Posts by admin

Julie Barown Continues a Legacy of Excellence at J. Andrew Lange, Inc.

Posted on by admin

by Becca Taurisano

Julie Barown had always excelled at math and science, but was thinking about a career in law until her high school physics teacher stopped to talk to her after class. Recognizing her natural talents, he suggested that she consider engineering instead. “It was the first time my eyes had really been opened to that field of study. Attending an all-girls high school in Brooklyn, it was just not something that anyone had suggested to me before. The thought of becoming an engineer sounded incredible and I knew immediately that’s what I wanted to do,” she says. That one conversation changed her life. After high school graduation, instead of studying political science, Barown received a scholarship to Rensselaer Polytechnic Institute and thrived in the rigorous academic engineering environment she found there.

After receiving a Bachelor of Science from Rensselaer with a concentration in Civil Engineering, Barown set out on a career path that included obtaining her New York professional engineering license and working as a professional municipal engineering consultant.  After nearly a decade and a half in that area, feeling her career had stalled and yearning to expand her horizons, she set out into the engineering sales world. This culminated in a realization of the goals Barown had set many years ago. This past October, Julie Barown was named President of J. Andrew Lange, Inc. in East Syracuse, a manufacturers’ representative, supplier and dealer for water and wastewater treatment equipment serving Upstate New York.

Barown came to J. Andrew Lange, Inc. in 2018. She was looking for a company that would allow her to make an impact across New York State by providing technical expertise, reliable products, and outstanding technical customer service in order to protect one of New York’s greatest natural resources – water. A chance encounter with long-time Lange employee and professional acquaintance, Mike Mele, lead her to Lange and it seemed like a natural next step in her career. Mele told her that Lange was looking for someone to come on board and knowing Barown from her days as a consultant, he was enthusiastic. When she interviewed with owner, Margery Lange Keskin, Barown realized there was an opportunity for ownership as well. “All the cards had finally fallen into place. Lange was exactly where I wanted to be,” says Barown, “and it was already a woman-owned business. I knew there was a lot of potential for me at Lange and where the company could go in the future.”

Lange was incorporated in 1968 by J. Andrew Lange, Keskin’s father. As a second-generation business owner, Keskin was looking for someone to continue the legacy her family built. With Keskin’s business acumen and Barown’s technical expertise, they naturally complemented each other’s skillsets. “I have always felt very well taken care of by Marge. I always felt very valued as an employee,” says Barown. “My experience working for a consultant and my experience working for a manufacturer get wrapped up into a nice package here with what I do for Lange. I am the bridge between the engineering and manufacturing worlds,” Barown says.

As a business partner for manufacturers, Lange is responsible for business development of the products they represent, as well as working with engineers to specify equipment. There is a lot of work done by Lange before a piece of equipment is ever sold. “Our relationship with engineers is key and the trust is so important. We pride ourselves on our technical expertise and being upfront and honest at all stages of the project,” Barown says. However, Lange’s work doesn’t stop there. Lange also works closely with contractors who are installing their equipment, so being responsive to contractors’ questions and helping them solve problems, is crucial. “There are a thousand different places where things can go off track during construction,” Barown says, “but we are there to make sure the process keeps moving smoothly, for the contractor, the engineer, and the owner.”

At the beginning of 2020, Mike Mele announced he would retire from Lange after more than 25 years. Then the COVID-19 pandemic happened. “Everything was very unsettled,” says Barown, “and I realized that I needed someone I could rely on.” In July 2020, Mike Deyulio joined the team at Lange. “When you make big changes, there is always risk involved and some level of discomfort. Once Mike came on board, it made it comfortable for me to take on the risk of ownership,” says Barown.

Mike Deyulio brings more than 20 years of knowledge of the construction industry, sales experience, and business expertise to the Lange team. Deyulio says he likes the way Lange is run, both by Barown and Keskin before her. “This is a family-owned business, but it operates like a big company. Julie is a very technical engineer and I have the sales and construction background. My past experience and her past experience complement each other. Our life experiences have taught us a lot,” says Deyulio.

