20 minute read
Pete Grasso
THE HVACR MANAGEMENT MAGAZINE
TERRY Tanker Publisher ttanker@hvacrbusiness.com
PETE Grasso Editor pgrasso@hvacrbusiness.com MEGAN LaSalla Art Director mlasalla@hvacrbusiness.com
BRUCE Sprague Circulation Manager bs200264@sbcglobal.net BARBARA Kerr VP Operations bkerr@hvacrbusiness.com ADVERTISING STAFF ERIC Hagerman National Sales Manager Tel 216-409-3246 ehagerman@hvacrbusiness.com TERRY Tanker Publisher Tel 440-731-8600 ttanker@hvacrbusiness.com
HVACR Business, founded January 1981, is a monthly national trade magazine serving contractors, mechanical engineers, manufacturers, manufacturer representatives, wholesalers, distributors, trade associations, and others in the heating, ventilating, air conditioning and refrigeration (HVACR) industry primarily in the U.S. The editorial focus and mission of HVACR Business is to provide business owners and managers with the very best business management concepts available. Critical topics covered include leadership, management, strategy, finance, sales, marketing, training, education, staffing, operations, human resources, legal issues, customer service and more. We are dedicated to helping contractors master these key management skills and provide them with the resources necessary to build strong, profitable companies. Every effort is made to provide accurate information, however, the publisher assumes no responsibility for accuracy of submitted advertising and editorial information. Copyright©2021 by JFT Properties LLC. No part of this publication may be reproduced or retransmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or any information storage retrieval system, without the prior written permission of the publisher. Unauthorized copying may subject violators to criminal penalties as well as liabilities for substantial monetary damages up to $100,000 per infringement, costs and attorneys’ fees. This publication should not be utilized as a substitute for professional advice in specific situations. If legal, medical, accounting, financial, consulting, coaching or other professional advice is required, the services of the appropriate professional should be sought. Neither the authors nor the publisher may be held liable in any way for any interpretation or use of the information in this publication. The authors will make recommendations for solutions for you to explore. Any recommendation is always based on the authors’ research and experience. The information contained herein is accurate to the best of the publisher’s and authors’ knowledge; however, the publisher and authors can accept no responsibility for the accuracy or completeness of such information or for loss or damage caused by any use thereof. Subscription Rates: Free and controlled circulation to qualified subscribers. Non-qualified persons may subscribe at the following rates: U.S. and possessions: 1 year $48; 2 years $75; 3 years $96; Canadian and foreign, 1-year $108 U.S. funds only. Single copies $8. Subscriptions are prepaid, and check or money orders only. Subscriber Services: To order a subscription or change your address, write to HVACR Business, 31674 Center Ridge Road, Suite 104, North Ridgeville, OH 44039 or call (440) 731-8600; or visit our Web site at www.hvacrbusiness.com. For questions regarding your subscription, please contact bkerr@hvacrbusiness.com. HVACR Business (ISSN 2153-2877) Copyright ©2021 is published monthly by JFT Properties LLC,31674 Center Ridge Road, Suite 104, North Ridgeville, OH 44039, Phone: 440731-8600. Periodicals postage is paid at North Ridgeville, OH and additional mailing offices. (USPS 025-431) POSTMASTER: Send address changes to HVACR Business, 31674 Center Ridge Road, Suite 104, North Ridgeville, OH 44039.
31674 Center Ridge Road, Suite 104 North Ridgeville, OH 44039 Tel: (440) 731-8600 Web site: www.hvacrbusiness.com (ISSN: 2153-2877)
BY PETE GRASSO
The Finale
EDITOR’S NOTEBOOK
There are many ways to say goodbye; and leaving a lasting impression is important. It’s also important to recognize and thank all the people to whom you are saying goodbye.
It’s no secret to anyone who knows me just what a “Seinfeld” fan I am — I’ve even written quite a few columns over the years based off lessons learned from the show. I sometimes like to view “The Finale,” with its parade of classic characters, as a final goodbye to the many people who made the show so great for so many years.
