$50 BILLION CLEAN WATER BILL INTRODUCED
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APRIL 2021
ECA
MAGAZINE
$50 BILLION
CLEAN WATER BILL
INTRODUCED
Page 10
INSIDE
President’s Message:
Mitigating Penalties for
Small Businesses
Executive Direction:
COVID Supplemental
Paid Sick Leave
Distracted Driving
Dangers
MEMBER SNAPSHOT
Tenna’s Total
Approach
ecasocal.org
ENGINEERING CONTRACTORS’ ASSOCIATION
ECA
Contents
MAGAZINE April 2021, Vol. 57, No. 4
Legal experts. 6 President’s Message Executive Officers
President – Garrett Francis
Trusted advisors Garrett Francis Vice President – Michael Prlich
Vice President Infrastructure – Dave Sorem
Fryman Management Secretary – Rita Vigil-Ferguson
to the construction Treasurer – Alan Ludwig
Affiliate Chair – Scott Salandi*
industry for over 8 Executive Direction
Directors
40 years. Ray Baca, Executive Director Michael Baker* Gus Madrigal*
Guy Barker* Kevin Malloy*
Scott Barnett Daniel Martin
10 Government Affairs Mladen Buntich Tim McHale*
Anna M. Carno* Anthony Niccoli*
Dave Sorem, Chair
Barry Corea* Brandon Pensick
Ryan H. Crosner* Dan J. Peterson*
13 ECA Member News Gene Glassburner Lou Rendon*
Kristion Grbavac Brendan Slagle
· Member Snapshot: Warren Hennagin* Elizabeth Torrez*
Tenna’s Total Approach Nic Waldenmayer*
*Denotes Affiliate Member
· Association Happenings
Administrative Staff
Executive Director – Ray Baca
17 COVID-Related Terminations Office Manager – Shelia Voss
Administrative Assistant – Paulina Pantoja
19 Crime Prevention Committees
Labor Rela ons Affiliate Committee
Public Works & Prevailing Wage Scott Salandi, Patriot Risk & Insurance
20 Safety Forum – Distracted Driving DIG Award Committee
Construc on Claims & Li ga on
Anthony Niccoli, AALRR
Stop Payment No ces 22 ECA Resources Safety Forum
Mechanics Liens & Payment Bonds Chair, Jordan Latimer, Ferreira Const.
Bidding & Bid Protests Legal Committee
OSHA/Safety Anthony Niccoli, AALRR
Construc on Contracts & Government Affairs Committee
13 Advertiser’s Index Dave Sorem, Mike Bubalo Const.
Front End Documents
ECA Magazine - Since 1976, your resource to news and Political Action Committee
Real Property useful information about ECA member services,
Scott Salandi, Patriot Risk
contractors, manufacturers, and suppliers in southern
California’s utility construction industry. Use it to help
Scholarship Committee
www.aalrr.com build your business future.
Garrett Richardson, Mission Clay Products
Engineering Contractors’ Association ·
Thomas W. Kovacich, Partner
John Simpson, Editor
Anthony P. Niccoli, Partner 714/937-5000 · Fax 714/937-5030 Email: Innovators@aol.com · Ph. 562/708-4601
2390 E. Orangewood Ave., Ste. 585
12800 Center Court Drive South Anaheim, CA 92806 P.O. Box 3384, Idyllwild, CA 92549
Suite 300 Email: info@ecasocal.org Industry Advancement Advocate– Bill Davis
Cerritos, California 90703 www.ecasocal.org
562-653-3200 ECA MAGAZINE (ISSN 0896-3169) serving Southern California construction, is published monthly at Anaheim, California, as the official
publication of the Engineering Contractors’ Association. It is intended for the dissemination of news of Association activities as well as
Cerritos | Fresno | Irvine | Marin information to the general construction industry in such matters as labor relations, government relations, legislative direction and
public relations. It is distributed throughout the 11-county Southern California area to contractors and suppliers with interests in sewer,
Pasadena | Pleasanton | Riverside pipeline, underground utilities, trenching, excavating and grading, tunnels, street and highway construction and related
Sacramento | San Diego engineering construction. Mail subscription requests to ECA Magazine, 2390 E. Orangewood Ave., Ste. 585., Anaheim, CA 92806.
Subscription rates are $1 per issue or $10 per year (12 issues including Directory & Buyer’s Guide issue). There is no charge for ECA
members or current advertisers. Graphic design and production by Innovators@aol.com.
