Maryland PHCC Contractor, Winter 2014 by Blue Water Publishers, LLC

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Maryland PHCC Contractor | Winter 2014

maryland

MD PHCC - NEW MEMBERS........

PHCC CONTRACTOR MAGAZINE

Winter 2014

Thomas Elliott Elliotts Mechanical Services, LLC Kingsville, MD

Jim Severn Severn Plumbing & Heating, Inc. Owings, MD

Travis Pettko City Wide Mechanical, LLC Sunderland, MD

Deborah Sutton Tri State Restorations Rockville, MD

ADVERTISER SUPPORT..... American Apartment Owners Page 18 Apple Ford 14 Bradford White 23 BrassCraft 2 Cummins-Wagner 19 FastEst 10 Kolbi Pipe Marker 16

Senior Editor - Diane P. Kastner Maryland PHCC Contractor Magazine is the official magazine of The Maryland Plumbing-Heating-Cooling Contractors and is published four times annually. The Maryland PHCC does not necessarily endorse any of the companies advertising in this publication or the views of its writers.

Liberty Pumps 24 Noritz 5 Rockford Separators 12, 13 Saniflo 7 Slant Fin 21 SureSeal 9 T&S Brass 17

CONTENTS ..........

Maryland PHCC Contractor Magazine is designed and published by Blue Water Publishers, LLC. Articles and information published in this magazine may not be reproduced without written consent of The Maryland PHCC or Blue Water Publishers, LLC. The publisher cannot assume responsibility for claims made by advertisers and is not responsible for the opinions expressed by contributing authors.

How to Get Ahead! - Gerry Kennedy, PHCC National, Executive Vice President 4 Forget the Polls! - Mark Riso, PHCC National, Director of Government Relations 6 Portable Electric Generator Safety

For more information on advertising, contact Jim Aitkins Blue Water Publishers, LLC 22727 - 161st Avenue SE, Monroe, WA 98272 360-805-6474 / fax: 360-805-6475 jima@bluewaterpublishers.com

2014 PHCC Board Summary Report

Handling Confidential Information

PHCC Maryland 2015 Trade Show - Save the Date

A Good Employment Policy Involves More Than Just Hiring

Maryland Board of Plumbing: Vehicle Address Changes

OFFICERS 2014 ................... PRESIDENT THOMAS KELLER ELLICOTT CITY, MD (410) 203-1741 (410) 203-2638 FAX

DIRECTORS BRUCE J. SOLOMON REISTERSTOWN, MD (410) 833- 2188 (410) 833-9023 FAX

VICE PRESIDENT STEVEN M. SCHAEFER WESTMINSTER, MD (410) 876-6825 (410) 857-0011 FAX

JIM BERNDT BALTIMORE, MD (410) 254-7473 (410) 256-4787 FAX

SECRETARY FREDERICK WOLF BALTIMORE, MD (410) 327-4750 (410) 563-1611 FAX TREASURER TIMOTHY FELDMAN ELKRIDGE, MD (410) 536-5700 (410) 536-5705 FAX SERGEANT AT ARMS KATHARINE K. STRADLEY ELLICOTT CITY, MD (410) 442-2221 (410) 442-7626 FAX

RONALD MCBEE, SR. BALTIMORE, MD (410) 444-5448 (410) 426-5440 FAX RONALD STIEGLER ELDERSBURG, MD (410) 876-6825

APPRENTICESHIP EDUCATION COUNCIL MEMBERS STEVEN M. SCHAEFER ADMINISTRATIVE CHAIR WESTMINSTER, MD (410) 876-6825 (410) 857-0011 FAX JIM BERNDT BALTIMORE, MD (410) 254-7373 (410) 256-4787 FAX

KATHARINE K. STRADLEY ELLICOTT CITY, MD (410) 442-2221 EDGAR W. ZEPP, IV CLARKSVILLE, MD (410) 531-6712 (410) 531-5812 FAX

VERNON L. GAUSS, JR. KINGSVILLE, MD

RONALD LLOYD COLUMBIA, MD 21046 (410)-203-2720 (410) 203-1866 FAX EDGAR W. ZEPP, IV CLARKSVILLE, MD (410) 531-6712 (410) 531-5812 FAX

RONALD STIEGLER ELDERSBURG, MD (410) 876-6825

HONORARY LIFE MEMBERS WALTER L. BREWER TIMONIUM, MD

THOMAS N. EARP HANOVER, MD

PAUL F. GOEDEKE BALTIMORE, MD

Winter 2014 | Maryland PHCC Contractor

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By Gerry Kennedy PHCC National Association Executive Vice President

our market is changing. Regulations are changing. Your workforce is changing. And, technology is really changing. How do you keep up?

