DIGITAL DISRUPTION HOW TO PREPARE FOR (AND SURVIVE) - Build Houston Magazine
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BUILD HOUSTONON LINE.COM
O C TO B E R / N OV E M B E R 2 0 2 0
SATTERFIELD & PONTIKES’
OUTLOOK ON THE CURRENT
CONSTRUCTION MARKETPLACE HOW TO PREPARE FOR
PHOTO CREDIT: GEOFF LYON
(AND SURVIVE)
DIGITAL
DISRUPTION
REPORTING WORK-RELATED
COVID-19
DIAGNOSES TO OSHA
THE LATEST TECHNOLOGY TRENDS
AND WHAT CONTRACTORS NEED TO KNOW ABOUT THE FUTURE
THE INDUSTRY IS GROWING.
Do you have the employees you
need to grow with it?
“
Industrial Sales
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me about a recruiting service, I will refer that person to BIC Recruiting
Operations Management every time. Our experience has been that BIC Recruiting always delivers.”
“
— Laurence Anderson, CEO, ParFab Companies
Marketing Management
“BIC Recruiting knows the industry better than anyone and has a broad
Accounting Management network we could tap into. The BIC Recruiting team did an outstanding job
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HR Management — Sandy Scott, CEO, Sprint Safety
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C-Level Executives — Jeff Bearden, President, Bayou City Industrial Contractors
For a confidential search, please call
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2 BuildHoustonOnline.com October - November 2020
Letter
From The
I hope this letter continues to find you safe and healthy. As we
continue to adjust to the changes brought on from the effects of the
pandemic, I’d like to remind you that ABC continues to be a voice in
the industry and support the merit shop philosophy. As we are gearing
up for an election, now more than ever, it is important for us to endorse
Chair
candidates who support the construction industry and the values that
ABC and its members stand for. If you’d like more information about the
candidates ABC endorsed for 2020, please visit www.ABCHouston.org.
The weekly Peer Group Calls continue to be a success and have had a
large participation from members. Each call allows members to discuss
updates around the pandemic and how those updates affect the
construction industry. This is a great way to learn financial, legal, human
resources, and other relevant topics from member professionals. I want
to personally thank the members who contribute their time to educating
attendees and keeping everyone informed. PHIL RESTIVO
TURNER CONSTRUCTION
ABC Greater Houston
In August, the chapter held a STEP Parade at the ABC Office and
2020 Chairman
recognized the 2020 STEP award recipients. Normally, these winners are
recognized at the July Membership Breakfast, but to honor local and state
ordinances, they were included in the virtual presentation of the August
Membership Breakfast. Congressman Dan Crenshaw joined the virtual
breakfast and gave a legislative update. Other events such as the Fall Clay
Shoot and Fishing Tournament were held in-person in September. To get
connected with the association and learn more about upcoming events,
visit www.ABCHouston.org.
If there is anything ABC can do to help you during this time, please reach
out to chapter staff. We are all in this together and will get through this.
One mission, one voice!
October - November 2020 BuildHoustonOnline.com 3
ABC LEADERSHIP
Chair
Phil Restivo - Turner Construction
Contents
Chairman Elect
Sam Craig - Craig & Heidt, Inc.
Vice Chairman
John Glaze - Fast Track Specialties
Secretary
Paris Gill - KBR
Treasurer
Mark Rush - Ham, Langston & Brezina, LLP
Past Chairman
Brandon Mabile - Performance Contractors, Inc.
President
Russell Hamley - ABC Greater Houston Chapter
Satterfield & Pontikes
Construction, Inc.
2020 BOARD OF DIRECTORS
Warren Adamson - S&B Engineers and Constructors
Rusty Barnhill - Force Corporation COVER STORY
Sara Bongard - SpawGlass Construction Corp.
Dwayne Boudreaux - Ref-Chem, L.P.
Edwin Brink - Worley
13 SATTERFIELD & PONTIKES
Satterfield & Pontikes’ innovative tools allows their project teams
to increase their effectiveness and overall project efficiency.
Robert Burelsmith - E. E. Reed Construction, L.P.
WORKFORCE
Joe Cotten - Chamberlin Roofing & Waterproofing
Bob Deatherage - Bechtel Construction Services
Darlene East - Holes Inc.
6 HOW TO PREPARE FOR (AND SURVIVE)
DIGITAL DISRUPTION
New technologies and elements of automation are changing the way
Stuart Folse - Cajun Industries, LLC work is done and with it the skills workers need to perform their
roles and bring projects to completion. These changes are happening
John Golashesky - Turner Industries Group, LLC at an accelerating pace.
Robert Hancock - Munsch Hardt Kopf & Harr
LEGAL
Mike Holland - MAREK
Elaine Howard - Andrews Myers, P.C.
Michael Luck - Locke Solutions Precast Division 8 REPORTING WORK-RELATED
COVID-19 DIAGNOSES TO OSHA
OSHA recently released revised enforcement guidance that provides
David McCleskey - Brown & Root Industrial Services, LLC employers with substantive direction concerning the recording of
COVID-19 cases.
Saleem Qassem - Structure Tone Southwest, LLC
Zac Ridner - Fleet IQ BUSINESS
10 ANALYZING COST AND SCHEDULE ISSUES
Wendell Rychlik - W.T. Byler Co.
