ABC Pelican Fall 2021 Newsletter

Merit Shop Message | Fall 2021

MERIT SHOP MESSAGE FALL 2021

THE BEST KEPT SECRET IN AMERICA OCTOBER: CAREERS IN CONSTRUCTION MONTH

Inside this issue How to Talk About Mental Health Southwest Fishing Tournament Young Professionals & Past Presidents Meet & Greet

Page 2 Page 5 Page 7

Page 7

Careers in Construction Month

Page 8

2022 Membership

Page 17

Pelican Chapter, Associated Builders & Contractors ABC Pelican is one of 69 chapters of a national construction industry trade association representing more than 21,000 members. Founded on the merit shop philosophy in 1980, the Pelican Chapter helps our members develop people, win work and deliver that work safely, ethically, profitably, and for the betterment of the communities in which we work.

Merit Shop is a way of doing business in which companies reward employees based on performance and encourage them to reach their highest level of achievement, and in which contracts are awarded based on safety, quality and value, regardless of labor affiliation.

MERIT SHOP MESSAGE FALL 2021

Editorial/Design Macie Morgan Writers & Contributors ABC National Janie Arceneaux David Helveston LWCC Brenna LeMaire Taylor Porter Ashley Rodrigue Lindsey Russ Shawn Worsham Russel Wray Anna Zebeau

Table of Contents

A Letter from the Chair 2 Southwest Fishing Tournament 5 Past President & Young Professionals 7 Meet & Greet Careers in Construction Month 8 A Letter from the President 12 2022 Membership 15 The Case for a Drug-free Workplace 22 Fall Golf Tournament 23 Sparking Conversation about Hot Work 26 Safety Legal Update 28 Annual Clayshoot 32 Welcome to our New Members 34

CONNECT WITH US!

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EXECUTIVE COMMITTEE BOARD OF DIRECTORS Chair Ben Brown Shawn Worsham Turner Industries Worley Tammy Corripio Chair Elect Primoris Services Josh Rounds Corporation Performance Contractors John Freeman Secretary Brown & Root Industrial Bryan Knost Services Wood Group Adam Landry Treasurer PALA - Interstate Ryan Girouard Hancock Whitney Bank Scott McKnight BXS Insurance Vice Chair Education Wes Mincin Aaron Patrich Triad Electric & Controls ISC Constructors Vice Chair Matt Shoriak Membership Growth EXCEL Group Scott Callaway Cajun Industries Andrew Thompson ISC Constructors Vice Chair Member Services Beau Leitner Seth Lemoine Doyle Electric The Lemoine Company Vice Chair Governmental Alternate Board Members: Relations John Cassagne Danny Campbell MMR Group Triad Electric & Controls Vice Chair Outlying Area Ben Fromenthal Donnie Braud Great River Industries L.S. Womack Legal Counsel: Immediate Past Chair Murphy J. Foster, III Carlos Guidry Breazeale, Sachse Turner Industries & Wilson, LLP

Editorial/Subscription/Advertising mmorgan@abcpelican.com

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HOW TO TALK ABOUT MENTAL HEALTH by: shawn worsham, worley

Dear Colleagues,

turned to them.

Most of us work for companies that focus on safety as a value. If you think about the safety moments you have been in over the last six months, most focus on physical safety and how we can prevent injuries. Less focus is placed on physical health and even less on mental health, though I have seen an increase in this subject matter over the last few years. I decided to focus my article on mental health and how it should be part of our total safety culture.

When deciding who to speak with, consider the people in your life who you trust to confide in and who have empathy and emotional intelligence. Is there a family member, a close friend, a teacher, a mentor, or someone else who you respect and feel comfortable opening up to?

September 10th was World Suicide Prevention Day. My company, like many uses this time of the year to increase our understanding of mental health. We have an Employee Assistance Program (EAP) and designated Mental Health Champions if someone prefers to reach out locally. The construction industry has one of the highest incident rates of suicide amongst the professions that are tracked. As a veteran, I am acutely aware of issues faced by those who served in combat.

Unfortunately, some I served with are no longer with us. Stigma surrounding mental health can all too often make talking about mental wellness difficult conversations to have. You might feel uncomfortable asking for help or checking in on how a friend or colleague is doing, unsure of what language to use or how to broach the topic.

At the end of the day what really matters is that you show that you’re there to listen and support the other person. Similarly, if you’re asking for help there’s no “correct” way to do it — it’s about reaching out and telling someone you trust that you need support. You may have noticed the NFL commercials about mental health or that your Doctor now ask you about your mental health at checkups.

We all have stress in our lives and people deal with it differently. It could be work, family, finances or just the churn of change we face. I recently attended a funeral for my first cousin. He was 55 and died from lung cancer. He struggled with mental health most of his adult life and sought unhealthy methods of coping.

It’s hard to say if these eventually led to his death but I know they contributed.

Below are some healthy ways to talk about your mental well-being and suggestions for how to check in with others regarding their mental health. I have included some sources at the end with links to sites where you can review additional topics.

Where to turn for support If you feel like you need support for your mental health it can often be difficult to reach out, but you’ll likely find that most people want to help and are honored you

If you’d prefer to set the stage before the conversation, mention to them that there’s something you’d like to discuss and schedule a time to talk. Try to find a private space where you feel comfortable and can speak without being interrupted.

If a face-to-face conversation feels too intimidating, try reaching out to someone via text. The mode of communication shouldn’t be a barrier to asking for help and connecting with someone you trust.

Suggestions for asking for help Writing down notes ahead of time about what you want to say may help focus your thoughts. Don’t feel like you need to express everything you’re feeling over the course of one conversation. Talking about what you’re going through is often a process that takes place over many discussions and will be a little different with each person you speak with.

There’s no need to be concerned if you don’t know how to express yourself or what to say — keep it simple and tell the other person that you’re feeling bad and don’t know where to turn to and would like help. Say things as they are, don’t make light of the situation or brush it off like it’s not a big deal. Your mental health matters and someone who has your best interests in mind won’t think you’re a burden.