This is the point in my column where I make the “Seinfeld” episode I’m referencing relevant to current events … and in this case, it’s personal. After more than seven years as editor of HVACR Business magazine, this is my final column as I move on to the next phase of my career.
I’ve enjoyed my tenure as editor of this magazine and hope you have appreciated the quality business management and industry focused content I’ve made it my mission to provide each month.
One of the best aspects of this job over the years has been the ability it has afforded me to travel and connect with so many wonderful people. Contractors, consultants, manufacturers and distributors — this industry is full of so many smart and talented people. It has truly been a thrill to connect with so many of you.
In a similar vein to “The Finale,” I’d like to use the rest of this space to recognize some of the people I had the pleasure of getting to know my past seven-plus years here.
I’ve been lucky to have become closely acquainted with so many excellent contractors — business leaders and allaround great people. I’ve come to rely on so many of you for content, advice and industry knowledge.
Among them, I’d like to recognize Brian Stack (my neighbor) from Stack Heating & Cooling in Avon, Ohio; Michael Rosenberg from Rosenberg Indoor Comfort in San Antonio; Eric Knaak from Isaac Heating & Cooling in Rochester, N.Y.; Carmine Galletta from GallettAir in West Babylon, N.Y.; and Wade Mayfield from Thermal Services in Omaha, Neb. There have been many others
There are many ways to say — industry consultants and association leadership — that goodbye; and leaving a lasting have also had a big impact on impression is important. my time here. Ruth King, the magazine’s longest-running columnist, is a truly great person. Matt Michel, from Service Roundtable, is someone I’ve known for more than 15 years and I’m happy to consider a friend. I’ve also gotten to know Bart James from Air Conditioning Contractors of America and am thrilled he’s doing such a great job for ACCA and the industry. Chris Hunter, from Go Time Success Group, is someone I got to know when he was president of Hunter Super Techs in Ardmore, Okla. and had been a great resource for me over the years. I can’t forget about Jim McDermott. He’s been such a valuable part of this magazine and the industry for so many years (congrats again on your retirement, Jim). And of course, there’s Ron Smith — the godfather of HVACR. If you’ve ever met Ron, you know how lucky you are. There are too many others to name, but you know who you are. Finally, I’d like to express what a pleasure it has been to work with the internal staff here at HVACR Business: Terry Tanker, publisher who gave me the opportunity to be the editor; Barb Kerr, VP Operations the best proof reader of all time, and the person who has found every one of my grammatical and proofing errors; and Megan LaSalla, the art director who simply makes HVACR Business the best looking magazine in B2B publishing. Thank you. u
NASRC Sustainable Refrigeration Summit Targets Zero Emissions in Grocery Refrigeration
MILL VALLEY, Calif. — The North American Sustainable Refrigeration Council (NASRC) has announced that registration is now open for their Sustainable Refrigeration Summit. Hosted virtually from September 27 to October 8, this free event will bring together commercial refrigeration, energy, environmental, and policy stakeholders to address challenges and accelerate solutions to achieve a zero-emissions future for grocery refrigeration. “Reducing refrigerant emissions is one of the most powerful and cost-effective strategies to achieve zero emissions,” said Danielle Wright, NASRC executive director. “The Sustainable Refrigeration Summit is designed to bring together the technical know-how from the industry with the policies and infrastructure to support a successful transition away from harmful greenhouse gas refrigerants.” The summit will feature daily live sessions that outline challenges and opportunities to achieve net zero emissions, including the impact of regulations, retailer strategies to reduce emissions, technology options, opportunities for funding and alignment with energy performance goals. In addition, presentations that feature various natural refrigerant technologies will be available on-demand throughout the event.