Dennis Yung - Skanska USA Building ON CONSTRUCTION PROJECTS
Schedule delays and cost overruns are constant threats to
Silvia Zurita - Synergen construction projects. When they do occur, determining responsibility
Lohn Zylicz - D.E. Harvey Builders, Inc. is a major challenge and can be a point of contention.
ALSO IN THIS ISSUE
14 THE LATEST TECHNOLOGY TRENDS AND
Build Houston Magazine WHAT CONTRACTORS NEED TO KNOW ABOUT THE FUTURE
4910 Dacoma St
Houston, Texas 77092 16 AN AVENUE TO FUTURE EMPLOYEES:
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Publisher/Owner:
Associated Builders & Contractors of Greater Houston 18 ACCOMMODATING LEGAL OPIOID USE
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Graphic Designer: Robert Chevis 22 ABC HOUSTON MEMBER NEWS
4 BuildHoustonOnline.com October - November 2020
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June/July 2020 BuildHoustonOnline.com
August - September
October - November 2020 BuildHoustonOnline.com
55
WORKFORCE
How to Prepare For (and Survive)
Digital Disruption
B Y P E T E R B E A R D
ew technologies and elements of automation are how to read, analyze and interpret their outputs. As the pace of
N
changing the way work is done and with it the technological integration increases and the half-life of skills shortens,
skills workers need to perform their roles and bring employees will need to adapt and develop new capabilities with
projects to completion. These changes are happening more and more frequency and urgency. Employers can help workers
at an accelerating pace. meet these new demands by championing and supporting efforts to
build and improve their digital skills.
In June, UpSkill Houston released a report that details the disruption
The adoption of automation technologies could be more disruptive
that greater automation and increased requirements for digital skills
to an employee's daily work or responsibilities. For example,
is causing regional workers, specifically those in occupations that
prefabrication would allow a growing share of construction work
require more education and skills development than gained through
to be performed under controlled conditions, like in a factory-like
high school but less education than a bachelor’s degree (“middle-
setting. In cases where an employee’s tasks could be automated, it
skill” occupations).
might make sense for that employee to take on a different role or
occupation that calls for adjacent experience, education or skills.
Data in the report show that more than 50 percent of “middle-skill”
occupations in the Houston region will face above average risk
Employers and industry leaders can take steps now to aid these
for disruption through either displacement or task restructuring.
transitions for the future benefit of their workers and their
Certain occupations within construction likely face increased use of
operations. Employers can identify and explore skills and
technology which will change how work is done. The report outlines
competencies employees need to be successful in various
ways in which employers can help employees remain agile and
occupations within an industry or across industry lines and begin
adaptable to changes in the industry and in the workplace.
to map these adjacencies and progressions. Ultimately, employers
could then plot how an individual could move or progress from one
The adoption of new technologies does not necessarily mean that
occupation to another based on the skills, experience or education
workers will be displaced by machines or computerized systems.
they have or could obtain or strengthen. For example, an individual
In many cases, workers will need to work with or alongside
hired as a helper in a construction craft could become a craft
new technologies, like cloud-based collaboration tools, remote
professional, journeyman or first-line supervisor through long-term
control systems for heavy machinery and mobile data collection
on-the-job training, apprenticeships or by gaining additional skills
or communication devices (among others mentioned throughout
in areas such as project management, costing or computer-aided
this issue) – and develop the skills to do so. Workers will need to
design (CAD).
learn how to use these applications and devices and understand
6 BuildHoustonOnline.com October - November 2020
Employers could further help their workers and their businesses
mitigate the risks of disruption by encouraging and enabling
employees to upskill, enhance and diversify their skills so they
can play multiple roles rather than be limited to ones that
historically have been specialized.
According to a survey from Working Nation, 63 percent of
American workers believe technology is quickly changing the
way work is done but believe they don’t have the skills to keep
up. What’s more – and concerning for our future workforce –
two out of three respondents said they have never been offered
skills training by their employers. UpSkill Houston continues to
convene employers along with education and community leaders
to drive and orchestrate collective action that support individuals
who need reskilling and upskilling in order to participate in our On The Level
evolving – and increasingly digital – regional economy. u
With a global reputation for
innovation, tailored client service
Peter Beard is the Greater Houston Partnership’s and predictable outcomes,
Senior Vice President of Regional Workforce Kilpatrick Townsend is the smart
Development. He leads the Partnership’s UpSkill choice for your construction and
Houston initiative, which works with employers, infrastructure legal team.
educators and community-based leaders to
strengthen the talent pipeline greater Houston’s
employers need and to help individuals connect to
good jobs that increase their economic opportunity
and prosperity. Learn more and see the full “Navigating the Changing www.kilpatricktownsend.com
© 2020 Kilpatrick Townsend & Stockton LLP
Nature of Work” report at Houston.org/UpSkillHouston.
October - November 2020 BuildHoustonOnline.com 7
LEGAL
Reporting Work-Related
COVID-19 Diagnoses to OSHA
B Y J A C O B A . L E W I S , V E R N O N C . H O W E R T O N , J R .
E
mployers are generally not responsible for reporting it is more likely than not that the employee’s illness is work-related,
employees’ positive COVID-19 diagnoses to the U.S. the employer does not need to record that COVID-19 diagnosis.
