MAGAZINE ECA INSTALLATION KICKS OFF 2020 IN A BIG WAYECA MAGAZINE (ISSN 0896-3169) serving Southern California construction, is published monthly at Anaheim, California, as the official

MARCH 2020

ECAMAGAZINE

ecasocal.org

ECA INSTALLATIONKICKS OFF 2020IN A BIG WAY

E CA E VE NTE CA E VE NT

I NS I DEI NS I DE

New Rules for Workers’ Comp Cases

More Regulatory Rollbacks on the Way

Shielding & Shoring Inspection Tips

Corona Virus’ Impact on Construction

Page 13

ECA Spring GolfApril 20

Contents

ENGINEERING CONTRACTORS’ ASSOCIATION

ECA Magazine - Since 1976, your resource to news and useful information about ECA member services, contractors, manufacturers, and suppliers in southern California’s utility construction industry. Use it to help build your business future.

ECA

Email: [email protected]

714/937-5000 · Fax 714/937-50302390 E. Orangewood Ave., Ste. 585

Anaheim, CA 92806

www.ecasocal.orgECA MAGAZINE (ISSN 0896-3169) serving Southern California construction, is published monthly at Anaheim, California, as the official publication of the Engineering Contractors’ Association. It is intended for the dissemination of news of Association activities as well as information to the general construction industry in such matters as labor relations, government relations, legislative direction and public relations. It is distributed throughout the 11-county Southern California area to contractors and suppliers with interests in sewer, pipeline, underground utilities, trenching, excavating and grading, tunnels, street and highway construction and related engineering construction. Mail subscription requests to ECA Magazine, 2390 E. Orangewood Ave., Ste. 585., Anaheim, CA 92806. Subscription rates are $1 per issue or $10 per year (12 issues including Directory & Buyer’s Guide issue). There is no charge for ECA members or current advertisers. Graphic design and production by [email protected].

Engineering Contractors’ Association

MAGAZINE

E C A M A G A Z I N E M A R C H 2 0 2 04

J.F. Shea Construction

President’s Message6

Brendan Slagle

19 Safety Forum

Executive Direction 8

Ray Baca, Executive Director

ECA Member News 13

17 Industry News

21

ECA Resources

· Upcoming Activities

· Association Events & Happenings

16 Corona Virus’ Impact on Industry

10 Government Affairs Dave Sorem, Chair

Thomas W. Kovacich, PartnerAnthony P. Niccoli, Partner

12800 Center Court Drive South Suite 300

Cerritos, California 90703

562-653-3200

Cerritos | Fresno | Irvine | Marin Pasadena | Pleasanton | Riverside

Sacramento | San Diego

www.aalrr.com

Legal experts. Trusted advisors

to the construction industry for over

40 years.

Labor Rela�ons

Public Works & Prevailing Wage

Construc�on Claims & Li�ga�on

Stop Payment No�ces

Mechanics Liens & Payment Bonds

Bidding & Bid Protests

OSHA/Safety

Construc�on Contracts &

Front End Documents

Real Property

13

Advertiser’s Index

DIG Award Committee

Anthony Niccoli, AALRR

Committees

Affiliate Committee

Scott Salandi, Patriot Risk & Insurance

Government Affairs Committee

John Simpson, Editor

Political Action Committee

Chair, Jordan Latimer, Ferreira Const.

Industry Advancement Advocate– Bill Davis

P.O. Box 3384, Idyllwild, CA 92549

Safety Forum

·

Legal Committee

Anthony Niccoli, AALRR

Scholarship Committee

Dave Sorem, Mike Bubalo Const.

Email: [email protected] · Ph. 562/708-4601

Scott Salandi, Patriot Risk

Garrett Richardson, Mission Clay Products

Treasurer – Alan Ludwig

Vice President – Garrett Francis President – Brendan Slagle

Secretary – Michael Prlich

Affiliate Chair – Scott Salandi*

Executive Officers

Vice President Infrastructure – Dave Sorem

Directors

*Denotes Affiliate Member

Office Manager – Shelia VossAdministrative Assistant – Paulina Pantoja

Executive Director – Ray BacaAdministrative Staff

Michael Baker*

Gene Glassburner

Kristion Grbavac

Gus Madrigal*

Anna M. Carno*

Jordan Latimer

Daniel Martin

Mladen Buntich

Barry Corea*

Anthony Niccoli*

Dan J. Peterson*

Brandon Pensick

Garrett Richardson*

James Roland

Elizabeth Torrez*

Nic Waldenmayer*

Tim Rivard

Lou Rendon*

March 2020, Vol. 56, No. 3

[email protected]