Consider what kind of support you want — do you need help finding a professional to speak with, would you like someone to accompany you to an appointment, or are you just looking for a listening ear? Let others know what they can do to help.

In some situations, you may not get the response you were looking for. Mental health can be a difficult topic for some people to talk about — this may have to do with a lack of information, cultural aspects, someone’s background, or something else altogether. The important thing is that you don’t let this stop you from seeking help elsewhere.

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How to Talk About Mental Health Continued You’re in charge You make the decisions on who you share details about your mental health with and what aspects you want to speak about. If you’ve found resources you like, consider sharing them with others to teach them about your condition.

Speaking with trusted friends and family about your mental health is a good place to start. Eventually, you will likely want to speak with a professional as they’re trained to help you navigate challenges. It’s important to build a strong support network that includes a mix of family and/ or friends as well as professionals.

If you find yourself needing immediate help don’t hesitate to reach out to someone you trust, visit an emergency room, or contact a crisis hotline.

Ways to reach out If you’re concerned about someone else’s well-being and want to check in on them, it can be challenging to know how to begin the conversation. Even though it’s tough to talk about, don’t postpone the discussion hoping that the other person brings it up — mental health is important and the sooner that someone is able to get the help they need, the sooner they can begin their recovery.

Choose an appropriate time and place for the conversation, and maybe begin by asking them how they’ve been feeling lately. Try to keep your language “I” focused instead of “you” focused, for example, “I’ve noticed that your behavior has changed recently, and it concerns me. Are you doing alright?” Don’t get too caught up or worried about how you’re phrasing things, communicating that you’re there for them is the crucial part.

Try to maintain neutral, non-judgmental language and follow their lead regarding the direction and pace of the conversation. You don’t want them to feel like they’re being interrogated — your job isn’t to solve their problems, it’s to listen and offer support where you’re able to.

Show that you’re there You want to make the other person feel validated and understood. During the conversation, repeat back what they’ve said if you need to clarify anything. Don’t try to dominate the situation or instruct them on what to do.

Take cues from them about what the next steps are and ask what kind of support they need.

If you can relate to what they’re saying feel free to empathize with them by bringing up your own experiences, but don’t make the conversation about yourself. Keep the focus on them and their well-being.

Don’t dismiss their feelings with comments like “It’s probably just a phase” or “It’s not that big of a deal.”

Use your judgement to determine the best plan of action going forward. Sometimes an individual can be a danger 3

to themselves and needs professional help. If the person seems like they’re in immediate danger, seek professional assistance or contact emergency services right away.

Tips for following up Let the person you reached out to know that you’re there to talk in the future as well, and that it wasn’t just an isolated discussion. However, don’t feel like every conversation you have with them needs to revolve around their mental health. Strive to be a positive influence in their life — invite them to join you for activities or social get-togethers.

Pay attention to your language and take care not to define a person by their diagnosis, for example instead of calling someone “bipolar” say that they are “a person with bipolar disorder.” Never use derogatory terms and labels like “mental” or “insane.”

Learning about the mental health challenges that someone is facing can be a supportive way to show that you’re there for them. If you come across helpful resources, don’t be afraid to pass them along to the person who’s dealing with the condition.

Additional Sources: Child Mind Institute. How to Support a Friend with Mental Health Challenges: childmind.org/article/support-friendwith-mental-health-challenges/ Opens in a new window Child Mind Institute. How to Talk About Mental Health Issues: childmind.org/article/talk-mental-health-issues/ Opens in a new window Child Mind Institute. How to Talk to Your Parents About Getting Help: childmind.org/article/how-to-talk-to-yourparents-about-getting-help-if-you-think-you-need-it/ Opens in a new window Mental Health America. Time to Talk: Tips For Talking About Your Mental Health: mhanational.org/time-talk-tipstalking-about-your-mental-health Opens in a new window Mental Health Foundation. How to support someone with a mental health problem: mentalhealth.org.uk/ publications/supporting-someone-mental-healthproblem Opens in a new window National Alliance on Mental Illness. Disclosing to Others: nami.org/Your-Journey/Individuals-with-Mental-Illness/ Disclosing-to-Others Opens in a new window National Alliance on Mental Illness. How to Help a Friend: nami.org/Your-Journey/Teens-Young-Adults/How-to-Helpa-Friend Opens in a new window National Alliance on Mental Illness. Supporting Recovery: nami.org/Your-Journey/Family-Members-and-Caregivers/ Supporting-Recovery Opens in a new window

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SOUTHWEST FISHING TOURNAMENT BY: MACIE MORGAN, MEMBERSHIP & COMMUNICATIONS COORDINATOR, ABC PELICAN | AUGUST 2021 It could not have been a more perfect day to be back at Calcasieu Point. The first Southwest Fishing Tournament in two years did not disappoint. The fish were big, drinks were cold, thanks to Horne, LLP, company was exceptional, and the weather was beautiful.

The morning started early for most. The anglers and their teams started heading to the dock about noon where they weighed in their catches in hopes of joining the competition. Thank you to our leaderboard sponsors Greenberry and Wray & Associates Attorneys at Law. While the weigh-in was happening anglers and guests enjoyed some pulled pork sandwiches prepared by our lunch sponsor, Cotton Culinary.

Thank you to our other event sponsors; 24HR Safety, Bengal, CLM Equipment, H&E Equipment Services and Griffin Dewatering.

Congratulations to the tournament winners!

