DIGITAL DISRUPTION · 2020. 10. 10. · ABC LEADERSHIP Chair Phil Restivo - Turner Construction...

BUILDHOUSTONONLINE.COM

O C T O B E R / N O V E M B E R 2 0 2 0

THE LATEST TECHNOLOGY TRENDS AND WHAT CONTRACTORS NEED TO KNOW ABOUT THE FUTURE

REPORTING WORK-RELATED

DIAGNOSES TO OSHA

HOW TO PREPARE FOR (AND SURVIVE) PHOTO CREDIT: GEOFF LYON

SATTERFIELD & PONTIKES’ OUTLOOK ON THE CURRENT CONSTRUCTION MARKETPLACE

COVID-19

DIGITAL DISRUPTION

2 BuildHoustonOnline.com October - November 2020

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“BIC Recruiting knows the industry better than anyone and has a broad network we could tap into. The BIC Recruiting team did an outstanding job

for us and I would definitely recommend them to my peers.”

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“If you are serious about acquiring the top management talent in our industry, BIC Recruiting must be considered. You won’t be disappointed.”

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THE INDUSTRY IS GROWING. Do you have the employees you need to grow with it?

Industrial Sales

Sales Management

Operations Management

Marketing Management

Accounting Management

HR Management

Safety Management

C-Level Executives

October - November 2020 BuildHoustonOnline.com 3

LetterFrom TheChair

PHIL RESTIVOTURNER CONSTRUCTION

ABC Greater Houston 2020 Chairman

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 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.

In August, the chapter held a STEP Parade at the ABC Office and 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!


ABC LEADERSHIP

ChairPhil Restivo - Turner Construction

Chairman ElectSam Craig - Craig & Heidt, Inc.

Vice ChairmanJohn Glaze - Fast Track Specialties

SecretaryParis Gill - KBR

TreasurerMark Rush - Ham, Langston & Brezina, LLP

Past ChairmanBrandon Mabile - Performance Contractors, Inc.

PresidentRussell Hamley - ABC Greater Houston Chapter

2020 BOARD OF DIRECTORSWarren Adamson - S&B Engineers and Constructors

Rusty Barnhill - Force Corporation

Sara Bongard - SpawGlass Construction Corp.

Dwayne Boudreaux - Ref-Chem, L.P.

Edwin Brink - Worley

Robert Burelsmith - E. E. Reed Construction, L.P.

Joe Cotten - Chamberlin Roofing & Waterproofing

Bob Deatherage - Bechtel Construction Services

Darlene East - Holes Inc.

Stuart Folse - Cajun Industries, LLC

John Golashesky - Turner Industries Group, LLC

Robert Hancock - Munsch Hardt Kopf & Harr

Mike Holland - MAREK

Elaine Howard - Andrews Myers, P.C.

Michael Luck - Locke Solutions Precast Division

David McCleskey - Brown & Root Industrial Services, LLC

Saleem Qassem - Structure Tone Southwest, LLC

Zac Ridner - Fleet IQ

Wendell Rychlik - W.T. Byler Co. Dennis Yung - Skanska USA Building

Silvia Zurita - Synergen

Lohn Zylicz - D.E. Harvey Builders, Inc.

Build Houston Magazine4910 Dacoma StHouston, Texas 77092(713) 523-6222

Publisher/Owner: Associated Builders & Contractors of Greater HoustonExecutive Editor: Jennifer WoodruffAssociate Editor: Lauren HarrellGraphic Designer: Robert Chevis

Contents

COVER STORY

WORKFORCE

LEGAL

BUSINESS

ALSO IN THIS ISSUE

13

6

8

10

SATTERFIELD & PONTIKESSatterfield & Pontikes’ innovative tools allows their project teams to increase their effectiveness and overall project efficiency.

HOW TO PREPARE FOR (AND SURVIVE) DIGITAL DISRUPTIONNew technologies and elements of automation are changing the way work is done and with it the skills workers need to perform their roles and bring projects to completion. These changes are happening at an accelerating pace.

REPORTING WORK-RELATED COVID-19 DIAGNOSES TO OSHAOSHA recently released revised enforcement guidance that provides employers with substantive direction concerning the recording of COVID-19 cases.

ANALYZING COST AND SCHEDULE ISSUES ON CONSTRUCTION PROJECTSSchedule delays and cost overruns are constant threats to construction projects. When they do occur, determining responsibility is a major challenge and can be a point of contention.

Satterfield & PontikesConstruction, Inc.

14 THE LATEST TECHNOLOGY TRENDS AND WHAT CONTRACTORS NEED TO KNOW ABOUT THE FUTURE

16 AN AVENUE TO FUTURE EMPLOYEES: SERVE ON AN ADVISORY COMMITTEE

18 ACCOMMODATING LEGAL OPIOID USE

20 WHEN INSECT BITES ARE RECORDABLE

22 ABC HOUSTON MEMBER NEWS


ADVERTISERS

New York, NY | River Edge, NJ | Miami, FL | Washington, D.C. | Los Angeles, CA | Oakland, CA | Chicago, IL

HOUSTON | DALLAS | AUSTIN

PECKAR & ABRAMSON, P.C.

