The Conveyor - Spring Issue by CMS

A publication of the California Construction and Industrial Materials Association

Safety Focus

SEE INSIDE: 6

FEATURE STORY

REGULATORY

LEGISLATIVE

ASSOCIATION NEWS

Spring Issue

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2021 SPRING ISSUE

TABLE of CONTENTS

4 CHAIRMAN'S LETTER Better Days Ahead

6 FEATURE STORY

P.W. Gillibrand Co., Inc. - Safely and Efficiently Mining, Producing and Distributing Quality Industrial Sand Products Since 1957

12 MEMBER NEWS

Safe Practices at Cemex Equipment Shops

14 REGULATORY

The California Endangered Species Act 101

16 TECHNICAL

Opening New Concrete Highway Pavements to Traffic

18 LEGISLATIVE

CalCIMA Legislative Advocacy Platform

20 SAFETY

Under Pressure – Workplace Stress

22 VIRTUAL CONFERENCE

Lt. Governor, Adaptation Highlight 2021 Virtual Conference

24 ASSOCIATION NEWS

News from National Associations

26 SPRING THAW

2021 Spring Thaw Safety Conference

ON THE COVER:

Celine Gillibrand, CEO, (left) and Brandon Theising, President, P.W. Gillibrand Co., Inc. outside the Simi Valley headquarters.

The Conveyor is a publication of the California Construction and Industrial Materials Association. The views expressed herein are fixed expressions of the contributing writers and not of CalCIMA. All rights reserved. CalCIMA 1029 J Street, #420 Sacramento, CA 95814 (916) 554-1000 www.calcima.org www.distancematters.org

Published By Construction Marketing Services, LLC

Editorial Contributors Robert Dugan, President & CEO, CalCIMA

P.O. Box 892977 Temecula, CA 92589 (909) 772-3121

Adam Harper, Director of Policy Analysis, CalCIMA

Publisher Kerry Hoover khoover@calcontractor.com Editor Brian Hoover bhoover@ironads.com

The Conveyor • 2021 Spring Issue

Brian Hoover, CMS Charley Rea, Director of Communications & Policy, CalCIMA Suzanne Seivright-Sutherland, Director of Local Governmental Affairs, CalCIMA

Kerry Shapiro, CalCIMA General Counsel, JMBM

Graphic Designer Aldo Myftari

Charles Stuart, Executive Director, Southwest Concrete Pavement Association

The Conveyor is published quarterly each year by Construction Marketing Services, LLC

Terry L. Tyson, Principal, Insight Services and Presentations

CHAIRMAN'S LETTER

Better days ahead We are well into 2021 and a phrase from the late 1800s, attributed to British Statesman Joseph Chamberlin, comes to mind. “I think that you will all agree that we are living in most interesting times. I never remember myself a time in which our history was so full, in which day by day brought us new objects of interest, and, let me say also, new objects for anxiety.” It could be said that this sentiment rings true today. These are interesting times for our organization, our companies and ourselves. We have a new administration in the White House and the initial proposal of the extremely overdue (by decades) Federal infrastructure bill has actually begun. As many of us feared, the discussion seems less about rebuilding our broken and failing bridges, highways, roads, water, sewer and power systems and more about optics, feel-good sound bites, and aspirational social engineering. To be fair, one could argue that many of the proposed expenditures are worthwhile endeavors, but realistically speaking, they are not infrastructure. We will fight to get that money spent where it is desperately needed, on our roads, bridges, water, waste, and power systems. If the recent presidential election wasn’t enough entertainment for you, it is looking very likely that the recall attempt of Governor Newsom will succeed in forcing a vote. This would be only the second time it has ever happened in California. There have been 55 or 56 attempts to recall a sitting governor. There have only been 40 governors in California since statehood, so recall is clearly

a popular, if not, a particularly successful strategy. The State legislators have returned to the Capitol, and per the California legislative website bill search (leginfo.ca.gov), the legislators have submitted 2568 new pieces of legislation. Over the last four two-year cycles, the average is about 5000 pieces, so they are right on track. We are very focused both on legislation that CalCIMA has sponsored or supported and the dozens of pieces that could be harmful to our industry and our livelihoods. Finally, the efforts to stem the spread of COVID-19 and reduce, if not stop, all the restrictions on our daily lives seem to be moving in the right direction. As I write this, roughly 39 percent of all Californians have had at least one dose of the available COVID-19 vaccinations, and by the time you read this, I will have had my second shot. I know there are strongly held opinions on all sides of the COVID-19 issues and with the safety and necessity of the vaccines. Speaking only for myself, I have made decisions about how my behavior will impact the other people in my personal and professional life. There are people in my life that have autoimmune diseases and respiratory conditions. It is my responsibility to make sure they are not exposed to unnecessary risks. I have to be concerned not only with my own safety, but with the safety of others as I would expect them to be concerned with mine. Coincidentally, this month’s Conveyor magazine topic is safety. While we can actually see the light at the end of the COVID-19 tunnel, our professional responsibility to a safe work place does not end there. We have to be committed to creating and maintaining a safe work place every day.

Sincerely,

Martin Hansberger Director of Technical Services, Holliday Rock CalCIMA Chairman

www.Facebook.com/CalCIMA.org

The Conveyor • 2021 Spring Issue

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FEATURE STORY

P.W. GILLIBRAND co., inc. Safely and Efficiently Mining, Producing and Distributing Quality Industrial Sand Products Since 1957 By Brian Hoover, Editor P.W. Gillibrand Co., Inc. has been safely providing quality specialty aggregate products as a “Supplier of Choice” since 1957. The Gillibrand family immigrated to the United States from England in 1885 and settled in Lancaster. In 1889 Edward Clayton Gillibrand and his family moved from Lancaster to Tapo Canyon in Simi Valley. Phillip (Phil) Walton Gillibrand learned the general contracting and mining business from his father, John Clayton Gillibrand. Young Phil would pave driveways and deliver road gravel to local farmers during the day while working at Boeing Rocketdyne in Chatsworth at night. Phil married his wife, Celine, at 18 years of age, and continued to hold two jobs to make ends meet. After recognizing the high demand for construction aggregates and materials, Phil Gillibrand decided to purchase land near his home in Tapo Canyon that contained aggregate deposits. He began mining and processing rock, sand and gravel to supply the growing local construction industry. Phil officially founded P.W. Gillibrand Co., Inc. (P.W. Gillibrand) in 1957 after leaving his full-time job at Rocketdyne to devote his full attention to his new and exciting venture. Gillibrand was performing construction work and supplying material to the industry but felt he might compete with his own clients and should either pursue the contracting business or the materials mining and processing business. He chose 6

the supplier end. By the late 70s, P.W. Gillibrand discovered silica sand deposits on the property and promptly added high-quality industrial sand to its product line. Today, in addition to construction aggregate products, the company is a leading producer of industrial and recreational sand products in the Western United States. The company has continued to expand and now operates from more than 1,100 acres in Simi Valley and several other additional California and Texas locations.