Construction Law: Construction Disputes Both Public And Private Payment Disputes - Including: Mechanics’ Liens Stop Notice Claims and Bond Claims Licensure Issues Bid Protest Issues Construction Defect Litigation Surety and Insurance Disputes

Business and Corporate Law: General Business Litigation Contract Drafting and Interpretation Business Formation

24031 El Toro Rd., Suite 260, Laguna Hills, CA 92653

www.CarnoLaw.com (949) 540-0320Email: [email protected]

Carno Law Group’s Practice Focuses On The Following Areas:

E C A M A G A Z I N E 6 M A R C H 2 0 2 0

President’s Message

By Brendan Slagle, ECA PresidentEmail: [email protected]

Finding GoodNews In TheGloom

In a move that helps home builders (which used to be our

biggest construction market), the California Energy Commis-

sion last month unanimously approved the Sacramento Munici-

pal Utility District's plan to build a large-scale solar site that

homeowners can tap into, forgoing the need for solar on every

new home roof.

don't know about you, but I have

had about as much gloom and

doom as I need for a while, so this

month I thought we might hunt

down some good news for the mem-

bers of the Engineering Contrac-

tors Association and other industry friends who enjoy our mag-

azine.

It ain't easy, brother, but the good news is out there if you

hunt hard enough.

The first and probably most fun story is that the on-again, off-

again plan for Elon Musk's SpaceX to build a space ship plant in

the Los Angeles Harbor is on again! That's right, rocketships will

be toing and froing from San Pedro soon to launch sites in

Florida and Texas.

SpaceX petitioned the Harbor Department to re-establish

rights to operate a manufacturing facility at the Port of Los An-

geles and secure a long-term permit similar to the one previ-

ously approved by the Board in 2018. SpaceX will lease 12.5

acres of property at the former Southwest Marine site on the

main channel. The Harbor Commissioners approved the plan

last month. The next stop is Los Angeles City Council in May for

approval, which passed a similar project two years ago.

How good is this? Can you imagine telling your kids or

grandkids that you helped build the plant that made the rockets

that sent astronauts back to the moon and then on to Mars?

Good News from the State and Courts?

Environmentalists didn't think it was good news, saying it

guts the solar roof mandate and will lead to other utilities copy-

ing Sacramento's plan. You haven't heard this often, but the reg-

ulators backed the proposal after support from home builders

and lawmakers who said it provides clean energy without rais-

ing home prices in a state facing a housing crisis.

In Los Angeles, U.S. District Judge Roger Benitez of the

Southern District of California granted a preliminary injunction

motion in January, putting enforcement on AB 5 on hold until it

goes to trial later this year. The judge said the case presented

by the California Trucking Associations made a strong argument

for, in the case of truckers, at least, that existing federal law pre-

empts AB 5. D

I



Executive Direction

By Ray BacaExecutive DirectorEmail: [email protected]

New Rules forWorkers CompCases Now in Effect

The newly adopted rules and their related Final Statement of Reasons are on WCAB's website:https://www.dir.ca.gov/wcab/WCABProposedRegulations/Rule

making-August-2019/Rulemaking-August-2019.htm . D

“In general, the substance of the vast majority of rules has not been altered in this reorganization. Some substantive changes were made to reflect current practices,” according to the press release issued to announce the changes in the work-ers' comp program.

The reasoning behind this rulemaking is, according to the WCAB, to organize articles to reflect the order of events in a workers' comp case, eliminate duplicative regulations, break up complex rules, simplify the language for clarity and create some room between procedures to accommodate future changes.

he Workers' Compensation Appeals Board (WCAB) started

the new decade by announcing a significant shift in its final rules of practice and procedure.

While the changes have been kicking around since August 2017,

the agency filed the new requirements with the Secretary of State on December 17, published them on December 31, and they went into effect on January 1. The filing included an anno-tated copy complete with strikethroughs showing what had changed and where in the 268-page document. The final clean copy of the rules has now been added and only takes up 118 pages, making life a bit simpler for the employers attempting to comply with the new regulations.