COUNSEL TO THE CONSTRUCTION INDUSTRY

Andrews Myers...............................................11

BIC Alliance…..............................................……2

Craig & Heidt……………………………………..….22

Interface Consulting.......................................21

Kilpatrick Townsend & Stockton, LLP............7

Marek Brothers Systems……………………….19

Merit Professional Coatings……………….....17

Peckar & Abramson...........................................5

Porter Hedges..................................................17

TCA/The Compliance Alliance LP................12

W.T. Byler Co....................................................24

August - September 2020 BuildHoustonOnline.com 5

ADVERTISERS

American Mat & Timber................................11

Andrews Myers...............................................19

Coastal Ice & Water...........................................2

Craig & Heidt....................................................11

Interface Consulting.......................................21

Kilpatrick Townsend & Stockton, LLP............7

Marek Brothers Systems..................................7

Merit Professional Coatings..........................23

Peckar & Abramson...........................................5

Porter Hedges..................................................17

TCA/The Compliance Alliance LP................12

TDIndustries.......................................................9

W.T. Byler Co....................................................24

National PresenceLocal Attention

Counsel to the Construction Industry

New York, NY | River Edge, NJ | Miami, FL | Washington, D.C. | Los Angeles, CA | Oakland, CA | Chicago, IL

Peckar & Abramson has been dedicated to serving the construction industry for more than 40 years. Ranked #1 among Construction Executive’s “The Top 50 Construction Law Firms™” two years in a row, and recognized in Construction Law as Band 1 both in Texas and nationally, the firm is “second to none” according to Chambers USA.

HOUSTON | DALLAS | AUSTIN

June/July 2020 BuildHoustonOnline.com 5

American Mat & Timber ...............................5

Andrews Myers, PC ......................................17

Apollo Construction Inc. .............................15

Batten Drilling................................................15

Coastal Ice & Water ........................................2

Craig & Heidt ....................................................5

Gulf Coast Stabilized Materials LLC ..........15

HMD Builders ................................................15

Hohmann & Barnard .....................................7

Houston Barricade and Supply .................15

Interface Consulting International ...........10

Kilpatrick, Townsend & Stockton ..............19

Lone Star Fire Stop, LLC. .............................15

MAREK .............................................................21

Merit Professional Coatings .......................13

MLN Company ................................................7

Overhead Door Company of Houston ....15

Porter Hedges ...............................................11

R.M. Rodgers, Inc. .........................................15

Slack & Co. Inc ................................................19

TCA/The Compliance Alliance L.P. ..............9

The Dauber Stopper ....................................15

TW Mechanical ................................................7

W.T. Byler Co ..................................................24

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N ew technologies and elements of automation are changing the way work is done and with it the skills workers need to perform their roles and bring projects to completion. These changes are happening at an accelerating pace.

In June, UpSkill Houston released a report that details the disruption that greater automation and increased requirements for digital skills is causing regional workers, specifically those in occupations that require more education and skills development than gained through high school but less education than a bachelor’s degree (“middle-skill” occupations).

Data in the report show that more than 50 percent of “middle-skill” occupations in the Houston region will face above average risk for disruption through either displacement or task restructuring. Certain occupations within construction likely face increased use of technology which will change how work is done. The report outlines ways in which employers can help employees remain agile and adaptable to changes in the industry and in the workplace.

The adoption of new technologies does not necessarily mean that workers will be displaced by machines or computerized systems. In many cases, workers will need to work with or alongside new technologies, like cloud-based collaboration tools, remote control systems for heavy machinery and mobile data collection or communication devices (among others mentioned throughout this issue) – and develop the skills to do so. Workers will need to learn how to use these applications and devices and understand

how to read, analyze and interpret their outputs. As the pace of technological integration increases and the half-life of skills shortens, employees will need to adapt and develop new capabilities with more and more frequency and urgency. Employers can help workers meet these new demands by championing and supporting efforts to build and improve their digital skills.

The adoption of automation technologies could be more disruptive to an employee's daily work or responsibilities. For example, prefabrication would allow a growing share of construction work to be performed under controlled conditions, like in a factory-like setting. In cases where an employee’s tasks could be automated, it might make sense for that employee to take on a different role or occupation that calls for adjacent experience, education or skills.

Employers and industry leaders can take steps now to aid these transitions for the future benefit of their workers and their operations. Employers can identify and explore skills and competencies employees need to be successful in various occupations within an industry or across industry lines and begin to map these adjacencies and progressions. Ultimately, employers could then plot how an individual could move or progress from one occupation to another based on the skills, experience or education they have or could obtain or strengthen. For example, an individual hired as a helper in a construction craft could become a craft professional, journeyman or first-line supervisor through long-term on-the-job training, apprenticeships or by gaining additional skills in areas such as project management, costing or computer-aided design (CAD).

WORKFORCE

B Y P E T E R B E A R D

How to Prepare For (and Survive) Digital Disruption


On The LevelWith a global reputation for innovation, tailored client service and predictable outcomes, Kilpatrick Townsend is the smart choice for your construction and infrastructure legal team.

www.kilpatricktownsend.com© 2020 Kilpatrick Townsend & Stockton LLP

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 evolving – and increasingly digital – regional economy. u

Peter Beard is the Greater Houston Partnership’s Senior Vice President of Regional Workforce Development. He leads the Partnership’s UpSkill Houston initiative, which works with employers, 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 Nature of Work” report at Houston.org/UpSkillHouston.