E C A M A G A Z I N E 4 A P R I L 2 0 2 1
President’s Message
SB 430 – A Bill
To Make You
‘Feel Good’
By Garrett Francis, ECA President
Email: garrett@frymanmgmt.com
I
t's springtime in California, and
that means things are heating
up under the Capitol dome. A “feel-
good” bill to require state agencies
to establish policies to waive or re-
duce civil penalties and fines for
small businesses is moving steadily
through the California legislature.
Fresno Republican Senator Andreas Borgeas is the author
of Senate Bill 430. Borgeas, a former county supervisor, knows
how deeply the state's overreach on Covid-19 restrictions dam-
aged thousands of small businesses, with hundreds shuttered
in his Central Valley district.
“Small businesses and their employees are an essential
part of our economy,” said Senator Borgeas on March 22, after
the Senate Business and Professions Committee unanimously
approved the proposed law.
“The state of California must do everything in its power to
help them recover as they struggle to survive from this pan-
demic-induced recession,” Borgeas added. “Waiving and re-
ducing fines for small businesses is a significant step on the
pathway to economic recovery.”
SB 430 sailed through two Senate committees with unani-
mous approval in March. It is headed for Senate Appropriations
Committee approval this month, and if approved in the Senate,
it will go through the Assembly committee structure and a floor
vote.
‘Good News’ Two Years Away
The bill requires state agencies to establish a policy by Janu-
ary 1, 2023, that reduces or waivers civil penalties for violation
of a regulatory or statutory requirement by a small business. It
defines a “small business” that is all of the following:
! Independently owned and operated.
! Not dominant in its field of operation.
! Has fewer than 100 employees.
! Has average annual gross receipts of fifteen million dollars
($15,000,000) or less over the previous three years.
That definition would cover a lot of our construction compa-
nies. But, there's a kicker in the bill – “if the violation did not in-
volve willful or criminal conduct and did not pose a serious
health, safety, or environmental threat.”
So this is where the “feel-good” appellation comes in, at least
for contractors. Both California’s Occupational Safety and
Health Agency (Cal/OSHA) and the Air Resources Board
(CARB) fervently contend their regulations deal with “serious
health, safety, or environmental threats” and thus their rules
should be immune to the provisions of SB 430.
The bill would require the policy to include various factors the
state agency would consider when deciding whether to reduce
or waive the civil penalty. The bill would authorize the state
agency to update the policy to reflect current issues and condi-
tions affecting small businesses and the state agency. D
E C A M A G A Z I N E 6 A P R I L 2 0 2 1
Executive Direction
Senate Bill
95 Now Law
By Ray Baca
Executive Director
Email: ray.baca@ecasocal.org
O n March 19, Governor Gavin
Newsom signed a bill that cod-
ifies the supplemental paid sick
leave for employees stricken by
Covid-19 that he had, in part, cov-
ered with an executive order last
year.
This new law will be more extensive and expensive for Cali-
fornia employers than the federal provisions that ended Decem-
ber 31 or the governor's order, mainly covering food workers.
The bill, known as SB 95, is now state law under an emer-
gency clause and is retroactive to January 1. There are 28 sepa-
rate changes to existing labor law covered by SB 95 including:
! The measure covers all employers with 25 or more workers
10370 COMMERCE CENTER DR., STE. B200
RANCHO CUCAMONGA, CA 91730 (previous actions set the trigger at 500 employees).
! Authorizes the employee to determine how many hours of
COVID-19 supplemental paid sick leave to use, up to the to-
tal number of hours provided under the section, and speci-
fies that the employers shall make the supplemental sick
leave available for immediate use by the employee upon re-
quest.
! It caps the amount paid to $511 per day or $5110 for the two
weeks (80 hours) of supplemental sick pay.
! Employers must use the supplemental pay before activating
payments from existing sick pay benefits.
! Covers workers whose doctors told them to self-quarantine
and those who suffered from the disease.
! It also includes workers who had to stay home to help care
for a family member, as defined in existing law under subdivi-
sion (c) of Section 245.5 of the Labor Code
! Caring for a child, as defined by existing law under subdivi-
sion (c) of Section 245.5 of the Labor Code, whose school or
place of care is closed due to COVID-19.
! Attending an appointment to receive a COVID-19 vaccine,
! Experiencing symptoms related to a COVID-19 vaccine that
prevents the employee from being able to work
! Requires the Labor Commissioner to make publicly avail-
able a model notice for employers to display a poster regard-
ing COVID-19 supplemental paid sick leave. A hiring entity
may satisfy this requirement for workers who do not frequent
a workplace by disseminating notice through electronic
means, such as by electronic mail.
On the good news side of the ledger, an extension of the Fed-
eral payroll tax credit that was established in the Families First
Coronavirus Response Act (which was due to expire March 31)
now has a new end date—September 30, 2021, for eligible em-
ployers with 500 employees or less.