Category: Slot Redfish

Category: Speckled Trout - 5 Stringer

1 Place: Landon G., Performance Contractors (6.94lbs)

1st Place: Jeremy W. & Mark Z., EXCEL Group (11.5lbs)

2nd Place: Chad O., Performance Contractors (6.30lbs)

2nd Place: Taylor H. & Jamie B., MMR Group (10.9lbs)

3rd Place: Dylan Y., Performance Contractors (6.26lbs)

3rd Place: Bryan, Brent & Jake, TRIAD (8.62lbs)

Category: Bullred

Category: Redfish - Most Spots

1 Place: Jay Fullerton, LPR Construction (26.78lbs)

1st Place: Bryan D., TRIAD (8 spots)

2nd Place: Drew B., Thompson Engineering (25.52lbs)

2nd Place: Chad O., Performance Contractors (7 spots)

3rd Place: Hal McMillin, Thompson Engineering (24.3lbs)

3rd Place: Boone M., Thompson Engineering (6 spots)

Category: Speckled Trout

Category: Trash Fish

1 Place: Mark Z., EXCEL Group (3.4lbs)

1st Place: RJ C., Greenberry Industrial (Alligator Gar 29.74lbs)

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st

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2nd Place: Chris A., Greenberry Industrial (2.84lbs) 3rd Place: Taylor H., MMR Group (2.50lbs)

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2nd Place: Brent D., TRIAD (Black Drum - 7.16lbs) 3rd Place: David L., H& Equipment (Gaftop - 5.1lbs)

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YOUNG PROFESSIONALS & PAST PRESIDENTS MEET & GREET BY: MACIE MORGAN, MEMBERSHIP & COMMUNICATIONS COORDINATOR | SEPTEMBER 2021

Every September our Young Professionals get a chance to meet and chat one on one with the founders, leaders, and backbone of the ABC Pelican Chapter. On September 15 our Young Professionals met with our Past Chairmen at the Baton Rouge Country Club. The Young Professionals quizzed our past chairmen about their successful companies, their involvement with ABC and how ABC has shaped them, their companies, and the construction industry to what it is today. 2018 Chairman and former Training Center student, Carlos Guidry, Turner Industries, said it best, “Without ABC I would not be where I am at today.”

During the meeting we asked each of our past chairmen in attendance to tell the room what ABC means to them. One of our founders, Lane Grigsby, Cajun Industries, gave his recap of the construction industry

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in the 70s and 80s and the dangers that were associated with building a fair and open competition industry, such as the one we have today. He is proud of how far the construction industry has come and said, “ABC Pelican fought hard for this industry in the 1980s, so, today we can have a prosperous Louisiana construction industry.”

In agreeance with Lane, Art Favre, Performance Contractors, said “ABC gave us the strength to do what we needed to do to grow our businesses as merit shop contractors.”

We are proud to be a part of the critical steps in history that made the construction industry in Louisiana what it is today. We hope all our Young Professionals will follow in the footsteps of these fearless past chairmen.

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October: Careers in Construction Month ABC NATIONAL | OCTOBER 2021 In a Fall 2020 survey of 85,170 high school seniors, 67% expected to attend college, 13% were unsure about their future and only 8% said they would work at a full-time job after graduating. These stats should not surprise us because our society defines success by a college degree, but this is not the career pathway for everyone.

During Careers in Construction Month, ABC Pelican highlighted the ample benefits of industry careers that offers earn-while-you-learn craft education programs and opportunities to climb the career ladder.

Many young adults want to open their own business.

In construction, earning a college degree—and incurring tuition debt—is not a prerequisite to achieving that dream. Donn Peterson, Turner Industries, has made a career in construction for the last 26 years. He believes a career in construction invaluable. “Construction has become cutting edge, state of the art industry over the last two decades.

The use of real time technology in reporting, being an industry that now uses modeling programs

instead of paper plans, taking advantage of social media to communicate with clients and industry vendors lends itself to a younger demographic.

These last two generations who have grown up on 24/7 real time news and information reporting, bring an aspect to construction allowing for true, out-ofthe-box problem solving. Construction has become an art form, not just a hammer and nails. It’s not your Daddy’s building blocks anymore.”

Young adults should know construction salaries are competitive; average construction wages are about 10% higher than the average in all private industries.

Construction is also a field with minimal barriers to entry, and several of the highest-paid jobs in the country that do not require a college degree are related to construction.

No matter who you are, construction provides an opportunity for a well-paying, sustainable career, not just a job. With a big infrastructure bill on the horizon, the increased demand for construction services means more opportunities, and now is the time to consider a career in construction.

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CAREERS IN CONSTRUCTION by: david helveston, president & ceo, abc pelican October is officially Careers in Construction Month.

Throughout October, schools, contractors, and organizations will partner locally to host events or conduct activities that raise awareness and introduce students and young professionals to rewarding construction careers. Simply put, Careers in Construction Month is a nationwide campaign designed to educate the public about the opportunities available for a craft professional.

As we look to encourage even more young people to consider long-term career paths in our industry, ABC will continue to partner with organizations like Build Your Future for Careers in Construction month.

Build Your Future is a non-profit organization aiming to be the catalyst for recruiting the next generation of craft professionals. I would encourage you to get involved with this missiondriven organization if you are not already.

Informing the public about the construction industry through community involvement and social media is a powerful tool!

in Construction Month. More than 60 local high schools schedule half-day field trips for more than 1,000 students to learn about the many career pathways available for them in the construction industry. What a great way to showcase our industry and individual companies. This year, we’ve pushed back our Build Your Future Day to March at the Lamar Dixon Expo Center.

I hope that you and your company can find a way to participate in Careers in Construction Month and the upcoming ABC Pelican Build Your Future Day. If you need help getting involved, give us a call or swing by the ABC Pelican office. Our team loves to help our members get engaged with the future of our industry and tomorrow’s craft professionals.

There are many great ways for you and your business to participate in Careers in Construction Month and to promote a positive and realistic image of the construction industry. Sponsor a career fair. Open up your work site by arranging for students and young professionals to visit and see first-hand all of the amazing prospects in the construction industry. Host a parent night with local craft professionals presenting the career opportunities available to students. Hold a job shadow day for students to get a real feel for a day in the industry. You can visit Build Your Future’s resource page for more ideas as well as printable power points, bookmarks, posters, brochures, fliers, infographics, classroom activities, and more.

At ABC Pelican, we are excited to partner with many Louisiana contractors, industry professionals, suppliers, and other educational entities to host a large Build Your Future Day each year, usually in October in conjunction with Careers

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GET INVOLVED - JOIN A COMMITTEE! BY: ANNA ZEBEAU, MEMBERSHIP DIRECTOR When you choose to serve as a volunteer on a committee, you open a world of possibilities for networking and professional growth. Becoming involved on a committee is one of the best ways to build relationships and derive value from membership.