Department of Health and Human Services or the
Texas Department of State Health. However, employers In sum, OSHA’s reporting requirements are mandatory, and they
may overlook the ordinary reporting requirements for may be easily overlooked as employers deal with other pressing
workplace illnesses that must be made to the Occupational Health aspects of managing their workplaces during this pandemic. OSHA’s
and Safety Administration (OSHA), including reporting COVID-19 revised guidance makes clear that the recording requirements
diagnoses. With that in mind, OSHA recently released revised are not onerous and that OSHA will exercise significant discretion
enforcement guidance that provides employers with substantive in enforcing those requirements where employers have made a
direction concerning the recording of COVID-19 cases. reasonable effort to comply.
A “covered employer” is any employer with ten or more employees
Under OSHA’s recordkeeping requirements, covered employers
that is not in an exempt industry classification. The list of industries
must record on their OSHA 300 log any confirmed COVID-19
exempt from OSHA’s recordkeeping requirements can be
diagnosis that is both: (1) work-related; and (2) involves OSHA
accessed by visiting https://www.osha.gov/laws-regs/regulations/
general recording criteria. A condition is “work-related” if “an event
standardnumber/1904/1904SubpartBAppA. u
or exposure in the work environment either caused or contributed
to the resulting condition.” An illness involves OSHA general
Jake Lewis, Gray Reed & McGraw LLP
recording criteria if, among other things, it results in days away
Jake Lewis focuses his practice on resolving a broad
from work or medical treatment beyond first aid.
range of employment litigation matters, including
Any COVID-19 case will necessarily involve OSHA general recording defense of employers under Title VII, the Americans with
criteria, since a confirmed case will, at a minimum, require days Disabilities Act, the Age Discrimination in Employment
away from work. However, determining whether the illness is Act, the Fair Labor Standards Act, the Family Medical
“work-related” is a more difficult task. Recognizing this difficulty for Leave Act and state anti-discrimination laws. He has
employers, OSHA’s revised guidance provides that it will exercise significant experience handling Department of Labor
substantial discretion in enforcing the reporting requirement. In audits and related litigation involving misclassification of employees and
general, an employer is only responsible for reporting a confirmed payment of overtime and minimum wage. Jake also prosecutes and defends
COVID-19 case if: (1) there is objective evidence that the diagnosis unfair competition disputes from preliminary injunctive relief through trial,
may be work-related (e.g., cluster of cases among workers in close typically involving non-compete agreements, non-disclosure agreements
proximity without an alternative explanation; illness is contracted and misappropriation of trade secrets.
shortly after lengthy close contact with coworker/customer
with confirmed diagnosis); and (2) the evidence was reasonably Vernon Howerton, Gray Reed & McGraw LLP
available to the employer (e.g., reports from employees). Vernon Howerton helps businesses avoid and resolve
commercial disputes through negotiation, alternative
OSHA’s revised guidance also provides that employers should dispute resolution and litigation, with an emphasis
make a reasonable investigation into work-relatedness. According on construction and government contract law. He has
to the guidance, it is sufficient in most circumstances to: (1) ask the more than 25 years of experience helping construction
diagnosed employee how they believe they contracted COVID-19; owners, contractors, subcontractors and suppliers
(2) discuss with the employee any work or out-of-work activities enforce and defend their rights in disputes arising from
that may have led to exposure; and (3) review the employee’s work public and private heavy civil, industrial, telecom and commercial project
environment for potential exposure (i.e., identify whether others contracts. Vernon also presents and defends various bid protests related to
in that work environment have contracted COVID-19). If, after the federal, state and local government contracts and defends OSHA citations
inquiry described above, an employer cannot determine whether for workplace safety violations.
8 BuildHoustonOnline.com October - November 2020
CLASSOF
CLASS OF2021
2021
LeadershipForum
Leadership Forum
StartsJanuary
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learntotobebeananeffective
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October - November 2020 BuildHoustonOnline.com 9
BUSINESS
Who’s Responsible?
Analyzing Cost and Schedule Issues
on Construction Projects
B Y M I C H A E L P U R T E L L
S
chedule delays and cost overruns are constant threats to the impacts of variations as the schedule is updated throughout
construction projects. When they do occur, determining the project. This process can assist with describing the impact
responsibility is a major challenge and can be a point of associated with variations surrounding a given stakeholder’s
contention. Oftentimes, it is only after the project has responsibilities on the project and assigning responsibility for
suffered negative effects that their causes are given those impacts. Regarding the baseline estimate, contractors can
the attention they deserve. Once a party finds a delay or cost use specifics such as quantities, manpower, and budgeted costs to
overrun, identifying the applicable contract requirements is critical measure and report progress and forecast the impact of variations.
for determining responsibility and assessing entitlement to time Recording contemporaneous data applicable to progress, such as
extensions and/or additional compensation. However, contractors the items discussed above, against these baselines is an important
can take several proactive steps to assist in resolving these matters step towards timely resolving disagreements between the parties.
when they occur. These can include documenting the project’s More contemporaneous documentation results in a fairer and more
baseline, identifying variations to the baseline, and maintaining a tenable outcome for all parties, as this documentation is typically
contemporaneous record. the best record of what actually happened on a project. In instances
where less contemporaneous data is available, delayed resolutions
are common.
The concepts of time and cost are interrelated components of
successful construction project delivery. Schedule delays and cost
overruns are usually identified and quantified through measurements Retroactively assessing responsibility for such issues is a time-
against the project’s baseline schedule and estimate, respectively. consuming and costly task with an outcome that is frequently
In either scenario, the primary question that must be answered is, dependent on the amount and quality of information available.
