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Construction-Industry

Substance Use in the Construction Industry: Are you addressing it?

February 13, 2018 No Comments

The opioid crisis seems to be in the news a lot lately. Construction firms may be faced with the difficult tension of helping employees stay drug-free and maintaining a safe work environment. Drug use is more prevalent in high-risk industries and construction is typically considered a high-risk profession. This is not something to turn a blind eye to and if you do, you could find yourself in hot water down the road. Here are a few ways to address the issue. Prevent drug use among employees. Some construction firms have seen success with providing a rewards program for employees who maintain a safe work environment. This could include bringing in a third party to evaluate the safety of the job site. Another plus? If you do this, you may be able to lower your insurance premiums. 2. Discuss the connection between mental health and drug use early on. The Construction Industry Rehabilitation Plan (CIRP) in Canada has found that most of the people who seek treatment through them are in their 30s and 40s. Providing education to employees before they reach that age, and reach the point of substance abuse, could drastically reduce substance use. 3. You may also want to implement a policy for random drug screening and the consequences of a positive drug test. Talk with your attorney about the best way to do this. The challenge with random drug screens is the volume of employees construction firms typically have and the need to complete construction projects quickly. 4. Are you committed to helping your employees that do use substances? Make sure your company has a clear policy and stance on this issue before you encounter an employee in this situation. You may decide to put a policy in place that provides treatment to employees who have substance abuse problems. The next question is how and when you can reintegrate an employee back into the company and ensure sobriety? Think about these tough questions and develop company-wide policies ahead of time so when you face this difficult issue, you are prepared. If you aren’t addressing substance use, you could be putting your employees at risk in addition to the consumers who ultimately use or inhabit your finished construction project. Has your construction firm made a pledge to reduce substance abuse in your community?

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Addressing the Construction Worker Shortage Across the U.S.

January 24, 2018 No Comments

According to a recent survey which questioned 1,000 firms nationwide, the construction industry is decidedly on an upswing. Firms appear to be optimistic and the demand for all types of construction services continues to increase. This overall optimism is seen in both public and private sectors which may be due to a combination of a business-friendly regulatory environment, current economic conditions, and the anticipation of infrastructure investments. But things aren’t all positive on the horizon. Because of the rapid growth the U.S. is experiencing, a large majority of firms are having a serious struggle to obtain qualified construction workers. In fact, 82% of the firms questioned stated that they expect to face difficulties in hiring and recruiting qualified workers in the coming year. That is a whopping 76% increase from last year. This is creating fierce competition between companies and poses a very real challenge for companies and their bottom line. Addressing the Shortage Because of this growing need, companies are getting creative to find ways to draw more workers into the industry. Construction industry leaders are looking for ways to change the general perceptions of the construction industry. Frankly, the industry has not been notoriously popular with young people who are entering the workforce. What many don’t realize is that over time many workers can earn a six-figure income. This quandary was recently addressed the National Association of the Remodeling Industry (NARI). The group met in Chicago to brainstorm and find solutions to the worker shortage. While much was covered, several action items were identified. One way to reduce the shortage to is to create an incentive for young people to consider entering a trade school, as opposed to a traditional college. Historically, there was a belief that if you want to be successful, you need to go to college. Trade schools were often thought of as a fallback position rather than a goal. This perception needs to be changed. Women are notoriously in the lowest demographic for the construction industry and are truly an untapped resource. More effort needs to be made to utilize women for the contributions they can make in the industry. Any concerted effort to change the industry needs the support of Washington, D.C. to gain regulatory and legislative leverage. This means doing what needs to be done to increase awareness and presence in Washington and educate the powers that be about the dire need for their support. What Can be Done Locally? There are things we all can do to help the shortage and further boost the upswing and growth that is expected for the coming year. Here are few suggestions: Create a Company Culture of “Safety First”: Putting the safety and well-being of your workers at the forefront not only helps morale, but it also minimizes your risk of losing workers to injuries and accidents. Carefully Screen Future Employees: Make sure that new employees embrace your beliefs regarding safety and promote it. Encourage the Sharing of Information: Your veteran employees are a valuable resource. Encourage them to share information with the more inexperienced employees. Both groups can learn from each other. Support Your Veteran Employees: Your older employees are valuable. Make sure you are providing them opportunities to grow and provide ongoing training for new skills or to refine old ones. Support Efforts in Your Area to Promote Career Education: This can be accomplished through partnering with a national organization or perhaps directly with a local school. This can help draw younger people that are looking for a career and may not have otherwise considered the construction industry.