ABC member firms and volunteers are the backbone and lifeblood of this Association. ABC’s strength comes from the participation of its members’ representatives. They serve as a forum for exchange of information and help develop guidelines and standards to support the merit shop philosophy. Your input works towards positive change and forward direction.

Committee membership is open to all ABC member firms and their employees. If you would like to

ABC Pelican Committees:

take part in facilitating the many activities of the Pelican Chapter, please contact me at (225) 753.2541 or azebeau@abcpelican. com. You are also welcomed to contact the Chapter Staff person, as listed below, to find out more information about committees. For those contractor members in the Southwest part of the state or have branch locations or territorial coverage in southwest Louisiana, we have committees at our ABC Southwest Training Center, located in Westlake, Louisiana, that you can participate in.

Ambassador Club

Safety

Promote membership retention through development and implementation of member involvement programs.

Responsible for continually updating the membership on any new or revised standards and regulations, to provide oversight and review on all Pelican Chapter safety training and to promote the ABC National STEP Awards Program

Liaison: Anna Zebeau, azebeau@abcpelican.com Budget & Finance Repsonsible for providing an analysis of the expenditures of the previous fiscal period, preparing a budget for the suceeding fiscal year, and making recommendations to the Board of Directors for updating the current budget.

Liaison:Janie Arceneaux, jarceneaux@abcpelican.com Builders Council Responsible for developing and promoting activities of interest to merit shop builders.

Liaison: Danielle Labbe, dlabbe@abcpelican.com Education & Manpower Initiate and maintain the highest level of training and assessment of apprenticeship and craft training programs, with emphasis on safety, cost-effectiveness, workforce development and ensuring that local site owners, contractor members, schools and the community have access to a skilled workforce Liaison: Kacie Blanchard, kblanchard@abcpelican.com Governmental Relations Keeps ABC members abreast legal and regulatory issues relative to Louisiana’s construction industry and support grassroots efforts that promote the merit shop philosophy.

Liaison: Macie Morgan, mmorgan@abcpelican.com 15

Liaison: Kacie Blanchard, kblanchard@abcpelican.com Membership Growth Recruit, welcome and involve members of the association by employing new and innovative ideas and programs.

Liaison: Anna Zebeau, azebeau@abcpelican.com Member Services & Young Professionals (YP) Develop and promote activities of interest to all members.

YP - aims to shape the future of the industry by supporting the growth of professionals under 40.

Liaison: Lindsey Russ, lruss@abcpelican.com Southwest Steering Promote the merit shop in Southwest, LA. Liaison: Kirby Bruchhaus, kbruchhaus@abcpelican. com Southwest Training Made of SLCUC & ABC Contractor members to make recommendations and decisions based on training issues.

Liaison: Kirby Bruchhaus, kbruchhaus@abcpelican. com

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‘TIS THE SEASON OF RENEWALS BY: ANNA ZEBEAU, MEMBERSHIP DIRECTOR Where has this year gone? But here we are, knocking on the door of 2022! ABC Pelican Chapter’s fiscal year begins on January 1, 2022. I first want to personally express my sincere appreciation to all of our ABC members who renew their membership each year and participate in events and meetings throughout the year. Membership in this association is an intangible benefit that is sometimes difficult to understand, but the value that is realized by each of you renewing each year is what we hope you will recognize when remitting your membership dues.

Each year, the Board of Directors and the ABC Pelican Chapter Staff work diligently on training opportunities, programs and in making decisions that will add greater value to your membership and to ensure that your best interests are being addressed. This past year, we have made a concentrated effort in regards to legislative issues in the areas of Construction / Public Bid; Employment; and Business Issues. In addition to our legislative services and training opportunities, ABC Pelican Chapter is also committed to providing services, discount programs, educational conferences/ conventions and disseminating vital information that

will ultimately enhance your company’s profitability and help you remain as a valuable servicing company to your customers.

Please remember all of the efforts of this organization and our ability to be a valuable resource hinge on you continuing to support and participate in ABC Pelican Chapter. We thank you again for your membership renewal and remain committed to being an important advocate representing your company’s needs. I look forward to your involvement in 2022!

An Added Value to Your Company!

Since your company has received their 2022 membership dues invoices, please let me remind you of the 10 ways that ABC provides real value to your company.

closely with the National Center for Construction Education and Research (NCCER) to develop and update the curricula.

1. ABC Defends Your Company.

4. Fewer Accidents, Safer Employees.

No other association defends Free Enterprise and the Merit Shop like ABC. ABC is on the front lines aggressively defending your business against over-reaching politicians, excessive government regulation and unions. If you are a Merit Shop Contractor, then you belong to ABC!

ABC safety programs and products help contractor members maintain safer and more productive jobsites, one of the construction industry’s most critical components.

2. Networking Events to Increase Business.

Your company needs strong relationships to grow. ABC networking opportunities help you build strong relationships with other construction industry professionals.

Through committee meetings, networking groups and volunteer opportunities can open the door to meet with peers and like-minded construction professionals.

3. Merit Shop Craft Training ABC is a leader in apprenticeship and craft training for merit shop contractors. The Pelican Chapter delivers programs that equip craft professionals with the knowledge and skills they need to improve their productivity and safety and job advancement. The Pelican Chapter works

5. Business Development and Recognition To stay competitive, contractors are given the opportunity to showcase their projects and accomplishments through awards and accreditations.

6. Big savings on Vehicles, Fuel, Cell Phone Service, Shipping and more.

Discounts on General Motors and Nissan, Fuel, Verizon Wireless, and up to 50% on shipping services (FEDEX). For more information on member discounts, go to www.abc. org.

7. Workers for the Future.

ABC Pelican Chapter is reaching out to our future workforce through schools and at career fairs with the message that construction is a great career that pays!

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An Added Value to Your Company Continued 8. Stay Informed.

ABC provides a variety of resources that help contractors stay current with the industry-related information they need to make informed business decisions. ABC also provides communications leadership and support by working closely with the news media to communicate the industry’s position on a wide range of policy issues.