PHCC—National Association is here to help. In fact, we’re continually adapting to your changing needs to provide the right tools and resources and connections you need to stay a step ahead of your competition. To help you succeed, PHCC is: • Making lots of progress on promoting the value of PHCC and the importance of hiring professional contractors. As part of our brand awareness project, we’ve been spreading the message about how PHCC members are the “Best People” who follow the “Best Practices.” There are many resources and templates available to help you promote your business. Just check out the “Samples & Templates” section of www.phccweb.org. •

•

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Diversifying – and increasing – our communications so we can reach you in the most effective ways. Recently we’ve expanded our communications to include regular member benefit updates, a membership video series, more social media outreach, mobile apps, member resource mailings and targeted email alerts. These efforts have produced some positive results, including an 8 percent increase in visitors to the PHCC website over the past year! Serving as the voice of our contractor members on numerous legislative and regulatory issues impacting their businesses. These include workforce development, healthcare reform, the future of refrigerants, and the lead paint rule. In fact, we left a huge mark on Capitol Hill this year at the PHCC Legislative Conference.

Maryland PHCC Contractor | Winter 2014

•

Pumping up efforts within the industry to help rebuild the workforce we need to continue to provide safe and efficient plumbing and HVACR services for our country. PHCC and the PHCC Educational Foundation have formed a special task force to address ways to attract and train the qualified workers needed by our industry. PHCC also is working with the HVACR Workforce Development Foundation to develop projects, programs, and partnerships that support the recruitment and training of the next generation of skilled workers.

•

Keeping members updated on the latest technologies and standards. Most recently, PHCC’s Vice President of Technical and Code Services Chuck White has been representing the contractor side on a U.S. Dept. of Energy working group to negotiate proposed energy efficiency standards for the Final Furnace, Air Conditioner and Heat Pump Rule. And, PHCC just released a comprehensive resource – The Game Changer – developed exclusively for our members to provide them with everything they need to know to prepare for the new water heater regulations going into effect April 16, 2015.

•

Expanding our member discount programs with Chrysler, saving members even more on Ram trucks and ProMaster® vans. We’ve also continued our alliance with Market Hardware, which gives you great access to free sample social media tips and marketing resources.

Every day, our goal is to develop ways to make it easier for you to tackle the inevitable changes in our industry and move your business forward. For more information on PHCC’s programs and opportunities, visit www.phccweb.org or call (800) 533-7694.

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Winter 2014 | Maryland PHCC Contractor

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8/20/2014 10:24:48 AM

National Congressional Approval Ratings Mean Little Work with Your Respective Member(s) of Congress – and Forget the Polls.

14% “All politics is local” 21% 11% 20% 23% 19%

By Mark Riso Director of Government Relations PHCC National Association

After all…

former Speaker of the U.S. House Tip O’Neill

hether you read this before or after the November 2014 Congressional elections, the application of its message will always ring true in national and state lawmaking. Let’s start off this way… Some of us are nerdy – policy wonks who tap into national political ratings and stats daily (it’s a curse). That said, Gallup* reported recently that the congressional approval rating continues to hover around 14 percent - five points higher than the historical low of 9 percent found in November 2013. Gallup also reported that low congressional approval ratings before midterm elections are linked to higher seat turnover, especially for members of the president’s party (simple stuff). For example, congressional job approval in October was 21 percent in 2010, and 23 percent in 1994, two years when the president’s party lost a large number of seats. However, in other years when the approval of Congress was in the 20 percent range, seat loss was not as extreme. This suggests that although low congressional approval is related to seat loss for the president’s party, it is not a perfect predictor of what will happen in elections. Other factors also come into play, such as low presidential job approval and whether the president’s party is the majority party in Congress. Gallup continues to report that Democrats are slightly more likely to approve of Congress. In October 2014, Democrats gave Congress a 19 percent approval rating, while Republicans and Independents awarded just an 11 percent approval rating. In the 2014 midterm elections, all 435 House seats and 36 Senate seats are up for election. While Americans vote only for the member of Congress in their own district and, if applicable this year, a senator or senators from their own state, the dismal approval rating could signal high congressional seat turnover, based on history. That will likely fall disproportionately on Democrats because voters often turn their frustrations on members of the president’s political party.

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Maryland PHCC Contractor | Winter 2014

However, the reason there will not be a large turnover in Congress (aside from 52 current Members of Congress who resigned, lost in their primary or who are retiring or have passed away) for the upcoming elections is due to the current divided party control of Congress (says Mark Riso). In contrast to most past elections, Gallup reports that those unhappy with Congress cannot as clearly direct their frustrations at one party because currently, there is divided party control of Congress. The pollster states: “This unstable line of responsibility may be why voters are not as motivated to show up at the polls this year as in past elections, when frustration with Congress was high.” OK…bored yet? Well, throw away all those concepts and stats and forget about any attempt to measure lawmaking productivity with a percentage. Here’s how to measure the productivity of your lawmaker(s). Ask yourself today – right now: If I wanted to speak or at least engage with my lawmakers (national and state), can I? Have I spent the time needed to build a relationship with my lawmakers so that I can measure their productivity on what impacts my communities? It is true that at the national and state levels, lawmakers need to be measured on respective voting records; however, lawmakers perform many functions in their respective state that cannot be seen by merely reading a voting record and or reviewing stats. For all of those policy wonks out there: Continue to keep your eyes on the political polls to get an idea of public opinion. But, remember to keep in mind there are many other factors involved in the political process.