Above: Brandon Theising, President and Celine Gillibrand, CEO, P.W. Gillibrand Co., Inc.

Phillip Walton Gillibrand passed away in March 1999, but the company legacy lives on under the leadership of his wife Celine and grandson, Brandon Theising. Celine Gillibrand is the company CEO and chairman of the board, while Brandon Theising serves as the company president, overseeing daily operations. Theising says that his grandfather was a very charismatic man who was always on a first-name basis with his The Conveyor • 2021 Spring Issue

Left: P.W. Gillibrand's Brady Texas plant with rail transport facility. Below left: Phillip Walton Gillibrand founder of P.W. Gillibrand Co., Inc. Below right: P.W. Gillibrand Simi Valley Operation’s mining crew in front of D10 dozer. (Photo was taken prior to COVID-19).

customers and employees. Phillip Walton Gillibrand once said, “if you consider my business a success, it isn’t just me who makes it a success; it is all the wonderful people who work for and with me.” “I have the honor of helping to manage this great company my grandparents created. My Grandmother is in the office every day and is still very much active in the business. This business is all about customer service and individual relationships,” says Theising. “We are a family business, and we treat others like family. This is why we say that we want to be the “Supplier of Choice.” We work hard to meet and exceed our customers' expectations with quality products and excellent service.” P.W. Gillibrand offers a variety of industrial sands and other aggregates to its loyal customer base. “Our industrial sands are The Conveyor • 2021 Spring Issue

used to manufacture a long list of products. It all goes back to construction because all our sands end up in some sort of building material product,” says Theising. “Not just in road base, but also in roofing shingles, glass, stucco, grout, in water wells, golf courses and in sports complexes.” The company’s main operations and headquarters in Simi Valley offers a complete product line, including construction aggregate materials and industrial sand products. Simi Valley has multiple pits, each with its own characteristic and sizes, from gravel to dust. In addition, more than 50 films were shot at this facility, everything from Westerns to superhero epics. The San Juan Capistrano operation provides all grades of industrial sands, while Riverside operates a grinding mill that strictly produces ground silica product primarily used for cementing oil wells. The

Bakersfield location is a rail transport facility used as a California base of operations for the sand product coming in from Texas. The Brady Texas yard also has a rail operation, as they focus on mining gravel pack and water filtration sands with a more round, granular characteristic. Simi Valley, San Juan Capistrano and Brady, Texas, all have fully equipped bulk and bagging capabilities. Industrial sand is available in Super Sack sizes from 1,000 pounds to 3,000 pounds. The product is also available in smaller 50 lb. to 100 lb. paper or plastic bags. “Our silica sand products have individual characteristics for use in specific applications. Whether it is color, chemistry, angular or round shape, each type of sand has a special purpose. There are industrial specialty sands for golf courses and sports facilities including equestrian, playground, volleyball 7

Left & below: P.W. Gillibrand's San Juan Capistrano industrial sand facility.

courts, and for other recreation facilities. There is another grade for filtration sand or use in manufacturing, glass, stucco, plaster, asphalt, concrete and many other construction products and materials,” says Theising. The synthetic turf market has also grown as one of the newer uses of our sand deposits. Each synthetic turf company has their preferred specific grade, all coarse sand that is used as bedding or to hold down the synthetic mat material.” Many moving parts and heavy machinery components are necessary to operate an industrial sand operation. According to Theising, nothing is more important than providing a safe workplace environment while always respecting the environment and acting with integrity toward employees, customers and the community. “Meghan Neal, our director of Environmental Health and Safety (EHS) here at P.W. Gillibrand, has been with us for around one year. She is a tremendous asset to our company and, together with her crew, is making our safety program better every day,” says Theising. Meghan Neal has a degree in Environmental Science from UC Riverside. She came to P.W. Gillibrand after working as a safety manager for Lehigh Hanson and senior EHS engineer for 3M before 8

that. Meghan is also the co-chairperson of the CalCIMA Safety Committee. “My job is to work in a supportive role in helping guide our teams toward a better understanding of compliance and best management practices that help protect worker health and safety,” says Neal. “Each of our locations had an independent safety professional, but the company wanted to develop a safety program that would unify and align all of the plants into one comprehensive platform. We are in the process of revamping many of our safety policies. We want first to ensure that each policy works and is implemented properly. We have a risk-based approach where we focus on the programs that create the highest risk, and I think that is the right way to go.” Neal takes an active role in the field with regular site inspections to see how P.W. Gillibrand can continue to improve working conditions. “Industrial hygiene is a major focus of our safety program as we continue to identify, evaluate and control potential workplace hazards and challenges. Instead of solely relying on things like personal protective equipment, we also want to look at additional engineering control methods,” says Neal. “It is important that we, as an industry, continue to improve and proactively

address our current and past safety control measures.” Neal says that an example of this could be designing and installing better ventilation systems, control technologies, and work practices that allow workers to move away from cumbersome respirators. “We work through the challenges until we find a solution. This includes the initiative that our employees and management team took when putting together special COVID-19 health and safety protocols,” continues Neal. “It is both encouraging and rewarding to see everyone working together toward the same goal of maintaining and improving safety protocols at all of our plants and locations.” Productivity, efficiency and safety will represent a significant focus for P.W. Gillibrand as they continue to provide industrial sand with an 80-year-plus reserve remaining in Simi Valley alone. Theising represents the third generation of his family working at P.W. Gillibrand. His father also worked for the company for 40 years and has since retired. “I followed my grandfather wherever he went from the time I could walk and have been around mining operations all my life,” says Theising. “He taught me everything I know and has been a great inspiration and mentor to me. [ Continued on page 10 ]

The Conveyor • 2021 Spring Issue

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Left: P.W. Gillibrand's Simi Valley Operation.