9. Competitive Benefit Programs ABC Merit Choice program is offered to all ABC members by providing them with objective, resource-based solutions that better equip them to attract, retain, and reward employees so they can grow consistently and profitably. This is accomplished through benefit programs, incentive-based programs, health and welfare programs and services.

10. Legal Assistance ABC members are offered the legal assistance in the construction industry. This program advances the merit shop principles, resulting in a stronger industry, and helps members with practical advice when they need it. This is accomplished through legal counsel at the national and local levels, labor relations, and conferences.

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PELICAN CHAPTER, ASSOCIATED BUILDERS & CONTRACTORS, INC.

13 MONTHS OF MEMBERSHIP FOR THE PRICE OF

12 MONTHS Become an ABC Pelican Chapter member now and enjoy 13 MONTHS OF MEMBERSHIP FOR THE PRICE OF 12 MONTHS! Any company that joins effective December 1, 2021 will receive the remainder of 2021 and all of 2022 for the price 12 months of membership.

WHY BECOME AN ABC PELICAN MEMBER? - Business Development opportunities - Governmental Relations representation, nationally & locally - Access to craft training for employees - Member only discount programs

ENJOY ALL THE BENEFITS OF AN ABC MEMBERSHIP! *Membership application and payment must be submitted to ABC by November 24, 2021.

For more information, contact Anna Zebeau at azebeau@abcpelican.com or 225.753.2541 www.abcpelican.org | @abcpelican

Please join us in celebration of our winning projects at the

2021 EXCELLENCE IN CONSTRUCTION & STEP AWARDS BANQUET THURSDAY, DECEMBER

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6-7PM: COCKTAILS 7-10PM: DINNER & AWARDS

L’Auberge Casino & Hotel Baton Rouge 777 L’Auberge Avenue, Baton Rouge, LA 70820

PRICING:

MEMBERS: $150 | TABLE of 10: $1,500 ANNUAL SPONSOR TICKETS AVAILABLE

SPONSORSHIP OPPORTUNITIES COCKTAIL SPONSOR (EXCLUSIVE): $5,000 PROGRAM SPONSOR (EXCLUSIVE): $2,000 WINE SPONSOR (EXCLUSIVE): $3,000 DESSERT SPONSOR (EXCLUSIVE): $1,500 CENTERPIECE SPONSOR (EXCLUSIVE): $2,000 EVENT SPONSOR: $500 CONTACT: Lindsey Russ lruss@abcpelican.com

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by Dec. 1

SAFETY NOTICE

The Case for a Drug Free Workplace Between careful machinery operation and avoiding dangerous mistakes, you’re always on the lookout for safety hazards. Increasingly more common however, are the workplace risks posed by drug and alcohol abuse. Illicit substances threaten the safety of employees across industries, which makes it all the more important to prioritize a drug-free workplace.

LWCC delivers best-in-class workers’ comp insurance, focused not just on life-long care of the injured worker, but providing improved safety, health, and wellness to workers across the state. We are Louisiana Loyal. Always.

Recognize Substance Abuse Employees who abuse drugs acquire 300 percent higher medical costs and benefits, which increases the rate employers pay for health insurance1. Additionally, employees who use drugs are five times more likely to file a workers’ comp claim2. Recognizing the signs of drug and alcohol abuse are the first steps to a safer workplace3: Fatigue Unexpected bursts of energy Paranoia Aggressive behavior Slow or slurred speech Frequent unexplained absences Smelling like alcohol or marijuana

A Drug-Free Program A comprehensive drug-free program creates a safer workplace for all and even reduces productivity losses.

For LWCC policyholders, our Safety Services Team is available to assist you in developing a model that fits your needs. There are many resources available to help companies build and manage drug-free workplace policies and best practices.

By implementing drug-free practices and accountability into company culture as part of standard safety procedures, you’ll see healthier and safer work environments that protect both you and your employees.

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U.S. Chamber of Commerce U.S. Department of Justice, Drug Enforcement Administration Kathleen Smith, PhD, LPC of Psycom

remains dedicated to helping our state thrive, as we continue to better Louisiana one business and one worker at a time. Learn more about our commitment to Louisiana at louisianaloyal.com.

FALL GOLF TOURNAMENT BY: LINDSEY RUSS, MEMBER SERVICES DIRECTOR | SEPTEMBER 2021 It is always a good day on the golf course with our members, supporting the merit shop! The rain held off just long enough for our members to enjoy a day of networking, friendly competition and as always, delicious food provided by our sponsors!

Thank you to our many sponsors: 24HR Safety, 3S Team, APC Construction, Ardaman & Associates, Austin Industrial, Baker GCI, Barriere Construction, Bengal, Bilfinger,

First Place: Barriere Construction, Jeff Romig & Mason Katz

Second Place: Turner Industries, Michael Schoen

Bottom Line Equipment, Braun Intertec, Claymar Construction, Doggett, Gainey’s, EIS, Infinity, EXCEL, Five-S, Hannis T. Bourgeois, GLO Resources, Horne, Lafarge, Insulations Incorporated, Lard Oil Company, Merit Electrical, Milwaukee, Modern Metals Recycling, MMR Group, On-Site Medical Solutions, PALA-Interstate, Patriot Construction, Prime Occupational Medicine and United Rentals.

Longest Drive Competition: Mason Katz

Congratulations to the tournament winners! In first place was Barriere Construction (Jeff Romig and Mason Katz), Turner Industries (Mike Mouch and Chad Bradley) came in second place and in third place was Hannis T. Bourgeois (Kyle Cook and Cole Arceneaux). Mason Katz, Barriere, won the Longest Drive competition and Hank Martin with Great River Industries won the Closest to the Pin competition.

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SPARKING CONVERSATION ABOUT HOT WORK SAFETY BY: ASHLEY RODRIGUE, STATE FIRE MARSHAL PUBLIC AFFIARS DIRECTOR

A collective “Come on man!” could be heard across Louisiana several weeks ago as people saw live video and images of smoke billowing up from the Caesars Superdome roof. With so many facing an extensive Hurricane Ida recovery and ongoing struggles with the COVID-19 pandemic, both crises everyone was hoping we would have left behind in 2020, the possibility of losing their fall Sunday respite as well was unfathomable.