% *Gallup, Inc., is an American research-based, global performance-management consulting company. The company became famous for its public opinion polls, which were conducted in the United States and other countries. Gallup works with major businesses and organizations around the world.

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Portable Electric Generator Safety

ith weather having an impact on electrical service in many parts of our nation, some people are turning to portable electric generators as a source of temporary electricity for their homes. This seeming convenience though, could itself be the source of disaster. If not properly installed and operated, a portable generator can become a deadly device that kills via electric shock or carbon monoxide fumes. Using a generator indoors can kill you in minutes! If a portable electric generator is connected to the main electrical supply coming into the house, the electrical generator could feed back into the electric supplier’s system and electrocute workers who are repairing the electrical lines. To avoid back-feeding of electricity into utility systems, a homeowner must have a qualified, licensed electrician install a double-pole, double-throw transfer switch between the generator and utility power in compliance with all state and local electrical codes. (A minimum of 10-gauge wiring must be used.) In addition to protecting linemen by ensuring proper wiring, a homeowner should carefully calculate wattage requirements to prevent overloading and damage to appliances and the generator. Carbon Monoxide Hazards • Never use a generator in enclosed or partiallyenclosed spaces. Generators can produce high levels of carbon monoxide very quickly. When you use a portable generator, remember that you [8]

Maryland PHCC Contractor | Winter 2014

cannot smell or see carbon monoxide. Even if you can’t smell exhaust fumes, you may still be exposed to it.

•

Never operate your generator in an enclosed or partially enclosed space such as a patio, shed or garage; and when in use, place it far, far away from any structure housing people or pets.

•

Most of the serious carbon monoxide poisonings have been caused by generator exhaust fumes drifting into doors, windows, vents and crawl spaces.

•

If you start to feel sick, dizzy, or weak while using a generator, get to fresh air right away. Do not delay. The carbon monoxide from generators can rapidly lead to full incapacitation and death.

•

If you experience serious symptoms, get medical attention immediately. Inform medical staff that carbon monoxide poisoning is suspected. If you experienced symptoms while indoors, have someone call the fire department to determine when it is safe to re-enter the building.

Follow these safety tips to protect against carbon monoxide poisoning: • Never use a generator indoors, including in homes, garages, basements, crawl spaces, and other enclosed or partially-enclosed areas, even with

Winter 2014 | Maryland PHCC Contractor

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ventilation. Opening doors and windows or using fans will not prevent carbon monoxide build-up in the home.

•

Follow the instructions that come with your generator. Locate the unit outdoors and away from doors, windows, and vents that could allow carbon monoxide to come indoors. Install battery-operated carbon monoxide alarms or plug-in carbon monoxide alarms with battery backup in your home, according to the manufacturer’s installation instructions. The carbon monoxide alarms should be certified to the requirements of the latest safety standards for carbon monoxide alarms (UL 2034, IAS 6-96, or CSA 6.19.01). Test your carbon monoxide alarms frequently and replace dead batteries.

Electrical Hazards Follow these tips to protect against shock and electrocution: • Keep the generator dry and do not use in rain or wet conditions. To protect from moisture, operate it on a dry surface under an open, canopy-like structure. Make sure your hands are dry before touching the generator.

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•

Plug appliances directly into the generator. Or, use a heavy duty, outdoor-rated extension cord that is rated (in watts or amps) at least equal to the sum of the connected appliance loads. Check that the entire cord is free of cuts or tears and that the plug has all three prongs, especially a grounding pin.

•

Never try to power the house wiring by plugging the generator into a wall outlet, a practice known as “backfeeding.” This is an extremely dangerous practice that presents an electrocution risk to utility workers and neighbors served by the same utility transformer. It also bypasses some of the built-in household circuit protection devices.

•

If you must connect the generator to the house wiring to power appliances, have a qualified electrician install the appropriate equipment in accordance with local electrical codes. Or, check with your utility company to see if it can install an appropriate power transfer switch.

•

For power outages, permanently installed stationary generators are better suited for providing backup power to the home. Even a properly connected portable generator can become overloaded. This may result in overheating or stressing the generator components, possibly leading to a generator failure.

Maryland PHCC Contractor | Winter 2014

Fire Hazards • Never store fuel for your generator in the home. Gasoline, propane, kerosene, and other flammable liquids should be stored outside of living areas in properly-labeled, non-glass safety containers.

•

Do not store them near a fuel-burning appliance, such as a natural gas water heater in a garage. If the fuel is spilled or the container is not sealed properly, invisible vapors from the fuel can travel along the ground and can be ignited by the appliance’s pilot light or by arcs from electric switches in the appliance.

•

Before refueling the generator, turn it off and let it cool down. Gasoline spilled on hot engine parts could ignite.