Barown hopes to expand the services Lange currently offers their customers including construction administration and observation, professional services, and equipment services. “Engineers and contractors tell me they need Women Business Enterprise services beyond what they can currently find, so I would like to meet that demand,” Barown says. Deyulio looks forward to what the future holds. “We will allow our brand to grow bigger by bringing on additional competitive manufacturers and we are starting to see the marketplace demand other products. Some of the plans Julie has will put us a step ahead of the competition,” he says.

Stepping into the role of owner is a dream come true for Barown, and one she worked toward for more than a decade. “I am one of those people who gets something in her mind and doesn’t let go until it happens. I am very goal-oriented and driven in that way,” she says. In addition to owning J. Andrew Lange, Inc., Barown is involved in several leadership roles with state and local professional organizations. She is a board member of the Capital District Chapter of the New York State Society of Professional Engineers, Board Member of the Capital District Chapter of the New York Water Environmental Association (NYWEA), chairperson of the NYWEA Public Outreach Committee, and member of the NYWEA Diversity, Equity, and Inclusion Committee. Barown and her husband have three children, three cats, three dogs, and enjoy renovating houses as investment properties.

According to Barown, we still have a long way to go to make a future in science and technology accessible to women. “It’s not so much that the opportunities aren’t there,” Barown explains, “it’s that the environment isn’t always as inviting for women as it could be. Throughout my career, I’ve had to deal with being the only woman in the room, and on occasion, the comments, both direct and indirect, that come along with that,” Barown says. “If I’d had a thinner skin, I might not be where I am today. I’m not one to give up.”

  1. Andrew Lange, Inc. holds a Women’s Business Enterprise National Council certification, a Woman Owned Small Business (WOSB) certification, and a New York State Minority and Women-Owned Business Enterprise (MWBE) certification. To learn more about J. Andrew Lange, Inc., visit https://www.jalangeinc.com/.

CALLOUT

“Immediately after coming onboard in 2018, I recognized that Julie had what it takes to be a successful business owner: smart, likeable, great work ethic and impressive educational background. Like my father, J. Andrew Lange, Julie is also a Rensselaer engineering graduate and a Professional Engineer. We were very fortunate to have found such a quality individual in Julie. J. Andrew Lange, Inc. and its employees pride themselves in a commitment to quality and marketplace focus. I am very pleased that Julie will carry the torch for both my and my father’s legacy in J. Andrew Lange, Inc. well into the future as a woman owned business.” – Margery Lange Keskin, Daughter of J. Andrew Lange and Former Owner of J. Andrew Lange, Inc.

Right Price Companies/RPC Technology: Role models for their community in the heart of Syracuse

Posted on by admin

By Sarah Hall

Darin and Paris Price are looking to create a legacy.

The Syracuse couple, who owns Right Price Companies and RPC Technology, hope to hand their business down to their children someday.

“We want Right Price to be in existence well after we’re gone,” Darin said. “We want it to be a company that is a pillar in Upstate New York for years to come.”

The Prices launched Right Price Companies in 2004. The firm provides commercial furniture to the corporate, education, healthcare, and government sectors. RPC Technology, which launched about seven years ago, made its mark in the industry participating in New York State’s New York State Broadband for All program as a value-added supplier, as well as a logistics material coordinator. The program seeks to bring broadband internet to underserved or unserved areas, where nearly one million New Yorkers, mostly in rural areas, do not have an internet connection (based upon 25/3 bandwidth connection).

Darin maintains that Right Price Companies’ primary goal is to provide solutions and excellent service to its customers.

“Our desire to provide superior service for our customer is what prompted our pivot into the technology industry,” he said. “While working with a client to provide both furniture and a paneling system, the client asked if we could also handle his computer networking and set-up. At the time, our company had a relationship with RMS, a technology service and solutions company, and together, we were able to deliver a complete solution exceeding our customer’s expectation.”