LEGAL

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 .

Reporting Work-Related COVID-19 Diagnoses to OSHA

E mployers are generally not responsible for reporting employees’ positive COVID-19 diagnoses to the U.S. Department of Health and Human Services or the Texas Department of State Health. However, employers may overlook the ordinary reporting requirements for

workplace illnesses that must be made to the Occupational Health and Safety Administration (OSHA), including reporting COVID-19 diagnoses. With that in mind, OSHA recently released revised enforcement guidance that provides employers with substantive direction concerning the recording of COVID-19 cases.

Under OSHA’s recordkeeping requirements, covered employers must record on their OSHA 300 log any confirmed COVID-19 diagnosis that is both: (1) work-related; and (2) involves OSHA general recording criteria. A condition is “work-related” if “an event or exposure in the work environment either caused or contributed to the resulting condition.” An illness involves OSHA general recording criteria if, among other things, it results in days away from work or medical treatment beyond first aid. Any COVID-19 case will necessarily involve OSHA general recording criteria, since a confirmed case will, at a minimum, require days away from work. However, determining whether the illness is “work-related” is a more difficult task. Recognizing this difficulty for employers, OSHA’s revised guidance provides that it will exercise substantial discretion in enforcing the reporting requirement. In general, an employer is only responsible for reporting a confirmed COVID-19 case if: (1) there is objective evidence that the diagnosis may be work-related (e.g., cluster of cases among workers in close proximity without an alternative explanation; illness is contracted shortly after lengthy close contact with coworker/customer with confirmed diagnosis); and (2) the evidence was reasonably available to the employer (e.g., reports from employees). OSHA’s revised guidance also provides that employers should make a reasonable investigation into work-relatedness. According to the guidance, it is sufficient in most circumstances to: (1) ask the diagnosed employee how they believe they contracted COVID-19; (2) discuss with the employee any work or out-of-work activities that may have led to exposure; and (3) review the employee’s work environment for potential exposure (i.e., identify whether others in that work environment have contracted COVID-19). If, after the inquiry described above, an employer cannot determine whether

it is more likely than not that the employee’s illness is work-related, the employer does not need to record that COVID-19 diagnosis. In sum, OSHA’s reporting requirements are mandatory, and they may be easily overlooked as employers deal with other pressing aspects of managing their workplaces during this pandemic. OSHA’s revised guidance makes clear that the recording requirements are not onerous and that OSHA will exercise significant discretion in enforcing those requirements where employers have made a reasonable effort to comply. A “covered employer” is any employer with ten or more employees that is not in an exempt industry classification. The list of industries exempt from OSHA’s recordkeeping requirements can be accessed by visiting https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904SubpartBAppA. u

Jake Lewis, Gray Reed & McGraw LLP

Jake Lewis focuses his practice on resolving a broad

range of employment litigation matters, including

defense of employers under Title VII, the Americans with

Disabilities Act, the Age Discrimination in Employment

Act, the Fair Labor Standards Act, the Family Medical

Leave Act and state anti-discrimination laws. He has

significant experience handling Department of Labor

audits and related litigation involving misclassification of employees and

payment of overtime and minimum wage. Jake also prosecutes and defends

unfair competition disputes from preliminary injunctive relief through trial,

typically involving non-compete agreements, non-disclosure agreements

and misappropriation of trade secrets.

Vernon Howerton, Gray Reed & McGraw LLP

Vernon Howerton helps businesses avoid and resolve

commercial disputes through negotiation, alternative

dispute resolution and litigation, with an emphasis

on construction and government contract law. He has

more than 25 years of experience helping construction

owners, contractors, subcontractors and suppliers

enforce and defend their rights in disputes arising from

public and private heavy civil, industrial, telecom and commercial project

contracts. Vernon also presents and defends various bid protests related to

federal, state and local government contracts and defends OSHA citations

for workplace safety violations.


Leadership ForumStarts January 7th

CLASS OF 2021

Do you have what it takes to be a leader, but need some mentorship and guidance? Maybe you’re looking to polish your leadership skills and learn to be an effective communicator. Whatever your leadership “pain point” may be, the ABC Leadership Forum can help you reach your highest leadership potential. Set up with interactive learning sessions, taught by industry leaders, the 2021 Leadership Forum will prepare you for the leadership challenges ahead. Students will learn:

LEADERSHIP DEVELOPMENTBUSINESS DEVELOPMENTCLOSING THE DEALINTERACTIVE SESSIONS

Learn more and register at www.abchouston.org

Leadership ForumStarts January 7th

CLASS OF 2021

Do you have what it takes to be a leader, but need some mentorship and guidance? Maybe you’re looking to polish your leadership skills and learn to be an effective communicator. Whatever your leadership “pain point” may be, the ABC Leadership Forum can help you reach your highest leadership potential. Set up with interactive learning sessions, taught by industry leaders, the 2021 Leadership Forum will prepare you for the leadership challenges ahead. Students will learn:

LEADERSHIP DEVELOPMENTBUSINESS DEVELOPMENTCLOSING THE DEALINTERACTIVE SESSIONS

Learn more and register at www.abchouston.org


BUSINESS

S chedule delays and cost overruns are constant threats to construction projects. When they do occur, determining responsibility is a major challenge and can be a point of contention. Oftentimes, it is only after the project has suffered negative effects that their causes are given

the attention they deserve. Once a party finds a delay or cost overrun, identifying the applicable contract requirements is critical for determining responsibility and assessing entitlement to time extensions and/or additional compensation. However, contractors can take several proactive steps to assist in resolving these matters when they occur. These can include documenting the project’s baseline, identifying variations to the baseline, and maintaining a contemporaneous record.