Quality Service Contractors–An Enhanced Service Group of PHCC 180 S Washington St, Falls Church, VA 22046, USA Phone: (800) 533-7694, Outside USA: (703) 237-8100 Fax: (703) 237-7442 Visit our website at: http://www.qsc-phcc.org

2014 Board Summary Report By Katharine Stradley PHCC National Association Zone 2 Director

rior to PHCC’s 132nd annual convention – CONNECT 2014, The PHCC – National Association Board of Directors met on Oct. 7 in New Orleans to evaluate progress of key initiatives, share trends and activities within PHCC, and consider committee and staff reports. Major items included approval of minutes from 31 national committee meetings held between May and September; review of association financials and the Nominating Committee report of nominations for zone directors and the national vice president; and presentation of reports from each of the subzone directors. Zone directors were asked to comment on the specific needs of their state and local chapters to help shape the future direction of the association and focus board discussions: “Where should the Board put its focus to better serve states and contractor members as PHCC moves forward?”, and “What issues would you like the PHCC Board of Directors to address this year?” There were common threads running through the 12 oral zone reports, which included protecting or establishing state licensing laws, demanding regulatory accountability and attracting the next generation of skilled workers to the plumbing and HVAC trades. On a very positive note, President Steve Rivers commented, “For the first time in several years the economic downturn has not dominated these reports. With business picking up for contractors in many areas of the country, the bigger issue is with the industry’s dwindling workforce.” He also noted that he was confident that there is a bright future ahead for the trades, and that PHCC would be at the forefront to help make it happen.

Along those lines, PHCC Executive Vice President Gerry Kennedy provided an update on the special workforce development task force formed by PHCC and the PHCC Educational Foundation. The committee will hold its initial meeting Oct. 21 to begin addressing ways to attract and train qualified workers. The association also is working with the HVACR Workforce Development Foundation to develop projects, programs, and partnerships that support the recruitment and training of the next generation of skilled workers.

HIGHLIGHTS FROM COMMITTEE AND STAFF REPORTS: GOVERNMENT RELATIONS: Government Relations Director Mark Riso outlined activities of PHCC’s government relations department, including the newly released PHCC voting records for the upcoming congressional elections. With the potential for more than 91 new legislators on Capitol Hill this election season, PHCC will focus on continuing to build relationships with the leadership of committees that work on industry and small business issues. Additionally, he updated the Board on the Environmental Protection Agency (EPA) efforts to seek a new rulemaking that would expand the definition of “waters of the United States.” EPA intends to increase federal authority under the Clean Water Act (CWA) so that it can regulate ditches as tributaries, snow and rain runoff from equipment and storage areas, ponds and impoundments, and any area in which any water may drain into any other water. As this ultimately could create permitting issues and land use restrictions for plumbing contractors, PHCC is following the issue very closely and will be submitting official comments in November.

Winter 2014 | Maryland PHCC Contractor

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COMMUNICATIONS: PHCC continues to expand and diversify its communications with members and the industry via print, online, video, mobile apps and social media outreach. Most recently, the PHCC 2013-2014 Annual Report was produced and mailed to members. It included many new eye-catching infographics that illustrate the benefits of membership. These will be used in future marketing materials, as well. Attendees at CONNECT 2014 were able to again use the popular event app to view schedules, speaker bios, exhibitor info, etc. Videotaping occurred during the week for a new membership video that will be available for national marketing efforts and for chapter use on their websites and at chapter meetings. BRAND AWARENESS CAMPAIGN: Vice President of Member Services Elicia Magruder and Vice President of Communications Charlotte Perham noted that PHCC’s brand awareness initiative is gaining momentum and the new tagline “Best People. Best Practices.®” is resonating within the p-h-c community and with consumers. With the rollout of new membership ads; contractor and chapter marketing toolkits; consumer-focused social media posts and more, there have been some very positive results. There have been significant increases in traffic on the PHCC website; online requests for membership information;

social media followers; and email open rates. Efforts are now focused on continuing to push the PHCC message out nationally and at the grassroots level, and to help members and chapters incorporate the new logos and messaging in their marketing efforts. A new installment of the Best People. Best Practices.® video series was also released and is now available on the PHCC website and the PHCC You Tube Channel. MEMBERSHIP: Membership is on the upswing, again confirming that contractor confidence in the marketplace is improving and that PHCC’s new marketing efforts are gaining traction. Support for local and state chapters is a priority, particularly with education programs and other activities that will help attract and retain members. In October, PHCC renewed its agreement with Chrysler Corp to provide PHCC members, their employees and family members a $500 retail incentive when they purchase eligible Dodge, RAM, Chrysler and Fiat vehicles (plus up to $1,500 in upfits on service vehicles.) Additionally, PHCC’s Member Service programs have been expanded with an agreement with TradeWraps, which will provide members with discounts on professional vehicle wraps and promotional products. New report forms to capture individual interests and comprehensive demographics for