[ Continued from page 8 ]

Now I can do the same for my four sons, who will represent the fourth generation. My oldest son is currently working full time here at P.W. Gillibrand, with my next in line working part-time. I have two other sons that may also join the business someday, I am thankful for the foundation and legacy that my grandfather built for our entire family and every employee who works here.”

P.W. Gillibrand is a longtime member of the California Construction and Industrial Materials Association (CalCIMA). “Our company has been an active member of CalCIMA for as long as I can remember. CalCIMA membership comes with huge benefits, as they continue to represent our interests in the state of California. CalCIMA also keeps us current on the many rules, regulations and specifications

that go along with the complicated issues we face in the ever-changing mining industry,” says Theising. “I look forward to working with CalCIMA to help ensure the continued success and progress of mining and production in the California materials industry.” For more information on P.W. Gillibrand Co., Inc., please visit pwgillibrand.com or call their Simi Valley corporate office at (805) 526-2195. n

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The Conveyor • 2021 Spring Issue

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MEMBER NEWS

Safe Practices at Cemex Equipment Shops Cemex equipment shops implement a 5S process improvement strategy to enhance safety, help produce higher efficiency and quality, and reduce waste. By Suzanne Seivright-Sutherland, Director of Local Governmental Affairs, CalCIMA At a CalCIMA ‘Shop and Driver Safety’ roundtable hosted just before the COVID-19 pandemic took hold, Cemex presented the results of a recent 5S competition held among their western region shops. Before and after photos of many shop process improvements were shared and discussed by Cemex resulting in several participants broadcasting interest in learning more about how they can 5S their shops. Daryl Charlson, Director of Maintenance at Cemex, explains “It’s important to understand the various business improvement concepts and strategies so you can use them. 5S enhances safety, makes our shops more productive, and provides a more likable place for our employees to work.” Daryl serves as Vice Chair on CalCIMA’s Transportation Committee currently spearheading a shop safety initiative with Committee Chair, Jamison Soule from Holliday Rock, and Co-Chair, Kevin Homuth from Contech Manufacturing. 5S EXPLAINED The origins of 5S are unclear. But regardless of whether the Japanese learned it from Henry Ford and Frederick Taylor, or it is the direct result of pioneering work from Sakichi Toyoda, the founder of Toyota, 5S is a sound and widely emulated program applying standard housekeeping practices in the workplace through five principles: sort, set in order, shine, standardize, and sustain. SAFETY Safety has a direct link to the 5S process since housekeeping 12

Above: Daryl Charlson, Director of Maintenance at Cemex. Right: Parts room, equipment and status board at a Cemex facility.

is recognized as one of the most basic ways to improve safety. Aside from the obvious physical hazards, having a clean and orderly shop does wonders for morale and the way employees approach their jobs. It is similar to the Broken Window Theory for criminology in that if conditions are allowed to be dirty or in poor repair, eventually no one will care to look after what is in good shape. In other words: Why should I care? What’s one more broken window?” WASTE ELIMINATION AND OUTSET “Waste” can be practically anything such as too much product on-hand, too many steps in maintenance unnecessary for completion, redundant reviews, and unnecessary movement of materials, to name a few. From the safety standpoint, “waste” can refer to too many steps to report a hazard or safety suggestion, poorly arranged

workstations or processes resulting in excess manual lifting or awkward postures, unnecessary of prolonged exposure to harmful substances, and too many approvals/obstacles to purchase personal protective equipment. Correspondingly, 5Sing a shop should result in safety improvements as a result of physical and process changes and may result in more engaged and involved employees. In the outset, 5S process improvements do not require stripping shops to the walls and starting over. It utilizes the existing layout and concentrates on cleaning up and organizing. Unused tools, equipment, and supplies are removed. Pertinent tools and supplies are organized into logical “work groups” or “kits” and are labeled or even color-coded to provide an easy visual reference. The Conveyor • 2021 Spring Issue

5S - SORTING The first step in the 5S process is to sort. Determining what the shop has, grouping like items and getting rid of what is not needed in all areas including toolboxes, bins, corners and tables. An example of sorting would mean that instead of fumbling through a cabinet for a tool used often, the tool would be placed on a shelf where most work is done. As a result, space is gained, clutter eliminated, and efficiency is improved. Additionally, defective or damaged items should be moved together and tagged for repair creating a clear opportunity for safety improvement. 5S - SET IN ORDER Once unnecessary items have been removed and items are sorted, the next step is to set the items in order. Trips to the other side of a shop do not take a lot of time, but it can add to frustration and contribute stress to already complicated work. Rearranging items and labeling them can reduce time wasted in the shop looking for tools and parts, making a shop more efficient, comfortable, and productive all at once. The important thing is to give thought to how the items will be used, how frequently they will be used, how items can be grouped, which storage systems make the most sense, and what reminders or cues can be put in place to ensure that order remains. Often, a common reason why clutter and safety hazards prevail is due to overly complicated or too inconvenient processes to figure out which container a chemical waste should go in, which area the container should go in or where the wrench should be placed. As Benjamin Franklin said “A place for everything and everything in its place,” but for his adage to hold true, he must have exercised “set in order” first. The Conveyor • 2021 Spring Issue

5S - SHINE A good thorough cleaning, and daily diligent upkeep, will allow for identification of defects, leaks, etc. and will help with the organizational and morale standpoint. 5S - STANDARDIZE This part of the process gets rid of “that’s not how we do it” and gets everyone following the same procedures for keeping an area orderly and clean to get employees to “part of the way we do it.” Standardization instills an attitude or habit through instruction and repetition. 5S - SUSTAIN Awareness helps to sustain a 5S system and can be done with newsletters, signs, and photos.