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 against the project’s baseline schedule and estimate, respectively. In either scenario, the primary question that must be answered is, “What is the basis for measuring changes?” In all cases, careful and deliberate analysis of the contract documents at the outset of a project is necessary to determine the foundation for the project’s baseline schedule and baseline estimate. This analysis should be aimed towards identifying the contract deliverables as well as the responsibilities of various stakeholders, as ambiguity can result in areas of contention. Notice provision requirements, potential weather impacts, receipt of design information, permit approvals, and 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 impacts from RFIs, change orders, unforeseen conditions, force majeure events, etc.—during early schedule development is also important.

After reviewing pertinent information and defining the baseline schedule and baseline estimate, contractors can evaluate any deviations. Including certain schedule activities, logic ties, or both in the baseline schedule can help the parties identify and monitor

the impacts of variations as the schedule is updated throughout the project. This process can assist with describing the impact associated with variations surrounding a given stakeholder’s responsibilities on the project and assigning responsibility for those impacts. Regarding the baseline estimate, contractors can use specifics such as quantities, manpower, and budgeted costs to measure and report progress and forecast the impact of variations. Recording contemporaneous data applicable to progress, such as the items discussed above, against these baselines is an important step towards timely resolving disagreements between the parties. More contemporaneous documentation results in a fairer and more tenable outcome for all parties, as this documentation is typically the best record of what actually happened on a project. In instances where less contemporaneous data is available, delayed resolutions are common.

Retroactively assessing responsibility for such issues is a time-consuming and costly task with an outcome that is frequently dependent on the amount and quality of information available. However, equally as important is the ability of those analyzing the matter at hand to understand and consolidate the facts into a thorough, concise, and understandable summary of why the delays and cost overruns occurred, as well as who is entitled to relief. The timely resolution of these complex issues benefits from expert analysis of contemporaneous data, development of meaningful visual representations of the data, and effective presentation of the facts to project stakeholders. u

Michael Purtell, a senior managing consultant with

Interface Consulting, provides expert services on

complex engineering and construction projects across a

variety of industry sectors. Mr. Purtell analyzes change

order management, construction defects, planning, and

procurement, among other issues, and has provided

expert testimony relative to construction management,

damages, and schedule delays. Formed in 1986,

Interface has been a member of ABC for over 25 years.

B Y M I C H A E L P U R T E L L

Who’s Responsible? Analyzing Cost and Schedule Issues

on Construction Projects


Business Insight from the Ground Up

Andrews Myers brings a wealth of construction industry experience and I have been extremely impressed with their turnaround time and rates.

-Beau Pollock President Trio Electric, LTD

TOLL–FREE: 866.535.2329 • www.AndrewsMyers.com

CONSTRUCTION | REAL ESTATE | CORPORATE | ENERGY | EMPLOYMENT | BANKRUPTCY - CREDITORS’ RIGHTS | LITIGATION & ARBITRATION

Thursday, October 22nd, 4:00pm-5:30pmA Virtual Presentation

www.ABCHouston.org/EIC

Recognizing ABC member contractors who build excellence

into their projects, their teams, safety

philosophy, and everything they do.

Join ABC members for a virtual presentation of the 2020 Excellence in Construction award

finalists. Forty-three projects will be vying

for top honors and ultimately one will be

named the “Best of Houston.”

12 BuildHoustonOnline.com October - November 2020The Compliance Alliance Journey Climb Ad - 209971.indd 1 5/10/19 12:01 PM


E arly in the recession, Satterfield & Pontikes Construction (S&P) saw a large portion of private work put on pause. For the most part, public work continues to move forward. However, Satterfield & Pontikes Vice President, John Marshall, has seen

an influx of firms who previously pursued primarily private work switch to public work pursuits, which means the competition pool approximately doubled in a very short amount of time. The summary is the construction industry may be in a much more competitive marketplace because of fewer opportunities overall.

“Pricing, simply put, is uneven,” says Marshall. “There are no consistent patterns or trends on pricing that we have been able to track. The pricing with the most variability has been in labor. Variable pricing with materials is dependent on labor too. If it is a material that involves heavy labor such as casework, then pricing is still affected. Overall, pricing has come down some but certainly not as much as many would expect.”

Technology is being utilized heavily during the COVID-19 pandemic to ensure jobs are on-time. “Collaboration in construction is essential, but what if you can’t collaborate in person?” says Marshall. “We had to adjust to working remotely, utilizing technology internally and 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 ahead of upcoming developments. Some things that we were doing prior to COVID had to change to suit the current situation.”

