June 22, 2020

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Notices to Industry – Reporting Funds Withheld from Subcontractor Payments & CRL Payroll Changes

ODOT’S Division of Opportunity, Diversity, and Inclusion has asked us to remind our members of a notice originally published on June 1, 2020. Effective immediately, the AASHTOWare Project Civil Rights & Labor (CRL) system includes functionality for prime contractors/payers to report the amounts withheld from subcontractors/payees for retainage or any other reason. For more information and details, click here.

In addition, ODOT will release AASHTOWare Project Civil Rights & Labor (CRL) version 4.3.1 on June 15, 2020 which will include:

     • Updates to Ethnicity, Craft & Labor Codes
     • Required payroll schema changes as a new feature for additional fields and logic to support Salaried Average Hourly Rate (SAHR)

For more information, click here.

OPWC Releases Update on Status of Funds 

The following is a message from the Ohio Public Works Commission (OPWC):

Our legislative leaders have been working to fund Ohio Public Works projects in a timely manner. The reappropriations bill is currently awaiting Governor DeWine's signature. This legislation contains what we call "old money" - previously released/active State Capital Improvement Program (SCIP) and Revolving Loan Program (RLP) funded projects (Rounds 33 and prior) and all active Clean Ohio projects (Rounds 14 and prior). Late last week, the House amended a bill, SB 4, to include one year's worth of funding for SCIP, RLP and Clean Ohio. This "new money" would fund the previously selected Round 34 SCIP and RLP projects and provide funding for Clean Ohio Round 15 (projects to be selected). This legislation still needs Senate concurrence. The Senate will be reconvening this week. The final step would, of course, be the Governor's signature.

The effect of a signed reappropriations bill will permit us to continue to pay bills on existing projects after July 1. Please recall that we are about to experience the annual fiscal year-end shutdown that closes out the current fiscal year and resets fiscal operations for the new fiscal year. Typically, this allows us to reopen our payment procedures about July 1 or within a few days thereafter. SB 4 will enable us to release the infrastructure SCIP and RLP project agreements on or about July 1. We will have them ready to go for release with the funded Local Transportation Improvement Program (LTIP) projects. Unlike previous years, considering we continue to telework and the short timeframe, we intend to make all project agreements with project official letters available on our website.

An enacted SB 4 will also permit us to proceed with the Small Government process. The intention is to allow applicants one week to review their individual composite scores, as we have provided historically, soon followed by the Small Government Commission's review and approval for a quick release of those project agreements as well. An enacted bill will also provide $3.5 million in funding for the Emergency Program. Lastly, the bill will fund a new Clean Ohio round.

Once we are assured of signed legislation - both the reappropriations bill and SB 4 - we will provide another communication with additional information.

City of Middletown Bridge Project Bid

The City of Middletown is re-bidding a bridge deck replacement project due to a low number of bidders on the original advertisement. Potential bidders can obtain a bid book by contacting Michelle Evans at 513-425-7935, or miche@cityofmiddletown.org. The drawings can be downloaded here: https://clouddrive.cityofmiddletown.org/url/efq6whm7bu4b3k2j.

Please contact Rob Nicholls at robertn@cityofmiddletown.org or (513) 425-7710 with any questions.

BWC Webinar - Accident Analysis - Why Should I Do It?

BWC is hosting a webinar titled Accident Analysis – Why should I do it? on Thursday, June 25 (1 to 2 pm). The webinar will explain basic elements of a written accident analysis program, the primary causal factors of accidents, and action steps that can be taken in analyzing accidents.

This webinar will be instructed by Lisa Houston, an industrial safety consultant specialist in BWC’s Columbus Service Office.

Additional information, including registration instructions, can be found in the attached flyer. We have also provided the July webinar series schedule for your information.

For more information or assistance when registering, contact BWC’s Kaylee Blevings at Kaylee.b.1@bwc.state.oh.us

Summer Update for Leave Eligibility Under FFCRA

Recently, the following was posed regarding the availability of Emergency Family Medical Leave Expansion Act during summer months:


If an employee has a school aged child that is out of school for the summer, but does not have anyone to care for the child at home, is he/she still able to utilize the Emergency Family Medical Leave Expansion Act? Can we recommend that he/she find a daycare or babysitter, since it is not related to COVID-19.


The key is whether schools, camps, childcare, etc. are not available due to the coronavirus, not just because an employee does not have childcare regardless of the coronavirus.

Under the FFCRA, paid sick leave and expanded family and medical leave include leave to care for one (or more) of your children when his or her school or place of care is closed or child care provider is unavailable, due to COVID-19 related reasons.

But keep in mind the guidance below from the DOL's Q&As, especially "childcare provider".

Q What is a “place of care”?

A “place of care” is a physical location in which care is provided for your child. The physical location does not have to be solely dedicated to such care. Examples include daycare facilities, preschools, before and after school care programs, schools, homes, summer camps, summer enrichment programs, and respite care programs.

Q Who is my “childcare provider”?

A “childcare provider” is someone who cares for your child. This includes individuals paid to provide childcare, like nannies, au pairs, and babysitters. It also includes individuals who provide childcare at no cost and without a license on a regular basis, for example, grandparents, aunts, uncles, or neighbors.

If you still have questions about the application of FFCRA extended employee benefits for the above or other employment situations, please contact Mark Potnick in the OCA office for assistance.

Department of Labor Compliance Assistance Webinar – June 25 – 1:00 p.m.