Also, walkthroughs are an enormous component to raise visibility and to ensure the system is being sustained. FINAL THOUGHTS 5S is an ongoing process improvement that can easily become a shop’s “way of life” once it is realized how much safer and productive the shop can be. Daryl encourages other shops to follow Cemex’s lead “Nearly all shops have opportunities for improvement, whether it is in service, purchasing, recordkeeping, environmental, quality or safety. 5S allows our shop employees to experience less frustration, work more safely, and the changes are so that the work turned out is of higher quality.” Give it a try! n

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REGULATORY

The California Endangered Species Act 101 By: Kerry Shapiro, CalCIMA General Counsel, Jeffer Mangels Butler & Mitchell LLP

he California Endangered Species Act (“CESA”) provides the legal authority for California to protect designated threatened or endangered species. Before a species is protected, the California Fish and Game Commission (“Commission”) must list a species as either threatened or endangered on “sufficient

scientific information” that the listing is warranted. The listing process generally is initiated by a citizen-submitted petition, often referred to as a "listing petition," which begins a two-stage listing process. First, the Commission refers a listing petition to the California Department of Fish and Wildlife (“CDFW”), which

OVERVIEW

Cal. Fish & G. Code §§ 2050 et seq.

evaluates the petition for completeness and recommends the Commission either accept or reject the species for further evaluation. The Commission then receives additional public comment and holds a public meeting before making decision on the listing petition. Second, if the Commission accepts a listing petition, the species

Regulatory Listing Process Step 1: Candidacy Listing Determination Cal. Fish & G. Code §§ 2070 – 2079.1

CESA was enacted in 1970 and amended twice (1984 and 1997). CESA has 2 overarching processes: regulatory and enforcement.

• Any member of the public can petition the Commission to list a species as endangered.

1. Regulatory: The California Fish and Game Commission is in charge of the broad regulatory process and designates a species as a "candidate," "threatened," or "endangered."

• Petitions must contain specific scientific (justification) information including documented species current population, trend, range, distribution, and abundance data, life history, survival and reproduction factors; degree and immediacy of, and response to, threats; existing management efforts and protection regulations; maps, etc.

(Approximately 250 species are listed under CESA, and 11 species currently are "candidates)." 2. Enforcement: The California Department of Fish and Wildlife ("CDFW") enforces CESA by (1) issuing permits for "incidental take" of species," and (2) enforcing illegal "take." (CDFW also compiles scientific data relating to species, to advise the Commission and inform conservation requirements).

Regulatory Take Authorization: Section 2084 Regulations Cal. Fish & G. Code § 2084

•

The Commission can adopt regulations allowing "programmatic" take under Section 2084 of CESA. Section 2084 regulations have been used sparingly, are often limited to a species' candidacy/study period, and are narrowly tailored to specific activities. In order to adopt a Section 2084 regulation, the Commission must rely on "the best scientific information" and find that such authorized take will not impact the species' chance of recovery.

• CDFW then evaluates petitions for adequacy, produces a report, and recommends the Commission either accept or reject the petition. • The Commission then notices a public meeting; accepts public comments; holds a public meeting; and makes a decision (which is subject to legal challenge). If the Commission accepts a listing petition, upon OAL publication, the species is listed as a "candidate" and granted full CESA "take" protections during candidacy.

Regulatory Listing Process Step 2: Final Listing Determination Cal. Fish & G. Code §§ 2070 - 2079.1

• During the candidacy period, CDFW is required to conduct a 12-18 month study of the species and produce a peer-reviewed report to determine if final listing is warranted. • During this study period, the public can submit general comments and scientific information to CDFW. The public can later submit comments on a draft report that CDFW will publish before it is finalized. • After CDFW completes and submits its report, the Commission then notices a public meeting; accepts public comments; holds a public meeting; and makes a formal listing decision (which is subject to legal challenge). Once listed, the species is protected under CESA until such time it is "delisted."

The Conveyor • 2021 Spring Issue

becomes a “candidate” for full listing. CDFW then has 12-to-18 months to evaluate the species and produce a peer-reviewed report that recommends whether or not the candidate species should be listed. The Commission again receives public comment and holds a public meeting, before determining whether the species should be listed. Once the Commission declares a species as “a candidate” (either “threatened” or “endangered”), it is subject to immediate protections

under CESA, and it is thereafter illegal to “take” a species unless authorized by the state during the candidacy period. CDFW has primary responsibility for authorizing “take” through the CESA Section 2081 Incidental Take Permit process, which proscribes certain terms and conditions designed to mitigate the impact of any “take.” Recently, there has been an increase in citizen-sponsored listing petitions and subsequent listing decisions by the Commission, with a corresponding increase in impact

What is Illegal "Take"? Cal. Fish & G. Code § 2080

1. Definition: "Take" includes: hunting, pursuing, catching, capturing, killing, or attempting to do any of the foregoing, to a protected species. 2. Difference from Federal ESA: CESA does not include "harm" or "harassment" in its definition of "take". • This is a narrower definition of "take" than the Federal ESA. • CESA also does not require the designation of "critical" habitat." This is also narrower than under Federal ESA

to the construction and industrial materials industry. CalCIMA's legal counsel, Jeffer Mangels Butler & Mitchell, designed the CESA 101 Primer to summarize the relevant sections of CESA, including the listing process and the incidental take authorization process, as a tool for CalCIMA’s members to better understand how to participate in these processes. Visit www.calcima.org/Files/WJT/ cesa101Primer.pdf n

Enforcement – Section 2081 Incidental Take Permits Cal. Fish & G. Code § 2081

• ITPs authorize "take" for otherwise lawful projects or activities, and can be required for already approved and operating projects, in addition to existing requirements. • CDFW issues ITPs with terms and conditions that must be roughly proportional to the impact of anticipated take, and requires monitoring to ensure compliance. • Applicants are responsible for ensuring adequate funding for terms and conditions; "take" must be fully minimized and mitigated; and "take" cannot jeopardize the continued existence of the species.

CDFW "Take" Authorizations Cal. Fish & G. Code §§ 2081 - 2085

1. "Take" Incidental to Lawful Activities: CESA allows incidental take pursuant to a Section 2081 Incidental Take Permit ("ITP").

Enforcement – Section 2081 ITP Process Cal. Fish & G. Code § 2081

2. "Take" of Species Listed Under CESA and Federal ESA: A "Consistency Determination" finding a federal take authorization is sufficient to meet CESA standards can avoid needing a CESA ITP.

• ITP applicants submit an application to CDFW that includes information on (i) anticipated impacts of "take," (ii) whether the ITP will result in jeopardy to the species; (iii) the applicant's proposed minimization, mitigation, and monitoring methods.

3. Alternative "Take" Authorizations: Voluntary NCCPs and/or RCISs: landowner safe harbor agreements; scientific collection.

• ITPs can be combined with other project approvals (e.g., a Conditional Use Permit) or applied for as a stand-alone permit.

