July 13, 2020 CONNECT WITH OCA  ON SOCIAL MEDIA.....    Featured Content Mandatory Face Mask Policies in Ohio Not long ago, the only time most of us thought of wearing a face mask was at a Halloween Party. Oh, how times have changed! With recent spikes in new cases of the Coronavirus, some local governments throughout Ohio have implemented mandatory facial covering policies. Yesterday (July 7) Governor DeWine, during a press conference, ordered that effective July 8 at 6:00 p.m., anyone in a public space must wear a face covering if within a county designated as a “red” Level 3 Public Emergency by the Ohio Public Health Advisory System. In light of these recent developments, OCA has received multiple calls from members with the primary question or concern being whether our existing distancing and face mask policies, developed in concert with the Governor’s office, ODOT and the Ohio Department of Health will take precedent over local policies. Initially, it appears the mask policy issue will be a “moving target”, depending on increases and/or containment of new Coronavirus cases. To assist OCA members in navigating this changing landscape of regulations, we enlisted our labor attorneys, Bob Dunlevey and Nadia Lampton, of Taft Law to draft an informational guide on the latest face mask policies throughout Ohio. The article can be accessed here. We have also prepared a “Construction Industry Mask Exemption Letter” that can be prepared on company letterhead and made available to local governments who have implemented policies, and who may inspect your project sites. The letter can be accessed here. The OCA will continue to monitor this important issue and keep our membership advised of future developments and/or changes.                                News WEBINAR Thursday, July 16, 2020 at 2:00 p.m. E.T. CPWR-NIOSH-OSHA COVID-19 Webinar Series Contact Tracing -- How it's done, and how you can help Presented by: Richard Rinehart, Sc.D., Deputy Director, CPWR G. Scott Earnest, Ph.D., P.E., C.S.P., Associate Director for Construction, Office of Construction Safety and Health, NIOSH Scott Ketcham, Director, Directorate of Construction, OSHA CAPT Sara Luckhaupt, M.D., M.P.H., Medical Epidemiologist, NIOSH LCDR Corey Butler, M.S., R.E.H.S., Occupational Safety and Health Specialist, NIOSH Travis Parsons, M.S., Associate Director of Occupational Safety and Health, Laborers' Health and Safety Fund of North America As COVID cases rise across the country, the construction industry is looking for ways to prevent the spread of the disease on job sites. Join us for updates on resources available and to learn about contact tracing. During this webinar, Dr. Sara Luckhaupt and Corey Butler from NIOSH will describe how public health authorities use case investigation and contact tracing to respond to reportable communicable diseases, and LHSFNA's Travis Parsons will discuss how contact tracing is being used in the construction industry. Register Here Please be aware that the webinar platform enables 1,000 people to attend live; however, everyone who registers for the event will automatically receive the recording. Past Webinars Learn more about our recent webinars on COVID-19 and the construction industry, as well as webinars on a wide range of safety and health topics. FMCS UPDATE Notice of Enforcement Discretion Determination: Random Controlled Substance and Alcohol Testing July 6, 2020 On March 13, 2020, the President declared a national emergency under 42 U.S.C. § 5191(b), related to the effects of Coronavirus Disease 2019 (COVID-19). The Federal Motor Carrier Safety Administration (FMCSA) is aware that the motor carrier industry continues to experience operational disruptions caused by the COVID-19 public health emergency. As the Nation engages in a phased re-opening, the pace of return to normal operations will vary across the country. In some regions of the United States, motor carrier employers subject to controlled substance (drug) and alcohol testing under 49 CFR part 382 may be unable to comply with certain testing requirements due to the ongoing impacts of the emergency. In recognition of these barriers to full compliance in some locations, the Agency may exercise discretion to determine not to enforce the minimum annual percentage random testing rates for drugs and alcohol, and the requirement that each employer ensure that the dates for administering random drug and alcohol tests are spread reasonably throughout the calendar year, as set forth in 49 CFR 382.305(b)(1) and (2) and 49 CFR 382.305(k), respectively. FMCSA emphasizes, however, that employers capable of meeting these requirements must continue to do so. Employers must continue to select drivers at the required rate of 50 percent of their average number of driver positions for controlled substances, and 10 percent for random alcohol testing during the calendar year 2020. If a test is unable to be completed due to the COVID-19 public health emergency, the motor carrier must maintain written documentation of the specific reasons for non-compliance. For example, employers should document closures or restricted use of testing facilities or the unavailability of testing personnel. Additionally, employers should document actions taken to identify alternative testing sites or other testing resources. Similarly, employers who are unable to ensure that the dates for administering random controlled substances and alcohol tests are spread reasonably throughout the calendar year should document the specific reasons why they did not meet this requirement. For example, in addition to the lack of available testing facilities or personnel, there may be other factors, such as prolonged or intermittent driver furloughs due to the impacts of COVID-19. The Agency issues this Notice to assure employers unable to fully comply with the requirements identified above that we will provide reasonable enforcement flexibility during this unprecedented pandemic, while also meeting FMCSA’s core safety mission. This Notice is not intended, and should not be perceived, as suspending the current random testing requirements. This Notice pertains to employers’ noncompliance, during calendar year 2020, with the random testing requirements described above. The Agency may exercise enforcement discretion in connection with motor carrier investigations occurring in calendar year 2021. This Notice: 1. Acknowledges the current and anticipated disruptions to the administration of drug and alcohol testing caused by the COVID-19 public health emergency. 2. Considers the interests of public safety and the continuing need to free up medical supplies and facilities for the diagnosis and treatment of COVID-19. 3. Requires that employers who are capable of complying with 49 CFR 382.305(b) and 49 CFR 382.305(k) must continue to do so; and 4. Creates no individual rights of action and establishes no precedent for future determinations. To access the notice on the FMCS website click here. ODOT Clarifies Payroll Reporting Requirements for Salaried Supervisors OCA staff has been notified by ODOT’s Division of Opportunity, Diversity and Inclusion that ODOT is not requiring the reporting of salaried employees that are exempt from Prevailing Wage. There isn’t a change in reporting requirements. The changes to CRL just now allow for the reporting of the (rare) instance where a salaried employee (like a working foreman) ends up doing manual work for over 20% of their work week. This is the same as it always has been, CRL just didn’t allow for that salaried person to be entered in that way. If that were to happen, you would have the ability to enter in the person’s salary, along with whatever craft they were working in, and CRL will break up the salary into hourly wage. Worksite Traffic Supervisor (WTS) Prequalification Testing On behalf of ODOT’s Division of Construction Management and Office of Roadway Engineering, registration is now open for the following sessions of Worksite Traffic Supervisor (WTS) Prequalification Testing. • August 4 – Morning    »Click here to register.  • August 4 – 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. Looking ahead, additional sessions of WTS Testing will be announced during the next several weeks.                                  Quick Links to On-line OCA Resources •   Current Ohio Contractor Magazine •   Safety Resources •   Labor & Employment Information •   OCA President's Commentary  Upcoming Events Click here for current events Safety Talks Night Work Safety This email was sent to {#party.Email} because you are subscribed to the Ohio Contractors Association weekly e-Newsletter.  This email was sent by: Ohio Contractors Association, 1313 Dublin Rd, Columbus, OH 43215