ASA Just Briefly

Welcome New Members

Credit where credit is due

Lorenzo Ramirez of San Diego Powder & Protective Coating earned a $100 Visa gift card for bringing in new ASA member Aerotek and Jennifer Hartpence received a $100 Visa card for signing up Simplebuild.

Now it's your turn to bring in a member and score a gift card! Executive Director Nancy Grimes has information that will help you. Email nancy@sandiegoasa.org.

Registration is Open for the

First Annual Poker Tournament

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2021-2022 Board of Directors

The votes are in and tallied. Please welcome the

2021-2022 ASA Board of Directors...

President - Richard Gabaldon, Brady SoCal

Vice President - Tim Fair, South Bay Welding

Treasurer - Trent Brown, BRTK, LLP

Secretary - Matt Becker, Cement Cutting

Governor - John Luft, Southland Electric

Board Members

John Isham, Casper Company

Terrie Lopez, Clark Steel Fabricators

Bill Bodenstadt, CMR Risk & Insurance Services

Brian Haskell, Chula Vista Electric

Scott Uren, Titan Fire Protection

John Shelby, SNS Concrete

Legal Counsel - Kevin Cauley, Schwartz Semerdjian Cauley & Evans, LLP

Your ASA President Says...

Hello All,

Well, the time has come when I will be stepping out of the President's roll and turning the reigns over to Richard Gabaldon. It has been a true honor and pleasure serving as ASA President the last 2 years. Part of me feels cheated as we missed the last year and a half due to COVID and it is hard to believe how many events we missed. Thankfully, we are on the upswing and are on a recovery path. There is a light at the end of the tunnel.

I move on from presidency knowing the ASA will be in great hands with the upcoming Executive Board and I will continue to see everyone's smiling faces during my two years as Governor.

Best of luck to the incoming officers and best of luck!!!

Best wishes,

John Luft

Outgoing ASA President

johnl@southlandelectricinc.com

Schwartz Semerdjian Cauley & Evans LLP

Elevates Kristen Bush to Partner

The law firm of Schwartz Semerdjian Cauley & Evans (SSCE) has announced the promotion of attorney Kristen Bush to partner. As the firm’s newest partner, Kristen will handle business and commercial litigation, construction litigation and employment litigation.

“Kristen is a longtime attorney with a tremendous track record of client victories, and we are thrilled to be part of this important leadership step in her career,” said SSCE Managing Partner Ross Schwartz. “Kristen’s unique background has flourished over the years and we look forward to continuing to offer her expertise to our clients.”

Bush specializes in commercial litigation representing individuals and businesses in contract disputes, professional liability, insurance coverage, construction defect, and other business torts. As an experienced litigator representing both plaintiffs and defendants, Kristen focuses on efficient and effective resolution of legal disputes to achieve clients’ goals.

Kristen is dedicated to promoting ethics and professionalism in the field while honing her litigation and leadership skills. She was selected to join the American Bar Association's Tort Trial & Insurance Practice Leadership Academy - an honor that only 25 attorneys nationwide receive. In 2021, she was selected as a Super Lawyer, Rising Star in Business Litigation - a peer-reviewed recognition granted to no more than 2.5 percent of attorneys in each state.

Prior to joining Schwartz Semerdjian, Kristen gained experience as a Judicial Extern for a United States District Judge of the Southern District of California. During law school, Kristen was an Executive Editor of the San Diego Law Review and a Law School Councilor on the Graduate Student Council. Kristen is a graduate of the University of San Diego School of Law and the University of California, Merced.

Kristen and her husband enjoy taking their two young children on camping adventures and cheering on the San Diego Gulls Hockey team.

City of San Diego Launches Small Business Support Service to Boost Economic Recovery

PROGRAM PROVIDES DEDICATED PROJECT MANAGERS TO GUIDE BUSINESS OWNERS THROUGH COMPREHENSIVE PERMITTING AND CONSTRUCTION PROCESS

SAN DIEGO – To support the economic recovery of small businesses and restaurants impacted by the COVID-19 pandemic, the City of San Diego this week launched the new Small Business and Restaurant Assistance (SBRA) Program. Through SBRA, qualified local businesses can access support to easily navigate the City’s planning requirements and permitting process, expediting construction projects and improvements that can give businesses a boost and help grow their operations.