Agencies don't write regulations in a vacuum. The agencies plunge into regulatory change with goals in mind, but they are required to have open, public participation in the process. They document the process in a “Final Statement of Reasons” (FSOR).

The 29-page FSOR WCAB change starts with a 479-word explanation of why they must use politically correct grammar. Here's a clip from the FSOR on the topic:

Gender-Neutral Language and the Singular 'They.' “…we chose in some instances to use the singular they as a gender-neutral pronoun where appropriate in keeping with Assembly Concurrent Resolution 260, which encourages state agencies “to use gender-neutral pronouns and avoid the use of gendered pronouns when drafting policies, regulations, and other guid-ance[.]”

It is essential to pay close attention to this little paragraph because the state is going to inspect your company documents based on compliance with the shift in “gendered pronouns,” among other things.

Make sure your lawyer reads the FSOR and the strikethrough copy that highlights the actual regulatory changes as they help you craft your internal documents in response to the new procedures. You don't want to run afoul of the WCAB over grammar.

T

! Risk Management & Safety

! Labor Relations

! Union Representation

! Member & Business Services

! Agency Liaison

! Education & Networking

ENGINEERING CONTRACTORS’ ASSOCIATION

Serving the heavyconstruction industry

www.ecasocal.org

714/937-5000 ! Fax 714/937-5030

Anaheim, CA 928062390 E. Orangewood Ave., #585

Email: [email protected]


EECCAAYour resource for

success in the Southern California utility construction

industry. Use it to help build your business future.

https://www.dir.ca.gov/wcab/WCABProposedRegulations/Rulemaking-August-2019/Rulemaking-August-2019.htm

https://www.dir.ca.gov/wcab/WCABProposedRegulations/Rulemaking-August-2019/Rulemaking-August-2019.htm

Traffic Management requirements.Providing one source for all of your

More FederalRegulatory Rollback Coming


By Dave Sorem, P.E.ECA Government Affairs Chairmanemail: [email protected]

Government Affairs

T

But it won't make much difference for California contractors who are still in the thrall of the most challenging state regulatory environment in the country.

More than over-heated rhetoric of this election season, this is a change started three years ago and continues. Last month, President Trump and the White House Council on Environmen-tal Quality (CEQ) announced a significant proposal to modern-ize regulations that implement the National Environmental Pol-icy Act (NEPA), the progenitor of California's notorious Environ-mental Quality Act (CEQA).

he federal government is in the middle of the most significant

regulatory rollback in the history of the Republic, irritating the current administration's critics and heart-ening business owners around the country.

The new approach to NEPA focuses on its original intent – assessing environmental impacts of major projects and actions supported by the federal government – instead of being used as a mechanism for causing delays and uncertainty in planning and building projects, including those in the transportation sec-tor. The California Clone

CEQA, passed in 1970 shortly after NEPA was signed into law by Richard Nixon, has devolved to a shakedown instrument for environmental organizations, trade unions and NYMBY neighbors to delay or milk project owners, ranging from home builders, commercial property owners, schools and even infra-structure projects. Usually settling CEQA objections comes with a price tag, making donations and other pecuniary consider-ations into the hands of those objecting to the project on “envi-ronmental” grounds.

The contribution game works in other ways in Sacramento. Here's how: a bill surfaces in the Legislature to “Fix CEQA,” but the measure only goes as far as a committee hearing or two be-fore the author or co-sponsors of the proposed “fix” drop their concerns and campaign contributions fall into their political col-lection plates. There are ten different bills in this session to “fix” some aspect or another of the CEQA process, so we'll see if any-thing changes.

What is going unsaid is that these changes to NEPA don't require Congressional action, but can be achieved through the normal regulatory process. There will be court challenges at the end of this effort, but the scoreboard has changed in the legal

environment over the last three years as well. D

Fixing NEPA NowThings are remarkably similar on the national front. Adver-

saries have weaponized NEPA's outdated review procedures to delay – often for years – or to derail transportation and other im-provement projects. Needless delays and uncertainties can add high costs to these critical projects, at a time when funding is con-strained nationwide.