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Construction-Contracts

5 Tips When Dealing with Construction Contracts

December 18, 2017 No Comments

Whether you are a general contractor or a subcontractor, it is important to have a complete understanding of your construction contract before starting the project. Often in the negotiation stage, the primary focus is on the client. You, of course, want to secure the job and give them what they are asking for. There are important points to keep in mind, however, when you are entering into a new agreement that can make or break the job down the line should a problem arise. Needless to say, having a lawyer review your contract is highly recommended. An experienced construction attorney often sees the same problematic clauses repeatedly, particularly when standardized contracts are used. Your lawyer will be able to negotiate changes and possibly rework a clause that isn’t to your benefit and can open you up to potential liability in the future. Get the Complete Contract Document Keep in mind that often, what you end up signing isn’t the complete contract Often there are attachments, exhibits, project specifications and other addenda that are important parts of the agreement. It is also important to be aware that a contract can legally bind not only the general contractor and owner, but it can also bind a subcontractor, even if they didn’t sign the actual document. Indemnity Clauses Many people don’t fully appreciate what an indemnity clause is before agreeing to it. To indemnify a party, you are assuming responsibility for them. The term “hold harmless” means that you are waiving any right you may have against another party. You may be able to negotiate these clauses in some instances, but if not, it is important to be aware of what you are agreeing to. Bond Rights and Liens Remember that if anything goes awry with a project, a lien or bond may be your only means of getting paid. These are important rights, so it is not a good idea to waive them. Warranty Period Start Dates It is generally to your benefit to have the warranty period of your contract begin when your work is completed, not when the entire project is complete. If you agree to have your warranty start when the project is complete, you could be unknowingly and substantially extending your warranty period. Always Get it in Writing This may sound like a no-brainer, but it happens all too often, particularly with change orders. If you do not have a change documented and something goes wrong, you could run into trouble down the road. If you have any questions about the above or want to talk about a construction matter, please contact me.

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Driving in Winter Weather

December 14, 2017 No Comments

Driving in winter weather can come with all sorts of unexpected dangers – slick roads, stranded vehicles, limited visibility and more. Keep these 5 tips in mind and share with your loved ones to be prepared for the unexpected this winter. Stay informed. Before heading out, make sure you are up-to-date on road and traffic conditions. Use KanDrive or MoDot to stay informed. Knowing these conditions before you head out will allow you to plan adequately for the delays and still arrive at your destination safely and on-time. Create a vehicle inspection routine. With winter weather comes ice and snow. Plan a routine that allows extra time before you leave the house to inspect your vehicle and clear off anything that may obstruct your visibility. You should also plan to routinely check things in your vehicles such as wiper blades, belts and hoses to ensure you don’t run into trouble on the road. Reduce your speed and drive with extra caution. Reducing your speed will increase your time to react – reduce your speed for wet, snowy and icy conditions and in cases where visibility is limited. Leave extra room for you and the car in front of you; winter road conditions could create longer stopping distances. Be cautious around snow plows. Remember, they travel under the speed limit and have a limited field of vision. Be patient. Create a winter survival kit for your car. These things will come in handy if you were to get stranded or stuck without help. Consider keeping these items in your car: red flags, matches/lighters, blankets, fuses/flares, ice scraper, snow shovel, jumper cables, first aid kit, non-perishable food and tow ropes/chains. Remember these tips to keep you and your family safe during this upcoming winter season.

