CLA Construction Blog, Authored By: Michael Westervelt, Principal, CLA

It always amazes me the infinite possibilities that we encounter every day. Each decision results in new opportunities and challenges. Minor decisions that we think little of could have significant implications. When setting off on any journey, it is important to plan out your path and try to mitigate obstacles, so you do not lose your way. Yogi Berra put it well when he said, “You’ve got to be very careful if you don’t know where you are going, because you might not get there.”  

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March 9, 2022

9:30am - 11:00am PT
12:30pm - 2:00pm ET

This leadership training program provides practical lessons for field leader improvement. Created to make an immediate impact on field operations, this program is designed to help Foremen, General Foremen & Up-and-Coming Leaders to understand and accept the role of leader, manager and professional in representing their company. Key lesson plans and action steps for improved performance include:

• Effective Communication for Loyalty and Results

• How to Motivate with Positive Reinforcement

• Improving Safety Practices and Employee Mindset

• How to Improve Quality and Reduce Rework

• Goal Setting for Higher Production

• How to Maximize Teamwork and Accountability

This 90-minute virtual program is concrete and powerful in its immediate relevance for foremen to adopt new methods and behaviors. In a highly competitive market, the best practices get the best results. This program is for lead men/women, foremen, superintendents and other field leaders or managers.

Register

CLA Construction Blog, Authored By: Joey Desiderio, CLA Search Consultant – Construction & Real Estate

Interviewing. Ugh! Neither side feels particularly comfortable doing it but if you want to hire someone, it’s the only way.

Luckily, I’m here to tell you that not only can interviewing be an easy, relaxed conversation, but in today’s market, a more conversational approach to interviewing is now required. Think about it: if you have a job and you’re happy, why would you willingly sign up to be grilled by a potential employer you don’t even know? 

Read more on CLA's Construction Blog

Legislators will debate how to repay the depleted Unemployment Insurance Trust Fund this legislative session. But businesses shouldn’t be penalized and taxed to repay the state’s unemployment debt while still recovering from the COVID-19 pandemic. Especially when federal and state funds were and are available to cover this pandemic-related expense.

Download the fact sheet

We are excited to announce plans for our LIUNA Career Fair Saturday Dec. 11, 2021 (10 AM to 1 PM) at the Laborers Training Center, LINO LAKES MN. The event is geared to younger demographic including students and workforce groups. In addition, we are certainly interested in talking to experienced workers as well with a variety of work experience. REGISTRATION: We would appreciate a quick registration on the eventbrite page for those planning to attend. Not required, but appreciated.

Event Brite page: LIUNA Career Fair - Construction

LIUNA CAREER FAIR
2350 Main Street, LINO LAKES, MN
Free Lunch provided to all attendees, vendors, contractors.
Event time: 10 AM - 1PM CST

Download the flyer (PDF)

from North Risk Partners

On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) announced its Emergency Temporary Standard (ETS) to address mandatory COVID-19 vaccination and testing for the workplace. The ETS requires affected employers to comply with most provisions by Dec. 6, 2021, and with its testing requirements by Jan. 4, 2022. Affected employers include private employers with 100 or more employees (firm- or company-wide count). State plans will have 30 days to adopt the federal ETS or implement their own vaccination standard.

Federal Court Blocks OSHA COVID-19 Vaccination and Testing ETS

On Saturday, Nov. 6, 2021, the Fifth Circuit Court of Appeals ordered a temporary stay on the ETS. The order effectively prevents enforcement of this ETS until a final decision regarding the legality of this standard is published. On Friday, Nov. 12, the Fifth Circuit affirmed its hold on the ETS.

According to an article by The National Law Review: 

This is not the end of the judicial review road for the vaccine rule. Challenges to the rule were filed in multiple federal circuit courts across the country. When there are multiple filings like these, a multi-circuit “lottery” system is utilized for purposes of consolidation and clarity. All of the appeals are consolidated before the circuit court selected in the blind lottery, which will then hear the challenge to the rule.