Fortunately, the fire was contained quickly and resulted in only minor burn injuries to one individual and manageable cosmetic damage to the building. A statement from the Dome’s management company confirmed the cause was a flash fire that resulted from a contractor refueling a pressure washer in the gutter tub on the stadium’s roof. This outcome has sparked renewed conversation, and training, about something the construction industry is involved in day in and day out—hot work and the safety standards surrounding it.

According to the National Fire Protection Association (NFPA), hot work is defined as work involving burning, welding, or a similar operation that is capable of initiating fires or explosions, and the hazards of hot work are based on the potential it creates to unite all three parts of the fire triangle: oxygen, fuel and an ignition source. NFPA statistics from 2013-2017 show more than 4,600 structure fires that occurred involved hot work. Of those fires, 57% were in or on non-home properties.

The NFPA advises one key way to minimize hot work hazards is to utilize the “Recognize, Evaluate, and Control” process, which is covered in NFPA 51B. • Recognize- Determine if fire risks exist before hot work is started.

• Evaluate- Determine if hazards are present.

• Control- Take appropriate steps to eliminate or minimize the hazards.

The topic of refueling gas-powered equipment has been a popular one this and last hurricane seasons as our generator safety tips warn users to turn generators off and to wait 20 minutes before refueling them. That safety message lets a person know to recognize the potential risks when using a generator, how to evaluate when the generator can present a hazard, and how to avoid that hazard coming to fruition. But the same safety rule should have been common knowledge, and

practice, in the Superdome incident.

In fact, according to NFPA 241, Standard for Safeguarding Construction, Alteration, and Demolition Operations, 2013 Edition, Chapter 4 on Equipment specifically addresses standard 4.4.3 that reads: “Internal combustion engines and associated equipment shall be shut down and allowed to cool sufficiently prior to refueling.”

But to hone in on that “Control” component of the previously mentioned mitigation process, the NFPA recommends building owners and or facility managers to have a procedure in place for documenting hot work hazards and for advising all contractors about sitespecific potential fire hazards. The organization also advises contractors and/or job site workers to know the specific combustible hazards within a client’s property, where manual fire-fighting tools are located, and where hot work is not allowed. The statement on the Superdome incident did acknowledge the presence of a fire extinguisher nearby, and the attempt to use it to put the fire out, though that attempt was unsuccessful.

And one of the most critical hot work safety tips is being aware that fires can start after hot work is complete or shut down for the day. A fire watch must remain on site for a minimum of 60 minutes to monitor for smoldering fires, per NFPA 51B. If you’re interested in new and/or refresher training on hot work, the NFPA offers an online Hot Work Safety certificate program on their website: NFPA - Hot Work Safety Program As always, while we hate to see construction-related accidents, we know they can always teach us something.

Fortunately in the Superdome incident, we are able to simply be reminded of the importance of not only knowing hot work hazards and how to avoid them but the importance of maintaining that knowledge and safety standard as a top priority every time we step on or oversee a job site.

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CONTRACT INTERPRETATION & ENFORCEMENT IN ARBITRAION WHEN CAN AN ARBITRATION AWARD BE CHALLENGED? BY: RUSSEL W. WRAY, WRAY & ASSOCIATES Louisiana continues to struggle with unprecedented challenges including multiple major hurricanes, as well as the Covid-19 pandemic. Our courts are doing the best they can to cope with these obstacles. Arbitration, as an alternative to litigation, has never been more important than it is today. Arbitration can take a load off the court system at a time when that load is a heavy one to bear. The informality of arbitration lends itself to remote proceedings, some would say more so than the formalities of a court room, at this time. Our system of justice must, and will, evolve to meet the challenges we face.

However, while arbitration is favored, the participants must be vigilant to guard against abuses, injustices, and deprivations of the parties’ fundamental rights. The confirmation of an arbitration award by a court is necessary to transform the award into an enforceable judgement. A duly elected judge, empowered to act under the Louisiana Constitution, is not a mere rubber stamp to endorse any arbitration award.

Parties who choose to arbitrate, as well as arbitrators themselves, must be ever mindful that the authority granted to the arbitrator is not unlimited. Those limits are defined by the Federal Arbitration Act (“FAA”) and the Louisiana Binding Arbitration Law, La. R.S. 9:4201, et seq., (“LBAL”), and can be further defined by the contract that forms the source of the arbitrator’s power to decide a dispute between the parties to the contract. Limits can also be established by public policy, as well as the parties’ submissions to the arbitrator.

Some say the arbitrator does not have to follow the law.

It is beyond dispute that mere error of law is no reason to overturn an arbitration award. In some jurisdictions, the arbitrator’s manifest disregard of the law is considered grounds to vacate the award. Some Louisiana courts have considered that as well. But it is a horse of another color for an arbitrator to refuse to apply the unambiguous contract provisions that the parties themselves have agreed to (which contract also contains an arbitration provision). An arbitration clause in the contract does not give license to the arbitrator to substitute the arbitrator’s own brand of justice for the parties’ choices contained and clearly expressed in their agreement. While it is the arbitrator’s job to interpret the contract, where the contract is clear and unambiguous what authority does the arbitrator have to re-write it entirely?

While such circumstances are truly rare, all parties (and the courts) need to be vigilant about challenging and upsetting those awards, where necessary, in order to uphold the contract provisions that grant the arbitrator the power to decide the parties’ dispute in lieu of the court. The highest court in the land, the United States Supreme Court, as well as state appellate and district courts across the country, including courts here in Louisiana, recognize that an arbitration award can be vacated in such circumstances.