Fax form to 714/937-5030 of Mail to ECA, 2390 E. Orangewood Av, #585, Anaheim, CA 92806

SpringGolf

ECA tees off its Spring Golf Tournament at Old Ranch Coun-try Golf Club Monday, April 20, 2020! Check-in begins at 10am with tee off at Noon. Featuring Foursome Team Scramble play you can win Cash Prizes, Drawing Gifts & Closest-to-the-Pin Prizes. Lunch and dinner included.

Call 714/937-5000 for reservations.

At Old Ranch Country Club3901 Lampson Ave., Seal Beach, CA 90740

ECAJoin us Monday,April 20, 2020!

Please include us as Hole Sponsors at $500 (includes table, game, beverages) $___________________

Please include us as Beverage Sponsors at $500 $___________________

Total $___________________

Reserve ___ foursomes at $1,100 $___________________

Please include us as Hole-in-One Sponsors at $1,000 $___________________

Please include us as Lunch Sponsors at $500 $___________________

Please include us as Tee Sponsors at $250 $___________________

Please include us as Closest to the Pin Sponsors at $500 $___________________

Reserve ___ golfers & dinners at $275 per person $___________________

Please include us as Putting Contest Sponsors at $250 $___________________

There will be no refunds for cancellations less than 7 days in advance. If you make reservations and do not attend, ECA is still responsible for your reservation. Anyone who makes reservations and does not attend without canceling by the above referenced date shall be billed for the full amount.

Signature _____________________________________________________

Name on Card __________________________________________________________ CVV Code________________

Street:____________________________________ City/Zip:______________________________________________

Phone:____________________________________ Email:_______________________________________________

___MasterCard ___Visa ___AmEx Card #_____________________________________________ Exp:________

Name(s):________________________________________________________________________________________

Company/Organization:___________________________________________________________________________

Card billing address____________________________________________ Card billing Zip Code________________

ECA Member News

www.ecasocal.org

Contact ECA at 714/937-5000 or by fax at 714/937-5030

Email: [email protected] news releases or other

member information to: ECA Magazine,

2390 E. Orangewood Ave., Ste. 585, Anaheim, CA 92806

! ECA Board Meetings 1st Wednesday each month, ECA offices

! ECA Safety Forum Meets quarterly, 10:00 a.m. ECA office, lunch provided.

2020 Events


! April 20 – ECA Spring

Golf Tournament

Old Ranch Country Club,

Seal Beach

! June 12th – PAC Summer

Shoot Out,Mike

Raahauge’s, Corona

! May 16th – Angels

Baseball Game vs.

Oakland, Anaheim

Advertiser’s Index

Carno Law Group......................................6

Ayala Boring............................................22

Alcorn Fence Co......................................21Atkinson, Andelson, Loya, Ruud & Romo ..4

The Blue Book ........................................20

Cement Masons ......................................10Catalina Pacific Concrete.........................21

Ferreira Construction.................................8GMGS Insurance Svcs., Inc......................21Golden State Boring & Pipe Jacking, Inc. .21

Kamine Law PC.......................................20Charles King Company ............................23Koppl Pipeline Service, Inc. .....................22LECET Southwest.......................................7Mocon Corp............................................27

National Ready Mixed Concrete Co. .......20Penhall Company ......................................8Pure Effect, Inc. .......................................23

Sancon....................................................23J.F. Shea Construction, Inc. ................12, 22South Bay Foundry, Inc............................22Sullivan Curtis Monroe Insurance Services .6

National Plant Services ............................21

Quinn Company .....................................11

Coastline Equipment..................Back CoverConco Pumping ......................................23

Inland Surety...........................................22

Monteleone & McCrory, LLP ...................22

Video Fact ...............................................21Williams Pipeline Contractors, Inc. ..........23

Superior Gunite Company.......................21

Trench Plate Rental Co. .............................3TPR Traffic Solutions..................................9

Trench Shoring Company ..........................5

ECA Celebrates 44thInstallation With Flair

The evening began with a lavish hosted reception as well as enter-tainment featuring the 18th Annual ECA Silent Auction. Dinner and program followed in the grand ballroom where ECA members and guests toasted the new board.