>> nasrc.org
LG Commits to Most Aggressive Target for Reducing GHG Emissions
SEOUL — LG Electronics (LG) announced its commitment to set targets to follow science-based targets with the goal of cutting greenhouse gas emissions (GHG) in the use phase of major LG products by 2030, making LG the first Korean company to participate in the net zero global campaign, Business Ambition for 1.5C. The campaign, led by the Science Based Targets initiative (SBTi) with support of the CDP, United Nations Global Compact (UNGC), World Resources Institute (WRI) and World Wide Fund for Nature (WWF), has commitments of participation from nearly 700 global companies. LG announced its Zero Carbon 2030 initiative in 2019, committing to reduce the total amount of direct carbon emissions and indirect emissions generated during the production process by 50 percent compared to the 2017 baseline.
>> lge.com
PALM BEACH GARDENS, Fla. — Carrier Global Corporation (NYSE: CARR), the leading global provider of healthy, safe, sustainable and intelligent building and cold chain solutions, has reduced its customers’ carbon footprint by 68 million metric tons in 2020, which is equal to the energy use of more than 8 million U.S. homes in one year. Carrier also reported gains in diversity among its senior leadership, including 43 percent global executive diversity and 31 percent global women executives, up from 27 percent and 20 percent in 2015, respectively. Also, Carrier began tying its executives’ incentive compensation to progress against Environmental, Social & Governance (ESG) goals, including progress against its diversity goals and strategic initiatives. These accomplishments and more are outlined in Carrier’s 2021 ESG Report, which details the company’s ESG performance in 2020 and progress toward its 2030 goals announced last year.
>> corporate.carrier.com
Bryant Heating & Cooling Systems Announces Charles Bryant Award Winners
INDIANAPOLIS — Bryant announced that Chapman Heating | Air Conditioning | Plumbing of Indianapolis; Redmond’s Complete Comfort of Beech Creek, Pennsylvania; and Welsch Heating & Cooling of St. Louis, Missouri, were named the 2021 Charles Bryant Award winners. This is the first time in the award’s history that three dealers have earned this distinction in the same year. The Charles Bryant Award, named for the company’s founder, recognizes loyal Bryant Factory Authorized Dealers (FADs) that epitomize the characteristics of Charles Bryant, including professionalism, quality, reliability and community spirit. “We’re pleased to present this year’s Charles Bryant Awards to our three winners,” said J.T. Holtschlag, vice president, sales and marketing, Carrier. “The Charles Bryant Award honors those Bryant FADs that embody all the qualities that have made our brand what it is today. These three businesses have truly made a positive impact in their communities and are model organizations in the heating and cooling industry.”
>> bryant.com
Boothe’s Joins Wrench Group, Expanding Company’s Reach Into Mid-Atlantic Region
MARIETTA, Ga. — Wrench Group, LLC announced that Boothe’s Heating, Air & Plumbing, based in Hollywood, Md., has joined the company’s family of regional brands. Terms of the transaction were not disclosed. The transaction expands the Wrench Group presence into the Mid-Atlantic region. Boothe’s was founded in 1993 and provides a wide array of services for homeowners in southern Maryland, including heating, air conditioning, indoor air quality, plumbing and drains. “Boothe’s has built a reputation of outstanding customer service and rapid response from certified technicians over their nearly three decades in business,” said Ken Haines, Wrench Group CEO. “Their track record of growth is a perfect match for Wrench Group as we move into the mid-Atlantic for the first time.”
>> wrenchgroup.com
Fort Benning Expands Work with Honeywell to Improve Energy Resilience
FORT BENNING, Ga. — Honeywell announced the next phase of a modernization project with Fort Benning, a U.S. Army post located on the border of Alabama and Georgia, to improve energy resilience and create a more comfortable living and working environment for Fort Benning soldiers, employees and tenants. The $23 million project will help significantly reduce energy consumption on the base and generate $1.4 million in annual energy savings. The energy and operational savings achieved by the new measures are guaranteed by Honeywell and will self-fund the project, eliminating the need for up-front capital investment. The U.S. Department of Defense defines energy resilience as the ability to prepare for and recover from energy disruptions that impact mission assurance on military installations. This project phase includes more than 300 buildings, covering approximately 11.2 million square feet of Fort Benning’s total 26 million square feet of floorage. The project includes a utility monitoring and control system (UMCS), communication and cybersecurity upgrades, LED lighting, lighting controls and occupancy sensors, and building envelope improvements such as sealing cracks, gaps and holes and window solar film. Honeywell will repair an existing roof-mounted solar system to aid in producing renewable energy. The work will help to improve soldier comfort as Honeywell’s building control systems will remotely monitor key air quality factors such as temperature and humidity in the barracks.