As well, we will see Memorandums of Agreement with our
various union partners extending current agreements.
You can read the bill as signed into law is at
https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml
?bill_id=202120220SB95 . D
E C A M A G A Z I N E 8 A P R I L 2 0 2 1
Government Affairs
$50 Billion
Clean Water
Bill Introduced
By Dave Sorem, P.E.
ECA Government Affairs Chairman
email: dave@bubalo.com
G ood news from the Clean Wa-
ter Construction Coalition,
ECA's national affiliate for action in
Washington—a bipartisan effort
from the House Committee on
Transportation and Infrastructure
would if passed, authorize $50 bil-
lion in direct wastewater infrastructure investment over the
next five years.
The proposed bill – “Water Quality Protection and Job Cre-
ation Act of 2021” – comes as the first significant action on infra-
structure by the new Congress. In an announcement March
16th, Peter DeFazio (D-OR), Chair of the committee, Grace F.
Napolitano (D-CA), Chair of the Subcommittee on Water Re-
sources and Environment, Representative Brian Fitzpatrick (R-
PA), a leading member of the committee from the minority party,
ezondlo@sullicurt.com announced the bill’s introduction.
The Clean Water Construction Coalition is listed as an early
supporter of this bill as it meets our funding level objectives for
the Clean Water SRF programs and more. Specifically, the bill
would authorize $40 billion over five years ($8 billion/year) in
wastewater infrastructure investments through the Clean Water
SRF, which provides low-interest loans, loan subsidizations,
and grants to communities for wastewater infrastructure.
These funding levels are approximately a four-fold increase
of $6.37 billion additional funding/year from current funding lev-
els ($1.63 billion/year). Recent national infrastructure needs
surveys for wastewater, combined sewer, and other stormwater
assets support these levels:
! Authorize an additional $2 billion for grants to municipalities
to capture, treat, or reuse sewer overflows or stormwater.
! Authorize new program funding for $2.5 billion in grants for
states to implement water pollution control programs.
Carno Law Group’s Practice Focuses ! Provide $1 billion for Clean Water pilot programs for water-
On The Following Areas: shed-based efforts to address wet weather discharges, pro-
Construction Law: mote stormwater best practices, undertake integrated water
Construction Disputes Both Public And Private resource management, and increase climate resiliency.
! Authorize $1 billion in grants for alternative water source pro-
Payment Disputes - Including:
jects, such as wastewater or stormwater reuse, to augment
Mechanics’ Liens the existing water supplies.
Stop Notice Claims and ! Provide $1 billion in Clean Water Act grants to municipalities
Bond Claims to implement treatment standards for PFAS and other
Licensure Issues emerging contaminants.
Bid Protest Issues ! Provide $2.5 billion in wastewater infrastructure assistance
Construction Defect Litigation to address the backlog of critical needs for Tribal Nations.
Surety and Insurance Disputes Sante Esposito, the CWCC's Washington Legislative Advo-
Business and Corporate Law: cate, has been in constant contact with Congressional leaders
General Business Litigation and staffers on this matter. CWCC is pushing for a “clean” bill to
Contract Drafting and Interpretation move to the Senate that focuses on funding these critical pro-
Business Formation grams and is devoid of attached issues that will erode the bipar-
tisan nature of the effort.
www.CarnoLaw.com (949) 540-0320 But, in his report to association members, Esposito noted, “It
Email: acarno@CarnoLaw.com is likely this bill will be bundled into a larger infrastructure pack-
24031 El Toro Rd., Suite 260, Laguna Hills, CA 92653 age” like President Biden's $3+ trillion plan. D
E C A M A G A Z I N E 10 A P R I L 2 0 2 1Engineering Contractors’ Association
Political Action Committee
ECA/PAC
Building ECA's Political Strength
Join the ranks of ECA’s elite membership and ensure ECA’s
political success as a Platinum Circle or Gold Key PAC Sponsor.
ECA’s Political Action Committee (PAC) supports state and local pro-job
candidates that value and champion the benefits of new infrastructure
development and ongoing infrastructure maintenance projects. We also
look to provide our political backing to candidates who understand and
support our ECA contractors, the construction industry and the men and
women of our workforce.
By becoming a Platinum Circle or Gold Key Sponsor you increase ECA’s
political strength, and help our association elect good candidates to public
office who will support the issues and causes important for advancing your
business, our industry, infrastructure, job creation and a strong economy.
Platinum Circle or Gold Key Sponsors benefits include:
Platinum Circle Sponsors
Mike Bubalo
$5,000 • Pla num Circle Recogni on Dinner Construction
o Preferred sea ng for 2
(Private Event) Mladen Buntich
• Recogni on as a PAC Major Sponsors at all ECA Events Construction Co.