“It went so well that I had an ‘aha moment,’” Darin said.  “Our customers need a total solution. That was the birth of RPC Technology.”

Right Price and RMS merged and began working in the industry, bidding on and winning projects. SUNY Oneonta was its first substantial contract with fiber optic cable.

‘This project allowed us to see technology as our next business frontier,” Darin said.

RPC Technology strategy began planning to participate in the NYS Broadband for All prior to the announcement of grant awards. The program launched in 2016 with three phases of grant awards to telecom and cable service operators and providers, as well as municipalities, throughout the state over the next three years.

“As one of the few certified minority suppliers of fiber optic cable in the area, RPC became a key supplier of fiberoptic cable to cable service provider in Upstate New York that participated in the broadband program, addressing a vital need in Upstate New York.” Darin said.

“When we think about the personal aspect of high-speed broadband, we have to understand that the program allowed for a higher level of connectivity to the rural areas of New York State, especially now, because computer access is more important than ever before,” Paris said. “It’s so desperately needed for our children to learn remotely, for hospitals, businesses, not to mention your home. Not only did we see the benefits for our business, but we recognized the desperate need for the opportunity of expansion of fiber optic cable throughout New York State, especially its rural territories that had some level of access.”

Ultimately, the Prices said they are looking to be a full-service wholesale electrical supply distributor as well as an outside plant construction company. This aspect includes fiber cable deployment, antennae/line installation, and maintenance in relation to cell towers.

“As alumni of the Goldman Sachs 10,000 Small Business program, we have a very clear vision for our future growth,” Darin said.

The Prices also emphasized that RPC is one of the only minority-owned companies in the field. They are certified with New York State and New York City as a Woman/Minority Business Enterprise, as well as the New York Port Authority and the Mass Transit Authority. They are also registered with the National Supplier Development Council as a Minority Business Enterprise and the federal government as a Small Disadvantaged Business.

“We are a company that wants to work with everyone. We are a corporation first that just happens to be owned by a minority,” Darin said. “We’re not a minority first when we walk through the door. We build our reputation on the service and on our products.”

There are some, however, who balk at the MBE label.

“Some people have the stereotypes—the preconceived notions—that because you’re a minority business or a woman-owned business, that there’s going to be something different, they have to do; something different to deal with us,” Darin said. “We go through the many steps of certification to get into the door, to get a fair look-see at a project. Unfortunately, these same old stereotypes never seem to die.”

In reality, being an MBE just means that RPC is looking to make a relatively homogeneous field a little less so.

“RPC is an equal opportunity employer. We hire diverse candidates to go into an industry where there’s not a lot of diversity,” Darin said. “It is our responsibility to give our people a fair opportunity at these jobs.”

As a minority business, RPC is also focused on workforce development and hiring.

“We have a relationship with SUNY EOC, Jubilee Homes, and CNY Works,” Darin said.   

In particular, Darin and Paris’ goal is to bring in talented candidates from their neighborhood.

“We intentionally created our business in the heart of Syracuse,” Paris said. “One of our personal goals is to be role models for those in our community, the community that both Darin and I grew up in. It was very important for us to be able to let our community see a business prosper and to let them see themselves in it. They see business owners and people working that look like them.”

RPC is the culmination of Darin’s aspiration to start his own business, something he dreamed about way back when he was mowing lawns as a kid—and told Paris about it back when they started dating in the early 1980s.

“He always came to me with the idea that one day, he would be self-employed,” Paris said. “For a while, I didn’t understand the benefits of being the boss. But I definitely understand the benefits of it now. We are able to have a pride in ownership that, had he not been persistent about reaching his lifelong goal of being self-employed and owning our own business, we would not have the experience today.”

While there have been challenges, Darin said he would not change a thing.