If the Fifth Circuit is not selected in the lottery, then another appeals court will have an opportunity to issue the controlling decision here (which could, among other things, lift the Fifth Circuit’s stay). After that, regardless of the outcome, the Supreme Court will likely have the final word.

Impact on Employers

While the temporary stay effectively prevents enforcement of the ETS until a final decision on the legality of the standard is published, the law has not been permanently delayed or vacated officially. As a result, affected employers should continue in their efforts to understand and prepare for compliance with the various provisions of the ETS. 

More guidance can be found in OSHA's FAQs. Employers of all sizes can also use this vaccination tracker (in Excel format). Zywave Client Portal credentials are required to access this document. Contact your North Risk Partners risk advisor if you require help accessing your portal.

Questions?

Speaker Pelosi’s revised deadline of Oct. 31 for the House to pass the $1.2 trillion bipartisan infrastructure bill came and went without action. The showdown between President Biden / Speaker Pelosi and the Congressional Progressive Caucus continues to hold up passage of the Bipartisan Infrastructure Bill (BIF), passed in a bipartisan basis in the Senate in August.

After a much-publicized trip to the Hill by the President, a pared down $1.75B Build Back Better (BBB) Act framework was released and was endorsed by the House Democratic progressives subject to seeing a full draft. As the full draft was not ready for release, the President left for Glasgow for the COP21 climate change summit empty handed.

Read the full report

MCTC Provides Time for Educators to Learn, Share

The inaugural Minnesota Construction Teachers Conference (MCTC) was a hit. Seventeen educators, with a focus on construction and related trades, came to the two-day conference, held September 30 and October 1, ready to learn and network.

PBM Explorers Post Update

Fall is here but that is not slowing down the intrepid Explorers Post. Project Build Minnesota will be joining its Explorers as they tour a commercial construction project by Bauer Design Build on Saturday, October 16, in Maple Grove.

Looking for new employees? Check out the updated PBM's Employer Connect

Have you checked out our Employer Connect feature lately?

Read the full newsletter

Thursday, Oct. 7 11:00 a.m. – 12:00 p.m. CT

This webinar will cover:

• New regulations from OSHA
• Existing OSHA regulations that continue
• OSHA rules for health care and non-health care employers with
  100+ employees
• OSHA rules for employers with less than 100 private sector employees
• OSHA general duty clause that covers all private sector employers
• Mandatory vaccine policy and exemptions vs. non-mandatory policy and the pros and cons in light of new OSHA rule
• Federal OSHA vs. state OSHA
• Employer rights to discipline for non-compliance by employees

Webinar presented by:
Mike Bourgon & Gretchen Thompson
Employment & Labor Law Attorney & Sr. HR Generalist
Synergy Human Resources

REGISTER

Presented by:

Exploring: PBM Style

Do you know a young person who is interested in building? Loves to try new things? Project Build Minnesota (PBM)’s new Explorers Post might be the perfect fix for them...

MN Construction Teachers Conference Accepting Registrations

Project Build Minnesota is looking forward to welcoming teachers from all over the state for the inaugural Minnesota Construction Teachers Conference, Sept. 30 and Oct. 1.

PBM 2nd Annual Golf Tournament a Success

It was a great day on the golf course for Project Build Minnesota’s second golf tournament. Nearly 60 golfers came out to Willingers Golf Club in Northfield on August 19.

Looking for new employees? Check out the updated PBM's Employer Connect

Have you checked out our Employer Connect feature lately?

Read the full newsletter

Free Webinar: Vaccines in the Workplace

Monday, September 20 | 12:00 p.m. – 1:00 p.m. CT

In today’s labor market, what are the pros and cons of encouraging or requiring a vaccinated workforce? Join us and hear from real companies who are implementing different approaches and best practices to the vaccine and keeping workers and customers healthy.

Additionally, we’ll share details of President Biden's Emergency Temporary Standard for all businesses with 100 or more employees that requires workers to either be vaccinated or test weekly for COVID-19.

This webinar is brought to you free of charge thanks to DeWitt.