“What is the basis for measuring changes?” In all cases, careful and However, equally as important is the ability of those analyzing
deliberate analysis of the contract documents at the outset of a the matter at hand to understand and consolidate the facts into a
project is necessary to determine the foundation for the project’s thorough, concise, and understandable summary of why the delays
baseline schedule and baseline estimate. This analysis should be and cost overruns occurred, as well as who is entitled to relief. The
aimed towards identifying the contract deliverables as well as the timely resolution of these complex issues benefits from expert
responsibilities of various stakeholders, as ambiguity can result analysis of contemporaneous data, development of meaningful
in areas of contention. Notice provision requirements, potential visual representations of the data, and effective presentation of the
weather impacts, receipt of design information, permit approvals, and facts to project stakeholders. u
local code requirements can all be examples of contract deliverables
or stakeholder requirements and responsibilities that contractors
must consider. Documenting what may be unknown—such as the Michael Purtell, a senior managing consultant with
impacts from RFIs, change orders, unforeseen conditions, force Interface Consulting, provides expert services on
majeure events, etc.—during early schedule development is also complex engineering and construction projects across a
important. variety of industry sectors. Mr. Purtell analyzes change
order management, construction defects, planning, and
After reviewing pertinent information and defining the baseline procurement, among other issues, and has provided
schedule and baseline estimate, contractors can evaluate any expert testimony relative to construction management,
deviations. Including certain schedule activities, logic ties, or both damages, and schedule delays. Formed in 1986,
in the baseline schedule can help the parties identify and monitor Interface has been a member of ABC for over 25 years.
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SATTERFIELD & PONTIKES’
OUTLOOK ON THE CURRENT
CONSTRUCTION MARKETPLACE
E
arly in the recession, Satterfield & Pontikes Construction Marshall says, just like
(S&P) saw a large portion of private work put on pause. For the everyone else, S&P is managing
most part, public work continues to move forward. However, and responding to things in
Satterfield & Pontikes Vice President, John Marshall, has seen real-time due to the day-to-day
an influx of firms who previously pursued primarily private work news cycle.
switch to public work pursuits, which means the competition pool
approximately doubled in a very short amount of time. The summary “It is difficult managing during
is the construction industry may be in a much more competitive these times, but we are staying
marketplace because of fewer opportunities overall. positive and doing the very best
we can,” continues Marshall.
“Pricing, simply put, is uneven,” says Marshall. “There are no “We take in the information
consistent patterns or trends on pricing that we have been able and have to account for some
to track. The pricing with the most variability has been in labor. misinformation and know that
Variable pricing with materials is dependent on labor too. If it is a there are always going to be
material that involves heavy labor such as casework, then pricing is competing perspectives that
still affected. Overall, pricing has come down some but certainly not can make things difficult for
as much as many would expect.” an industry that is already
challenged by weather, labor force, and supply. The good news
is that our industry has always operated knowing that things can
change with a moment’s notice and you have to have plans in place
for any scenario that could happen.”
Marshall believes that the construction industry as a whole did a
remarkable job assessing and adapting to this new normal. “We
appreciated that our country’s leadership made sure were classified
as “essential” from day one and we immediately established new
safety standards and protocols,” continues Marshall. “Safety is a
long-standing top priority in construction so it felt like our industry
was able to adhere to new standards quicker than other industries.”
According to Marshall, the construction industry has remained
remarkably productive. In this time of uncertainty, construction
companies need to further adapt and make changes. Things can
Technology is being utilized heavily during the COVID-19 pandemic change every day, especially with the wave of differing information
to ensure jobs are on-time. “Collaboration in construction is essential, happening on a regular basis. The industry as a whole will come out
but what if you can’t collaborate in person?” says Marshall. “We had on top if companies continue to be flexible and integrate innovative
to adjust to working remotely, utilizing technology internally and opportunities within their organization and in their communities.
externally, so projects were still completed. It’s been an adjustment,
but we take this as an opportunity to grow as a company and be “We will all come out stronger if we can continue to be creative and
ahead of upcoming developments. Some things that we were doing look at challenges and hiccups as opportunities and embrace the
prior to COVID had to change to suit the current situation.” fact that we are all in this together,” says Marshall. u
October - November 2020 BuildHoustonOnline.com 13THE LATEST
TECHNOLOGY
TRENDS AND WHAT
CONTRACTORS
NEED TO KNOW
ABOUT THE FUTURE
B Y L A U R E N H A R R E L L
B
efore the onset of the COVID-19 pandemic, the
construction industry was heading toward new
technological advances. Everyone was hearing about
drones, virtual reality, and 3D scanning. But now, as
the world battles COVID-19, technology advances are
preparing the construction industry for the many changes ahead to
endure the pandemic.
Autodesk Construction Cloud combines advanced technology, a
unique builders’ network, and predictive insights to connect people
and data across the building lifecycle. Their portfolio brings together
Assemble, BIM 360, BuildingConnected, and PlanGrid.
“While the adoption of new technology has been steadily on the
rise in our industry, the pandemic has appeared to hit the fast
forward button,” says Allison Scott, Director of Construction Thought
Leadership & Customer Marketing at Autodesk Construction
Solutions. “In the 2020 Autodesk and AGC of America Workforce
Survey, 40% of firms have adopted new hardware or software due
to the pandemic – and we’re seeing three clear trends drive that
adoption.”