Brendan Slagle of J.F. Shea Construction assumed the office of ECA President, Garrett Francis of Fryman Management is ECA’s Vice President, Dave Sorem of Mike Bubalo Construction is the Vice President of Infrastructure Development, Michael Prlich of Mike Prlich & Sons is Secretary, Alan Ludwig of Pascal & Ludwig Constructors is the ECA’s Treasurer, and Scott Salandi of Patriot Risk & Insurance Services is the Affiliate Chair.

Senator Rubio administered the oath to the 2020 ECA Directors: Michael Baker, Snell & Wilmer, LLP; Mladen Buntich, Mladen Buntich Const. Co.; Anna M. Carno, Carno Law Group; Barry Corea, Trench Shoring Company; Gene Glassburner, Performance Pipeline Technology; Kristion Grbavac, GRBCON, Inc.; Jordan Latimer, Ferreira Construction Co., Inc.; Gus Madrigal, Alcorn Fence Company; Daniel Martin, Murray Company; Anthony Niccoli, Atkinson, Andelson; Dan J. Peterson, Dan J. Peterson Company;

Brandon Pensick, Ferreira Con-struction Co., Inc.; Lou Rendon, Rendon & Associates, LLP; Garrett Richardson, Mission Clay Prod-ucts Corp.; Tim Rivard, T.A. Rivard, Inc.; James Roland, Trench Plate Rental Co.; Elizabeth Torrez, United Rentals Trench Safety; Nic Waldenmayer, HMWC CPAs & Business Advisors.

The ECA Safety Forum also presented honors to contractors in

elebrating 44 years of service to the heavy

construction industry, ECA hosted its annual Installa-tion of Officers at the spec-t a c u l a r R i t z C a r l t o n Laguna Niguel. The ECA Executive Board, under the direction of President Brendan Slagle of J.F. Shea Construction, was sworn in for their term, before a full house marking the momentous occasion in January.

Susan Rubio, Senator of the 22nd California Senato-rial District, delivered an eloquent oath of office to the incoming ECA Board. She is the Chair of the Standing Committee on Insurance, as well as a member of the Standing Committees on Governmental Organization, Health and Transportation.

C

Above from left: ECA legislative consultant Rich Lambros, ECA Political Action Committee Chair Scott Salandi, California State Senator Susan Rubio, and ECA Executive Director Ray Baca at the ECA 44th Annual Installation of Officers.

Right: Gus Madrigal, ECA Safety Forum Co-Chair (l) presents Doug Marquis of the Conco Companies with the 2019 Personal/Crew Safety Award (c) with Jordan Latimer, ECA Safety Forum Co-Chair.

ECAECAGame NightAt Angels Stadium


#Fax form to 714/937-5030, mail to ECA, 2390 E. Orangewood Av., 585, Anaheim, CA 92806

At Angels Stadium!2000 Gene Autry Way Anaheim, CA 92806

Join us Sat., May 16, 2020

Registration Form

There will be no refunds for cancellations less than 7 days in advance. If you make reservations and do not attend, ECA is still responsible for your reservation. Anyone who makes reservations and does not attend without canceling by the above referenced date shall be billed for the full amount.

Name(s):________________________________________________________________________________________

Street:____________________________________ City/Zip:______________________________________________

Phone:____________________________________ Email:_______________________________________________

Name on Card __________________________________________________________ CVV Code________________

Signature _____________________________________________________

__MasterCard __Visa __AmEx Card #_______________________________________________ Exp:________

Company/Organization:___________________________________________________________________________

Card billing address____________________________________________ Card billing Zip Code________________

___ Grand Slam Sponsor! $100 ____________

___ Tickets $60 per person (Non-ECA Members) $________________

(Make checks payable to ECA or enter credit card information below.) Total ____________

___ MVP Sponsor! $50 _____________

(Parking not included in ticket cost.)

Please include us as Event Sponsors to include display on the Angels Stadium Vision Board:

Please reserve: ___ Tickets $50 per person (ECA Members) $________________

Watch as the Angels take on the Oakland A’sTailgate Party 4:00pm – Game time 6:07pm

Call 714/937-5000 for reservations.

Post GameChase RiceConcert

Pre Game

Tailgate

BBQ


150,000-500,000 man hours

Frontier-Kemper Constructors, Inc., West Coast Sand and Gravel

Thanks again to the Installation Committee for their work on this wonderful event under the direction of chairperson Eliza-beth Torrez of United Rentals Trench Safety.