Register Now

Employee Handbook Revisions: Required & Recommended

Thursday, July 29 | 11:00 a.m. – 12:00 p.m. CT

This webinar will cover:

• How to avoid unintentional legal contract issues
• Critical legal compliance requirements 
• Trending HR best practices
• New handbook considerations from the Biden administration
• Need for companies to review all policies that may require changes
  based on recent national government agency guidelines such as EEOS, DOL, NLRB, OSHA involving safety, social media, privacy, harassment, and discrimination
• Consistent application of all policies to avoid setting a new precedent 
• The mechanics of communication, how to distribute, sign off on the acknowledgement, and legal signature 
• Sample acknowledgement and sample master list of what should be included and/or considered

Webinar presented by:
Gretchen Thompson & Connie Voorhees
Sr. HR Generalists & Consultants
Synergy Human Resources

Register Now

2022-2024 Proposed DBE Goals Public Hearings

The Minnesota Department of Transportation invites public comment on the proposed statewide

goals for Disadvantaged Business Enterprise participation in highway and transit contracts for federal fiscal years 2022‐2024.

The DBE program is an affirmative action program intended to level the playing field by providing contracting opportunities for small businesses that are owned and controlled by socially and economically disadvantaged individuals.

MnDOT is required by the Federal Highway Administration and Federal Transit Administration to set statewide goals for disadvantaged business participation in federally funded projects over the next three years. The proposed FHWA and FTA goals will be posted on August 2, 2021, visit http://www.dot.state.mn.us/civilrights/dbe-goal.html. 

Two virtual public hearings are scheduled on the following dates to discuss the goals and methodology and receive public comment:

• Aug. 17, 2021
  2 - 4 p.m.
  Join via Zoom
• Aug. 18, 2021
  9:30 - 11:30 a.m.
  Join via Zoom

The statewide goals and executive summary will be made available for public inspection Aug. 2 ‐ Sept. 2, 2021, from 8 a.m. to 4:30 p.m., at the Minnesota Department of Transportation, 395 John Ireland Blvd, St. Paul, Minn. and http://www.dot.state.mn.us/civilrights/dbe-goal.html. Public comments will be accepted until 4:30 p.m., Sept. 2, 2021.

Written comment may be submitted to:

Minnesota Department of Transportation
Office of Civil Rights
Attn: Sean Skibbie, Interim Director 
395 John Ireland Blvd, M.S. 170
St. Paul, MN 55155 

Or 

Attn: Sean Skibbie, Interim Director
OCRFormSubmissions.DOT@state.mn.us

With questions, please contact Andrea Robinson at andrea.robinson@state.mn.us

Webinar | Friday, May 21, 2021 | 8:45 – 10:15 AM

CSDZ is partnering with the Minnesota Construction Associations for this webinar. Mental health is an invisible crisis in construction. Nationally, in construction, more workers die annually by suicide than by all occupational injuries combined. Learn how a culture of caring and wellbeing can reduce the underlying conditions and risks associated with mental health. This webinar focuses on WHY these topics are imperative for construction leaders at all levels. Learn what you and your organization can do to promote mental wellbeing and reduce the risk of suicide among your workforce and the construction industry.

Learning Objectives: Demonstrate how to break the stigma of mental health and suicide; Illustrate why mental health, substance misuse and suicide prevention are workplace issues; Identify the industry and demographic risk factors that lead to suicide; Highlight action steps to address these issues in your organization.

Bring Your Team - Participants are encouraged to invite leaders within your organization to learn how to address mental health and suicide prevention, including Field Operations, Safety Leaders, Risk Managers and Human Resources.

Presenters: Cal Beyer, CWP; Scott Staffon, CSP; and Dan Etzel, CRIS with CSDZ.

Learn more and register

Don't Wait to Register for a MUCA Virtual Training!

Handling OSHA Inspections

Register Now!

When:

Monday, May 17, 2021 from 1 – 2:30 PM Central Time

Description:

An OSHA inspector arrives at yor job site just before lunch on a Monday.  This was not the way your crew was planning to start its work week. 
 