• Recogni on on ECA Website Butier Engineering, Inc.
• Annual Shoot Out
o Event recogni on as a Pla num Circle Cadiz, Inc.
Sponsors
o Event Tickets 4 Shooters Ferreira Construction
• Annual Dig Awards Southern California
o Preferred Sea ng for 4 Group
(Event ckets must be purchased separately)
o Special Recogni on and Pla num Circle Lapel J.F. Shea Construction
Pin Presenta on held at this event
• Annual Installa on of Officers & Silent Auc on Trench Shoring
o Preferred Sea ng for 4 Company
(Event ckets must be purchased separately)
Gold Key Sponsors
$1,000 • Recogni on as a PAC Major Sponsors at all ECA Events Alcorn Fence Company
• Recogni on on ECA Website Fryman Management
• Annual Shoot Out
o Event recogni on as a Gold Key Sponsors Murray Company
• Annual Dig Awards Pascal & Ludwig Constructors
o Preferred sea ng for 2
Patriot Risk & Insurance
(Event ckets must be purchased separately) Services
o Special Recogni on and Gold Key Lapel Pin
Presenta on held at this event Rendon & Associates
• Annual Installa on of Officers & Silent Auc on Trench Plate Rental Co.
o Preferred sea ng for 2
(Event ckets must be purchased separately)
Trebor Shoring Rentals
www.ecasocal.org
2390 E. Orangewood Ave., Suite 585, Anaheim, CA 92806
(714) 937-5000
E C A M A G A Z I N E 12 A P R I L 2 0 2 1ECA Member News
Member Snapshot:
Beyond Tracking, Tenna
Offers Total Management
2021 Events
G oing beyond tracking,
ECA member Tenna
has become the construc-
tion technology platform
that revolutionizes equip-
ECA Events ment fleet operations.
will be posted Before the construction
technology boom, company
as soon as co-founders identified the
gatherings need for Tenna while working
together on a heavy civil
are again construction project and grew
permitted. to develop a total equipment
management solution for other
contractors with similar needs and pain points.
Now, Tenna specializes in construction technology including equipment tracking hard-
! ECA Board Meetings 1st
Wednesday each month, ware and related equipment management software platforms featuring both web and mobile
ECA offices application versions.
! ECA Safety Forum Since 2015 from Tenna’s headquarters in Edison, New Jersey, the company has built a
Meets quarterly, 10:00 a.m. staff throughout the entire U.S. representing customers not only here but in Canada, with
ECA office, lunch provided. capabilities to also service Mexico.
It is the company’s mission to develop great products and services that provide valuable,
Advertiser’s Index innovative solutions for the construction industry. Their vision is continually evolving, contin-
Alcorn Fence Co......................................23 ually enhancing their product lines and developing new ones.
Atkinson, Andelson, Loya, Ruud & Romo ..4 Tenna’s newest hardware devices include the TennaCAM – a safety dashcam – and the
Ayala Boring............................................19
The Blue Book ..........................................8 TennaBLE Beacon Steel Puck – a spin on their traditional BLE Beacon ideal for tracking
Carno Law Group....................................10 equipment parts and attachments such as buckets, blades, forks, etc. that get aggressive
Catalina Pacific Concrete.........................22
Cement Masons ......................................14
use. Tenna products allow owners to know equipment location, utilization, condition, mainte-
Coastline Equipment..................Back Cover nance and inspection needs and reserve machines for projects.
Conco Pumping ......................................22 Always an innovator, Tenna is a highly engaged organization under the leadership of
Dangelo Co.............................................23
Ditch Witch West ....................................11 company owner Austin Conti. ECA Board member Elizabeth Torrez is Tenna’s California
Ferreira Construction.................................8 Territory Account Executive. The company is also a member of numerous industry organiza-
GMGS Insurance Svcs., Inc......................22
Golden State Boring & Pipe Jacking, Inc. .22
tions. For the past seven
Inland Surety...........................................19 years, Elizabeth has
Bernard & Marcia Kamine, Esq. ...............20 served as the ECA Instal-
Koppl Pipeline Service, Inc. .....................23
LiUNA.....................................................18 lation Dinner Chair and
Max Adapter .............................................6 was a previous recipient
Mocon Corp............................................22 of both contractor mem-
Monteleone & McCrory ..........................23
National Ready Mixed Concrete Co. .......14 ber of the year and
Penhall Company ....................................19 affiliate of the year
Quinn Company .......................................2
Sancon....................................................23
awards with ECA.