Mayor Todd Gloria’s “Back to Work SD” budget plan, unanimously approved by City Council last month, provides funding to establish the first-of-its-kind program, operated through the City’s Development Services Department.

“This small business concierge service, provided by the SBRA Program, will help equitably jumpstart the City’s economy by targeting those that need assistance the most,” said Mayor Todd Gloria. “Our permitting process is complex and it can be difficult to navigate, especially for new or small businesses. This service will give those business owners a direct line of support and make it easier for them to complete upgrades and improvements to help their businesses thrive in our great city.”

Many small businesses and restaurants with 25 or fewer employees – including restaurants, retail shops, home offices and businesses, gyms, catering facilities, and hair and nail salons – qualify for the SBRA program. For a complete list of program qualifications and exclusions, visit sandiego.gov/SBRA.

To get started, business owners are encouraged to search the City’s Open Counter Business Portal to identify requirements and fee estimates for their project. Then, applicants can schedule a virtual counter appointment to go over their application and make sure that it is complete, and then apply for the building permit. Once a permit application is submitted, the project will be placed into review and a DSD project manager will work directly with the applicant to resolve any conflicts or questions.

“COVID-19 was devastating to our local small businesses and restaurants. As small business owners research online what is needed to remodel, repair or undertake a new construction project, DSD reviewers and planners will be available to guide them through the ins and outs of the process,” said DSD Director Elyse W. Lowe. “We want to provide immediate assistance to help our economy recover and get our small businesses back to work again.”

The new SBRA program is an integral part of #DigitalDSD, an initiative to modernize all DSD workplace systems and cost-effectively leverage technology to increase productivity and improve service delivery. Other #DigitalDSD services include all new permits being processed online, virtual over-the-counter appointments, the launch of an online portal to assist local businesses with outdoor expansion during the COVID-19 pandemic and virtual inspections for construction projects.

8 Policies to Review Before Returning to Work

Courtesy of CMR Risk & Insurance Services

Returning to in-person work is a top priority for many workplaces. As the impact of the COVID-19 pandemic lessens, employers are eager to get employees back in their buildings. But that comes with a series of complications.

The most significant complication is the fact that every workplace decision in the immediate future will be viewed through COVID-19-colored glasses. In other words, while the pandemic may be getting under control, it’s still top of mind for many people. Knowing this, employers will need to balance policies against health concerns. This means potentially updating preexisting policies or adding new ones to conform to the current reality where employees are still dealing with the lingering effects of the COVID-19 pandemic (e.g., greater dependent responsibilities, health conditions, financial disruptions, etc.).

To assist this effort, this article outlines eight workplace policies that employers may consider revisiting prior to reopening their businesses for in-person work. Reevaluating policies now can help better transition employees back into the workplace later.

READ 8 POLICIES

Revisions to the COVID-19 Prevention ETS

Courtesy of BBSI

We know this past 15 months has been unusual, resulting in lots of changes from Cal OSHA. Below is a summary of the most current revisions to the COVID-19 Prevention Emergency Temporary Standards. We’ve also included a link to the Cal-OSHA FAQs page on the changes, as well as a link to the revised ETS and program template. We recommend that you and your team review this as soon as possible. If you have any further questions or would like clarification on specific scenarios, please feel free to contact your Risk Consultant.

Employers will need to update their written COVID-19 Prevention Program to comply with the revised ETS requirements and comply with the other requirements in the revised regulations. Cal/OSHA has also published FAQs to the revised ETS.

Face Coverings

· Fully vaccinated employees are not required to wear face coverings while indoors or in vehicles. Employers should collect documentation showing that the person received either the second dose in a two-dose or a single-dose COVID-19 vaccine.

Unvaccinated employees are required to wear face coverings while indoors and in vehicles.

Documentation of Fully Vaccinated Status

· An employee has the right to decline to state if they are vaccinated or not. In that case, the employer must treat the employee as unvaccinated and must not take disciplinary or discriminatory action against the employee.