In this presentation, your Project Managers, Safety Director, Foremen, Superintendents, and Owners will learn: 

• What are the first five things that I do if OSHA shows up on-site? 
• Can I get a lawyer involved and, if so, what are the advantages? 
• How do I handle witness interviews of management employees and non-management employees? 
• Do I agree to be audio recorded when OSHA interviews me? 
• What steps can I take during the Opening Conference and walk-around with the OSHA inspector to put my company in the best possible light? 
• About 70% of OSHA inspections lead to Citations. 

By attending this seminar, you can learn how to be in the 30% group of employers who do not receive OSHA Citations even if OSHA conducts a site visit. 
 
Also learn during this seminar how your company’s safety record impacts your insurance premiums, your company’s ability to bid work, and your company’s ability to be pre-qualified. 

Speaker:

Aaron Dean, Moss & Barnett

Aaron Dean of Moss & Barnett has handled more than 300 OSHA cases in 22 States, including more than 30 fatality cases.  Mr. Dean has had two trials against MnOSHA in 2021 and routinely handles fatality, serious injury, and non-injury cases.  Mr. Dean also recently secured the complete dismissal of a fatality Citation issued by MnOSHA.  Mr. Dean is a construction lawyer and is licensed to practice in Minnesota, North Dakota, and Wisconsin.  He regularly handles about 10 trials per year.

Fees:

Members - FREE
Non-Members - FREE
*MUCA Members can use 1 Training Credit per Employee for this event. 

Register Now!

Worker Wellbeing Webinar Series 

Breaking the Stigma Barrier

Mental Health Awareness and Suicide Prevention in Construction

 Join CSDZ and the MN Construction Community on Friday, May 21

8:45 am - 9:00 am (CST): Login & Administrative Details
9:00 am - 10:15 am (CST): Webinar Presentation 

Register Now

CSDZ is teaming with the Minnesota Construction Community on this very important topic of Mental Health and Suicide Prevention in Construction.  

CSDZ is partnering with the following Minnesota Construction Associations for this Webinar:  Aggregate and Ready Mix Association (ARM), American Council of Engineering Companies (ACEC), American Institute of Architects (AIA), Associated General Contractors (AGC), Association of Women Contractors (AWC), Concrete Pavement Association (CPA), Construction Financial Management Association (CFMA), Minnesota Asphalt Pavement Association (MAPA), Minnesota Builders Exchange (MBEX), Minnesota Utility Contractors Association (MUCA), Sheet Metal, and the Air Conditioning & Roofing Contractors Association (SMARCA).

In addition, The Minnesota Building and Construction Trades Council is also participating with CSDZ for this webinar. The MN Trades Council consists of 15 trades and 48 affiliated local unions representing 70,000 workers in Minnesota.

Webinar Overview 

Mental health is an invisible crisis in construction. Nationally in construction, more workers die annually by suicide than by all occupational injuries combined. Learn how a culture of caring and wellbeing can reduce the underlying conditions and risks associated with mental health. This webinar will focuses on WHY these topics are imperative for construction leaders at all levels. Learn what you and your organization can do to help promote mental wellbeing and reduce the risk of suicide among your workforce and the construction industry. 

Learning Objectives

• Demonstrate how to break the stigma of mental health and suicide.
• Illustrate why mental health, substance misuse and suicide prevention are workplace issues.
• Identify the industry and demographic risk factors that lead to suicide.
• Highlight action steps to address these issues in your organization.

Bring Your Team 

Participants are encouraged to invite leaders within your organization to learn how to address mental health and suicide prevention, including Field Operations, Safety Leaders, Risk Managers and Human Resources. 

After registering, you will receive a confirmation email containing information about joining the webinar.

Click here to view system requirements

Presenters

Register Now

Second Committee Deadline

The second legislative committee deadline was midnight on Friday, March 19. Committees must have acted favorably on policy bills, or companions of bills, that met the first deadline in the other house. Bill’s that do not make this deadline could resurface as amendments to bigger bills or be part of final negotiations but are to be considered “dead.” Winnowing the number of bills in play is a method the legislature uses to narrow its focus to passing a budget and finishing its work in May.

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Learn More & Register Today!

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