Enforcing CESA's "Take" Prohibition Cal. Fish & G. Code §§ 12008-12008.1

1. Penalties: For CESA violations, CDFW can issue (i) citations with fines of up to $50,000 per violation and/or 1 year imprisonment; and/or (ii) cease and desist orders for activities resulting in "take". 2. Key Difference from Federal ESA: CESA does not include a "citizen suit" provision. Only the State of California – not private parties – can enforce private party compliance with CESA.

The Conveyor • 2021 Spring Issue

• CDFW must comply with CEQA in issuing ITPs. If an ITP is part of a broader approval, the local agency is the CEQA lead. CDFW initiates CEQA for stand-alone ITPs. • CDFW has 30 days to deem the application complete. CDFW must then issue or deny an ITP within 90 days – and no more than 150 days – of a triggering event:(either local agency approval or CDFW's application acceptance). • ITP issuance or denial is subject to legal challenge (e.g., for improper denial or disproportional mitigation, etc.). • NOTE: Every ITP is unique. These guidelines are general and cannot substitute for project-specific evaluation.

TECHNICAL

Opening New Concrete Highway Pavements to Traffic By Charles Stuart, Executive Director, Southwest Concrete Pavement Association As we look at the California State Highway System, we see a network of about 51,000 lane-miles of roadway. Of those lane-miles, 27% are concrete pavement and 73% are asphalt. Interestingly, concrete pavements carry 46% of California total traffic and 39% of the truck traffic in the roadway network. Nearly 90% of the California highway network was constructed between 1955 and 1975 with a designed lifespan of 20 years. Remarkably, most of the concrete pavement sections survived well beyond their projected design lives. Even with those extended lifespans of 65+ years, many of those roadways are now in need of reconstruction. Rehabilitation of these highways in our urban areas poses challenges that may at times seem insurmountable. Fortunately, many recent innovations with concrete pavement have solved urban highway rehabilitation issues like building concrete pavement in very short construction windows. To the benefit of California drivers, the California Department of Transportation (Caltrans) has stayed at the forefront of developing pavement technologies and applications. Many years ago, they recognized the value of Rapid Strength Concrete (RSC) and have used it on a widespread basis on urban pavement projects. In 2019, Caltrans awarded 217,000 cubic yards (CY) of pavement constructed with RSC. In fact, during that year, 20% of all concrete pavement work awarded by Caltrans was built using RSC. It goes to reason, as 16

RSC performs extremely well for short night-time and weekend closure construction windows. Remarkably, some RSC pavements can be opened to traffic in as little as one hour after mixing the concrete. That accelerated speed in opening does come at a price. For larger projects, cost data shows that RSC comes with a premium dollar cost of two to three times the cost of “conventional” Portland Cement Concrete (PCC). However, the higher costs can be easily justified by looking at the many benefits of RSC, like reducing congestion and traffic disruptions for the road users. Until very recently, Caltrans specifications required the use of RSC when a new concrete roadway needed to reopen in less than 10 days. The specifications required pavements built with conventional PCC to wait 10 days and reach a flexural strength of 550 psi. Let’s take a step back and evaluate the speed of conventional PCC. As it turns out, many of the current conventional PCC paving mixes used on Caltrans projects achieve the 550 psi flexural opening strength in about three to six days. In addition, innovative conventional PCC mixes like an accelerated Type II/V slip-form paving mix can reach 400 psi in just 24 hours! So, our conventional PCC is pretty fast. SO WHY WAIT 10 DAYS? Knowing our new conventional PCC concrete pavement reaches specified opening strength in only three to six days and we are paying a premium price for RSC, why are contractors required

to wait 10 days to open new pavement to traffic? It’s because of Caltrans Section 40, which reads: Do not allow traffic on concrete pavement or use equipment on it (1) for 10 days after paving, and (2) before the concrete has attained a modulus of rupture of 550 psi. To remedy this, the Southwest Concrete Pavement Association brought the issue to the Caltrans Pavement and Materials Partnering Committee (PMPC). The PMPC provides our roadbuilding industry a collaborative process for improving Caltrans plans and specifications. The “10-Day Wait” issue was added to the PMPC Bin List for Concrete Pavements and the issue was quickly identified as a top priority. A balanced working group of eight individuals – four from Caltrans and four from industry – was selected to work on the issue. On February 25, 2019, the group received approval of their proposed Scoping Document, Review and Update the Specifications for Concrete Pavements with Limited Construction Windows. In September 2019, the group’s final report was sent up to the PMPC Concrete Task Group for approval. The final report featured these significant findings: A survey of State DOT specifications revealed that most State DOTs open concrete pavements to traffic based solely on compressive or flexural strength results – with no time requirement. The Conveyor • 2021 Spring Issue

Flexural strength opening requirements for the surveyed State DOTs range from 450 to 600 psi. Caltrans = 550 psi. A basis for the existing 10-day time requirement was not found! As a result, a recommendation was made to eliminate the 10-day requirement from the specifications. The group’s final report was approved and on April 22, 2020, the Caltrans Revised Standard Specification was published and available for projects in October 2020. Section 40 removed the 10-day requirement! WHAT IS THE REMOVAL OF THE 10-DAY WORTH? Findings from one of the first projects indicate a 14.6% reduction

in pavement costs due to the reduced use of RSC and the increased use of conventional PCC. With conventional Jointed Plain Concrete Pavement (JPCP) replacing 47,200 CY of JPCP-RSC on the project, the total pavement costs dropped from $64,762,500 to $55,322,500. That’s a savings of $9,440,000! On other projects, Granite Construction implemented the new opening spec on their Highway 101 Carpinteria project in September 2020 and it proved to be a big success. It significantly improved the job schedule and enabled them to finish a key phase of construction before the onset of the rainy season. In Orange County, OC405 Partners picked up about five days for each ramp on their $1.5-billion I-405 widening project.