CONCRETE INTERCEPTORS AREN’T ALL THEY’RE CRACKED UP TO BE. [ 12 ]

Maryland PHCC Contractor | Winter 2014

Contact your local rep: Duhart Company 1225 Mall Dr Richmond, VA 23235 804.379.0150 804.379.9230 fax theduhartco@worldnet.att.net www.duhartco.com

member companies and their key contacts are available. As members provide this information, PHCC will better be able to target information and market programs based on their specific needs. SAFETY, RISK MANAGEMENT & INSURANCE: As a result of input from members of PHCC’s Safety and Risk Management Committee, Federated Insurance is developing a mobile app for safety programs. The app will include safety meeting topics of the week and other safety-related information. It is expected to be available for beta testing in early 2015. Federated is also committed to helping the association in promoting membership to its non-PHCC clients. TECHNICAL AND CODE SERVICES / ENERGY & WATER EFFICIENCY: PHCC Vice President of Code and Technical Services Chuck White is one of 18 members of a U.S. Dept. of Energy Working Group continuing the Final Furnace, Air Conditioner and Heat Pump Regional Standards work. The group’s focus right now is on the Jan. 1, 2015, implementation of the air conditioner regional standards and its impact on manufacturers, wholesalers and especially contractors. PHCC is working to craft an equitable enforcement strategy that does not

overburden the contractor. Work has begun on Phase II of the Plumbing Efficiency Research Coalition’s (PERC) study on the effects of 1.0 gpf flush devises and three-inch drain line materials. PHCC is a member of PERC. The 2015 National Standard Plumbing Code is on track for publication in December 2014. PHCC participated in an August meeting of the IAPMO Green Technical Committee to review all items pending for the 2015 Green Plumbing and Mechanical Code Supplement. PHCC’s Quality Service Contractors (QSC) Chair Bob Macca reported that QSC recently participated in the Comfortech show in Nashville. QSC also had a presence at CONNECT 2014: a QSC reception, trade show participation and several seminars presented by QSC Business Coach Beth Dobkin. Dobkin also has made presentations at state PHCC events, including a membership recruitment event in New Hampshire. The next QSC Power Meeting will be Feb. 26-28 in Scottsdale, Ariz. PHCC’s Construction Contractors’ Alliance (CCA) member Chip Greene reported that CCA held a BIM and Pre-Fab meeting for middle managers in May. In September, business owner members met in Charleston, S.C., to

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Winter 2014 | Maryland PHCC Contractor

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share helpful business trends and solutions. Speakers provided some very valuable advice about finding A-Team Players, contract negotiations and insurance trends. Most businesses attending seemed to be doing much better than they were during and post-downturn. Many have been able to add workers and are building up their backlogs. Manpower is the biggest challenge many are facing. PHCC’s Union-Affiliated Contractors (UAC) and PHCC were well-represented at this year’s UA Industry Day, held Aug. 12 in Ann Arbor, Mich. PHCC President-elect Kevin Tindall was invited to address the entire Industry Day crowd, talk with a training class and speak at an apprentice contest luncheon. Unity 2015 is scheduled for Feb. 2-4 at Hammock Beach Resort, Palm Coast, Fla. The UAC also will be involved in an upcoming program honoring UA General President Bill Hite. The Boy Scouts of America Chicago Area Council has partnered with the Plumbing Council of Chicagoland to honor Mr. Hite as the recipient of the AFL-CIO George Meany Award on Jan. 20, 2015, in Chicago. PHCC Educational Foundation Chair Roger Peugeot reported that both the Foundation’s staff and volunteers are having a busy year. The revised edition of the Plumbing 201 Apprentice textbook is due out in early 2015, and the digital

conversion of the HVACR textbook series is expected to be completed by the end of the year. In 2014, the Foundation awarded $60,000 in scholarships to 23 apprentices and students through its Invest in Your Future campaign. Additionally, the Foundation in partnership with Kohler have brought business management training to more than 4,000 contractors and their employees through PHCC’s bi-monthly webinars and in-person seminars at chapter events. During the post-convention board meeting on Oct. 10, a “Changing of the Guard” occurred. A full listing of new officers is available at www.phccweb.org under “About Us.” During the Oct. 10 meeting, 2013-2014 Secretary Laurie Crigler, L & D Associates, Aroda, Va., announced her candidacy for 2014-2015 national vice president. Earlier in the week, President-elect Chip Greene announced that his secretary-designate will be Jennifer Warren of Warren-Hayes Mechanical Contractors Inc., Hillsborough, N.C. The national Board is scheduled to meet again Jan. 30-31, 2015. The two-day meeting will include a review of PHCC’s long-range strategic plan, and Board members will continue its focused discussion on how PHCC can best serve its members.

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Handling Confidential Information This article focuses on handling confidential employee information; what you need to know and do to avoid legal problems. Yet, perhaps more importantly, mishandling of employee information can breach trust with your employees – and once broken, trust is difficult to impossible to repair. Next, the article focuses on what you can do to ensure your employees maintain the confidentiality of your valuable company information.