ECA congratulates these winners for outstanding achieve-ments in workplace safety:Under 150,000 man hours

the following categories: 2019 ECA Safety Award Recipients

Alcorn Fence Company, Ferreira Construction Co., Inc., Nor Cal Pipeline, T.E. Roberts Inc.Over 500,000 man hours

2019 Personal/Crew Safety AwardPresented for outstanding achievement in Safety: Doug

Marquis, Conco Companies

Mike Bubalo Construction, Cheryl's Underground Con-struction, Inc., Conco Companies, Fryman Management, GRBCON Inc., Murray-Ferreira Joint Venture, Pascal and Ludwig Constructors, Performance Pipeline Technologies, Pipe Tec, Inc., Mike Prlich & Sons Inc.

The PAC Silent Auction netted nearly $10,000 for the evening under the direct ion of committee chairperson Nic Waldenmayer, HMWC CPAs and Business Advisors, and

Elizabeth Torrez, United Rentals Trench Safety. D

Installation of Officers

ECA 2020 Directors take their oath of office at the 44th Annual ECA Installation of Officers at the Ritz Carlton Hotel, Laguna Nigel.

Below from left: Bethany Richardson, Kristion Grbavach and Garrett Richardson at the ECA Silent Auction.

Above: From left, ECA Treasurer Alan Ludwig, ECA Secretary and State Senator Susan Rubio celebrate installation of association officers.

Below left: ECA Safety Award recipients from Ferreira Construction and Alcorn Fence accept honors for their exemplary safety programs for 2019.

Thank You Sponsors!

After Party Sponsors – Alcorn Fence Co.

Auction Sponsors – United Rentals Trench Safety

Band Sponsors – Mladen Buntich Construction Co.

Silver Sponsors – Atkinson, Andelson, Loya, Ruud & Romo, LECET Southwest, Performance Pipeline Technologies, Southern California Partnership for Jobs, Trench Plate Rental, Trench Shoring Company

Wine Sponsors – J.F. Shea Construction

Reception Sponsors – Ferreira Construction

Bronze Sponsors – Trebor Shoring Rentals

ECA Installation event chair Elizabeth Torrez and Sarah Caporicci, both of sponsors United Rentals Trench Safety.

(continued from page 13.)

Contractor’s Notebook

E C A M A G A Z I N E 16

T

earthquakes and other disasters? There are several steps employers can take now to inform their employees and pro-tect their business.! Develop or Update your disas-

ter/emergency contingency plan. The plan should discuss emergency contact with all employees, what steps are vital to the continued oper-ation of the business, is the business prepared for an emergency on busi-ness premises, and how will busi-ness records and other necessities be preserved/protected?

! Employers should be careful not to seek private employee information in violation of California and federal law. For example, the EEOC created an ADA compliant form for employees to complete in anticipation of a pan-demic risk. In addition, it published a preparedness piece for employers. These documents can be found at: https://www.eeoc.gov/facts/pandemic_flu.html.

! Employers with 25 or more employ-ees must permit employees to take up to 40 hours of time off to address school emergencies due to a natural disaster (i.e. fire, earthquake, flood) when their child cannot remain in school. (Labor Code section 230.8.)

! Employers may want to initiate com-munication with employees now as a method of protection and prevention. We recommend something as fol-lows:

! The news is full of stories about a fast-spreading Coronavirus Disease 2019 (COVID-19). Scientists around the globe are racing to learn more about the virus. The Centers for Dis-ease Control (CDC) believes the im-mediate risk to the American public is low right now, but they’re asking ev-eryone to help reduce the risk of in-fections spreading.

he last time you negotiated a construction contract, how

much time did you spend on the "Force Majeure" clause? Do your contracts even have such a clause?

T h e g l o b a l i m p a c t s o f t h e c o r o n a v i r u s / C O V I D - 1 9 ( " t h e coronavirus") outbreak might now put these contract provisions at the center of attention.

Generally, a Force Majeure event is an extraordinary circumstance beyond the control of the contracting parties, which could include a war, strike, riot or "act of God" (hurricane, flood, earth-quake, etc.).