J.F. Shea Construction, Inc. ..................7, 23 Tenna’s outlook on
Sullivan Curtis Monroe Insurance Svcs. ....10 the industry is bright. As it
TPR Traffic Solutions ..................................9
Trench Plate Rental Co. .............................3 relates to the technology revolution currently growing within the construction industry. The
Trench Shoring Company ..........................5 company has seen construction equipment management become a staple for businesses as
Video Fact ...............................................22
an essential tool vs. a “nice to have.” Contractors today are increasingly integrating equip-
ment management systems into their operations and workflows to improve efficiencies and
Contact ECA at 714/937-5000 or
by fax at 714/937-5030 cost control, mitigate risk, and increase project margins and overall profitability. D
Email: info@ecasocal.org
To get your company featured in an upcoming issue of “Member Snapshot”
Send news releases or other
member information to: visit www.ecasocal.org/ECAMemberSnaps/index.htm
ECA Magazine,
2390 E. Orangewood Ave.,
Ste. 585, Anaheim, CA 92806
www.ecasocal.org E C A M A G A Z I N E 13 A P R I L 2 0 2 1At Our Last Event
Golfers Hit The Links For
Traditional Spring Outing
E CA golfers came out in force for the associa-
tion’s Annual Spring Golf Tournament at
Black Gold Golf Club in Yorba Linda. Tee off for the
April 26 event offered the sold out slate of 96 mem-
bers and guests in attendance the opportunity to
network and practice their swings on a picture per-
fect Spring day.
At the day’s end here’s how the score cards
were tallied:
! Closest to the Pin – Gene Glassburner
! Longest Drive Women – Elizabeth Torrez
! Longest Drive Men – Chantz Fox
! Guess your Drive – Garrett Richardson
! First Place Team Score 56 – Garrett Fran-
cis, Tim Maurier, John Chun, Mark
Linsenmayer
! Second Place Team Score 58 – Gene
Glassburner, Ralph Casillas, Brent Bonnell,
Dave Valdez
! Third Place Team Score 59 – Tyler Malone,
Morris Rosenthal, Chris Fowler, Oscar
Thank you to our generous sponsors
Deluna D AALRR
Coastline Equipment
Eide Bailly
Ferreira Construction
Hardy & Harper
J.F. Shea
Mission Clay
Performance Pipeline
Pre-Con Products
Rendon and Associates
Trebor Shoring
Trench Shoring
United Rentals
E C A M A G A Z I N E 14 A P R I L 2 0 2 1E C A M A G A Z I N E 15 A P R I L 2 0 2 1
Member News (Continued)
It's Christmas Time in Washington
T he much-ballyhooed $2.25 trillion federal "infrastruc-
ture" bill is wending its way through Congress this
spring, with surprisingly little spending targeted to roads,
! $213 billion for housing and to increase federal control
of local housing markets
! $100 billion of additional funding for schools without re-
highways, dams, and water projects. quiring them to reopen
According to an analysis of the actual language in a ! $50 billion for a new office at the U.S. Department of
White House announcement on March 31, which detailed Commerce
the list of funding "opportunities." According to that study, ! $35 billion for climate science, innovation, and R&D
less than six percent ($115 billion) of the $2.25 trillion spend- ! $10 billion for a new "Civilian Climate Corps”
ing plan will go to roads and highways. ! Overturns right-to-work laws in 27 states
Big-spending bills like this are often referred to as House Speaker Nancy Pelosi said she hopes to get the
"Christmas Trees" because the measures contain spending necessary legislation to codify the Biden plan by mid-
measures that various members of Congress attach, using summer. The measure would then move to the Senate,
the support for the purported purpose of the proposed law to where Majority Leader Chuck Schumer has announced
carry over to these legislative "ornaments." plans to use the "budget reconciliation" ruse for this monster
Here's a summary of some spending categories from the bill. Reconciliation requires only a simple majority vote—51
Biden Administration: votes—so that his party could pass the measure without any
! 43 percent more is spent on mass transit and rail ($165 bi-partisan support.
billion) than for roads and bridges While some GOP Senators are making conciliatory
! Less than 2 percent ($42 billion) for waterways, locks, noises about supporting the "infrastructure" portions of the
dams, ports, and airports Biden Plan, the rest are railing against the tax increases pro-
! Less than 5 percent ($110 billion) for water projects with posed to pay for work.
an emphasis on replacing lead pipe There are two federal tax hikes included, raising corpo-
! Less than 5 percent ($100 billion) for broadband rate taxes by a third, from 21 percent to 28 percent and a simi-
! 74 percent more is spent on subsidies for electric vehi- lar planned increase in U.S. tax on corporate earnings from
cles ($174 billion) than for broadband. overseas operations.