CONFIDENTIAL EMPLOYEE INFORMATION – WHAT YOU MUST KNOW AND DO Here are some categories of confidential information that must be treated as such: Personal Information – lots to protect here and avoid. THINK identity theft! • Personal (social security number, address, date of birth, marital status)

•

Hiring (job application, resume, interview notes, employment history, employment assessments, background checks, reference checks, I-9 forms)

These laws all impose very strict rules for handling health related information obtained through medical examinations and inquiries. Keep confidential: • Insurance and benefit enrollment forms and claims information

•

Medical exam information

•

Workers’ compensation records

•

FMLA leave certifications and medical documentation

•

New-hire paperwork (offer letters, employment contracts, handbook and policy acknowledgements)

•

Records regarding reasonable accommodations under ADA

•

Performance (performance reviews, performance documentation, documented recognition, warnings and disciplinary notices, job descriptions, documented job changes/promotions)

•

Doctor’s notes

•

Drug test results

•

Compensation and benefits (salary or hourly pay rates, merit increases and bonuses, other forms of pay, pay changes, benefits information)

•

Payroll (time cards/sheets, work schedules, pay stubs, direct deposit forms, authorization for deducting or withholding pay, tax forms, status change forms)

•

Termination (termination or layoff records, resignation letter, unemployment insurance claims)

•

Attendance (dates and reasons for absence, time off, and leaves)

Health & Medical Information. Any health and medical Information about employees must also be kept confidential under the following laws, in addition to any applicable state laws: • Americans with Disabilities Act (ADA)

•

Health Insurance Portability and Accountability Act (HIPPA)

•

Genetic Information Nondiscrimination Act (GINA)

•

Workers’ Compensation

Medical and benefit record should be kept separate from personnel files and can only be revealed with an employees’ written permission to certain individuals on a legitimate “need-toknow” basis as defined by specific statutes. Investigation Records – any missteps here can have big consequences, including morale. You or your HR support must maintain confidentiality of records pertaining to workplace investigations. Investigations may apply to the following: Winter 2014 | Maryland PHCC Contractor

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•

Complaints of harassment, discrimination, retaliation, and threats

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Violations of rules or policies; conduct or disciplinary problems

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Performance issues

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Workplace injuries and illnesses

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Safety and security issues

•

Witness statements and testimonies; records of interviews; meeting notes, written summaries of incidents with date, time, location, and individuals involved; written statements of complaints, and relevant letters, memos, and paperwork are all information related to investigations that should be kept confidential.

•

When conducting investigations, balance preserving confidentiality and conducting a fair and complete investigation. Employees may request confidentiality, but be careful not to promise or guarantee complete confidentiality – you may need to involve other individuals. Instead, reassure an employee that their issue will be taken seriously and dealt with in a fair and appropriate manner.

Now that you know what employee information must be kept confidential – here are some “must dos”. • All employee records should be kept in a secure location, such as a locked cabinet or locked office.

•

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Keep in separate files (not in personnel files):

•

Medical records and Workers’ Compensation claims – as noted above

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Federal (FLMA) and state leave documents

•

I-9 Forms

•

Documents pertaining to an employee investigation such as a disciplinary action

•

Background checks Note: Many states have laws which prohibit or limit an employer’s use of background checks (also known as “consumer reports”) or criminal records checks and/or prohibit discrimination based on credit or criminal history information. Be sure to check the applicable laws in your state and consult with an employment law attorney who knows your state laws to ensure full compliance.

Maryland PHCC Contractor | Winter 2014

•

As a good “people” practice, honor requests to view personnel files using a few guidelines:

•

Employees must schedule time in advance to view their files with an HR representative – typically employees make a request to see their personnel files when they are troubled by something and/or upset. Having time in advance allows you to make sure that the file is in order, organized, contains only the appropriate materials relevant to the folder, and is generally ready to be reviewed.

•

Supervise all viewings Note: Employee records are considered to be the property of the employer and that employee access to personnel files varies by state; check your local laws.

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Keep personnel files no less than three years from the date of departure. Keep the most current ones (one year or less) secured in the office and the older ones (more than one year old) in on or off-site storage.

•

Keep a log to sign and date the personnel files that are purged.

•

Shred documents for security.

•

Even after you’ve taken all the necessary precautions, a breach in confidentiality is still possible. If an employee’s personal information (Social Security number, immigration status, etc.) or company-related information (pay grade, performance reviews, etc.) has become compromised, the first step is to inform the employee and the employee’s supervisor. Depending on the type of breach, it may be advisable to change security measures, such as passwords and locks.

Confidential Company Information – Formal Agreements Between You and Your Employees Formal agreements can help maintain the confidentiality of valuable company information such as customer lists, trade secrets, and other proprietary data – both during the course of employment with your company and after the employee leaves. To help ensure that confidential information remains confidential and that former employees do not use the knowledge gained while working for you to the advantage of another employer, you may consider requiring that certain employees sign agreements which would prohibit them from: • Working for a competitor or engaging in activities

that compete with your business (non-competition agreements).