Scott says those three trends are adoption of technology to increase
safety, adoption of cloud-based products, and embrace digital
solutions.
“The first and most urgent trend is the adoption of technology that is
increasing workplace safety during this time,” says Scott. “Autodesk
recently released new COVID-related templates to help teams on
the jobsite ensure they’re meeting state and federal requirements.
These are now among the top used templates in PlanGrid –
accounting for 24 percent of all templates created on the platform.”
PlanGrid safety reports overall saw a 273 percent increase in use
14 BuildHoustonOnline.com October - November 2020from March through August. These safety reports help crews According to Russel Schulte, President of ABIS, “The most important
continue driving projects forward while making job sites safe for tool in today’s technology for a contractor is a mobile device that
workers and everyone involved along the way. allows for documenting the job, time tracking, purchase orders, and
records retrieval. Imagine being able to pull up any drawing at any
“The second trend is the adoption of cloud-based time. Basically, put all information that one needs on the jobsite in
products that enable a more connected design and construction the hands of the crew. The accuracy and time savings greatly pay for
process – a game-changer within the industry and growing the investment many times over. When people onsite can instantly
trend even before the pandemic began,” continues Scott. answer all their questions themselves, it gives everyone in the
“Moving data to the cloud and shifting to a connected company more time to do more important things.”
construction approach allows teams to collaborate efficiently and
effectively across the lifecycle of a project, drastically reduce data As the construction industry continues to work through and after
loss from one phase to the next, and break down silos by keeping the COVID-19 pandemic, construction companies that can adopt,
all critical information in one common location that the whole team adapt to, and leverage technology will help get an edge on the
can work within, no matter where they are.” competition and keep growing. u
The pandemic has only accelerated the switch to the cloud. Resources
According to Forbes1, cloud-based tools were surging in popularity, 1. Ellis, Evan. Forbes Magazine. The Current Pandemic Gives Cloud
but the onset of COVID-19 has caused the demand to skyrocket. Computing a Needed Jolt. 2020. https://www.forbes.com/sites/
Cloud computing, which has been touted for its flexibility, reliability, forbestechcouncil/2020/05/22/the-current-pandemic-gives-cloud-
and security, has emerged as one of the few saving graces for computing-a-needed-jolt/#2c8093e56a09
businesses during the pandemic. It is critical for companies to
maintain operations, but even more critical for their ability to 2. Jones, Kendall. Construct Connect. Going Mobile: The Benefits of Mobile
continue to service their customers. Construction Technology. 2018. https://www.constructconnect.com/blog/
going-mobile-benefits-mobile-construction-technology
“For instance, the rate of new project creation in Autodesk’s BIM 360
Design jumped approximately 350 percent globally since working
conditions shifted from office to home in mid-February,” says Scott.
“This evolution to collaborative, cloud-based solutions keep projects
moving forward – especially as we all practice social distancing and
adhere to state and federal requirements.”
As more and more teams embrace a wider array of digital
solutions on the whole, firms are more likely to achieve both time
and cost savings, mitigate the overall business impact of both the
labor shortage and pandemic, therefore setting themselves up for
long-term resiliency and success.
Mobile technology, as we know it today, is a new concept. Modern
smartphones have been around for just over a decade with the
for
launch of Apple’s iPhone in 2007 and the first Android device in
2008. Prior to this, the best things you could count as mobile tech
was a laptop equipped with an AirCard and a PDA with limited
functionality.
According to ConstructConnect.com, adopting mobile technology
into construction industry workflow, makes sense. Between
transporting information from the office, meetings, to pre-bid When you join ABC in October
conferences, industry professionals are always on the go. The ability
to access tools and information easily helps to increase productivity
you get THREE months of
anywhere.2 membership free!
ABIS provides automation tools designed for the construction
industry, and utilizes an integrated computer system called ERP, that
abc.org
allows businesses to integrate different aspects of their business
such as production, logistics, inventory, and accounting.
October - November 2020 BuildHoustonOnline.com 15An Avenue to Future Employees:
Serve on an Advisory Committee
B Y D R . S T E V E N H O R T O N
W
hile the State’s educational communities strive to meet the area workforce employment needs, colleges and
to provide the best possible workforce education high schools need the advice of local area business and industry
programs and courses to meet the demand for professionals to guide them. A premiere way to assist with such
skilled workers, another pressing need continues. advice is by volunteering to serve on an advisory committee.
That need is for members of the business and
industry community to serve on a college or high school Career and While attending the Education Symposium - Trends Affecting
Technical Education (CTE) Program Advisory Committee. Education that was held in Houston, May 2013, Dr. Brenda Hellyer,
Chancellor, San Jacinto College District, was the moderator
for Session 2 – Pathways to Meaningful Careers. During her
Traditionally, an advisory committee provides a format for the
presentation she spoke of the strong partnerships the District has
sharing of relevant information and ideas. Membership is typically
with the local ISD’s and the importance of partnerships San Jacinto
comprised of business and industry community members, from
College has with industry. Dr. Hellyer stated, “The most important
outside of the field of education, whose expertise and experience
partnership we have with industry is advice. We depend on industry
represent a particular occupational field. Advisory committees
to guide us on what programs and courses we should have.” The
can be established for a single workforce education program such
advice from industry that she related to typically comes from
as Welding Technology or for all of the CTE programs at a school
members of the business and industry community who volunteer
district. Advisory committees typically meet two to three times per
and serve on one or more of the numerous Technical Education
academic year to assist educators in developing, maintaining, and
programs that the college has to offer. For all of our area colleges
evaluating workforce education programs and courses.