Marshall says, just like everyone else, S&P is managing and responding to things in real-time due to the day-to-day news cycle.

“It is difficult managing during these times, but we are staying positive and doing the very best we can,” continues Marshall. “We take in the information and have to account for some misinformation and know that there are always going to be competing perspectives that can make things difficult for 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 change every day, especially with the wave of differing information happening on a regular basis. The industry as a whole will come out on top if companies continue to be flexible and integrate innovative opportunities within their organization and in their communities.

“We will all come out stronger if we can continue to be creative and look at challenges and hiccups as opportunities and embrace the fact that we are all in this together,” says Marshall. u

The Compliance Alliance Journey Climb Ad - 209971.indd 1 5/10/19 12:01 PM

SATTERFIELD & PONTIKES’ OUTLOOK ON THE CURRENT

CONSTRUCTION MARKETPLACE


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

B Y L A U R E N H A R R E L L

THE LATEST TECHNOLOGY TRENDS AND WHAT CONTRACTORS NEED TO KNOW ABOUT THE FUTURE


from March through August. These safety reports help crews continue driving projects forward while making job sites safe for workers and everyone involved along the way.

“The second trend is the adoption of cloud-based products that enable a more connected design and construction process – a game-changer within the industry and growing trend even before the pandemic began,” continues Scott. “Moving data to the cloud and shifting to a connected construction approach allows teams to collaborate efficiently and effectively across the lifecycle of a project, drastically reduce data loss from one phase to the next, and break down silos by keeping all critical information in one common location that the whole team can work within, no matter where they are.”

The pandemic has only accelerated the switch to the cloud. According to Forbes1, cloud-based tools were surging in popularity, but the onset of COVID-19 has caused the demand to skyrocket. Cloud computing, which has been touted for its flexibility, reliability, and security, has emerged as one of the few saving graces for businesses during the pandemic. It is critical for companies to maintain operations, but even more critical for their ability to continue to service their customers.

“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 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 conferences, industry professionals are always on the go. The ability to access tools and information easily helps to increase productivity anywhere.2

ABIS provides automation tools designed for the construction industry, and utilizes an integrated computer system called ERP, that allows businesses to integrate different aspects of their business such as production, logistics, inventory, and accounting.

According to Russel Schulte, President of ABIS, “The most important tool in today’s technology for a contractor is a mobile device that allows for documenting the job, time tracking, purchase orders, and records retrieval. Imagine being able to pull up any drawing at any time. Basically, put all information that one needs on the jobsite in the hands of the crew. The accuracy and time savings greatly pay for the investment many times over. When people onsite can instantly answer all their questions themselves, it gives everyone in the company more time to do more important things.”

As the construction industry continues to work through and after the COVID-19 pandemic, construction companies that can adopt, adapt to, and leverage technology will help get an edge on the competition and keep growing. u

Resources1. Ellis, Evan. Forbes Magazine. The Current Pandemic Gives Cloud Computing a Needed Jolt. 2020. https://www.forbes.com/sites/forbestechcouncil/2020/05/22/the-current-pandemic-gives-cloud-computing-a-needed-jolt/#2c8093e56a09

2. Jones, Kendall. Construct Connect. Going Mobile: The Benefits of Mobile Construction Technology. 2018. https://www.constructconnect.com/blog/going-mobile-benefits-mobile-construction-technology

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W hile the State’s educational communities strive to provide the best possible workforce education programs and courses to meet the demand for skilled workers, another pressing need continues. That need is for members of the business and

industry community to serve on a college or high school Career and Technical Education (CTE) Program Advisory Committee.

Traditionally, an advisory committee provides a format for the sharing of relevant information and ideas. Membership is typically comprised of business and industry community members, from outside of the field of education, whose expertise and experience represent a particular occupational field. Advisory committees can be established for a single workforce education program such as Welding Technology or for all of the CTE programs at a school district. Advisory committees typically meet two to three times per academic year to assist educators in developing, maintaining, and evaluating workforce education programs and courses.

So why do schools need advisory committees? In addition to complying with Federal and State regulations, it just makes good sense to have a venue that can assist educators to better understand the workforce training needs and employment opportunities for their students. Committee members can assist schools in various matters such as reviewing curriculum, evaluating classroom and laboratory facilities, serving as a classroom speaker, arranging for field trips, creating student internship opportunities, assisting with supplemental funding, donating supplies and equipment, etc. One key element to keep in mind is that the role of a committee member is one of advice: not administration. Serving on an advisory committee lets school districts know how important they are to the community and traditionally provides committee members a premier avenue to interview/hire future employees.

As the NCCER curriculum modules are being embedded in more CTE courses, the opportunity to hire a high school graduate with more craft-related skills should increase. To strengthen that process and provide input that encourages CTE programs to be designed

to meet the area workforce employment needs, colleges and high schools need the advice of local area business and industry professionals to guide them. A premiere way to assist with such advice is by volunteering to serve on an advisory committee.