•

Luring your customers or other employees to a competing business (non-solicitation agreements).

•

Disclosing confidential information to anyone outside the company or anyone within the company who is not authorized to receive the information (confidentiality agreements).

Note: Non-competition/non-solicitation agreements and confidentiality agreements are generally governed by state law, therefore, the validity and enforceability of these contracts will vary from state to state. Seek advice from an employment law attorney before you begin drafting any agreements. Advice from an attorney should help you: • Determine whether your company has a valid need for the agreement – a legitimate business reason.

•

Decide which employees should sign the agreement – typically not all.

•

Keep the agreement reasonable – duration, geographic area, restrictions of type of business a

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former employee can engage in.

•

Explain the consequences for breaching the agreement – immediate discharge, monetary penalty.

Other Ways to Maintain Confidentiality Although non-competition/non-solicitation and confidentiality agreements can reduce the possibility that a competitor will take advantage of your confidential business information, keep in mind that these agreements should be part of a larger effort to maintain the privacy of proprietary information and protect your company from competition. Additional steps you can take can take include: • Choosing carefully those employees who will have access to confidential information.

•

Keeping hard copies of the information you wish to protect in locked cabinets and offices, clearly marked as confidential.

•

Keeping electronic confidential information in password-protected databases.

•

Training employees on how to recognize confidential information.

•

Routinely reminding employees that confidential documents should never be left on desks and that restricted information should never be discussed where it could be overheard by unauthorized individuals within the company (such as in office hallways or common areas) or outside the company (such as in elevators, trains or other public places).

As a business owner, you have complete control over how you handle the personal and confidential information of your employees. You have less control over how your employees maintain the confidentiality of your company information, but your rigorous adherence to confidentiality standards will set the stage for a healthy and ethical work environment. This content was developed for the PHCC Educational Foundation by TPO, Inc. (www.tpo-inc.com). Please consult your HR professional or attorney for further advice, as laws may differ in each state. Laws continue to evolve; the information presented is as of September 2014. Any omission or inclusion of incorrect data is unintentional. Please note this article is not intended to provide legal advice or to substitute for supervisor employment law training.

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Maryland PHCC Contractor | Winter 2014

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Winter 2014 | Maryland PHCC Contractor

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A GOOD EMPLOYMENT POLICY INVOLVES MORE THAN JUST HIRING

usiness owners frequently ask, “What can I do to avoid a wrongful termination charge by an employee?” The easy answer: “Don’t hire the wrong person for the job.” The reality is, one day every business owner will face the unpleasant task of having to terminate an employee for one reason or another. HOW CAN A BUSINESS RETAIN GOOD EMPLOYEES AND AVOID TERMINATIONS? Diligence when hiring is the first step Always check a candidate’s background, references, and driving record if driving will be a part of the job. Have two management level people involved in all hiring decisions. A second set of eyes reviewing an applicant helps ensure that the hiring decision is based on the candidate’s qualifications and work experience, rather than one person’s opinion of an applicant’s personality. What happens after the handshake? So, the ideal candidate walked in your door, everything checked out, and you hired yourself a new employee. Of course, you will train and orient your new hire. And, once you feel confident that he or she has the abilities and knowledge to perform the job, it’s back to business as usual again, right? Not so fast. Did you know new employees face more jobrelated risks? According to the most recent data from the U.S. Bureau of Labor Statistics, almost twenty-eight percent of workers injured [ 20 ]

Maryland PHCC Contractor | Winter 2014

on the job have been with their employer for less than twelve months. Training and orientation are essential for new employees. But don’t just stop with the basics. Provide ongoing opportunities to learn more about the business and improve skills to help keep employees motivated. Mentor those who show initiative and promise for developing into future leaders. Why are new workers more likely to be hurt? One reason is new employees are often unaware of how they can be injured in the workplace. They may not understand how to safely perform the job—especially what not to do. Employers may not include safety in new employee orientation because they believe “common sense” will keep workers from committing unsafe acts. Unfortunately, a lack of knowledge—not a lack of common sense—is more often the problem. Including safety training in employee orientation can help your new employees gain the knowledge they need to avoid injury. Some important tips:  Explain safety rules before assigning jobs. Employees are more likely to follow rules if they understand the reasons for them. Give each employee a copy of the rules for future reference.  Encourage employees to ask questions if they don’t understand what they are being asked to do.  Point out workplace hazards and discuss how to avoid injury, including what not to do.  Make sure employees understand never to operate



machines unless trained and authorized to do so. Explain how lockout devices prevent injuries, and why not to remove them.

