August 31, 2020 CONNECT WITH OCA  ON SOCIAL MEDIA.....    Featured Content   Make sure and check out the July/August issue of the Ohio Contractor Magazine - Click Here Highlights Include: •Commentary from OCA President, Chris Runyan •Surviving the Great Disappearing Act •COVID-19 Could Add to Industry's Already Dangerous Gauntlet •OCA Hall of Fame Scholarships News ODOT to Require GoFormz for Local Let LPA Projects – Prompt Payment, DBE Goal Attainment, CUF and Retainage Beginning October 1, 2020, all advertised ODOT Local-let LPA projects will be required to utilize GoFormz to track prompt payment, DBE goal attainment, CUF, and retainage. LPA’s and construction consultants (if applicable) will complete all CUF reviews and Prime Contractors will complete prompt payment, DBE goal attainment, and retainage reporting using the GoFormz application. The Department will be conducting seven virtual trainings (all providing the same information) in order to help end users understand the new requirements for federally-funded Local-let projects and the GoFormz application. Please see the LTAP link below for further details and to register for the training. https://register.gotowebinar.com/rt/3299868999545028878 DOL Releases Guidance on Teleworking Arrangements Clarifies Employers’ Obligations to Track Compensable Hours With telework arrangements expanding in response to the coronavirus pandemic, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2020-5 to clarify an employer’s obligation to track the number of hours of compensable work by employees who are teleworking or otherwise working away from premises controlled by their employers. In a telework or remote work arrangement, the question of the employer’s obligation to track hours actually worked for which the employee was not scheduled may often arise. While the guidance issued responds directly to needs created by new telework or remote work arrangements that arose in response to COVID-19, it also applies to all telework or remote work arrangements. Employees working more flexible schedules to accommodate the interruptions of life in a pandemic can prompt questions for employers. FAB 2020-5 reaffirms that an employer must pay its employees for all hours worked, including work not requested but allowed and work performed at home. If the employer knows or has reason to believe that work is being performed, the time must be counted as hours worked. Confusion over when an employer “has reason to believe that work is being performed” may be exacerbated by the increasing frequency of telework and remote work arrangements since the Department last issued interpretive rules in 1961. These arrangements have expanded significantly in response to the COVID-19 pandemic. Accordingly, WHD believes that it is appropriate to clarify this issue. WHD provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked under the FLSA and job-protected leave under the FMLA at https://www.dol.gov/agencies/whd/pandemic. For OCA-provided resources on FFCRA and other coronavirus-related matters of significance to construction employers, visit the COVID-19 Resources Section on the OCA’s website. Register Now for Sept. 17 Safety Event in the OCA Parking Lot Approximately 3 years ago, OCA’s Safety Committee took up the issue of hazardous conditions created when raised truck beds or equipment booms strike overhead powerlines and/or bridge structures. Many of our contractors developed their own warning devices to alert drivers and equipment operators. Some of the devices were called into question by ODOT as not being compliant when used in traffic control work zones. The Safety Committee got to work and developed a warning device that is complaint with the requirements of FHWA, ODOT, and OSHA. After several years of coordinated efforts, we now have the OVERHEAD HAZARD WARNING DEVICE. We are extremely appreciative of our friends at the Ohio Laborers Employers Cooperative Educational Trust (LECET) who agreed to fund the initial supply of the devices. We have 500 units on hand and will distribute them to OCA contractor members at our roll out safety event in the OCA parking lot on September 17th. OCA members must pre-register to indicate how many people will be attending, and how many devices you would like to have. We will distribute the devices fairly based on pre-orders from the initial stock of 500. We encourage all OCA members who want the overhead warning devices to attend the event. If you want to order the device, but cannot attend the roll out event, please register and indicate no one attending, but indicate the number of devices you would like to have. We will make sure those who could not attend receive their devices. The event is being held in conjunction with National Construction Safety Week and will begin at 10 am with opening remarks by invited guests from ODOT, FHWA, OSHA and LECET, and OCA. Please CLICK HERE to register.                                               If you have any questions about the event, please contact Mark Potnick in the OCA office. Chapter Updates: Southwest and Dayton Chapters Golf Outing recently held at Walden Ponds Golf Club The OCA Southwest and Dayton Chapters recently held a combined golf outing at Walden Ponds Golf Club. A great day was had and we appreciate those who supported the event by golfing and sponsoring! Several contest winners were awarded with Longest Drive going to Neil Recker (hole 6) and Longest Putt going to Bobby Henderson (hole 18). Closest to the Pin was awarded to Tyler Geswein (hole 2) and Neil Recker (hole 12). Congratulations to the first-place team from Assured Partners: Mark Nelson, Chris Burger, Bobby T. Henderson and Bobby Henderson. Coming in second place was Werk-Brau Co., Inc. team of Neil Recker, Trevor Ballinger, Kyle Ruscher and Brian Nolan. We give a special thank you to our hole sponsors: A&A Safety, Inc. Bowser-Morner, Inc. CNA Surety Corporation Contractors Materials Co. Core & Main John R. Jurgensen Co. Murphy Tractor & Equipment Co., Inc. Ohio CAT Prus Construction Co. Ritchie Bros. Auctioneers/Iron Planet Southeastern Equipment Co., Inc. The Harper Co. Tri-State Petroleum Corporation                                              Members will be receiving more information soon about the Southwest chapter Constructor for a Day program – which will be formatted to accommodate safe distancing practices. For more information about chapter