Flatiron West benefitted from the fast implementation of the new specification on their I-210 project, with closure days on 29 ramps dropping from 45 to 30 days or less, resulting in a contractor bonus of $477,500. The traveling public benefitted as well thanks to the 30% reduction in ramp closure time. This effort by Caltrans and the Southwest Concrete Pavement Association could not have been successful without the support of these SWCPA contractor members: Flatiron; Walsh; Security Paving Company; Teichert; OHL USA; Granite Construction; Southwest Concrete Paving Co.; Acme Concrete Paving; Penhall Company; and CEI. n

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LEGISLATIVE

CalCIMA Adds Legislative Advocacy Platform; Pursues Key Bills By: Robert Dugan, Adam Harper and Charley Rea, CalCIMA As we return to a full legislative session this year, there will be many opportunities and challenges for materials producers. To better prepare and assist members engagement on legislation, CalCIMA has added a new advocacy platform. The new platform is called VoterVoice. It will allow CalCIMA to more easily coordinate calls to action for both state and federal legislation. This includes letters and talking points. A press of a button will allow members to quickly reach legislative offices. In addition, VoterVoice includes blog updates on bills and simplified ways for members to track legislation. Check it out and sign up by logging onto the CalCIMA website at the “Advocacy and Action Center.” You can become an advocate! And, there could be plenty to keep members busy this year. CalCIMA members have helped initiate two bills this year. One is AB 1035 (Salas/Skinner), which will require cities and counties to have standards for use of recycled construction materials at least equal to Caltrans. The bill is addressing the concern that many cities and counties continue to prohibit or limit the use of recycled construction materials despite there being state standards and many environmental benefits, including keeping materials out of landfills, conserving natural resources, and reducing greenhouse gases. The other bill is AB 783 (Gray), which will update mine safety regulation. For one, the bill would eliminate a conflict in current law that makes surface mining 18

ineligible for the state’s Voluntary Protection Program (VPP) because of a statutory requirement that they be inspected annually. The VPP program is a very rigorous program that only companies and plants with the best safety programs can qualify for. The other provision would require Cal/OSHA inspectors to issues a “notice of hazard” when hazards are found at surface mines. This addresses the concern that the agency can take months to issue citations, without notifying employers about potential hazards.

"Act Now! Sign up today to become an industry advocate." CalCIMA is also working on and following many other bills of interest to members. The issue of carbon in the cement and concrete sector has gained

interest. The bill AB 1365 (Bonta) would add concrete to the Buy California Act, but by adding specific provisions to collect data from producers, move towards performance specifications, and incentivizing concrete products with lower carbon levels. The bill SB 596 (Becker) also seeks carbon reduction in the cement and concrete sector. In addition, there are bills that have garnered widespread interest from a variety of sectors, including material producers. These include AB 377 (Rivas), which addresses water quality, and SB 260 (Wiener), which proposes a Climate Corporate Accountability Act. As bills move through the legislative process, member input will be critical. We hope the VoterVoice platform will assist members engagement on legislation. As always, though, the CalCIMA office is ready and available to answer questions or assist with suggestions and ideas. n The Conveyor • 2021 Spring Issue

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UNDER PRESSURE – WORKPLACE STRESS By: Terry L. Tyson, Principal, Insight Services and Presentations There’s stress and then there’s STRESS! During a presentation at the most recent CalCIMA Spring Thaw, Meghan Neal, Director of EHS, P.W. Gillibrand Co., Inc., and I discussed ways to manage stress at work. I’d like to expand on that discussion. Make no mistake, the issue of stress at work is clearly a health and safety concern for everyone involved. Mental Health Care Professionals have reported dramatic increased numbers of new patients and treatments for existing ones. Given all that has taken place over the course of the last 12+ months, it is no wonder that workers in all trades have anecdotally reported high levels of harmful stress and the ill effects of that stress. If there is any good news in all of this, it’s that more people are reaching out for that help. But more on that later. Let’s begin by listing some common stressors at work. • Long hours • Heavy workload combined with tight deadlines • Unexpected or unwanted changes to duties • Insufficient skills for the job • Lack of autonomy/oversupervision • Unengaging, boring, perceived unimportant work • Inadequate and/or unsafe working environment, equipment and resources • Few promotional opportunities 20

• Harassment and/or discrimination While any of the above factors may be experienced in one’s work life and not necessarily result in harmful work-related stress, it appears that when these or other similar factors are present and there does not seem to be an endpoint or viable solution, that these stressors truly take hold. What’s more, when such things occur and there are stressors in a person’s private life, their negative effects are multiplied. The personal symptoms may include any number of things. Physical • Muscular tensions • Headaches and fatigue • Heart palpitations • Sleeping difficulties • Repeated gastrointestinal upsets • Dermatological disorders Psychological • Depression • Anxiety • Discouragement • Irritability • Pessimism • Feelings of being overwhelmed and unable to cope • Cognitive difficulties, such as a reduced ability to concentrate or make decisions Many of the above symptoms go unrecognized by everyone expect the person experiencing

them. It is not until behavioral symptoms are displayed that friends, family, coworkers, and managers recognize the effects of stress on a person. Behavioral • An increase in sick days or absenteeism • Hyper-sensitivity, impatience, reduced tolerance for frustrating events • Diminished creativity, initiative, disinterested in activities • Reduced work performance • Interpersonal relationship issues at work and home • Irritability, mood swings • Feelings of isolation or creating self-isolation In many instances, the person experiencing these symptoms will identify stress or depression as the reason for them, but not openly. In other instances, the sufferer may mislabel or misidentify the stressors but still know they are not at their best. Self-diagnosis is not impossible, but it often takes an outside observer or mental health professional to find the true cause of one’s stress-induced symptoms.

STRESS MANAGEMENT

Not all stress can be removed from a workplace, home, or even life itself. Some stress is actually good for you which we’ll discuss later but it is possible to manage stress to a degree that its negative effects can be minimized. The Conveyor • 2021 Spring Issue

1. Recognition and Acknowledgement Organizations with proactive, mature and supportive cultures understand that work stress is an ever-present factor in an employee’s work life. What’s more, home stressors and impact work stressors and vice versa. In most instances, these stressors form a repeating cycle that is difficult to stop. By being open and honest to everyone in the workplace that stress can and will be present, open dialogs and meaningful actions can take place. Individuals who can acknowledge that they are suffering ill effects from work-related stress are well on their way to developing ways to manage that stress. Once you acknowledge the issue, you may be able to recognize and identify the stressors affecting you the most. Once identified, actions to reduce their effects can begin. 2. Seek Help If you experience the negative effects of work stress, talk to someone about it. Discuss it with your friends, superiors, and peers. Merely talking about it truly helps. A company’s Human Resources Department, Employee Assistance Program, or health care provider should have guidance and professional resources available to you to help. Don’t try to handle it alone. 3. Identify the Stressor(s) and Handle Once you have a clear understanding of what is causing you the most serious problems work on reducing their impact. This will likely require an combined effort from management and yourself to create solutions that are effective but realistic. Long hours? Create longer or more frequent breaks. Find out how frequent those long days will The Conveyor • 2021 Spring Issue

be, often knowing that there is an end in sight helps to reduce stress. Feel like you have no control over your day? Work with management to find areas where you might be able to exercise some control, even minor changes help. Look for ways to organize your workflow or work area. There are many other things that can help so seek them out and be creative. Work it out with your company to see what might be done. Be open, honest, and realistic. 4. Check In Do you have a friend or colleague who doesn’t work in your company but is a good listener? It helps if they understand your work and workload so they can listen with knowledge. Check in with them every once in a while and give them an update. Similarly, if you are working with management to manage stress, report progress, concerns, successes and misses with them on a regular basis. Managers, though the above guidance is directed to an employee, you can take this information and work proactively to prevent work-related stress from having a negative, lasting effect.

