September 14, 2020
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Update on the Temporary Traffic Maintenance Equipment Sales Tax Exemption

As previously reported, the Ninth District Court of Appeals upheld the Board of Tax Appeals' determination that Karvo Paving Co. did not have to pay use or sales tax on the traffic maintenance equipment it installed while performing ODOT contracts.

The Court of Appeals affirmance of the Board's determination that the traffic maintenance equipment is excepted from taxation under the facts of Karvo's case opened the door for contractors to seek a similar determination from the state tax authorities.

We have learned that several contractors have recently been told by a tax auditor for the Ohio Department of Taxation that the Department will follow the Ninth District Court's decision only for businesses in the four counties within the Ninth District's jurisdiction. This individual said the Department will treat businesses outside the Ninth District as they have in the past, with the traffic maintenance equipment being taxable to the contractor.

If you have received similar decisions or responses from the Department of Taxation, we would like to know about it. More importantly, and as we have advised in previous publications about the Court's decision, you should promptly seek advice from your tax or legal advisor so that you may timely protect your legal rights. 

The Ohio Contractors Association intends to approach the State Tax Commissioner about this apparent inconsistent application of state tax law and policy. It is important you let us know if you have received similar responses from state tax authorities.



News
Registration Opens for 2020 Construction HR and Training Professionals Virtual Conference
Pre-Conference Federal Construction HR Workshop Returns

Registration is now open for the 2020 Construction HR and Training Professionals Virtual Conference and pre-conference Federal Construction HR Workshop. The workshop is scheduled for September 23 and 24, with the full conference to follow on October 6, 7 and 8. The conference and workshop are regularly pre-approved for HRCI CEU credits as well as SHRM credits through self-submission after the conference. Updates on final HRCI CEUs will be shared soon.

AGC's “HR/TED Conference” this year provides three days of education and networking for HR, training, and workforce development professionals in the construction industry. Educational sessions for training professionals cover the most cutting-edge techniques in training and development currently in use and envisioned for the future in the industry. The HR sessions help HR professionals in the industry remain up to date and compliant with employment laws and best practices. Some sessions interest both HR and training professionals alike.

Attendees can expect to walk away from this year's conference with practical skills and knowledge that they can begin to implement immediately. Plus, they can take away insights from colleagues who face the same challenges they face every day. Some sessions will interest both HR and training professionals alike. Sessions for this year will include topics such as labor and employment law updates, compensation design, workforce management during a pandemic, mental health & wellbeing, and handling politics in the workplace.

Back by popular demand is the pre-conference Federal Construction HR Workshop which will be held two weeks before the full Conference and offered as an add-on option. Designed to help staff responsible for compliance on federal and federally assisted projects, this workshop provides practical information and best-practice advice from experts and peers experienced in the area. Included in this year's workshop is a two-part (beginner & advanced) Davis-Bacon and Related Acts training, which is also available for standalone purchase. Other session topics include “A Cross-Disciplinary Approach to OFCCP’s Heightened Focus on the Construction Industry” and “Federal Contractors' Ethics Obligations”.

General and specialty contractor staff, AGC chapter staff, and other professionals involved in workforce and professional development, education, human resources and training are invited to attend.

Click Here to Register

For more information, contact Claiborne Guy at 703-837-5382 or claiborne.guy@agc.org or Jo-Anne Torres at 703-837-5360 or jo-anne.torres@agc.org.

OCA: Building Construction Careers Employer Profile

With students returning to school, OCA is once again working to engage potential future workers.

As we communicate the opportunities available to them, we also need to have a ready resource to connect students to possible future employers – YOU!

We are preparing to launch an OCA: BUILDING CONSTRUCTION CAREERS Employer Profile page on our website. This page will serve as a link for prospective employees who are considering careers in our industry to find and connect with OCA member firms who welcome inquiries.

The page will be an alphabetical listing of companies who choose to participate. When a company name is selected, very basic employment-specific information – information provided by the company – will appear about the firm.

To make sure your company is included, click here for a fillable PDF for you, or your HR department, to complete and return to lpomeroy@ohiocontractors.org If you prefer to provide your information over the phone, contact Lynda Pomeroy at 614-488-2558!

Chapter Updates: Columbus Chapter Holds 3rd Annual Military Benefit

The OCA Columbus Chapter Military Benefit recently raised $6,000 for several organizations that support area troops. The benefit was held for OCA members and the community on Sept. 10 at the patio of Benny’s Pizza in Marysville.

Local band Down12, which includes guitar player and singer Pete Kinzer of OCA member Shelly & Sands, donated their time again this year to entertain the guests. Several OCA Columbus Chapter Executive Committee members also volunteered at the event to help make it a success.

Organizations that will receive a donation from the fundraiser are:

     • Wounded Warrior Project • American Legion Post #79 Marysville
     • Ohio Army National Guard Family Readiness Group
     • Union County Military Family Support Group
     • Veterans of Foreign Wars Post 3320 Marysville
     • American Veterans • Disabled American Veterans Marysville

We give a special thank you to our event sponsors including:   

     • Anderson Concrete Corp.
     • Buckeye Ready-Mix, LLC
     • DHDC Engineering Consulting Services, Inc.
     • George J. Igel & Co., Inc.
     • Hydro-Technologies, Inc.
     • K&K Systems, Inc.
     • Kokosing Construction Co., Inc.
     • Leavitt Group Midwest
     • Norwalk Concrete Industries
     • Paul Peterson Company
     • Prestress Services Industries LLC
     • Ritchie Bros. Auctioneers/Iron Planet
     • Shelly & Sands, Inc.
     • Yoder & Frey Auctioneers, LLC

The Chapter’s next event will be a sporting shoot, held this Thursday, Sept. 17 at Black Wing Shooting Center. For more information about OCA Chapter events, contact Director of Chapter Development Melanie Kitchen at mkitchen@ohiocontractors.org.


2020 Fallen Workers Memorial

Each year, the Ohio Bureau of Workers Compensation holds a memorial to honor those who have died in the performance of their work duties during the past twelve months. This year, the event was held virtually and was posted on The Ohio Channel’s website on September 3rd. OCA President, Chris Runyan was asked to provide a tribute at this year’s event. To view the memorial which lasts a little over 30 minutes and concludes with a reading of those who passed while performing their work duties, please click here.


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 safe 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.


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.

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.

OCA and Laborers’ District Council of Ohio invite Central Ohio Contractors to Oct. 13 Virtual Workforce Program

The Ohio Contractors Association and the Laborers' District Council of Ohio would like to invite Central Ohio Chapter Contractors to a unique webinar, scheduled for October 13th 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.


Hall of Fame Nominations and Distinguished Service Award Nominations

In recognition of outstanding service within the heavy/highway industry and our association, nominations are being accepted for the following professionals:

     • Hall of Fame (contractor members)
     • Distinguished Service Award (associate members)

Requests for nominations are solicited through chapter meetings and newsletters. Nominated candidates must meet the following requirements before being listed for election:

a) Must have 20 years of service to the construction industry.
b) Active with OCA at least 15 years, serving at least 15 years on: OCA’s statewide committees (contractor members) or any OCA committee (associate members)
c) Candidates should have contributed significantly toward the stated goals and purposes of the Ohio Contractors Association.

Candidates must be nominated by an OCA member. No more than two may be elected to the Hall of Fame and one elected for the Distinguished Service Award each year. A secret ballot will be used to select nominees. Awards will be presented during the virtual OCA Winter Conference. Deadline for nomination is October 16, 2020.

Please submit your nomination to David Rule at drule@ohiocontractors.org.

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:

• 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
 



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