling her and her co-workers essential during the pandemic, it must recognize her life is essential too. “We want gloves, we want sanitizer, we want protection between our customers and ourselves,” Ruiz said. McDonald’s officials have responded that they are sending more PPE.
The media also has reported on complaints of worker retaliation after raising workplace safety concerns. For instance, some nurses reported they were terminated
after vocalizing safety concerns surrounding the lack of appropriate PPE.
Don’t Retaliate Against Employees Expressing Safety Concerns
The U.S Department of Labor’s Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the Coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours.
In the month of March, OSHA received 386 complaints of such retaliation. “Employees have the right to safe and healthy workplaces,” said Principal Deputy Assistant Secretary Loren Sweatt.
Both OSHA and Cal-OSHA contain protections for whistleblowers. In addition, the National Labor Relations Acts protects union and non-union employees who are working together to improve their working conditions.
Objectively Reasonable Concern
Generally, an employee can’t simply walk off the job or refuse to perform certain tasks unless the employee has an objectively reasonable safety concern that the employer has not yet addressed.
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Page 19 April 27, 2020 NCBE Building News
But how does an employer know if a safety concern expressed during this pandemic is reasonable or not? COVID-19 is extremely easy to transmit and can live on surfaces for a long time, according to the public health authorities. Refusing to go into an environment that risks potential exposure may be reasonable in specific circumstances.
We just don’t know how this will all play out. At a minimum, whether the employee acted based on a reasonable fear will be decided on a case-by-case basis and most labor protections are resolved to provide the greatest protection to the employee. Before disciplining any employee who refuses to work or perform certain tasks due to a safety concern, talk to an HR advisor and legal counsel.
Best Practices
• Ensure your frontline managers understand the whistleblower protections, how to handle safety complaints, and how to take steps to avoid actual or perceived retaliation.
• If someone has raised a COVID-19 workplace safety issue, any future personnel actions against that individual should be reviewed by legal counsel.
• Yes, an employee can still be disciplined for legitimate business reasons unrelated to the safety complaint. However, this is an area where employers face heightened legal risk of a retaliation claim.
• Don’t attempt to prevent employees from talking about their safety concerns. Remember that all employees have the right to work together to try and improve workplace safety conditions.
• Take proactive steps to communicate how your business is addressing COVID-19 and workplace safety. Use CDC, OSHA and CalOSHA guidance for employers.
Every business in California is required to have an Injury Illness Prevention Program (IIPP).
Will Your Employees be Whistleblowers During COVID-19?
FROM PAGE 18
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Page 20 April 27, 2020 NCBE Building News
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