BENEFITS

As mentioned earlier, not all stress is a bad thing. Stress can help accomplish great things in record time because of deadlines and restrictions to an outcome are imposed on a person. Such things help drive behaviors. Even when experiencing this stress, the feelings of accomplishment of finishing a project on time, under budget and all of the other potential stressor is transformative and reassuring. Experts have said that imposing hard deadlines and other potentially stress-inducing factors on a person or team can be an advantage with

one important caveat – GIVE THEM A BREAK! Just like an athlete undergoing stressful training for several days, there is a time for dialing back the workout to allow the body to recharge. It feels good when you’re riding a bike up a steep hill to coast down on the other side. One might label such periods as “Episodic Stress,” which is very different than chronic stress. After the stressful episode, take time to recover. Such approaches can be beneficial even when you didn’t think you could make it to the top. Stress, self-imposed or otherwise, can be used effectively for periods or time when a.) the finish line or goal is clearly identified, b.) there are supportive resources available, c.) course corrections take place as needed via guiding oversight, and d.) there’s a chance to coast downhill a bit before undertaking the next challenge. Without that recharge, burnout is inevitable.

OTHER CONSIDERATIONS

Take control of what you can including your physical health. Exercise, eat well, limit alcohol and all the other things associated with keeping yourself well. Meditate. It’s no longer some strange practice from the far East. It is a practical and effective way to quiet the mind, train yourself to focus and prioritize things in your life and workplace. Managers – Talk to your people. All the time. Communicate what is going on in the company, the good news and the bad. Never fail to seek out help – from friends and professionals. Your mental health is just as important as your physical health. Take care of your mind and body. For more information on Insight Services and Presentations please visit ttysoninsight.com n 21

VIRTUAL CONFERENCE

Lt. Governor and Adaptation Highlight 2021 Virtual Conference By Charley Rea, Director of Communications & Policy, CalCIMA CalCIMA held its first ever virtual Education Conference throughout the month of February. While the format created new challenges, it also opened-up opportunity for a broader program. The conference was also able to incorporate aspects of an in-person meeting with live question and answer sessions, networking connections, and novel social events. The conference statistics are impressive in many categories—45 speakers, 12 moderators, 37 topics, 9 sessions, 4 Happy Hours, and over 150 attendees! Lt. Governor Eleni Kounalakis opened the conference with a greeting and state overview for members. She was followed by other keynote speakers, including Ken Simonson, chief economist for Associated General Contractors

of America; Mike Keever, Chief Engineer for Caltrans. Throughout the month the conference featured two series of talks organized and hosted by the Environmental and Technical Committees. Each series featured 4 weekly sessions. Topics dovetailed between aspects of sustainability, social responsibility, and environmental justice, while also tackling the technical aspects of air, water, and specification compliance. The environmental series featured a diverse range of speakers, highlighted by Jennifer Norris, Ph.D. and Steven Springhorn from the CA Natural Resources Agency, Pat Shelby with the South Sacramento AB 617 Steering Committee, and Wayne Nastri with the South Coast Air Quality Management District.

The technical series featured leading sustainability advocates Frances Yang, ARUP, and Meghan Stringer, Holmes Structural, and prominent concrete technology academicians Jeremy Gregory, Ph.D. MIT, and Gaurav Sant, Ph.D, UCLA. With all the thought-provoking subject matter, time was needed for levity. Fortunately, CalCIMA associate members came up with clever social hours that members could partake in once a week. These included fun contests, recipe-sharing, and door prizes. And, one lasting benefit of the conference is that it is permanently preserved as a virtual library for future reference! CalCIMA thanks the committees, speakers, and sponsors that took on the challenge to produce a virtual conference for the membership. n

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ASSOCIATION NEWS

National Association News INDUSTRIAL MATERIALS ASSOCIATION – NORTH AMERICA (IMA-NA) The Industrial Minerals Association – North America has been coordinating with officials at NIOSH and MSHA to find ways to promote taking the COVID vaccine to those in the mining industry. Unfortunately, there has been a tremendous amount of anecdotal evidence we’ve received from our membership that employees and even some MSHA inspectors are expressing an unwillingness to take the vaccine when it is available to them. It is important that we work with everyone to promote the positive aspects of being vaccinated and being able to return to a normal life both personally and professionally. In order to get there, we know we need to have either herd immunity, or a significant portion of our population vaccinated against the virus. With the vaccine supply being sufficient now to cover all adults by mid-Spring, we want to encourage the mining industry workforce to be in the front of the line to receive it. We will be hosting webinars on the legal ramifications for employers as well as a coordinated webinar with NIOSH on the practical matters related to the vaccine. Information on these webinars can be found on our LinkedIn page: https://www. linkedin.com/company/35466686/ These webinars are open to all and free of charge. While the IMA is working to coordinate with MSHA and NIOSH on the importance of receiving the vaccine, we are also pushing back on the notion that an Emergency Temporary Standard is necessary for the mining industry related to COVID-19. New Labor Secretary 24