We do not have such government protections domestically. Instead, con-tractors or material suppliers who are impacted by Force Majeure events must look to their contracts to assess whether an excusable Force Majeure event in-cludes the inability to furnish materials or equipment due to foreign government restrictions or global health conditions.

As an employer, what can you and what should you do to address employee concerns over the spread of the Coronavirus also known as COVID-19 and other emergency situations such as

Contractors and material suppliers must also review their insurance policies to assess whether they provide business interruption coverage for this unique event that is impacting our global econ-omy.

It is well known that the supply chain of foreign products and building compo-nents has already been impacted by the coronavirus. The Chinese government has implemented lock downs, quaran-tines, and other measures to contain the disease. As a result, the Chinese gov-ernment, through the China Council for the Promotion of Internal Trade, has is-sued thousands of Force Majeure "cer-tificates" to businesses, legally excusing them from contract performance within China. But these government-issued certificates apply only to transactions within Chinese borders.

How Do You Handle Workplace Con-cerns Over The Potential Spread Of Coronavirus?

If the Force Majeure clause does not provide protection against the inability to provide specified equipment or materi-als, then the contractor or supplier must rely on the legal doctrine of "impossibil-ity" of performance. However, this ex-cuse cannot be used if alternate materi-als or equipment are obtainable else-where, albeit at a higher cost.

Coronavirus Impacts toThe Construction Industry

Now is the Time toConsider a ForceMajeure Clause

M A R C H 2 0 2 0

By Dale A. Ortmann,

Protect yourself and your family:! Check the CDC website (see link be-

low) for up-to-date information, espe-cially if traveling.

! The CDC is issuing new travel guid-ance regularly as developments oc-cur.

! Visit the CDC Travel Page (see link below) for all travel-related updates.

! Get a flu shot to prevent the flu. While the coronavirus is different from the flu virus, the flu is still a serious ill-ness.

! Practice good health habits.! Wash hands often with soap and wa-

ter for at least 20 seconds. Use an al-cohol-based hand sanitizer when washing isn’t an option.

! Avoid touching your eyes, nose and mouth.

! Avoid close contact with people who are sick.

! If you don’t have a tissue, cough or sneeze into your upper sleeve or el-bow, not your hands.

! Clean and disinfect frequently touched objects and surfaces, such as phones, keyboards, doorknobs.

https://www.cdc.gov/coronavirus

Please direct questions to JoLynn M. Scharrer, head of Hunt Ortmann’s Em-ployment Law Group. D

! Stay home when you’re sick. That in-cludes staying home from work, school, errands and travel.

! Cover a cough or sneeze with a tis-sue, then throw the tissue in the trash.

! Get plenty of sleep, be physically ac-tive, drink lots of fluids and eat nutri-tious food.

https://www.cdc.gov/coronavirus/2019-ncov/travelers

Please access the following link on Flu prevention in the workplace: https://www.cdc.gov/nonpharmaceutical-interventions/workplace/employees.html

Industry News


City of Oceanside Starts $67MWater Purification Project

Most of Oceanside’s current water supply is

imported and originates from hundreds of miles

away at the Sacramento Bay Delta and Colorado

River. A small portion of the city’s water supply is

local and comes from a naturally occurring under-

ground aquifer called the Mission Basin, but the

aquifer’s water has declined over years of use.

The City hopes the project will address a variety of

challenges such as the rising costs associated

with importing water or the fact that these supplies

require an enormous amount of energy to trans-

port and are vulnerable to natural disasters and

earthquakes.

“This future-focused project will provide multi-

ple benefits by reusing our water resources to their

full potential,” said Dale. D

he City of Oceanside has broken ground on

a new $67 million water purification project

that positions the city to become the first in San

Diego County to provide recycled drinking water

by 2022.

The City says the Pure Water Oceanside pro-

ject will purify recycled water to create a new, local

source of high-quality drinking water that is clean,

safe, drought-proof and environmentally sound.

Once complete, the program will produce enough

water to provide over 30% of the city’s water sup-

ply or 3 to 5 million gallons of water per day.

To prepare the water for delivery to customers,

the “future-focused” project will use a series of

state-of-the-art purification steps that replicate

and accelerate nature’s natural recycling process:

microfiltration, reverse osmosis, ultraviolet light

and advanced oxidation and mineral injection.