The U.S. Department of Labor will host a webinar on June 25 to discuss how the Department is helping workers and employers by reducing regulatory burdens and making it easier to understand and comply with the law. The webinar will also provide an opportunity for workers, employers, and state and local governments to ask questions and discuss how the Department can expand and improve access to its compliance assistance materials.

Additionally, OSHA issued new guidance on returning to work and reopening businesses. The guidelines provide general principles for updating restrictions originally put in place to slow the spread of the coronavirus. During each phase of the reopening process, employers should continue to focus on strategies for basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee training. Here’s the link: https://www.osha.gov/Publications/OSHA4045.pdf

WHAT: US Department of Labor Compliance Assistance Webinar

WHEN: Manufacturing and Construction
  Guest Speaker: Occupational Safety and Health Administration, Principal Deputy Assistant Secretary, Loren Sweatt    Thursday, June 25, 2020, 1:00 p.m. to 2:15 p.m. EDT
  Register at Link Compliance Assistance Webinar 2

This event will include U.S. Department of Labor Deputy, Assistant Secretary, for Policy Jonathan Wolfson. The webinar will be hosted by the Department’s Office of the Assistant Secretary for Policy and its Office of Compliance Initiatives. Attendance is free, but attendees must pre-register online. If you have questions, please contact Marisela Douglass at douglass.marisela@dol.gov.

House Committee Approves Multi-Year Transportation Bill

The House Transportation & Infrastructure (T&I) Committee June 18 approved in a party-line vote legislation to reauthorize the nation’s surface transportation programs. The bill would authorize $494 billion over five years, including $309 billion for highways (a 42 percent increase over current levels) and $105 billion (72 percent increase) for the public transit program.



OCA to Offer Mastering Virtual Meetings and Presentations Program June 25

Communicating virtually has recently become a key way we conduct business. Don't let a webcam and the inability to effectively present online derail your next project meeting or interview with an owner.

Register now for It's Not What You Say But How You Say It: Mastering Virtual Meetings and Presentations, presented by Anthony Huey. Anthony is President of Reputation Management Associates, national key-note presenter and consultant to numerous construction firms.

OCA will be offering this virtual workshop on Thursday, June 25 from 9 to 10:30 a.m. Cost is $150 per member and $250 per non-member. In addition to the live virtual training, all participants will receive a link to a two-hour pre-recorded video with additional presentation skills training, typically given in Anthony's live workshops.

Click here for the flier which contains additional details.

Register here, or contact Director of Chapter Development, Melanie Kitchen, at mkitchen@ohiocontractors.org or 614-488-0724 for more information. Once registered with OCA, all participants will receive an email confirmation and a second email closer to the event date, with information on how to access the virtual session link.

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.

• June 23 – Morning    » Click here to register.
• June 23 – Afternoon  » Click here to register.
• July 7 – Morning    »Click here to register. 
• July 7 - Afternoon  »Click here to register. 
• 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.
VIDEO: Work Zone Safety is Everyone's Responsibility

The vast majority of travelers take work zone safety seriously. I give them credit for doing their part. Yet the Ohio State Highway Patrol's (OSHP) job could be made a lot easier if everyone took responsibility for safety in Ohio Turnpike work zones.

How do I know this? I have only to look at the numbers. In 2019, OSHP reported there were 9,120 citations issued to Ohio Turnpike drivers in work zones. Of those, 7,440 customers were caught speeding and 406 were issued a ticket for not wearing a seat belt. Clearly, we can do better than this.

If everyone took responsibility, Troopers, roadway workers, tow truck operators and contractors would be safer. In 2019, 11 turnpike vehicles were struck by motorists in Ohio Turnpike work zones. Fortunately, no one was killed or hurt badly in 2019 but it has happened.

As you will see in the video below, work zone safety is of the utmost importance to long-time friends Mike Cole and Tim McCoy. They work full-time at the Ohio Turnpike's Amherst Building as a Roadway Maintenance Worker and Sign Shop Technician, respectively. We value their contributions as part of our Turnpike family.

But Cole and McCoy have even more in common—their sons—who grew up together. Jordan Cole and Cody McCoy are the best of friends who look out for each other and their Dads. What better Father's Day gift could there be?

BACK BY POPULAR DEMAND: Please watch the VIDEO to see a special story. Safety is priority one for this dedicated group of men.

Tell Your Teens: Students can Post their W82TXT Videos for a Chance at Cool Prizes

Our 3rd Annual W82TXT Teen Video Contest is timed to take place during the “100 Deadliest Days for teens,” which are the summer months between Memorial Day and Labor Day.

The AAA Foundation for Traffic Safety has discovered that teen drivers ages 16-17 years old are three times as likely as adults to be involved in a deadly crash during the summer.

By engaging teens during this critical time of the year, the videos your teens create and share on social media will raise awareness about risky driving behaviors.

Submitting a video is as easy as posting on social media. Simply create a post that includes your video (or a YouTube link to your video) and tag @OhioTurnpike. Be sure to include the hashtags #W82TXT and #OHTPKVideoContest.

Your teen's entry will be seen by their friends and ours! What better way to influence their peers to make safe choices while driving?

Three finalists will get to choose from these great prizes:

     • 12-Month Adobe Creative Cloud Subscription
     • Pocket Projector
     •Apple Watch
     • AirPods Pro
     • PlusUs LifeCard Power Bank
     • $250 Amazon Gift Card

The grand prize winner will also designate a booster club at their school to receive $500.

Click here to learn more about the contest and see last year's Top 3 videos.

Quick Links to On-line OCA Resources

•   Current Ohio Contractor Magazine
•   Safety Resources
•   Labor & Employment Information
•   OCA President's Commentary

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