and high schools, such advice is still relevant in 2020 and required to
ensure the educational community offers courses that are directly
So why do schools need advisory committees? In addition to
related to meeting the workforce needs of industry.
complying with Federal and State regulations, it just makes good
sense to have a venue that can assist educators to better understand
I read an article in The Atlantic that indicated more than half (53.6%)
the workforce training needs and employment opportunities for
of America's college graduates under the age of 25 are either
their students. Committee members can assist schools in various
unemployed or working in a job that does not require a bachelor's
matters such as reviewing curriculum, evaluating classroom and
degree. Advisory committee members have the opportunity and
laboratory facilities, serving as a classroom speaker, arranging for
an obligation to fill an awareness gap to educators, to students, and
field trips, creating student internship opportunities, assisting
ultimately to parents, of the career opportunities that are available
with supplemental funding, donating supplies and equipment, etc.
to high school graduates that do not require a four year degree,
One key element to keep in mind is that the role of a committee
especially when the educational programs offered reflect the needs
member is one of advice: not administration. Serving on an advisory
of local business and industry.
committee lets school districts know how important they are to
the community and traditionally provides committee members a
As the start of a new academic year approaches, I encourage you
premier avenue to interview/hire future employees.
to consider investing time for the future workforce by contacting
a local college or high school and volunteering to serve on a CTE
As the NCCER curriculum modules are being embedded in more
Program Advisory Committee. Serving on an advisory committee is
CTE courses, the opportunity to hire a high school graduate with
an investment, worthy of our time and expertise, which can produce
more craft-related skills should increase. To strengthen that process
and increase the pipeline of our future craft professionals. u
and provide input that encourages CTE programs to be designed
16 BuildHoustonOnline.com October - November 2020LE GA L
Steven F. Horton, Ed.D.,
is the Schools Training www.meritnow.com
Division Director for
the Construction and
281.464.9430
Maintenance Education
Foundation with a PROUDLY SERVING
primary focus on creating
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career choice to students in local high schools. Commercial Painting
As a former State Board Member for the Texas
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Dean of Technical Education, and department
chair/faculty member, Dr. Horton spent nearly Waterproofing
40 years providing supervision, support, and
administrative leadership in the development, Traffic Coatings
implementation, and evaluation of technical
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to meet the career and educational goals of
students in workforce education. Epoxy Flooring
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in 1994 and built on the commitment that
we will do whatever it takes to exceed our
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telework or leave for a medical appointment). Employers
should not assume that all disabilities increase the risk of
COVID-19 complications. Many disabilities do not increase
this risk.
If there is a suspicion that an employee is off work due to
COVID-19 reasons, the employer is permitted to ask the
employee why the employee is absent. The EEOC does not
consider this question to be a medical inquiry even if the
employee suspects the absence is due to medical reasons.
The EEOC also permits employers to require employees who
have been away from the workplace during the pandemic to
provide a doctor’s note certifying the employee’s fitness to
Our construction team BUILDS relationships by
return to work.
providing clients with SOLUTIONS based on experience.
Employers are still subject to the ADA’s confidentiality
requirements. Medical information obtained from employees
must be kept confidential and separate from employee
personnel files.USA
Chambers The names
and of employees
client feedback whoPorter
have ranked test Hedges
positive
as a leading
for COVIS-19 mustConstruction Practice
also be kept for sixteen consecutive
confidential. u
years, more than any other firm in Texas.
G. Mark Jodon, a shareholder with Littler
Mendelson, is board certified in labor and
employment law by the Texas Board of Legal
Specialization. Mark represents employers
exclusively before the EEOC and other federal
agencies and courts. He can be reached at (713)
652-4739 and mjodon@littler.com. HOUSTON | OKLAHOMA CITY | WWW.PORTERHEDGES.COM
October June/July
- November2020
2020 BuildHoustonOnline.
BuildHoustonOnline.ccomom 1317LEGAL
Accommodating Legal Opioid Use
B Y M A R K J O D O N
O
pioid use is a significant problem in the construction you aren’t disqualified by federal law and your opioid use is legal,
industry. The most recent statistics from the CDC an employer cannot automatically disqualify you because of opioid
indicate that construction workers are responsible for the use without considering if there is a way for you to do the job
highest percentage of opioid-related deaths in several safely and effectively.” Legal use of opioids includes prescriptions
states, and accounted for more than 46,000 deaths for drugs such as codeine, morphine, oxycodone (OxyContin®,
in 2018. (Statistics for 2019 are not yet available from the CDC.) Percodan®, Percocet®), hydrocodone (Vicodin®, Lortab®,
The main contributing factor is the physically demanding nature Lorcet®), and meperidine (Demerol®). Legal use of opioids also
of the construction jobs. The injury rate within the construction includes prescriptions for methadone to treat opioid addiction
industry is 77 percent higher than the national average. Injured through a Medication Assisted Treatment (MAT) program.
workers are frequently prescribed opioid pain medication to treat
their pain, allowing the injured worker to return to work as soon as The EEOC states in its guidance that employees may qualify for an
possible, even if not fully healed. This can prolong the opioid use accommodation in the workplace due to a medical condition for
and lead to addiction. which the employee is taking prescription opioids to treat pain.