“Pure Water Oceanside marks the next big

step for our City and a larger movement for the re-

gion as a whole to create sustainable water sup-

plies in San Diego County. The project will safe-

guard against drought, reduce our dependence on

increasingly expensive imported water, provide an

environmentally friendly alternative to transporting

water, and create an exceptionally pure drinking

water supply,” said Cari Dale, Water Utilities Direc-

tor, City of Oceanside.

T

The City of Oceanside has broken ground on a new $67 million water purification project that positions the city to become the first in San Diego County to have access to recycled drinking water by 2022.

“Once complete, the program will

produce enough water to provide over 30% of the

city’s water supply or 3 to 5 million gallons of water

per day.”

The Southern California Partnership for Jobs contributed to this article.


www.ecasocal.org2390 E. Orangewood Ave., Suite 585, Anaheim, CA 92806

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Safety Forum


Tips for InspectingTrench Shoring &Shielding Equipment

W

This requires a daily check at a mini-mum, said Tschepl. “But it’s also neces-sary to do an inspection when there’s a changing condition. That could be a rain-storm or when a shore is accidentally run over or picked up by a backhoe. It’s the competent person’s responsibility to ei-ther replace that shoring with another piece of equipment or to inspect and/or test the equipment and put his stamp of approval on it.”

“Even temperature fluctuations over-night can have a surprising effect on pres-sure if there’s a big swing,” he added.

Jobsite inspections

“OSHA standards basically tell the competent person to determine the proper protective system and then to re-classify the soil after changing condi-tions,” said Tschepl. Rainstorms, water leaks and even sunshine can impact the moisture content of the soil, which could weaken the shoring system.

shoring and shielding equipment should develop and perform similar pre-use tests for all of it.

OSHA requires every jobsite to have a competent person in charge of over-seeing all aspects of the excavation, in-cluding the inspection of the shoring and shielding equipment.

Every inspection should include a

Once the equipment has passed the inspection, United Rentals tags it as ready for use and stores it properly.

! Checking the cylinders for leaking fluids (including the socket side of the cylinder and the threads of the cylin-der pad side)

! Checking the cylinder hose connect-ing cylinders for leaks at the fitting

hen your crew is working in trenches 5, 10 or 20 feet below

ground, you want to know the shoring and shielding equipment you’ve in-stalled to protect them is doing its job.

The first step is to ensure the equip-ment is in optimal operating condition before it arrives at the jobsite.

“We have spent a lot of time and en-ergy developing this procedure and main-taining it across the region,” said Tschepl.

! Pressurizing the shore to a sustained pressure of 750 psi to 1500 psi

The 11-step process for inspecting a vertical hydraulic shore, for example, in-cludes steps like:

! Holding the pressure for 60 seconds

“The problem is, the OSHA standard is vague on actual procedures for in-specting this equipment, and most of the manufacturers don’t offer guidance,” said Steve Tschepl, district manager for United Rentals’ Gulf district. Because United Rentals is committed to ensuring the quality of the equipment it provides customers, it has developed its own stan-dard operating procedures for inspec-tions.

Contractors who purchase their own

! Checking the overall condition of the hose body

Pre-use inspection

From the United Rentals Guide to Trench Safetywww.unitedrentals.com

Check equipment before installation andat least daily when in use.

If the competent person lacks suffi-cient experience, that’s a problem. Safety systems from different vendors may not all work exactly the same, or an excavation may require a different type of shoring. That’s why it’s better to desig-nate an experienced worker or supervi-sor who has seen many of these as the competent person.

Tschepl said many contractors make a mistake when choosing the competent person in charge of excavation safety. “You don’t want to make the newest guy on your crew the competent person, but that happens all the time. That person may not understand the weight of the re-sponsibility that they have,” he ex-plained. “It’s the responsibility of the com-petent person to ensure that people who are working in excavations are safe.”

Good training is also essential when it comes to safety inspections. In its trench safety classes, United Academy, the training arm of United Rentals, teaches participants how to inspect shor-ing and shielding equipment and identify potential problems. D

check of the pressure on hydraulic shores and checks for leaks anywhere in the system, including the hose and the hose connections. If the contractor is us-ing trench boxes, the competent person should do a visual inspection to check for deflections and cracks.Choosing a competent person


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