While attending the Education Symposium - Trends Affecting 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 presentation she spoke of the strong partnerships the District has with the local ISD’s and the importance of partnerships San Jacinto College has with industry. Dr. Hellyer stated, “The most important partnership we have with industry is advice. We depend on industry to guide us on what programs and courses we should have.” The advice from industry that she related to typically comes from members of the business and industry community who volunteer and serve on one or more of the numerous Technical Education programs that the college has to offer. For all of our area colleges and high schools, such advice is still relevant in 2020 and required to ensure the educational community offers courses that are directly related to meeting the workforce needs of industry.

I read an article in The Atlantic that indicated more than half (53.6%) of America's college graduates under the age of 25 are either unemployed or working in a job that does not require a bachelor's degree. Advisory committee members have the opportunity and an obligation to fill an awareness gap to educators, to students, and ultimately to parents, of the career opportunities that are available to high school graduates that do not require a four year degree, especially when the educational programs offered reflect the needs of local business and industry.

As the start of a new academic year approaches, I encourage you to consider investing time for the future workforce by contacting a local college or high school and volunteering to serve on a CTE Program Advisory Committee. Serving on an advisory committee is an investment, worthy of our time and expertise, which can produce and increase the pipeline of our future craft professionals. u

B Y D R . S T E V E N H O R T O N

An Avenue to Future Employees: Serve on an Advisory Committee


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Steven F. Horton, Ed.D., is the Schools Training Division Director for the Construction and Maintenance Education Foundation with a primary focus on creating an employment growth

by promoting the Construction Industry as a career choice to students in local high schools. As a former State Board Member for the Texas Association of College Technical Educators, Dean of Technical Education, and department chair/faculty member, Dr. Horton spent nearly 40 years providing supervision, support, and administrative leadership in the development, implementation, and evaluation of technical education programs, courses, and facilities to meet the career and educational goals of students in workforce education.


LEGAL

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 return to work.

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. The names of employees who test positive for COVIS-19 must also be kept confidential. u

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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 [email protected].


LEGAL

B Y M A R K J O D O N

Accommodating Legal Opioid Use

O pioid use is a significant problem in the construction industry. The most recent statistics from the CDC indicate that construction workers are responsible for the highest percentage of opioid-related deaths in several states, and accounted for more than 46,000 deaths

in 2018. (Statistics for 2019 are not yet available from the CDC.) The main contributing factor is the physically demanding nature of the construction jobs. The injury rate within the construction industry is 77 percent higher than the national average. Injured workers are frequently prescribed opioid pain medication to treat their pain, allowing the injured worker to return to work as soon as possible, even if not fully healed. This can prolong the opioid use and lead to addiction.

The Equal Employment Opportunity Commission (EEOC) recently issued a guidance concerning opioid use as it relates to the issue of accommodation under the Americans with Disabilities Act (ADA). See https://www.eeoc.gov/laws/guidance/use-codeine-oxycodone-and-other-opioids-information-employees. The EEOC guidance is written for employees but it is highly instructive for employers. The EEOC guidance distinguishes between “legal” and “illegal” use of opioids. The EEOC guidance states: “The ADA allows employers to fire you and take other employment actions against you based on illegal use of opioids, even if you do not have performance or safety problems. Also, employers are allowed to disqualify you if another federal law requires them to do it. But if

you aren’t disqualified by federal law and your opioid use is legal, an employer cannot automatically disqualify you because of opioid use without considering if there is a way for you to do the job safely and effectively.” Legal use of opioids includes prescriptions for drugs such as codeine, morphine, oxycodone (OxyContin®, Percodan®, Percocet®), hydrocodone (Vicodin®, Lortab®, Lorcet®), and meperidine (Demerol®). Legal use of opioids also includes prescriptions for methadone to treat opioid addiction through a Medication Assisted Treatment (MAT) program. The EEOC states in its guidance that employees may qualify for an accommodation in the workplace due to a medical condition for 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 “opioid use disorder” or “OUD”) is a diagnosable medical condition that can be an ADA disability. Employees may be able to get a reasonable accommodation for OUD; however, an employer may deny the employee an accommodation if the employee is using opioids illegally, even if the employee has an OUD. The EEOC further states that an employee may be eligible for an accommodation if the prescribed opioid medication interferes with the employee’s everyday functioning. With respect to reasonable accommodations under the ADA, an employer never has to lower production or performance standards, eliminate essential functions (fundamental duties)


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 rights upon completion of the leave. u

G. Mark Jodon is a shareholder in Littler Mendelson’s Houston office. Mark is board certified in labor and employment law by the Texas Board of Legal 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) 652-4739 and [email protected].


LEGAL

are negotiating a contract or executing a new lease, an e-signature may be acceptable so long as both parties consent to electronic signatures. If your business conducts day-to-day transactions, it might be worth it, after considering the issues discussed above, to switch to e-signature services to facilitate the process. However, keep in mind that all contracts still need to be carefully reviewed and analyzed prior to execution. UETA simply provides a more convenient option of signing a contract electronically. u

The information in this article is not intended to constitute legal or other professional advice and no attorney-client or other professional relationship is created. All information and content are for general informational purposes only. You are encouraged to seek legal advice from an attorney with respect to any particular issue or problem. The opinions expressed in this article are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Amando Ruiz is an associate with Munsch Hardt Kopf & Harr PC’s Construction Practice Group where he specializes in construction related legal matters including construction litigation and transactions. Amando received his Bachelor of Science in Civil Engineering from The University of Texas at Austin and his law degree from South Texas College of Law. He can be reached at [email protected].