The employee may also qualify for a reasonable accommodation
due to an opioid addiction. Opioid addiction (sometimes called
The Equal Employment Opportunity Commission (EEOC) recently
“opioid use disorder” or “OUD”) is a diagnosable medical condition
issued a guidance concerning opioid use as it relates to the issue
that can be an ADA disability. Employees may be able to get a
of accommodation under the Americans with Disabilities Act
reasonable accommodation for OUD; however, an employer
(ADA). See https://www.eeoc.gov/laws/guidance/use-codeine-
may deny the employee an accommodation if the employee is
oxycodone-and-other-opioids-information-employees. The EEOC
using opioids illegally, even if the employee has an OUD. The
guidance is written for employees but it is highly instructive for
EEOC further states that an employee may be eligible for an
employers. The EEOC guidance distinguishes between “legal”
accommodation if the prescribed opioid medication interferes
and “illegal” use of opioids. The EEOC guidance states: “The ADA
with the employee’s everyday functioning.
allows employers to fire you and take other employment actions
against you based on illegal use of opioids, even if you do not have
With respect to reasonable accommodations under the ADA,
performance or safety problems. Also, employers are allowed to
an employer never has to lower production or performance
disqualify you if another federal law requires them to do it. But if
standards, eliminate essential functions (fundamental duties)
18 BuildHoustonOnline.com October - November 2020LEGAL
of a job, pay for work that is not performed, excuse poor job
performance, or excuse illegal drug use on the job. Furthermore,
an employer may deny an accommodation if the employee is a
direct threat to the safety of the employee or co-workers. The
employer will need to rely on objective evidence that the
employee either cannot do the job or poses a safety risk even
with an accommodation. Remote or speculative risks cannot be
the basis for removing the employee from work. The employer
can require a medical evaluation to aid its determination about
the ability to reasonably accommodate the employee’s condition.
Employers should note that the EEOC considers transfers to other
open positions for which the employee is qualified to perform to
constitute a reasonable accommodation. To further complicate
the matter, the Family & Medical Leave Act (FMLA) may come into
play, providing eligible employees with the federally protected
right to take up to twelve weeks of leave for treatment or recovery.
The FMLA also provides the employee with certain reinstatement IN LEADING
rights upon completion of the leave. u
THE FUTURE.
Using technology to deliver high performance construction
G. Mark Jodon is a shareholder in Littler Mendelson’s
Providing fast-track opportunities for emerging leaders
Houston office. Mark is board certified in labor
and employment law by the Texas Board of Legal Making it happen for customers and the community
Specialization and represents employers in overtime
pay audits by the DOL and defends companies in FLSA
overtime collective actions. Mark can be reached at
713.681.2626 | MAREKBROS.COM
(713) 652-4739 and mjodon@littler.com.
are negotiating a contract or executing a new lease, an
e-signature may be acceptable so long as both parties consent October - November 2020 BuildHoustonOnline.com 19
to electronic signatures. If your business conducts day-to-daySAFETY
AN OLDIE BUT A GOODIE
HE DIED OF A SPIDER BITE????
When Insect Bites Are Recordable
B Y T A R A M A R I A A M A V I
I
wrote on the topic of insects, spiders, and snakes over resulting bite was initially ignored, as is common in males of
a year ago. Given I received notice in recent weeks of the human species, until it grew larger than his outstretched
TWO construction industry workers who nearly met their hand. By the time he received care, it was an emergency and
Maker over spider bites, I think this message may be an had escalated into a full-blown staph infection that had entered
Oldie, but it is still a Goodie. his bloodstream.
When sharing this with the superintendent of another client,
Construction and service work create many opportunities for
no names named, this superintendent confided a wolf spider,
workers to be exposed to insects, spiders, snakes, and more.
whose venom is typically mild to humans, almost cost him his
Spiders hide in cool, dark places making it easy for a construction
life. He, too, initially ignored the bite until it landed him in the
worker to become an accidental invader of the spider’s “home”.
hospital for five days. The doctors told him that amputation of
When this happens, the creature responds to his home invasion
his arm was inevitable. Thankfully, he fully recovered without
the same way you would---he attacks.
losing his arm.
Recently a client’s employee was on an out-of-town project
In both of these cases, spider bites were the initial injury but the
for two months. During that time, he left his personal vehicle
emergency arose because both men disregarded the potential
behind, unmoved, for the entire two months. When he
seriousness of a spider bite and did not get proper care. Insect
returned, he thought his only inconvenience was the dead
bites are NOT a trivial matter and, as you see, can quickly
battery. Wrong!
become life-threatening.
Leaving the vehicle untouched for two months made it the
Insect bites should be immediately reported to supervisors just
perfect “staycation” destination for a brown recluse spider.
like a fall from a ladder would be immediately reported.
Quoting from the Terminix website we find this about the
brown recluse:
As a matter of fact, OSHA considers these types of bites
recordable in some cases.