Meanwhile, most of the bill consists of non- The Biden plan would spread spending in the proposal
infrastructure provisions such as: over eight years; the tax hikes would continue for twice as
! $400 billion for expansion of Medicaid long. D
ECA
Building Your Business Future
On a Legacy of Success
Legacy ! Mission ! Vision
714/937-5000 FAX 714/937-5030
2390 E. Orangewood Ave., Suite 585, Anaheim, CA 92806 · Email: info@ecasocal.org · Web site: www.ecasocal.org
E C A M A G A Z I N E 16 A P R I L 2 0 2 1Legal Grounds
COVID-Related Wrongful Termination
Cases & Tips For Avoiding Them
D espite unprecedented court
closures and related procedural
delays, COVID-19 litigation has
sponse to the pandemic, and subsequently furloughed
a few months later. The employer allegedly advised the
claimant a few months later that his layoff was perma-
steadily increased and is only expected nent, after which the claimant allegedly learned of a
to expand across industries, jurisdic- younger colleague's recall from a social media post.
tions, and areas of law. In the engineer- Claimant's lawsuit asserts that he was perfectly capa-
ing industry, new Coronavirus-specific ble of performing the work of the younger recalled em-
wrongful termination litigation appears ployee, and alleges that the employer's stated reason
to be on the rise, up and down the state for his termination (COVID-driven lack of work) was
of California. merely a pretext for its true intention, to eliminate its
Pregnancy Leave And COVID. In older workforce and replace it with younger workers.
September, a claimant sued her former While none of these recent cases have been de-
employer, a construction engineering cided on the merits, they foretell the direction where a
firm, in Sacramento County alleging wave of COVID-implicated employment termination
pregnancy and disability discrimination case filings may be heading. And similar to our recent
and retaliation. In the lawsuit, she claims discussion of employer pitfalls associated with COVID-
that she advised her supervisor that she related leave laws;
had been directed by her healthcare pro- For example, employers must assess COVID-
vider to be off work for a period of time related employment issues in the context of all employ-
because she had tested positive for ment-related rights and responsibilities. While an em-
COVID-19 and thereafter delivered a ployer may bar an employee displaying COVID symp-
stillborn baby. The lawsuit alleges that when she re- toms, the employer should have a comprehensive pol-
turned to work, her employer expressly blamed her for icy concerning the identification and handling of symp-
exposing her colleagues to COVID-19 and simulta- toms and a recordkeeping of symptom identification
neously directed her to go on a disability-related leave before an employee is barred entry so as to avoid
of absence because her job required her to work at the claims of non-COVID retaliation or other alleged viola-
construction site. The claimant alleges that she re- tions of legal rights.
ceived an email a month later communicating the need Likewise, when an employer has permitted a
to permanently terminate her employment due to “all workforce to telecommute for a period of time, before
this COVID stuff.” requiring that workforce to return to the employer's
CDC-Identified High-Risk Groups. In October, a place of business, written communications to the
claimant sued a building operations company in Los workforce explaining, not only how employees will
Angeles when she was terminated for refusing to return safely return to work, but why a return to on-site work is
to on-premises work after her employer implemented critical to the business, will preemptively forestall argu-
COVID-related safety protocols and required her team ment that continued telecommuting is feasible.
to return to the jobsite. The claimant states that she pro- Finally, while many employers these days are eager
vided a doctor's note to her employer merely stating to recall at least some of their previously furloughed em-
that she was part of a CDC-identified population at a ployees so they can get back to business, employers
higher risk of serious illness due to exposure to COVID- should recall employees with as much deliberate non-
19 (the existence of an underlying medical condition) discriminatory precision as they would when effectuat-
and that working at home could reduce this risk if of- ing a layoff. Specifically, employers should establish
fered by her employer. Claimant contends she should legitimate, nondiscriminatory objective criteria to en-
have been permitted to continue working from home sure that a recall does not adversely impact a protected
despite her employer's directive in light of her health- (e.g., age) group without business-related necessity.
care provider's letter, and claimant believes she should While this list of new COVID wrongful termination
not have been terminated for refusing to return to her case profiles and case avoidance tips is certainly not
pre-pandemic worksite. exhaustive, our hope is that it will help employers issue
Furloughs, Recalls, And Layoffs. In November, spot before potential issues become real cases.