>> honeywell.com
CAN I STILL TEST FOR MARIJUANA & NOT BE LIABLE?
Rules for drug testing employees can be confusing, but it’s neither as complicated nor as impossible as you may think.
BY JO MCGUIRE
Are you confused about whether or not you should (or can) continue testing for employee marijuana use? If so, you are not alone. But take heart. It’s neither as complicated nor as impossible as you may think.
As state and local entities change the rules pertaining to how and when an employer may test for THC, the evolving landscape can feel overwhelming. It’s not simply the shifting laws that have an impact, it is also rulings in court cases that have an impact on how employers may approach this issue.
For those who do business across state lines or in multiple states, keeping up with these changes can be challenging. However, it is imperative that employers have some fundamental components in Do not discriminate against an employee merely because you have discovered they hold a state-approved card that allows them to purchase cannabis in a dispensary where marijuana for ostensible medical use is legal.
place to ensure they are operating both safely and in accordance with state laws.
First and foremost, there is simply not enough stress that can be placed on the necessity of having a solid, comprehensive and up-to-date drug and alcohol policy in place.
REFRESH YOUR POLICY
The workplace drug and alcohol policy is the foundational cornerstone of when and how employers may conduct their drug testing program. It is critical, particularly in regions where laws are changing, that employers review and refresh their policies, ensuring that all practices are both current and include a commonsense approach.
In states where restrictions have been put into place for marijuana testing, review of the policy by an attorney who has expertise in drug and alcohol testing is advised. This step in the process is key. Often, attorneys who work on employment practices will advise that it is best to simply stop testing for marijuana. This is fear-based advice that simply comes from a lack of experience in drug testing law as well as decades of precedent that supports employer’s rights as well as the validity and efficacy of the drug test.
According to the Drug Screening Compliance Institute, testing for marijuana is still legal in all fifty states of the U.S. Yes, there are restrictions that apply for some, but simply throwing out the practice of drug testing leaves employers at more risk of liability from costly accidents, injuries and fatalities caused by those working under-the-influence of impairing substances.
There are steps employers should take to reduce the chances of inviting a situation in which they could be found liable for discrimination against employees where marijuana use is concerned. These are simple rules that everyone can easily follow.
First of all, do not discriminate against an employee merely because you have discovered they hold a state-approved card that allows them to purchase cannabis in a dispensary where marijuana for ostensible medical use is legal. What does this mean? It means you cannot fire or take action against someone simply because they have the “medical marijuana card.” That knowledge alone does not constitute action on your part as this alone does not constitute evidence of a policy violation. Period.
Secondly, understand that it is absolutely necessary for every supervisor to be trained on how to recognize the signs and symptoms of employee substance use. Why? Because the observation of concerning behaviors that may indicate an individual could be operating under-theinfluence of an impairing substance has become equally as important as the drug test itself.
Documentation of these signs and symptoms is paramount because ultimately, it is not primarily the result of the drug or alcohol test that matters when it comes to safety, it is the behaviors putting safety in jeopardy that are the chief concern and for which an employer can take action based on performance.
Thirdly, whatever is stated in the updated and state-law-compliant workplace drug policy should then be carried out with consistency and uniformity every time there is a policy violation.
In other words: FOLLOW the policy! Not doing so can lead to incidental discrimination if/when one employee or situation is treated differently than the last. If mitigating circumstances occur that cause any deviation, thoroughly document and state a clear reason for the response. Exceptions to your policy should be the extremely rare occasion and by no means a norm. Deviating from what has been established in your policy is a risky move that can place you square in the path of liability.