Marty Walsh will likely be working towards instituting an ETS at OSHA because certain industries have had outbreaks related to COVID-19. Fortunately, this threat has simply not materialized in the mining industry, largely because industry groups have done a terrific job in coordinating with MSHA, NIOSH and their member companies to promote best practices to keep the industry operating without an occurrence of a major outbreak. While a new Assistant Secretary at MSHA has not been nominated yet, IMA has done outreach to Acting Assistant Secretary Jeannette Galanis and Deputy Assistant Secretary Patricia Silvey in recent months encouraging them to focus on ensuring the mining industry getting vaccinated rather than enacting and implementing a new ETS at this late stage. We are hopefully nearing the end phase of this pandemic, if we all work together to promote the vaccine, we can get across the finish line that much faster. NATIONAL ASPHALT PAVEMENT ASSOCIATION (NAPA) 5 Ways to Increase Work Zone Safety The National Asphalt Pavement Association (NAPA) supports National Work Zone Awareness Week (NWZAW), April 26-30, and urges you to stop, assess, and act to safeguard your employees’ lives. After all, while safety involves routine checks, safety should never be routine. Crews should be empowered to interrupt processes and to speak up when they see something. According to CPWR, the Center for Construction Research and Training, struck-by injuries are a leading cause of death in the

construction industry and the leading cause of nonfatal injuries since 1992. NWZAW encourages holding safety demonstrations, training in hazard recognition and fall prevention, and talking about your company’s safety policies, goals, and expectations. Work Zone Safety Training Day, April 26, kicks off NWZAW, emphasizing the importance of making safety part of the culture through training. Here are five steps you can take to engage your crew and show your commitment to on-the-job safety. 1. Hold a safety stand down to talk to your crew about the importance of remaining alert in the work zone. 2. Invest in internal traffic control training program such as CrewSafety: Work Zone Training. 3. Conduct OSHA and CPWR toolbox talks on safety topics. 4. Have your CEO address your crews on the importance of safety. 5. Conduct a blind spot awareness activity. Find more safety tips, training, resources, and links to NAPA’s social media accounts on AsphaltPavement.org. NATIONAL STONE, SAND & GRAVEL ASSOCIATION (NSSGA) We all know that 2020 was a challenging year with the COVID-19 pandemic, causing a variety of stresses on our industry. Last year The Conveyor • 2021 Spring Issue

also brought many legislative and regulatory issues that continue in 2021, and amid the pandemic backdrop, NSSGA wants to empower industry leaders to strengthen their safety cultures. This year NSSGA continues to strive for the goal of ZERO injuries in the workplace. With COVID-19 top of mind to Health & Safety leaders, NSSGA has been engaging with MSHA and educating lawmakers about the extraordinary measures aggregates operators are taking to successfully keep employees safe during the pandemic without an Emergency Temporary Standard (ETS). NSSGA also shared our concerns about a broad ETS at OSHA, which would impact the non-quarrying aspects of aggregate operations, such as offices and sales yards. Recently, MSHA released new guidance to help mine operators mitigate and prevent the spread of COVID-19. The guidance recommends that operators implement COVID-19 prevention programs; emphasizes the value of engaging miners and representatives; outlines reporting requirements for cases of COVID-19; and highlights specifics that prevention programs should include. In March, NSSGA hosted more than 415 aggregate industry leaders (digitally) during our 2021 Annual Convention, where attendees participated through a virtual platform to connect and attend. The event featured a schedule of committee meetings, networking and educational content. The agenda included a safetyfocused breakout featuring Kevin Deel, MSHA’s Education, Field and Small Mines Services (EFSMS) manager. Deel spoke about the many resources, The Conveyor • 2021 Spring Issue

services and collaborations that the EFSMS provides for free to the industry, including training program analysis, train the trainer events, mobile safety training units and more. NSSGA members will next convene in Washington D.C. during the Legislative & Policy Forum on September 26-29. For more information on these NSSGA safety related updates, please contact Libby Pritchard with NSSGA.

& MEGA SPRAYER IN ACTION

NATIONAL READY MIXED CONCRETE ASSOCIATION (NRMCA) The Next Big Safety Discussion: Hard Hats vs. Helmets? Over the last couple of years, the drumbeat has grown louder from some calling for the broader construction industry to make the switch from using hard hats to helmets for its workers. The stated reason for making the switch is that they apparently offer greater head protection for workers required to wear head protection. As the discussion on hard hats vs helmets continues, industry is left asking a number of questions related to if they really are safer, why and how, does head injury data support needing a change, financial implications, other liabilities, and even the notion of safety change vs. industry cultural change. Not all the answers to the questions and issues are yet known, and it’s likely that not all the right questions have even been asked yet. These and many more issues will undoubtedly need to be deciphered as industry works to determine if helmets have a place in our industry. n

SPRING THAW

2021 SPRING THAW SAFETY CONFERENCE While educational opportunities have been limited during the pandemic, CalCIMA’s 2021 Spring Thaw Safety Conference brought new opportunities for safety education. This year’s conference was able to accommodate an expanded program —18 speakers and 13 sessions—and in half the time. This also allowed for an expansion of topics to include mine safety, shop, fleet, plant, and job-site safety. The Spring Thaw was further able to address the breadth of operations by members, whether aggregates and industrial minerals or concrete and asphalt. The day began with a moving video to commemorate the nation’s fallen miners in 2020. We thank Terry Tyson, with Insight Services and Presentations, for his thoughtful tribute.

This was followed by a video recapping the recent winners of CalCIMA’s Safety Awards. For the first time, the Chief of Cal/ OSHA, Doug Parker, spoke to the audience, launching the conference with relevant personal experience in workplace safety. James Peck, district manager for the Mine Safety & Health Administration (MSHA), followed with areas of federal emphasis in mine safety. Later, specialists from the NIOSH, Caltrans, and Cal/OSHA spoke on haulage safety, Caltrans safety initiatives, and the state’s Voluntary Protection Program. Safety professionals were featured in presentations on the upcoming federal regulatory agenda, managing stress at mines, using technology to self-inspect plants, and how best to interact with agency personnel. The

speakers were from Stoel Rives, PW Gillibrand, Insight Services and Presentations and 7/11 Materials. The breakout sessions—featured talks from members on ladder-less mixer trucks, active braking systems, asphalt burns, and traffic safety with asphalt loads. CEMEX, Holliday Rock, Graniterock, and Granite Construction safety professionals spoke. Finally, the virtual format provided the opportunity to record the whole conference. Members can now go back to watch or re-watch the entire Spring Thaw on Swapcard. Many thanks to the CalCIMA Safety & Health and Transportation Committees for developing this year’s Spring Thaw. The Spring Thaw sponsors were Clark Pacific, Harrison Temblador Hungerford & Johnson and Stoel Rives LLP. n

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