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I wrote on the topic of insects, spiders, and snakes over a year ago. Given I received notice in recent weeks of TWO construction industry workers who nearly met their Maker over spider bites, I think this message may be an Oldie, but it is still a Goodie.

Construction and service work create many opportunities for workers to be exposed to insects, spiders, snakes, and more. Spiders hide in cool, dark places making it easy for a construction worker to become an accidental invader of the spider’s “home”. When this happens, the creature responds to his home invasion the same way you would---he attacks.

Recently a client’s employee was on an out-of-town project for two months. During that time, he left his personal vehicle behind, unmoved, for the entire two months. When he returned, he thought his only inconvenience was the dead battery. Wrong!

Leaving the vehicle untouched for two months made it the perfect “staycation” destination for a brown recluse spider. Quoting from the Terminix website we find this about the brown recluse:

“As its name suggests, the brown recluse spider is a shy intruder drawn to clutter and dark, under-used areas … [This] means they are often found in locations where humans do not frequent. They can be found in stored items such as shoes, clothing, bedding and decorations.”

The spider, having nested undisturbed in the cavity of the seats, bit the worker the first time he got back on the road. The

resulting bite was initially ignored, as is common in males of the human species, until it grew larger than his outstretched hand. By the time he received care, it was an emergency and had escalated into a full-blown staph infection that had entered his bloodstream.

When sharing this with the superintendent of another client, no names named, this superintendent confided a wolf spider, whose venom is typically mild to humans, almost cost him his life. He, too, initially ignored the bite until it landed him in the hospital for five days. The doctors told him that amputation of his arm was inevitable. Thankfully, he fully recovered without losing his arm.

In both of these cases, spider bites were the initial injury but the emergency arose because both men disregarded the potential seriousness of a spider bite and did not get proper care. Insect bites are NOT a trivial matter and, as you see, can quickly become life-threatening.

Insect bites should be immediately reported to supervisors just like a fall from a ladder would be immediately reported.

As a matter of fact, OSHA considers these types of bites recordable in some cases.

In our two cases above one is recordable and one is not. The wolf spider bit the Superintendent while he was at work and the hospitalization definitely made it recordable; but had he received proper care immediately after he received the bite, it could have been a simple matter of first aid. The bite from the brown recluse occurred because the man’s personal vehicle

B Y T A R A M A R I A A M A V I

AN OLDIE BUT A GOODIE

HE DIED OF A SPIDER BITE???? When Insect Bites Are Recordable

SAFETY


10 BuildHoustonOnline.com June/July 2020

But wait! Even the letter has its own set of twisties. As you read the OSHA interpretation letter, it appears hi-vis vests are reserved for heavy highway and other road work (except of course for flaggers) until these words turn up:

“The Federal Highway Administration’s (FHWA) … final rule (Worker Visibility, 23 CFR Part 634) demonstrates the need for all workers who are exposed either to public traffic or to construction vehicles and equipment to wear high-visibility apparel. Section 634.3 of the Worker Visibility Rule states: All workers…who are exposed either to traffic (vehicles using the highway for purposes of travel) or to construction equipment within the work area shall wear high-visibility safety apparel. The purpose of this requirement, as stated in section 634.1, is “to decrease the likelihood of worker fatalities or injuries caused by…construction vehicles and equipment”

OSHA uses the General Duty Clause to issue citations for hazards well recognized by industry, regardless of whether or not there is a specific regulation. The risk of being struck by vehicular traffic on commercial construction sites is empirically present, regardless of the absence of a regulation. And, while the letter limits, in closing, its answer to the particular question asked,

which was related only to road/highway work, OSHA has already stated therein that construction vehicles in work areas pose the same hazards and “all” workers should be protected with hi-vis garments.

So Hi-Vis Vests…to wear or not to wear? If there is vehicular traffic whether from construction vehicles or from public traffic, the answer appears to be yes. But I’m open to arguments. I always expect surprises when traveling the twisties. u

Tara Maria Amavi, is the Founder/President of TCA/The Compliance Alliance L.P. TCA has provided services to almost 1000 companies nationwide and TCA’s predictive analytics software, TCA Instant!, the first of its kind in construction industry safety, has been ranked #1 in the world for managing contractor safety by a Fortune 100 company. The TCA Safety System® is peer-acknowledged as a method based upon TCA’s own trade secrets which gets better results than

traditional safety and, therefore, saves lives. Amavi was named one of Houston’s 50 Most Influential Women by Houston Woman magazine, and listed as one of Who’s Who in Safety by Compliance Magazine. A sought after public speaker, Amavi has appeared on local & national radio and television programs including five appearances on The BusinessMakers, a radio show previously hosted by John Beddow & Russ Capper. Ms. Amavi may be contacted at [email protected] or 713.263.7661.

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Continued from page 8

was left unused at his own home and it can be presumed the spider found its way in from his homesite, not his worksite, and therefore it is not recordable.