another claimant filed a lawsuit, this time in San Diego To contact the authors; John R. Giovannone can be
County, against a broadcast engineering company and reached via email at jgiovannone@cdflaborlaw.com,
claimed wrongful termination based on age. There, the and Rosario R. Stoliker can be reached via email at
claimant's pay was allegedly initially reduced in re- rstoliker@cdflaborlaw.com . D
E C A M A G A Z I N E 17 A P R I L 2 0 2 1Crime Prevention
Shedding Light
On the Growing
Issue of Catalytic
Converter Theft
By Melissa Somers,
Email: melissa.somers.cpp@gmail.com
C atalytic converter thefts are all
over the news. Anyone that's been
a victim of a converter theft will easily
supply, geopolitical economics and
world environment - making recycling
them a cost-effective option that is also
mark our vehicles' converters, a crook
will pass on your marked converter and
move on to one that isn't marked know-
recall the sinking feeling of starting less regulated than mining. Certain cars ing that he won't be able to sell it.
their vehicle and instead of the normal are targeted because they're known to This also applies to core buyers. In
purr of an engine, it sounds like a heli- contain higher levels or larger quantity of fact, none of the players involved in the
copter. these precious metals. progression of events is willing to accept
They'll also likely to tell you about the So, is Joe Bad Guy rolling through the risk involved with accepting marked
hassle and cost of getting a replace- your 'hood and stealing your neighbors' property and will not, therefore, pur-
ment. If you haven't had one (or some) catalytic converters, heading home, tear- chase catalytic converters that can be
stolen by now, chances are you know ing into his haul in his garage, and ex- traced back to a victim. AKA You.
someone who has. Catalytic converter tracting platinum to have an engage- Taking steps to prevent your con-
thefts are up some 400% over last year ment ring made for his beloved? Far verter from being stolen will not only help
and are expected to continue increasing from it. you avoid the hassle of replacing it but
by as much as 30% over the next few There are multiple stops your pricey will also make a huge impact in interrupt-
years, making it very clear that it's not converter will take before its precious ing the cycle and stopping the problem.
only a big problem, but that it's also one contents are extracted to be recycled - Different municipalities are teaming
that isn't going away – unless we take each of them garnering a higher price for up with law enforcement and local busi-
action. the seller and, subsequently, an opportu- nesses to offer community catalytic con-
It's safe to guess that most of us have nity for us “Victims in Waiting” to break verter etching programs. Mainly free,
a vague understanding that our vehicles the chain. these programs will etch either your li-
need their catalytic converters and that Once the suspect has removed your cense plate or last 6-8 digits of your car's
crooks are stealing them for money. We converter, it is sold to a buyer who, in VIN onto the converter. A few places to
might hear on the nightly news that one turn, sells it to an unlicensed recycler or check for an etching program in your
reason why converter theft is blowing up core buyer. This unlicensed business area:
is that for the crooks stealing them, it's a then turns around and sells his bounty to ! Oil change or muffler shops
low risk / high reward way to make a another recycler that maintains a level of ! Car dealer
quick buck. In order to have an impact or legitimate business to satisfy compli- ! Local Sheriff's station or police de-
effect change, a more comprehensive ance. The converters continue to be sold partment
understanding of the issue in its entirety, “up the chain” to core buyers with in- You can also mark your catalytic con-
and potential solutions, is a must. creasing legitimacy until they eventually verter and prevent it from being stolen by
Catalytic Converters 101 make their way to their final destination
Since the mid-1970's catalytic con- and the contents are harvested.
verters are a standard part of your vehi-
cle's exhaust system. They contain pre- Breaking the Cycle
cious metals that help filter out toxins – One of the biggest challenges in the
and these precious metals are worth battle to end catalytic converter thefts is
some big bucks. Converters contain plat- also why they're such an appealing tar-
inum, rhodium, and palladium – all of get: converters are largely unmarked. If
which are part of the PGM or Platinum a crook is found in possession of a pile of
Group Metals. stolen catalytic converters with no mark-
These PGM's are currently going for ings, there is no victim and, therefore,
a whopping $1,189 - $25,850 per lessened severity of the crime / minimal
OUNCE. The worldwide accessibility of penalty. The same applies to the core
these metals is dwindling and chal- buyers purchasing them – all the way up
lenged by a number of factors - dwindling the chain. However, if we take the time to
E C A M A G A Z I N E 18 A P R I L 2 0 2 1Crime Prevention
taking matters into your own hands and with the help of an etch-
ing pen, some high-temperature automotive exhaust paint, af-
ter-market catalytic converter ultra-destruct labels / clamps /
plates, and / or some good old fashioned creative welding.
Marked or not, if your converter is stolen, report it to law en-
forcement. This can help with further establishing the scope of
the issue as well as help with keeping track of repeat offenders.
If you have marked your converter(s), be sure to let the reporting
officer know what information is on your converter. Check with
your local Sheriff's office or law enforcement agency for infor-
mation about marking programs and where you can share infor-
mation regarding leads.