“My worst day being self-employed doesn’t compare to my best day working for someone else,” he said. “[There’s a] sense of accomplishment and knowing that you started a business from the ground up and seeing how it has blossomed into something that is a legacy builder that you can then give to your children. Your children’s children can see the spirit of entrepreneurship within your family, which really encourages your children to do the same thing.”

Tax Provisions in the Build Back Better Act

Posted on by admin

Nicholas L. Shires, CPA, Dannible & McKee LLP

At the writing of this article, the Build Back Better Act (BBBA) was passed by the House of Representatives and sent to the Senate for deliberation. This bill, if passed by Senate, could drastically change the mindset of your tax planning in 2022 and beyond. It contains numerous provisions related to areas ranging from health care, climate change and immigration to education, social programs and, of course, taxes. While it is expected to undergo some changes before it is passed in the Senate, the legislation will likely undergo several more changes to get all of the Senate Democratics on board.

Funding for the sweeping package largely comes from tax increases on high-income individuals and businesses, but the law also includes tax breaks for eligible taxpayers. Here are some of the significant tax changes included in the bill:

Corporate Taxes

The bill imposes a 15% minimum corporate tax on corporations’ financial statement net income.  This reduces the benefit of numerous credits and deductions for high-income corporate taxpayers.  It also includes a 1% excise tax on companies when they buy back their own stock.

SALT Deduction

After negotiating numerous times, the BBBA plans a cap on the Federal deduction for state and local taxes, or SALT, at $80,000, up from the $10,000 imposed beginning in 2018.  The higher cap would be in place through 2030 and then revert to $10,000 in 2031.

Child Tax Credit

The bill would extend through 2022 the extra monthly payments per child that parents earning up to $150,000 are now getting. The legislation also makes the tax credit permanently refundable.

High Income Surtax

The BBBA would create a 5% surtax on individuals with a modified adjusted gross income (MAGI) that exceeds $10 million ($5 million for married taxpayers filing separately). It adds another 3% surtax on MAGI exceeding $25 million ($12.5 million for married taxpayers filing separately). The surtax would take effect for 2022.

Net investment income tax (NIIT)

The Act would expand the 3.8% NIIT to apply to the trade or business income of high-income individuals, regardless of whether they’re actively involved in the business. The income thresholds are over $500,000 for joint filers, over $400,000 for single filers and over $250,000 for married couples filing separately. The NIIT currently applies to business income only if the income is passive.

Renewable Energy Benefits

Some $300 billion is by far the largest component of the climate spending in the package, which would include expanding a number of tax credits for renewable power, electric vehicles, biofuels and energy efficiency.  The credits apply to businesses and individuals.

EV Tax Credit

Under the bill, a $7,500 consumer tax credit would be made refundable and expanded by up to $4,500 for electric passenger vehicles.  An additional $500 bonus would be added for vehicles that use batteries made in the U.S for a total of $12,500. The legislation also creates a new $4,000 tax credit for the purchase of used electric vehicles.

IRS Enforcement

The bill would give the Internal Revenue Service (IRS) an additional $80 billion to hire more auditors, improve customer service and modernize technology.  The Congressional Budget Office concluded IRS enforcement would raise $207.2 billion over a decade, or $127.2 billion after subtracting the $80 billion in additional funding for the agency.

At the point of writing this article, it’s impossible to say which of the proposed tax law changes will survive and be enacted into law. Additional tax provisions could be added, too. However, smart taxpayers will get up-to-speed on the Build Back Better Act’s tax proposal, so they’re prepared if/when they make it through the legislative process. If you have any questions regarding any of the current tax provisions and how they may impact you and your business, feel free to contact Nick Shires at nshires@dmcpas.com or 315-472-9127.

Nicholas L. Shires, CPA is a tax partner at Dannible & McKee, LLP.  Nick has over 16 years of experience providing tax and consulting services to a wide range of clients, including individuals and privately held companies.

Why Do People Get Hurt?

Posted on by admin

Susan Geier Fahmy, Vice President, Director of Safety & Health Services, Lovell Safety Management Co., Inc.