“As its name suggests, the brown recluse spider is a shy
intruder drawn to clutter and dark, under-used areas … [This]
In our two cases above one is recordable and one is not. The
means they are often found in locations where humans do not
wolf spider bit the Superintendent while he was at work and
frequent. They can be found in stored items such as shoes,
the hospitalization definitely made it recordable; but had he
clothing, bedding and decorations.”
received proper care immediately after he received the bite,
it could have been a simple matter of first aid. The bite from
The spider, having nested undisturbed in the cavity of the
the brown recluse occurred because the man’s personal vehicle
seats, bit the worker the first time he got back on the road. The
20 BuildHoustonOnline.com October - November 2020SA F ETY
Continued from page 8
But wait! Even the letter has its own set of twisties. As which was related only to road/highway work, OSHA has
was
youleft unused
read at his own
the OSHA home and itletter,
interpretation can beit presumed the
appears hi-vis https://www.osha.gov/Publications/rodents_snakes_insects.html
already stated therein that construction vehicles in work
OSHA Quick Facts: Insects, Spiders, Ticks, Vermin, Wild or Stray Animals, Snakes
spider
vestsfound its way infor
are reserved from his homesite,
heavy highway not
andhis worksite,
other road and
work areas pose the same hazards and “all” workers should be
https://www.osha.gov/OshDoc/data_Hurricane_Facts/black_widow_spider.html
(except it
therefore ofiscourse for flaggers) until these words turn up:
not recordable. protected
Black with hi-vis garments.
Widow Spider
https://www.osha.gov/OshDoc/data_Hurricane_Facts/brown_recluse_spider.pdf
“The Federal Highway Administration’s (FHWA) … final rule So Hi-Vis
Brown RecluseVests…to
Spider wear or not to wear? If there is vehicular
OSHA does require employers to manage “vermin” to the best
(Worker Visibility, 23 CFR Part 634) demonstrates the need traffic whether from construction vehicles or from public
offor
your https://tpwd.texas.gov/education/resources/texas-junior-naturalists/snakes-
allability.
workersHere’s
whoanare
excerpt from an
exposed OSHA
either toInterpretation
public traffic traffic, the answer Texas
alive/venomous-texas-snakes appears
Parks &to be yes.
Wildlife ButSnakes
Poisonous I’m opento
Letter (link in the endnote):
or to construction vehicles and equipment to wear high- arguments. I always expect surprises when traveling the
https://tpwd.texas.gov/education/resources/texas-junior-naturalists/be-nature-
visibility apparel. Section 634.3 of the Worker Visibility safe/venomous-snake-safety#copperheads
twisties.
Snake Safety u
Texas Parks & Wildlife Venomous
“Vermin control.All Every
Rule states: enclosed are
workers…who workplace
exposed shalleither
be soto
traffic (vehicles
constructed, usingand
equipped, themaintained,
highway forsopurposes of travel)
far as reasonably Tara Maria Amavi, is the Founder/President of TCA/
or to construction equipment within theorwork area shall The Compliance Alliance L.P. TCA has provided
1 https://www.osha.gov/laws-regs/standardinterpretations/2012-02-01 services
Spider
practicable, as to prevent the entrance harborage of bite is recordable and duty to control vermin
to almost 1000 companies nationwide and TCA’s
wear high-visibility
rodents, safety
insects, and other apparel.
vermin. The purpose
A continuing of this
and effective predictive analytics software, TCA Instant!, the first
requirement, as stated in section 634.1, is “to decrease
extermination program shall be instituted where their presence of its kind in construction industry safety, has been
Tara Maria Amavi, is the Founder/President of TCA/The
isthe likelihood
detected. 1
” of worker fatalities or injuries caused by… ranked #1 in the world for managing contractor safety
Compliance Alliance L.P. TCA has provided services to
construction vehicles and equipment” by a Fortune
almost 100 company.
1000 companies The and
nationwide TCA TCA’s
Safetypredictive
System®
is peer-acknowledged
analytics as a method
software, TCA Instant!, based
the first upon
of its kindTCA’s
in
If OSHA
you don’t want
uses bugGeneral
the bites on your
DutyOSHA 300 to
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insist workers
citations own tradeindustry
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whichhasgets
beenbetter
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for hazards
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immediately by industry,
so proper regardless
care can ensure no traditional safetyworld
and, for
therefore,
managing saves lives. Amavi
contractor safety was
by anamed
Fortuneone
100of
Houston’s 50 Mostcompany.
InfluentialTheWomen by Houston
TCA Safety System®Woman magazine, and
is peer-acknowledged
of whether
emergency or not there is a specific regulation. The
develops. as a method
listed as one of Who’s Who in based
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by Compliance secretsA which
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risk of being struck by vehicular traffic on commercial gets Amavi
after public speaker, better has
results than traditional
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& national radio and
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Amavi wasincluding
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The following links OSHA and Texas Parks & Wildlifeof television BusinessMakers,
by Houston Woman magazine, and listed as one of Who’s Who in Safety by
the absence of a regulation. And, while the letter
are very helpful in training employees about creature-related limits, radio show previously hosted by John Beddow & Russ Capper. Ms. Amavi
Compliance Magazine. A sought after public speaker, Amavi has appeared on
in closing, its answer to the particular question asked, may
local be contacted
& national at hello@tcamembers.com
radio and or 713.263.7661.
television programs including five appearances on The
hazards and providing first aid advice for some common Texas
BusinessMakers, a radio show previously hosted by John Beddow & Russ Capper.
nature-related hazards: Ms. Amavi may be contacted at tara2014@tcamembers.com or 713.263.7661.
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10 BuildHoustonOnline.com June/July 2020
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