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Protecting-Your-Business

Protecting Your Business During the Cold Weather Months

November 21, 2017 No Comments

As the weather changes, different safety issues arise. In the summer, there are warm weather hazards to be aware of such as heat stroke and dehydration. Now that we are moving into the colder months, you should stay aware of how this change affects your employee’s safety and your bottom line. Protect Your Employees Cold, wet weather presents a variety of potential hazards for workers. These hazards can include cold stress, slipping and falling and seasonal illnesses  The Occupational Safety and Health Administration (OSHA) has created recommendations to follow in order to minimize these hazards. According to OSHA, “employers have a responsibility to provide workers with employment and a place of employment which is free from recognized hazards, including winter related hazards.” Workers may experience physical symptoms from colder weather, known as cold stress. This is where the body can no longer maintain its regular temperature. Fingers and toes can become less sensitive and frostbitten as well,  which affects dexterity in operating machinery. Slipping and falling on wet icy surfaces also becomes a hazard during the colder months. To address these hazards, many companies will provide their workers with hats, gloves, jackets and other weather protective gear. While OSHA doesn’t require this, it is highly recommended. In addition, they recommend the following precautions be taken: Provide engineering controls for your workers to cope with cold (radiant heaters); Train supervisors and employees to recognize the signs of cold stress; Schedule work during the warmest time of day; Schedule breaks in warm areas; and Have employees work in pairs. Protect Your Schedule Depending on what state you live in, a serious winter storm may come as no surprise. If you live in a place where snow storms are predictable, a company should not expect any time extensions because of the weather. It is not a bad idea to consider the average weather patterns for your area when planning a job. If rain is normal for November, for instance, provisions should be made ahead of time for rain tarps, wet weather gear, rental heaters and concrete blankets. You should also take into consideration the extra gas and heating costs during this time and a loss of productivity from your workers. Experts contend that there is an average of 10-15% drop in productivity during the colder weather months. Plan Ahead When negotiating a winter job, parties should agree well in advance who will be responsible for bearing the extra expense involved. This shouldn’t be settled over coffee and a handshake, but put in writing in the contract. If you are negotiating a job that will begin in December for example, order your cold weather supplies now. Be prepared for the inevitable will keep your employees safe and comfortable and will help your project run smoothly.

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From the Road to the Kitchen: Thanksgiving Safety Tips

November 21, 2017 No Comments

Millions of Americans gather with loved ones to celebrate Thanksgiving. The includes road trips to family who live in other states and lots of cooks in the kitchen. Did you know that Thanksgiving is the peak day for home fires as a result of cooking? Take a few minutes with your family to review these safety tips before your Thanksgiving celebration! Tips for the Road: Don’t be a rule breaker. Follow the speed limit, slow down for work zones, don’t follow too closely, come to a full stop at stop signs and don’t speed through red lights. Make frequent stops. Road trips can feel long and can cause you to become drowsy. Split up the driving between a few drivers and rotate frequently. If you are the only one able to drive, make sure you take rest breaks to stretch your legs and keep your mind active and aware of your surroundings. Prepare before you go. Check your tire pressure and oil levels. Take care of any maintenance before hitting the road. Clean your headlights, taillights and windows. Remember your headlights. Turn your headlights on as soon as dusk approaches and remember to use headlights if you are driving in inclement weather. Tips for the Kitchen: Test your smoke detectors prior to Thanksgiving Day. Keep the kitchen floor clean of children’s toys to avoid tripping in the cooking area. Keep all sharp and hot objects, such as knives, pushed far back on the counter and out of children’s reach. Use timers and never leave cooking food unattended– this will reduce the risk that you forget the stove or oven is on. Unattended cooking is the leading factor contributing to cooking fires. Keep children and pets out of the kitchen and away from the cooking area. Food can splatter unexpectedly and hot food can seriously injure your children. Keep unnecessary items away from the stove. Pot holders, oven mitts, utensils, food packaging and towels can all catch fire quickly. Keep a fire extinguisher in the kitchen, just in case. Regularly clean your cooking area to reduce grease buildup that could lead to a fire. Do one final check of the kitchen before leaving or going to bed to ensure all stoves, ovens and appliances are turned off and, if appropriate, unplugged. Enjoy the holiday with your loved ones!

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