Raising your awareness of the catalytic converter theft cy-
cle, how / where the cycle can be interrupted, and prevention
options are all steps in the right direction but only help to a de-
gree in making catalytic converter thefts a thing of the past.
While it's commonly said that knowledge is power, the true
power occurs once the knowledge gained is put into action. The
efforts you make will not only remove you from the Victim In Wait-
ing pool, but they're likely to give you some peace of mind – and
that's the real hidden treasure. D
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E C A M A G A Z I N E 19 A P R I L 2 0 2 1Safety Forum
Add Distracted Driving
To Your Tailgate Talks
T he Engineering Contractors' Association Safety
Forum joins with the National Safety Council (NSC)
to urge all our members to emphasize the dangers
of distracted driving as part of their company safety pro-
system installed. This section does not apply if the cell
phone is used for emergency purposes.
! California Vehicle Code, Section 23123.5: Drivers are
only allowed to operate a handheld wireless tele-
grams and tailgate talks on the job site. phone or an electronic wireless communication de-
According to Injury Facts, a National Safety Council vice if it is specifically designed and configured to al-
statistics database, transportation-related incidents ac- low voice-operated and hands-free operation that
counted for 49,430 on-the-job injuries in 2019. One rea- meets the guidelines of the code section.
son for these injuries? Workers who are driving distracted. ! California Vehicle Code, Section 23124: All California
NSC says driver distractions fall into three categories: vi- drivers under 18 are prohibited from using communi-
sual, manual and cognitive. cation devices even in hands-free mode unless used
One action fits into all three: Cellphone use while driv- for emergency purposes to call an emergency ser-
ing. vices agency or entity.
Many distractions exist while driving, but cell phones ! California Vehicle Code, Section 231235: All drivers
are a top distraction because so many drivers use them of a school bus or transit vehicle, as defined in subdi-
for long periods each day. Almost everyone has seen a vision (g) of Section 99247 of the Public Utilities Code,
driver distracted by a cell phone, but you often don't real- are prohibited from using a wireless telephone while
ize that driver is you when you are the one distracted. operating their vehicle unless used for emergency
New technology in vehicles is causing us to become purposes to call an emergency services agency or
more distracted behind the wheel than ever before. Fifty- entity.
three percent of drivers believe if manufacturers put While the laws are strict, the penalties for mobile
"infotainment" dashboards and hands-free technology in phone use while driving are considered a mere infraction
vehicles, they must be safe. And, with some state laws punishable with a $20 fine for a first offense and a $50 fine
focusing on handheld bans, many drivers honestly be- for each subsequent conviction. Like everything else in
lieve they are making the safe choice by using a hands-
free device. But in fact, these technologies distract our
brains even long after you've used them.
Make no mistake: This multitasking technology is
about convenience, not safety. Using your cellphone be-
hind the wheel increases your risk of a crash fourfold.
NSC offers tips for staying safe:
! Turn off cellphones while driving, or put cellphones in
your vehicle's trunk to resist temptation. Another sug-
gestion is to record a voicemail greeting that tells call-
ers you're driving and will return their call when you
arrive at your destination. Or, consider switching your
cellphone to "Do Not Disturb" mode.
! Don't make or answer cellphone calls, even with California, there are steep "fees" due whenever you have
hands-free and voice recognition devices. If you must to deal with the government—in this case, penalty assess-
make an emergency call, leave the road and park in a ments increase your total costs to $60 – $150.
safe area. But, actual huge costs can come from the personal
! Don't send or read text messages or emails. injury bar members who will sue the driver and the em-
! If you're driving with a passenger, allow them to oper- ployer for "negligence" in civil court with damages that can
ate the phone. run into the millions.
! Program directions into your navigation system be- Here's why—there is a big difference between a "regu-
fore you leave. Enable the audible directions feature lar" car accident and a car accident that involves dis-
so GPS can verbally share step-by-step directions. tracted driving: It can be hard to prove which driver was at
NSC recognizes April as Distracted Driving Aware- fault in a car accident.
ness Month. But when one driver is violating a statute or ordinance
Visit distracteddriving.nsc.org for more information. (like using their mobile phone), it becomes negligence per
California Distracted Driving Laws se, which means that they are presumed negligent be-
Here's a list of laws covering distracted driving in Cali- cause they were breaking the law when the accident hap-
fornia: pened.
! California Vehicle Code, Section 23123: California If you need help designing a distracted driving compo-
drivers cannot use a cell phone to read texts or make nent for your safety program, contact the Safety Forum
calls on a public road unless they have a hands-free through the ECA office. D
E C A M A G A Z I N E 20 A P R I L 2 0 2 12021
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