It is well settled, but not often found, that an arbitrator

exceeds his power when he ignores the contract in order to substitute his own brand of justice instead. The United States Supreme Court in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 559 U.S. 662, 671-72, 130 S.Ct. 1758, 1767, 176 L.Ed.2d 605 (2010) reasoned: Petitioners contend that the decision of the arbitration panel must be vacated, but in order to obtain that relief, they must clear a high hurdle. It is not enough for petitioners to show that the panel committed an error—or even a serious error. See Eastern Associated Coal Corp. v. Mine Workers, 531 U.S. 57, 62, 121 S.Ct. 462, 148 L.Ed.2d 354 (2000); Paperworkers v. Misco, Inc., 484 U.S. 29, 38, 108 S.Ct. 364, 98 L.Ed.2d 286 (1987). It is only when [an] arbitrator strays from interpretation and application of the agreement and effectively ‘dispense[s] his own brand of industrial justice’ that his decision may be unenforceable.” Major League Baseball Players Assn. v. Garvey, 532 U.S. 504, 509, 1015, 121 S.Ct. 1724, 149 L.Ed.2d 740 (2001) (per curiam) (quoting Steelworkers v. Enterprise Wheel & Car *672 Corp., 363 U.S. 593, 597, 80 S.Ct. 1358, 4 L.Ed.2d 1424 (1960)).

In that situation, an arbitration decision may be vacated under § 10(a)(4) of the FAA on the ground that the arbitrator “exceeded [his] powers,” for the task of an arbitrator is to interpret and enforce a contract, not to make public policy.

More recently, the United States Court of Appeals for the Fifth Circuit in Kemper Corporate Services, Inc. v. Computer Sciences Corp., 946 F.3d 817 (5th Cir. 2020) provided tools to distinguish ignoring contract language as grounds for vacatur of an arbitration award from mere mistake or error.

In Kemper, the court listed a number of factors to determine if an arbitrator’s award even arguably interpreted the parties’ agreement: “(1) whether the arbitrator identifies [his] task as interpreting the contract; (2) whether [he] cites and analyzes the text of the contract; and (3) whether [his] conclusions are framed in terms of the contract’s meaning.”

Kemper at 823.

This principle is not inconsistent with the public policy that favors arbitration. Quite the contrary, overturning such awards is necessary to maintain arbitration as a viable path to justice. This principle protects the integrity of arbitration and prevents abuses which undermine it.

Nevertheless, arbitration awards are not often vacated or modified, and most are duly confirmed. Seek advice and make an informed decision when considering agreeing to arbitrate disputes.

Russel W. Wray is an attorney and owner of Wray & Associates (www.wraylaw.com) and practices in Louisiana.

This article is informational and should not be used as legal advice. One should independently consult with an attorney, prior to relying on any of the information provided herein.

Wray & Associates © 2021.

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UNION AGREEMENTS - BEWARE! BY: JOHN ANDRISHOK, SPECIAL COUNSEL | TAYLOR PORTER

In this ever tightening labor market, construction companies may be tempted to turn to organized labor to fulfill their needs on a permanent or temporary basis. And of course, organized labor is always more than happy to assist. Project Labor Agreements, Participation Agreements or Collective Bargaining Agreements are presented by union business agents as an easy way for the contractor to supplement its work force. PLAs are popular on public projects but are also seen in the context of private jobs. These agreements come in many different forms and are referred to by many different names and are touted as an avenue to access union labor for a limited time period, for the duration of a project or on a more long-term basis. However, these agreements can be crippling for a company for a number of reasons, including the potential for withdrawal liability. These agreements almost uniformly require the employer to agree to make contributions to defined benefit pension plans and to do so, the employer is required to agree to lengthy pension plan documents. If the employer and union end their agreement, the employer can be held responsible for withdrawal liability even if all required pension contributions have been made.

Most defined benefit pension funds managed by organized labor (also known as multi-employer pension plans) are massively underfunded. In 1980, Congress passed the Multi-Employer Pension Plan Amendments Act as part of the Employer Retirement Security Act (ERISA). In short, the Act provides that employers contributing to a multiemployer pension fund are liable for the vested benefits that must be paid to the plan beneficiaries.

Upon termination of the agreement, underfunded pension funds perform complex calculations which determine the total amount owed by the employer.

Generally, the longer the employer is a signatory to the agreement and the more employees involved, the greater the withdrawal liability calculation will be. It is not uncommon for withdrawing employers to receive invoices for hundreds of thousands or even millions of dollars in withdrawal liability assessments. Even more troubling is the fact that

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it is nearly impossible to obtain a reasonable estimate of potential withdrawal liability prior to entering into the agreement.

Is there anything an employer can do to guard against withdrawal liability when entering these agreements?

Unfortunately, the options are limited. There is a “building and construction industry” exemption under the Act. However, it only applies if the employer does not resume work in a designated area within five years. In addition, pension plans are free to adopt “Free Look” provisions in their plan documents which permit employers to take advantage of a free pass on withdrawal liability.

Few plans have formally adopted these free look provisions. Courts have routinely held that limitation of liability language in an agreement is unenforceable under the Act. However, a few cases have held that indemnity clauses are enforceable.

See Shelter Distribution, Inc. v. General Drivers, Warehousemen & Helpers Local Union, 674 F.3d 608 (6th Cir. 2012).

In sum, in most cases, the risks of entering agreements with a union far outweigh the benefits and great care should be taken when considering whether your company should start down the path of a union contract.

Primoris Industrial & Civil is one of Primoris’ many subsidiaries. With skilled manpower and a large equipment fleet, Primoris Industrial & Civil effectively executes site development, roads, civil foundations, concrete structures, steel erection, process equipment setting, and the installation of process piping systems.

As a whole, Primoris provides a wide range of construction, maintenance, and engineering services for power generation, oil and gas, chemical, pipeline, utilities and distribution, and civil infrastructure clients.

With its roots dating back to 1960, Primoris is headquartered in Dallas, Texas, with offices strategically located across the United States and within Canada.

Primoris trades on NASDAQ under the symbol PRIM.

prim.com

ANNUAL CLAY SHOOT benefitting the LSU CM TEAM

BY: MACIE MORGAN, MEMBERSHIP & COMMUNICATIONS COORDINATOR, ABC PELICAN | OCTOBER 2021 A Friday spent supporting the LSU Construction Management ABC Competition Team is a Friday well spent, in our opinion! As always, the ABC Pelican members did not disappoint with their support of the 2021 Clay Shoot. Before the sun came up the Clay Shoot sponsors were setting up tents with delicious food and cold drinks. Teams started arriving shortly after to enjoy breakfast sponsored by Infinity Energy Services before heading out to their stations to start the day.