events, contact OCA Director of Chapter Development Melanie Kitchen at [email protected]. Construction Safety Week – September 14-18, 2020 OCA, along with our national affiliate associations are encouraging members to participate in national Construction Safety Week on September 14-18, 2020. Construction Safety Week was initially started in 2014, when more than 40 national and global construction firms joined forces with a single aim: to inspire everyone in the industry to be leaders in safety. In 2016, Safety Week started to take shape as the fully integrated annual campaign with a growing number of members and sponsors that exists today. The focus points of the event are: » Thanking workers for supporting safety and recognizing their efforts to be injury free. » Increasing awareness of the importance of being committed to safety, every day. » Encouraging everyone to share best practices and to work together to strengthen the industry’s safety culture. » Conducting on-site safety awareness activities to support education On each day of the event there is a suggested topic to cover: • Monday, September 14: “Built on Safety” • Tuesday, September 15: “Focus on the Fundamentals” • Wednesday, September 16: “COVID-19 Safety” • Thursday, September 17: “Mental Health Awareness” • Friday, September 18: “Thank You, Workers” • However, participating companies are free to choose a topic outside of those prescribed. OCA has scheduled a safety-themed event in the OCA parking lot on September 17th during Safety Week. We are scheduling a publicity event and initial distribution of our new FHWA, ODOT and OSHA approved overhead warning devices, which were developed by our Safety Committee. Click here to get details and register for this event.                                             Safety Week planning resources for your company are available at the national website: https://www.constructionsafetyweek.com/planfor-safety-week/ There, you will find, promotional materials, including logo, letterhead, and PowerPoint templates; Daily topics, videos, and toolbox talks; Social media toolkit; Jobsite banners; At-home family activities, etc. OCA contractor members are invited to visit the Safety Giveaway website at: https://www.constructionsafetyweek.com/giveaway/. There, you will find information on how to shoot a video or photo (no longer than 1 minute) that represents what you do every day to be safe and why safety is important to you, your team and/or your family. Complete the submission form and upload your video or photo. Stay tuned during Safety Week when the top ten finalists and four grand prize winners will be announced. Submissions must be in by Friday, August 21 to be eligible. Please coordinate any submissions for your company with OCA’s Safety Department so we can monitor the results and publicize the success of any OCA members who may reach the finals or win. Thanks for your devotion to employee health and safety and good luck! If you have any questions about the event, please contact Mark Potnick in the OCA office. DOL ISSUES BACK-TO-SCHOOL FFCRA LEAVE GUIDANCE The U.S. Department of Labor’s Wage and Hour Division (WHD) published new frequently asked questions (FAQs) for workers and employers about qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) related to the reopening of schools. This guidance explains eligibility for paid leave relative to the varied formats and schedules schools have announced as they plan to reopen, including blending in-person with distance learning. WHD offers this information to explain the benefits and protections available under both the paid sick leave and the expanded family and medical leave provisions of the FFCRA. The FFCRA allows certain employees to take up to two weeks of paid sick leave and take up to 12 weeks of expanded family and medical leave, 10 of which are paid, for specified reasons related to COVID-19. An eligible employee can take both types of paid leave “because of a need to care for the employee’s son or daughter whose school or place of care is closed, or whose child care provider is unavailable, due to COVID-19 related reasons.” The FAQs issued today address whether employees qualify for paid leave when: • A child attends a school operating on an alternate day basis; • A parent chooses remote learning when in-person instruction is available; and • A school begins the year with remote learning but may shift to in-person instruction if conditions change. WHD provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked and job-protected leave under the FMLA at https://www.dol.gov/agencies/whd/pandemic. For OCA-provided resources on FFCRA and other coronavirus-related matters of significance to Ohio’s construction employers, visit OCA’s COVID-19 resources section on our website. If you have additional questions or concerns about the application of FFCRA requirements to your operations, please contact Mark Potnick in the OCA office via email at [email protected], or via telephone at (614) 488-0726. ODOT to Require CUF and Prompt Payment Forms on LPA Projects As part of ODOT’s Conciliation Agreement with the FHWA, prime contractors will be required to complete prompt payment forms on Local-let LPA projects. Chase Wells, Janet Treadway, and Tia Williams-Hayes will be conducting training on these forms on behalf of the ODOT’s Office of Local Programs and Division of Opportunity, Diversity, and Inclusion. It’s a one hour training geared for both LPAs and prime contractors as both will have to complete forms in the GoFormz application (CUF and Prompt Payment respectively). There are seven days available between September 1 and September 10 to accommodate schedules. The training will be run through LTAP and the link to register is in the attachment. LPA projects sold after October 1st will be required to follow these procedures. For more information, click here.               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: • September 15 – Morning » Click here to register.   • September 15 – Afternoon » Click here to register. • October 6 – Morning » Click here to register. • October 6 – Afternoon » Click here to register. • October 13 – Morning » Click here to register. • October 13 – 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  Upcoming Events Click here for current events Safety Talks Falls From Equipment - A Case Study 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