What do we think of when we think of safety and people getting hurt? The first is the pain and suffering of the injured worker and the increasing costs of our workers’ compensation insurance. We see the immediate and obvious implications; however, we often do not recognize the giant cost factors that are lying just underneath our noses.

The lost time we will need to make up by hiring someone new or having our other workers fill in. The effect the injury will have on employee morale and productivity. The indirect costs of this injury, such as property damage and excessive amounts of time spent by management reporting on and following up on the incident.

The legal ramifications of the injury and will OSHA be brought in? Will we be sued or written about in the local newspapers? How will our customers react to it? Will our OSHA frequency rates and severity rates be affected? What will our experience modifier go up to? Will we still be eligible to bid on jobs?

It is clear that for many reasons we do not want to have workplace employee injuries. But, how do we avoid them? We create slogans, put up posters, do employee training, provide personal protective equipment, etc. Yet, we still have injuries. How do we explain why people get hurt?

Is it inattention, as many supervisors are prone to say, or unsafe conditions, poor training, inadequate personal protective equipment? Or is it a result of unsafe behavior? We have reported for years that 10% of injuries are from unsafe conditions and 90% are from unsafe acts/behaviors. Yet we spend most of our attention on ensuring that the physical environment is hazard free and we have met the details of safety regulations, all of which needs to be done. However, employees are still getting hurt.

For years now, safety professionals have talked about changing the “culture” of an organization to impact its safety program. But what does that mean to the supervisor on a worksite or an owner of a company trying to get the job done. How does he/she implement that?

We need to begin by looking at how we behave and understanding it, so that we can change it. Please note: behavior is an observable act, not an attitude or an emotion. We are not performing psychoanalysis; we are trying to affect the actions people take. Here are the ABC’s of behavior!

Antecedent:    The circumstance before a behavior occurs.

Behavior:        The action the person takes.

Consequence:  What happens as a result of the action the person takes.

An example of this …

You are driving and you see a yellow light, what do you do? (The yellow light is the antecedent). Most people, if honestly speaking, will speed up to make it through the light! (That is the behavior) What is the consequence? Usually, you will make it through the light and get to your destination faster and with no negative effects.

NOW… Let’s change just one thing. Imagine a police car sitting on the corner of the yellow light. What do you do now? Most people will slow down. Why? What has changed? We are now concerned that we might get a ticket. The fear of a change of consequence is what changed the behavior. How do we relate this to safety?

Let’s take another example. A piece of metal needs grinding (the antecedent). An employee begins work on the grinding wheel without safety glasses (the behavior). The supervisor walks past him and says nothing. The employee continues to have this behavior every time he has a grinding job. He goes for years with neither an injury nor a reprimand from his supervisor. The consequence is that he gets the job done with no problem. Then one day the grinding wheel breaks and pieces fly into his eye and he has a serious eye injury. The consequence has now changed and the employee will probably never perform this task again without the proper personal protective equipment because he will be afraid he will get hurt again. The same behavior could have been achieved, without the injury, if the supervisor had acted when he saw the behavior that was at risk and created a consequence for the employee that would have motivated him to do his job safely without him having to get hurt. This could have been a simple reprimand, write up, etc.

It all comes down to motivation. People perform “at-risk” behaviors because it is human nature to repeat what we have learned in the past. Most times, at-risk behavior is a short cut; it saves time, is convenient and we do not usually get hurt. There are no apparent negative consequences and the extra time and effort it takes to avoid at-risk behavior does not “immediately” offset the low risk of getting hurt. Add to that management often turning a blind eye to at-risk behavior, choosing rather to discipline the employee after he or she is injured.

It is management’s responsibility to provide the consequences prior to the injury. This will motivate the employee to avoid at-risk behavior. The only way to motivate is through consequences. Consequences provide the key to performance. People behave in ways that have been optimally reinforced in the past and avoid those behaviors that have had negative consequences.