Congratulations to all our winners! The third place winning team was Turner Industries with shooters LSU Construction Management volunteers were at Mark Brittain, Warren Landry, Carlos Guidry and Chad each station assisting the teams and meeting their Bradley. The second place winning team was TRIAD potential employers. Thank you to our on-range tent with shooters Joel Gautreaux, Joel Baye and Craig sponsors: Angelle Materials, 24HR Safety, Bengal Peterson. Taking home the first place trophy was Crane & Rigging, Enterprise Truck Rental, Engineering Breazeale, Sachse and Wilson with shooters Murphy & Inspection Services, Merit Electrical, 3S Team, Foster, Shannon Lyons, Matthew Lorio and Kane Brecheen Pipe & Steel and Rene’s Industries. Thank you to our station sponsors: Ardaman & Associates and Altzain. Matthew Lorio with Breazeale, Sachse and Wilson took home the top shooter prize, as well.

Brecheen Pipe & Steel.

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Exceeding Expectations, Surpassing Standards.

Construction Civil, Structural Services, Mechanical, E&I, and Midstream/Pipeline Maintenance Mechanical, E&I, and Plant Services Shop Fabrication Certified with ASME Code Stamps, ‘S’ and ‘U’ as well as ‘R’ and ‘NB’ certified from the National Board of Boiler & Pressure Vessel Inspectors Government & Infrastructure

p 985.252.3400 | f 985.252.3401 | e info@res-usa.net

www.res-usa.net

WELCOME NEW MEMBERS! AUGUST - OCTOBER 2021

Autodesk Construction Cloud Autodesk has driven innovation in the built world.

From paper design to CAD to 2D design and datarich 3D design models and most recently, connected construction. Their products connect data all the way from the earliest phases of design, through planning and construction, and long into the operations phase.

Autodesk delivers solutions that: reduce risk, help deliver projects faster and drive more sustainable, safe and efficient industry.

Berard Transportation For over 72 years, Berard Transportation has lead the industry in transporting offshore decks, jackets, power transformers, mega yachts and a multitude of other projects weighing thousands of tons. Berard is operated under the fundamentals of safe and effective moving and rigging procedures that have been passed down from generation to generation.

SNC Lavalin Constructors SNC Lavalin creates sustainable solutions that connect people, data and technology to design, deliver and operate the most complex projects. Using their industry know-how and leading resources, we create and deliver predictable outcomes for an unpredictable world.

S&S Sprinkler Co. As a recognized leader in fire protection in the Southern United States, S&S Sprinkler brings exceptional quality and strong values to every job. S&S specializes in automatic sprinklers, fire suppression, fire alarm and detection and integrated security systems.

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Enterprise Truck Rental Enterprise provides commercial grade truck rentals, much like enterprise rent-a-car but on a larger level.

Enterprise Truck Rental offers ¾ to 1-ton pick up trucks and cargo vans as well as straight trucks and stakebed trucks from 16’-26’, all specifically equipped for commercial use.

Universal Data

AMECO

Louisiana Crane & Construction

AMECO is a full-service, global supplier of vehicles, construction equipment, tools, support services, and asset management solutions across multiple industries and government agencies. AMECO serves multiple industry sectors, including heavy industrial, energy and chemicals, power, mining and metals, manufacturing, construction, and government.

Universal Data Incorporated is your dedicated IT provider of technology services and solutions.

Universal Data is based in New Orleans and helps companies of all sizes across the southeast achieve their business goals with incredible technology.

Louisiana Crane Company, LLC employs over 450 craftsmen throughout multiple locations, and currently supply clients not only traditional Crane Services but also General Oilfield Construction, Pipeline, Plant Maintenance, Rotating Equipment, and Millwright Services. With aggressive management and skilled employees, Louisiana Crane Company, LLC continues to develop innovative solutions to meet the needs and requirements of our diverse client base.

Code Red Safety & Rental Code Red Safety provides highly trained professionals and mission-critical services to keep workers safe and projects on schedule. Founded in the Midwest in 1995, Code Red Safety operates through eight branches across the United States, providing a range of safety services, including turnaround solutions, equipment rentals, standby and emergency rescue teams, safety staffing, training and auditing and inplant communications solutions.

Coastal Corrosion Control, Inc. Coastal Corrosion Control crews have seasoned experience to satisfy the most demanding challenge to provide “One Source Service” for all Cathodic Protection needs. They provide services in Right of Way Maintenance, Gas Leak Detection, Construction, Offshore, Survey, and Pipeline Integrity.

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WELCOME NEW MEMBERS! AUGUST - OCTOBER 2021

Linde

AT-PAC

Linde is a leading industrial gases and engineering company with 2018 pro forma sales of USD 28 billion (EUR 24 billion). The company employs approximately 80,000 people globally and serves customers in more than 100 countries worldwide.

Linde delivers innovative and sustainable solutions to its customers and creates long-term value for all stakeholders. The company is making our world more productive by providing products, technologies and services that help customers improve their economic and environmental performance in a connected world.

AT-PAC has delivered high-quality industrial, municipal, and commercial scaffolding to contractors and project managers across the globe. Many of our scaffolding components and accessories are manufactured in-house to make sure every detail is complete. Whether you are looking to buy or rent scaffolding, scaffolding engineering, or comprehensive scaffolding services, AT-PAC’s team of experienced professionals will find the right scaffolding solutions to make your project a success.

Traction Engineering Traction Engineering is a licensed engineering firm, mechanical and electrical contractor, specializing in industrial services. The company has roots in a family business dating back over 75 years.

Pelican Chapter, Associated Builders & Contractors

19251 Highland Road Baton Rouge, LA 70809

19251 Highland Road Baton Rouge, LA 70809

www.abcpelican.org

225.752.1415