OSHA does require employers to manage “vermin” to the best of your ability. Here’s an excerpt from an OSHA Interpretation Letter (link in the endnote):

“Vermin control. Every enclosed workplace shall be so constructed, equipped, and maintained, so far as reasonably practicable, as to prevent the entrance or harborage of rodents, insects, and other vermin. A continuing and effective extermination program shall be instituted where their presence is detected.1”

If you don’t want bug bites on your OSHA 300 log, insist workers report insect bites immediately so proper care can ensure no emergency develops.

The following links from OSHA and Texas Parks & Wildlife are very helpful in training employees about creature-related hazards and providing first aid advice for some common Texas nature-related hazards:

https://www.osha.gov/Publications/rodents_snakes_insects.htmlOSHA Quick Facts: Insects, Spiders, Ticks, Vermin, Wild or Stray Animals, Snakes

https://www.osha.gov/OshDoc/data_Hurricane_Facts/black_widow_spider.htmlBlack Widow Spider

https://www.osha.gov/OshDoc/data_Hurricane_Facts/brown_recluse_spider.pdfBrown Recluse Spider

https://tpwd.texas.gov/education/resources/texas-junior-naturalists/snakes-alive/venomous-texas-snakes Texas Parks & Wildlife Poisonous Snakes

https://tpwd.texas.gov/education/resources/texas-junior-naturalists/be-nature-safe/venomous-snake-safety#copperheads Texas Parks & Wildlife Venomous Snake Safety

1 https://www.osha.gov/laws-regs/standardinterpretations/2012-02-01 Spider bite is recordable and duty to control vermin

Tara Maria Amavi, is the Founder/President of TCA/The Compliance Alliance L.P. TCA has provided services to almost 1000 companies nationwide and TCA’s predictive analytics software, TCA Instant!, the first of its kind in construction industry safety, has been ranked #1 in the world for managing contractor safety by a Fortune 100 company. The TCA Safety System® is peer-acknowledged as a method based upon TCA’s own trade secrets which gets better results than traditional safety and, therefore,

saves lives. Amavi was named one of Houston’s 50 Most Influential Women by Houston Woman magazine, and listed as one of Who’s Who in Safety by Compliance Magazine. A sought after public speaker, Amavi has appeared on local & national radio and television programs including five appearances on The BusinessMakers, a radio show previously hosted by John Beddow & Russ Capper. Ms. Amavi may be contacted at [email protected] or 713.263.7661.


American Institute of Steel Construction Awards Mobil Steel AISC Safety Award

In August, Mobil Steel International, Inc. was awarded a safety award from the American Institute of Steel Construction. The award acknowledges the efforts a company has made to operate in a safe and efficient way, and honors a company for their record of hours worked with minimal days away and restricted time injuries in 2019.

Satterfield & Pontikes Construction Welcomes Matt Daniel as Vice President of Sales

On August 7, Matt Daniel joined Satterfield & Pontikes Construction, a Houston-based ENR Top 400 Contractor, as Vice President of Sales. In this role, Daniel, a 39-year construction industry veteran, will be responsible for executive leadership of

multiple sales teams throughout S&P and the company’s subsidiaries.

Daniel, a graduate of Texas A&M University, has previously worked for several well-known firms such as Skanska, KBR, Jacobs and Gilbane. Additionally, he has served on the Board of Directors for multiple industry, educational and not-for-profit groups including the Associated Builders and Contractors of Greater Houston, Houston Baptist University (HBU) College of Science and Engineering, and the Institute for Leadership in Capital Projects (ILinCP). He also has served as an Adjunct Professor at Texas A&M University, Prairie View A&M University and the University of Houston.

Interface Consulting Announces Team Promotions

Interface Consulting International, Inc. has promoted Gray T. Slocum, testifying expert with ten years of experience, to senior managing consultant. His work includes analyzing labor productivity, constructability issues, and schedule delays.

Additionally, Cody L. Crawford, who joined Interface in 2014 as a project consultant, has been promoted to senior consultant. His work includes analyzing safety issues, changes in design basis, and project management standard of care claims.

In their new roles, Slocum and Crawford will continue to guide the firm’s engineering and construction industry clients through the dispute resolution process while taking on greater leadership roles within their project teams.

Melton & Melton, L.L.P. Recognized in Construction Executive’s Accounting Firm Ranking

Melton & Melton, L.L.P. is pleased to announce that they have been recognized by Construction Executive in their annual The Top 50 Construction Accounting Firms TM publication. Construction Executive, Associated Builders and Contractor’s magazine for the business of construction, ranks and recognizes the top construction accounting firms in the country.

Construction Executive developed The Top 50 Construction Accounting Firms ranking based on the following data: 2019 revenues from construction practice, number of CPAs in construction practice, percentage of firm’s total revenues from construction practice, number of construction clients in 2019, number of office locations with a construction accounting practice, number of employees with CCIFP certification and year construction accounting practice established. The ranking was determined by an algorithm that weighted these factors in descending order of importance.

IN THE KNOW

Daniel

Slocum Crawford


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The Dauber Stopper ....................................15

TW Mechanical ................................................7

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DIGITAL DISRUPTION · 2020. 10. 10. · ABC LEADERSHIP Chair Phil Restivo - Turner Construction...

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