How do we motivate employees to avoid “at-risk” behavior? We need to understand when and how we are working at risk and develop, and use, an alternative method. We need to understand how to do the job safely and develop consequences that the supervisor can use to motivate the employee to use safe behaviors and avoid at-risk behavior.

Factors that influence consequences include timing, consistency and positive vs. negative impact. Immediate, consistent and positive consequences have the greatest impact. It is important to identify immediately and consistently at-risk behavior. However, it is a myth that stopping unsafe behaviors will result in safe behaviors to occur more often. The reality is that for safe acts to occur more often they must be actively acknowledged and recognized. We must:

  • Develop both positive and negative consequences. Enforce safety rules and identify at-risk behavior. We need to have a disciplinary procedure for those employees who continue to perform at-risk behavior and an incentive program for those who act safely.

  • Instill accountability: Company owners, supervisors and employees all play a key role in ensuring a safe and healthy workplace. Owners are responsible for providing a safe and healthy workplace, providing the needed tools, protective equipment and training. Supervisors must be empowered to provide the employee consequences and employees must do their job utilizing safe behaviors.

We all need to take responsibility for safety. It must be an integral part of the way we work. That is the only way a truly safe and healthy workplace will exist.

Susan Grier Fahmy, CSP, is Vice President, Director of Safety & Health Services at Lovell Safety Management Co., LLC. You may contact Lovell Safety Management at 1-800-5-LOVELL or visit online at www.LovellSafety.com.

Marijuana and the Workplace

Posted on by admin

By Diana Plue, Esq., Sheats & Bailey, PLLC

The Marijuana Regulation and Taxation Act (MRTA) amended Labor Law § 201-d to clarify that marijuana is a legal consumable product.  Employers may not discriminate against employees that use marijuana outside the workplace and outside of work hours.  This new law raised questions with regard to an employer’s ability to drug test for marijuana and enact disciplinary action for marijuana use.  NYS DOL recently issued guidance for employers with regard to these issues. 

The NYS DOL has stated that employers may have a written policy prohibiting the use of marijuana during work hours including breaks, while on employer property and in company owned vehicles.  An employee who takes a company owned vehicle home can be prohibited from using marijuana in the work vehicle even outside work hours.

Can an employer drug test an employee or potential employee for marijuana? 

  1. An employer may drug test for cannabis if a federal or state law makes it a mandatory requirement of the position or the federal contract makes it mandatory. For example, employees who drive commercial vehicles are subject to mandatory drug testing for commercial vehicles under 49 CFR Part 382. 

Please note that the Drug Free Workplace Act of 1988 does not mandate or authorize drug testing of employees.  Therefore, a federal contract that just states an employer must comply with the Drug Free Workplace Act of 1988, does not authorize a NYS employer to test its employees for marijuana. 

  1. An employer may drug test when required by a federal contract or to maintain federal funding.
  2. An employer may drug test, when the employee, while working, shows specific articulable symptoms of impairment that either decrease the employee’s performance or interferes with the employer’s obligation to provide a healthy and safe workplace.

A positive test for marijuana, by itself, cannot be used to make employment decisions regarding hiring, promoting or terminating an employee unless there is a federal or state law or federal contractual requirement that requires employees/workers to be drug free.  Therefore, unless there is a federal or state mandatory drug test requirement or a federal contractual drug test requirement for marijuana, employers should never require a pre-employment drug test for marijuana or perform random drug testing for marijuana.

The DOL guidelines clearly state that an employer can only drug test for marijuana for the above reasons.  Neither the DOL nor Labor Law § 201-d (4-a) mentions that an employer may take action such as testing because of a collective bargaining agreement.

What are articulable symptoms of impairment?  Per the NYS DOL, they are objectively observable indications that the employee’s performance of the duties of the position are decreased or lessened.  For example, the operation of heavy machinery in an unsafe manner may be considered an indication of impairment. DOL does not provide any further clarification or list of articulable symptoms but does state what cannot be cited as an articulable symptom. 