· Employees provide proof of vaccination (e.g., vaccine card, image of vaccine card or health care document showing vaccination status) and the employer maintains a copy of the vaccine record. Or,

· Employees provide proof of vaccination, and the employer maintains a record of the employees who presented proof, but not the vaccine record itself. Or,

· Employees self-attest to vaccination status and the employer maintains a record of who self-attests.

Masks & Respirators for Unvaccinated Employees

· Employers provide 2-ply masks to any unvaccinated employee who works with others indoors or in a vehicle, Employer also to provide respirators (such as N95 masks) to employees that request them.

Exclusion from the Workplace

· Employers are still required to exclude COVID-19 cases from the workplace until they meet certain return to work criteria.

Other Requirements

· The revised ETS additional requirements include, but are not limited to: a written COVID-19 Prevention Program, training and instruction to employees, notification to employees of exposure and close contacts, notification to public health departments of outbreaks, requirements for responding to COVID-19 cases and outbreaks, and quarantine and exclusion pay requirements. Hygiene practices, screening questions and temperature checks also remain.

· Fully vaccinated employees do not need to be offered testing or excluded from work after close contact unless they have COVID-19 symptoms.

Cal/OSHA's Revised Standards to Allow Fully Vaccinated Employees to Work Without Masks

Courtesy of Schwartz Semerdjian

Cal/OSHA revised its emergency temporary standards for workplaces regarding COVID-19 infection prevention, and Governor Newsom signed an executive order making them immediately effective.

Employers are still required to maintain a written COVID-19 Prevention Program, but there are some key changes to mask wearing and other requirements now that we have record low case rates and California has administered 39 million vaccine doses.

Employers must document which employees are fully vaccinated. There are two ways to document this. Employees can provide proof of vaccination (vaccine card, image of vaccine card or health care document showing vaccination status) and the employer can maintain a copy or record of who presented proof. Alternatively, employees can self-attest to vaccination status, and the employer must maintain a record of who self-attests.

In general, fully vaccinated workers without COVID-19 symptoms do not need to wear face coverings indoors. The only exceptions to this are those working in indoor settings in which everyone must wear a face covering, which currently includes public transit, K-12 educational facilities, health care and long-term care settings, correctional and detention facilities, and shelters (homeless or emergency shelters and cooling centers).

Workers who choose to wear a face covering even if not required to do so are protected from retaliation. Also, fully vaccinated workers need not be tested or quarantined after close contacts with COVID-19 cases unless they have symptoms.

An employer is not obligated to require employees to submit proof of being fully vaccinated, so an employee has the right to decline to state if they are vaccinated or not. In that case, the employer must treat the employee as unvaccinated.

Employers must provide all unvaccinated employees with N95s or other respirator masks if they work with others indoors and request one. Though face coverings are not required outdoors, employers must communicate to workers that face coverings are recommended for unvaccinated persons outdoors where six feet of physical distancing cannot be maintained.

Finally, employers can eliminate physical distancing and partitions/barriers unless there is an outbreak of three of more COVID-19 cases in an exposed group of employees.

Is My Construction Company a Qualified Minority Business Enterprise (MBE)?

Courtesy of TSIB

Many construction projects have both State & Federal Diversity participation goals that Owners, General Contractors, and even Prime Contractors are trying to achieve. These goals often require that a certain percentage of the Project’s contract value is awarded to certified MBE firms.

A Minority Business Enterprise (MBE) certification identifies companies that are owned by a minority group. Always refer back to your contract, but typically minority groups are classified as:

Black American Business Owners
Hispanic American Business Owners
Asian American & Pacific Islander Business Owners
Native American or Alaskan Native Business Owners

READ MINORITY GROUPS

AUG 12 First Annual Poker Tournament @ BBSI (REGISTER NOW)

SEPT 1 Membership Mixer @ Golf Bar (REGISTER NOW)

SEPT 8 Meet Your GC w/ Hensel Phelps

SEPT 29 GC & Public Agency Showcase @ Bali Hai

OCT 12 Bluebeam Seminar @ Division 23

NOV 2 Cyber Security Seminar @ Division 23

NOV 8 Fall Golf Classic @ Shadow Ridge Golf Club

DEC 1 Holiday Mixer & Casino Night @ Bahia Resort Hotel

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