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November 9, 2020
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Featured Content
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COVID-19 Update - Stay Vigilant on Your Work Sites!
Governor DeWine announced today (November 5) that Ohio is once again breaking records regarding COVID-19 cases and hospitalizations.
• Between yesterday and today, health officials have reported a total of 4,961 new positive coronavirus cases in Ohio, the highest number of new cases in a 24-hour period to date.
• There are currently 2,075 patients hospitalized with COVID-19 which is a 55 percent increase in hospitalized patients compared to two weeks ago.
• Of the hospitalized patients, 541 people are in intensive care. The previous record for intensive care admissions was 533 in April.
Now is not the time to let down our guard regarding the Covid-19 pandemic. As an essential business, construction marches on, and as we approach the end of our work season, we have many pressing issues such as schedules, weather, and materials to consider. One of our most critical considerations must be ensuring continued adherence to strict protocols designed to help prevent the spread of COVID-19 on our jobsites.
New health data compiled by the Ohio Department of Health revealed today that all 88 counties in Ohio are now considered "high incidence" as defined by the Centers for Disease Control and Prevention.
"There have been so many cases in the past two weeks that the risk of catching this virus in every county of this state is very real and very concerning," said Governor DeWine. "Again, I ask everyone to recognize their personal responsibility in slowing the spread of this deadly disease. It's up to every citizen in Ohio to choose to slow the spread by wearing masks, distancing, and making overall smart decisions."
A county-by-county breakdown outlining the presence of COVID-19 in all of Ohio's 88 counties can be found on the Ohio Public Health Advisory System's website.
As a reminder to OCA members, we are providing the following link to Ohio’s mandatory operating requirements for construction operations. https://coronavirus.ohio.gov/static/responsible/Manufacturing-Distribution-Construction.pdf
It is OCA’s goal to report that our members and the construction industry are not part of the problem when it comes to COVID- 19, but because of our vigilance, part of the solution! Thank you for your efforts to deal with and work through this difficult pandemic.
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2020 Election Recap - Updated
Some takeaways from the election, focused on Ohio results:
- There were no surprises in Ohio’s Congressional contests as all the incumbents were re-elected for another two-year term.
- While Republicans still hold a majority on the Ohio Supreme Court, the Democrats picked up a seat with Justice Judi French losing to challenger Jennifer Brunner. This puts the court at a 4-3 split.
- Many pundits expected the Republican majority in the Ohio House to decrease but, the exact opposite occurred. The Republican majority gained three seats expanding its supermajority to 64 of the 99 seats. One race of note was in the 16th House District in Lakewood where Republican Rep. Dave Greenspan was defeated. Rep. Greenspan served as Chair of the House Finance Transportation Subcommittee and as Co-Chair of the task force reviewing future -transportation needs. Rep. Greenspan has extensive knowledge on Ohio’s transportation policy and his expertise will be missed.
- With a margin of 41 votes, Senator Stephanie Kunze is expected to retain her seat in the Ohio Senate. If that margin holds, combined with the defeat of Democrat Senator Sean O’Brien, Republicans will expand their supermajority in the Senate to 25 of the 33 seats.
- Due to term limits or other reasons, there will be 14 new legislators in the Ohio House. Twelve of these seats were retained by Republican candidates with the remaining two staying in Democrat control.
- Of the six newly elected Republican members of the Ohio Senate only two, current Ashtabula County Commissioner Sandy O’Brien who defeated Sen. Sean O’Brien and Jerry Cirino a Lake County Commissioner who was elected to the seat vacated by term-limited Sen. John Eklund, are newcomers to the Ohio General Assembly. The other four - Niraj Antani, George Lang, Mark Romancuk, and Bill Reineke - previously held seats in the Ohio House.
If you have any questions or would like information about your specific legislators, please contact OCA Legislative Director, Michelle Holdgreve, at [email protected].
Only 14 Days Left to Register for the 2020 Winter Conference
Conference Agenda Highlights: (Full Agenda)
» Lt. Governor Jon Husted (Invited)
» ODOT Session
» AGC CEO Steve Sandherr
» Workforce Development Panel
» Heavy Highway Equipment Technology
» Ethics - "What Would You Do"
» Plus much more...
There are Still a Few Sponsorship and Exhibit Opportunities Available
With the OCA Winter Conference going virtual in 2020 there are a number of new opportunities for you to share your message with an anticipated 400+ attendees to this new and engaging event. Logo banners (sold out) in the virtual lobby, booth space in the live and interactive exhibit hall (selling fast), conference sponsor (available) and co-sponsor (sold out) exposure, and even more exciting video ads/promos before each breakout session. Time is running out so don't delay. Make sure your company is front and center at the OCA Winter Conference.
Court Rules No OT for Commuting in Company Vehicle
A federal court judge for the Northern District of Ohio ruled that a company did not have to pay overtime to a group of workers for time commuting to and from the work site in company trucks and for performing certain activities before and after work.
The case originated as a Fair Labor Standards Act case. The employer is open shop with 70 facilities in 19 states, mostly east of the Mississippi River. It has an office in Northeast Ohio.
The company provides temporary traffic control services at work sites. The employees drive to and from work sites in pickup trucks provided by the company. The vehicles are equipped with rooftop lights and display the company’s logo. The employees are paid only for work performed between the time they arrive at and leave the job sites.
The plaintiff employees were required to perform pre- and post-trip vehicle inspections, fuel the trucks, and transport their equipment and co-workers in the company trucks to and from the job sites. The plaintiffs sought to have the time spent doing these activities count toward the hours worked in a week.
In the lawsuit, the plaintiff employees contended they could not perform their job duties as traffic control specialists without performing these tasks.