Always ensure that your entire workforce is made aware of your policies and that you have documented evidence they have been informed so no one can claim ignorance of the rules.
This lends to an important piece of the puzzle that can often be missed. Drug and alcohol testing programs should never be put into place punitively. Your policy is not meant to serve the purpose of catching people who violate it. The core purpose is to support your safety program. Creating a strong safety culture means setting an expectation that operating under-theinfluence of an impairing substance is not tolerated.
Because a state or local entity has chosen to decriminalize and/or commercialize a substance does not mean that employees should expect to work buzzed, stoned, or in any unsafe manner. In this way, we can draw a comparison to alcohol. It’s legal to drink alcohol – it’s not o.k. to report to work under-the-influence. The same logic should be applied to marijuana use.
Employers should also pay attention to safety-sensitive vs. non-safety-sensitive position descriptions. Make sure you can articulate how and why each particular job duty impacts the safety of your workplace and why each of these positions should perform their duties in a safe manner. Make sure that you comply with any definitions your state has outlined for what safety-sensitive entails.
DON’T IGNORE IT
It’s long been known that employee substance abuse costs U.S. businesses billions of dollars a year in lost revenue. Yet it seems to be an issue that we tend to ignore, while operating with continued frustrations over people problems.
If staff management headaches include a never-ending stream of issues such as chronic tardiness and absenteeism, lack of productivity, workplace theft, inexplicable mood swings and personal drama, with a high rate of employee turn-over then you are likely looking at some commonly known symptoms of employee substance use issues in your workplace.
This may very well mean that employees recognize you have a lax view of substance use, are not prone to enforce your policies and they are easily getting away with a disregard for safety.
Many of the fears around drug testing stem from beliefs that the test itself is flawed or that employers cannot determine whether an employee used marijuana recently or the old argument of “thirty days ago”.
First of all, lab-based urine testing is evidentiary-based (holds up in court) and is still considered the highest standard for success in a testing program. It must be noted that one-time use of marijuana will not be detected more than a few days post-use. However, it is accurate that if an employee partakes in marijuana use on a regular basis, whether daily or weekly, the urinalysis will reflect that THC is present in the system. Does this indicate impairment? No.
Impairment depends upon how recent the use is, how frequent and the potency of the product, but there is no test to determine whether or not an individual is operating impaired. This can become a cyclic trap where we become distracted by the what, where, when or how the drug has been consumed rather than remembering the priority of: what observable behaviors are contributing to the safety concerns?
Therein lies your documented, actionable item whereby a drug test may help to confirm a policy enforced safety violation. Keep this in mind when chasing the question of impairment. In fact, remove the word “impairment” from your workplace drug testing policy in order to avoid chasing a red herring and refer to unsafe action as operating under-theinfluence. Impairment cannot definitively be proven but unsafe behaviors as a result of operating under-the-influence of substances can.
A tool that many employers are finding useful, particularly where safety sensitive duties are performed is the labbased oral fluid test for marijuana. Most devices detect THC in the system that has been consumed in the past 8-24 hours. This could be quite helpful where postaccident testing would reveal recent use, discounting the claim that use occurred weeks ago. Make sure your policy gives you the option to utilize different types of testing methods and do not limit yourself only to urinalysis.
Should you need assistance with staying current on state laws and best policy practices, there are many options for legal experts in the drug and alcohol testing industry who routinely advise employers on these matters. It may be worthwhile to have the peace of mind that an expert can provide, giving you the confidence that enforcing your safety program through effective drug testing is still every employer’s right. u
Jo McGuire is the founder and Executive Director of the National Drug & Alcohol Screening Association. She is a subject matter expert on workplace drug policies who has been speaking and writing on this topic for over a decade. Jo advises policy-makers, employers, trade associations and community leaders on effective drug policies and is a sought-after conference speaker due to her common sense approach. For questions or more information you may reach Jo at: jo@ jomcguire.org
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