Knowledge and effective communication are the keys to accident prevention. Always encourage discussion—it promotes understanding. Put these principles to work and give your employees the tools they need to work safely! Help them help themselves Give feedback to employees on their job performance, but don’t just limit it to scheduled reviews. Don’t assume everything is fine just because an employee doesn’t complain. Employees want to know they are doing a good job. A simple compliment on how an employee handled a situation will reinforce desired behavior and tell employees their efforts are appreciated. Give occasional rewards. When corrective action is needed, use a positive approach with specific recommendations. This can help avoid embarrassment or resentment and possible future allegations of unfair treatment. What to do when termination seems inevitable Always base decisions to reprimand or terminate employees on documented facts and observations, not on emotional responses to a situation or on personal judgments. Sometimes “just the facts” may not provide enough

information and employees may not be forthcoming about problems. For example: An employee began to arrive late to work and often seemed distracted. His co-workers were tolerant, but the manager was strict about punctuality and became irritated by the employee’s tardiness. Actually, the employee liked his job and was meeting performance expectations. The problem was that an elderly parent had recently moved into his home and required special care in the morning. In this case, a simple schedule change could solve the problem and help relieve the employee’s stress. It would also demonstrate the manager’s willingness to make accommodations for a good employee. Sometimes it is necessary to terminate an employee because of poor performance even when good hiring procedures were followed and the employee started out on the right foot. Make certain all terminations are fact-specific. Is the decision consistent with how “similarly situated” employees have been treated in the past? Consider having two management personnel involved with the termination. Should the terminated employee ever dispute what took place, you have a witness to verify what was said. You may want to implement the “two to hire, two to fire” strategy. It may be an effective risk management technique for your business.

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DLLR’s Division of Occupational and Professional Licensing

Vehicle Address Changes - Maryland Board of Plumbing

he Maryland State Board of Plumbing has received a number of inquiries regarding the proper display of licensing information on vehicles. The portion of our law that pertains to that subject matter is attached for your convenience. Please note another requirement in bold print. This requires the license holder to notify the Board of any address changes prior to the effective date. The Board’s records must be maintained with accurate information. We rely on you to update your changes so that documentation can be accurately routed to your current mailing address. Some of the documents include: renewal notices, applications, training information, mass mailings and many more. BUSINESS OCCUPATIONS AND PROFESSIONS TITLE 12. PLUMBERS SUBTITLE 3. LICENSING Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 12-311 (2012) § 12-311. Display of license or certificate and number; exception; change of name, address or employment (a) Display required. -(1) Each master plumber shall display: (i) the master plumber license and the license number conspicuously in the principal place of business of the master plumber; and (ii) the license number of the master plumber license on each vehicle used on the job for providing plumbing services. (2) Each holder of a limited master plumber license shall display: (i) the limited master plumber license and the license number conspicuously in the principal place of business of the holder of the limited master plumber license; and (ii) the license number of the limited master plumber license on each vehicle used on the job for providing plumbing services. (3) Each holder of a propane gas fitter certificate shall display: (i) the propane gas fitter certificate and the certificate number conspicuously in the principal place of business of the certificate holder; and (ii) the certificate number of the propane gas fitter certification on each vehicle used on the job in providing propane gas services. (4) Each holder of a master natural gas fitters license shall display: (i) the master natural gas fitters license and the license number conspicuously in the principal place of business of the license holder; and [ 22 ]

Maryland PHCC Contractor | Winter 2014

(ii) the license number of the master natural gas fitters license on each vehicle used on the job for providing natural gas services. (b) Exception. -(1) Except as provided in paragraph (2) of this subsection, a county or municipal corporation may not require a person licensed under this subtitle to display a county or municipal corporation certificate number on each vehicle used on the job for providing plumbing, natural gas fitting, or propane gas fitting services. (2) This subsection does not apply to Baltimore County or the areas in the State under the jurisdiction of the Washington Suburban Sanitary Commission. (c) Notice of change required. -- Each licensee shall give the Board and any appropriate licensing authority written notice of any change of name, address, or employment from that which appears on the current license, at least 10 working days before the change is to take effect. Questions or comments regarding the Board of Plumbing may be directed to plumbing@dllr.state.md.us. Questions or comments regarding the Division of Occupational and Professional Licensing may be directed to op@ dllr.state.md.us. The Maryland State Board of Plumbing has begun to contact companies that do not conform to State law when advertising plumbing services. The main issue concerns the lack of a Master Plumber license number on the advertisement. Please see that section of the law below. BUSINESS OCCUPATIONS AND PROFESSIONS TITLE 12. PLUMBERS SUBTITLE 5. MISCELLANEOUS PROVISIONS Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 12-504 (2012) § 12-504. Contents of advertisement Each plumbing advertisement in the name of a person who engages in the business of providing plumbing services shall contain the license number and name of a master plumber or holder of a limited master plumber license whom the person employs and designates to direct and control the provision of plumbing services through the business of the person. Questions or comments regarding the Board of Plumbing may be directed to plumbing@dllr.state.md.us. Questions or comments regarding the Division of Occupational and Professional Licensing may be directed to op@dllr.state. md.us.

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Winter 2014 | Maryland PHCC Contractor

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