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ODAS Announces New Platform for Supplies and Service Contracts
The Ohio Department of Administrative Services has announced a new platform for suppliers and bidders to conduct procurement activities with the State of Ohio called Ohio|Buys. If you are interested in opportunities to supply goods and services to the State of Ohio, Ohio|Buys provides an online shopping experience for State agencies to solicit quotes and purchase contract and off-contract items from Suppliers. For more information, click here.
Call for Topics - Conaway Conference
The Conaway Conference will be held virtually in 2021 on March 2nd through 4th. If you or someone from your company would like to present, please submit a brief description of the topic to be covered. If you have an idea for a presentation you would like to see, please send it in as well. Either way, please get it to Chris Engle by November 20.
ODOT Announces DBE Trucking Disclosure Affidavit - Begins January 1, 2021
As the final measure to close out the FHWA Conciliation Agreement regarding ODOT’s DBE Program, ODI will ensure that Prime Contractors are monitoring DBE trucking/hauling operations on projects with federal funding. ODOT is proposing the creation of a Trucking Disclosure Affidavit. This form will be completed by the Prime Contractor along with each pay estimate and will affirm DBE and non-DBE trucking utilized by each DBE firm performing those duties during that pay estimate period. ODOT is proposing to monitor trucking (updating PN007) with the following requirements for all ODOT-let projects bid after January 1, 2021. The requirements may be found here.
Dealing With Politics in the Workplace
by Bob Dunlevey and Nadia A. Lampton
Taft/Law
Our country’s contentious political environment is not likely to end soon.
Unfortunately, this charged atmosphere can find its way into the workplace quickly and
can create considerable friction and unrest among employees. In time, productivity
suffers and claims of harassment, bullying and even discrimination can be spawned. So,
employers must take action now to establish, publish, and fairly enforce effective policies
to curb unacceptable conduct and, at the same time, to understand what employee
political activities may be legally permissible in the workplace.
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Ohio Supreme Court Affirms Centralized Local Tax Collection
Last week the Ohio Supreme Court upheld the validity of state laws that enable companies to opt in to a centralized system (The Ohio Business Gateway) where a business could pass along all local business income taxes it collects to the state, which then would distribute the funds to the cities and towns that impose local income taxes on businesses. More than 100 municipalities filed lawsuits arguing that the new system violates the “home rule” authority granted to them in the Ohio Constitution. The Court found that while municipalities have the power under home rule to levy income taxes, the General Assembly also has authority in the Ohio Constitution to limit local taxation which allows lawmakers to enact rules governing how to assess, collect, and distribute the business income taxes.
OCA along with a number of other groups representing business entities was part of a coalition advocating for this centralized tax collection and submitted amicus briefs to the Court in support of the law.
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Franklin County Engineer's Office to Share Upcoming Project Information at Nov. 19 Virtual Open House |
OCA members are invited to attend the Franklin County Engineer’s Virtual Contractor Open House on Thursday, Nov. 19 to discuss upcoming 2021 projects. The virtual event will be held from 2:00 to 3:00 p.m.
Please register in advance for this event: https://tinyurl.com/FCEO-Contractor.
Agenda for the program is:
• Welcome: Cornell R. Robertson P.E., P.S. – Franklin County Engineer
• Introductions
• Diversity & Inclusion
• Project Details
• Closing Remarks
If you do not have a Zoom account, please log on to www.zoom.com to create your free account. You may also download the Zoom app on your smartphone.
Please contact Scott Roe at 614-525-3052 or [email protected] with any question about the program.
Additional Overhead Warning Devices Available to OCA Members
OCA’s recent distribution event for the overhead hazard warning devices was a huge success. Our members are utilizing the devices throughout the state and reports coming into OCA are extremely positive.
Please be advised that we have approximately 35 units remaining from the initial order for distribution to OCA member contractors. If you wish to obtain any of the remaining devices, please contact Mark Potnick in the OCA office via email at [email protected]. We will arrange for pick up or delivery.
We have also proposed a second order to our friends at Ohio LECET and hope to have that budgeted soon. Please watch for a solicitation of orders that we will place in a future newsletter and on our website. We will base the size of our next order on the response from our members.
If you have any questions, please contact Kim Dillon or Mark Potnick in the OCA office.
OCA & Laborers' District Council Invite You to Nov. 17th Virtual Program
The Ohio Contractors Association and Laborers' District Council of Ohio would like to invite Eastern Ohio Chapter Contractors to a unique webinar, scheduled for Tuesday, November 17th at 9:00 a.m.
During the hour-long webinar, contractors will receive vital information to enable your business to win more projects.
Here's what you can expect to learn from this session:
* Laborers' Health & Safety Fund
* Fair Contracting Staff
* Apprenticeship Standards and Recruitment
* Training and Upgrading Opportunities
* Health and Pension Benefits Available
Click here for a program flyer and registration link. Please contact Vince Irvin at 740-504-2707 with any questions about the virtual program.
Worksite Traffic Supervisor (WTS) Prequalification Testing
On behalf of ODOT’s Division of Construction Management and Office of Roadway Engineering, the following additional sessions of Worksite Traffic Supervisor (WTS) Prequalification Testing are now open for registration:
• November 17 - Afternoon » Click here to register.
• December 1 - Morning » Click here to register.
• December 1 - Afternoon » Click here to register.
Click here to access the PDF flyer with recent updates.
Prerequisites – Do not register for WTS Prequalification testing until the prerequisites have been completed. Please see the online registration form and flyer for details.
Pre-registration is required for WTS Testing. Due to social distancing requirements per COVID-19, seating capacity is limited for each session.
Please review the important updates and new safety protocols as described per the links above.
Quick Links to On-line OCA Resources
• Current Ohio Contractor Magazine
• Safety Resources
• Labor & Employment Information
• OCA President's Commentary
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