The following symptoms by themselves are not articulable symptoms of marijuana use:

  • Observable signs of possible marijuana use that do not indicate impairment on their own. For example, red eyes with nothing more does not indicate impairment because red eyes with no other symptoms could be from allergies or lack of sleep.
  • A positive drug test for marijuana usage by itself cannot serve as a basis for an employer’s conclusion that an employee was impaired. All the test will show is that there is cannabis in the employee’s system, which can be detected up to 30 days after use; the positive test alone does not show impairment.
  • The smell of cannabis on an employee, on its own, is not evidence of an articulable symptom of impairment under Labor Law §201-d. Use of cannabis does not automatically mean a person is impaired. 

Can an employer discipline an employee for marijuana use?

An employer may take adverse action against an employee:

  1. Who is using marijuana during work hours (including during breaks and during periods an employee is on call);
  2. Who uses marijuana on employer property;
  3. Who uses marijuana in company owned vehicles;
  4. Who is impaired by marijuana and exhibits specific articulable symptoms of impairment that
  • Decrease or lessen the performance of the employee’s duties or tasks;
  • Interferes with an employer’s obligation to provide a safe and healthy workplace, free from recognized hazards as required by state and federal occupational safety and health laws.
  1. When required to by State or Federal Law;
  2. When the employer would lose a federal contract or federal funding because of employees’ marijuana use. If a project requires employees to obtain a clean drug test to work on the project, employers should give notice of this requirement to its employees and the potential consequences if said drug test is failed.

Labor Law §201-d applies to private, state and local government employers.  Labor Law §201-d only applies to employees who work within NYS and are over the age of 21.  Marijuana use is still prohibited for anyone under the age of 21.  Employers cannot require employees to waive their rights under Labor Law §201-d.  For remote workers, the DOL does not consider a private residence a worksite within the meaning of Labor Law §201-d.  But an employer may act against a remote worker if the worker is exhibiting articulable symptom of impairment during work hours. 

An employer who violates Labor Law § 201-d by refusing to hire, refusing to promote or discharging an employee from employment because of said employee’s legal use of marijuana outside of work hours and off work property can be subject to civil penalties and to civil actions from their employees. 

Employers who wish to prohibit employees from working while impaired should have a written policy prohibiting such conduct and stating the consequences for working while impaired.  Employers need to train their supervisors on what type of symptoms of impairment to look for.  Employers should also update their work policies, including handbooks, to make sure their current policies do not run afoul of this new legislation. Employers must review and update any drug testing policy so it complies with The Marijuana Regulation and Taxation Act (MRTA) and Labor Law § 201-d. 

For more information or assistance in drafting a written policy on marijuana use and/or updating current workplace policies including drug testing policies to be compliant with Labor Law §201-d contact Diana Plue at Sheats & Bailey, PLLC, Tel: (315) 676-7314.

The information provided in this article is not intended to serve as specific legal advice for any particular situation.  Competent legal and experienced counsel should be consulted.

Bright Future Ahead for Construction Industry as Learn to Live with COVID-19

Posted on by admin

Earl Hall, Executive Director, Syracuse Builders Exchange

From the beginning of the COVID-19 pandemic, the construction industry and the skilled craftsmen and women who continued to work have been deemed a key component of New York State’s essential workforce.  Contractors and their employees, while not immune from contracting or spreading COVID-19, have been able to complete vital projects, while limiting the spread of COVID-19 by following the latest health and safety recommendations from the New York State Health Department, New York State HERO Act, Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC).

Unfortunately, with the rise of COVID-19 variants, such as Delta and Omicron, the New York construction industry is now subject to some of the same rules and regulations from 2020. Construction industry leaders believe that responding to the COVID-19 virus is of critical importance for the health and safety of construction workers throughout New York State, their families, and communities.

While over 80% of all New Yorkers are fully vaccinated, most industry leaders remain committed to encouraging all construction workers to get vaccinated unless there are underlying circumstances that would not permit one to receive the vaccine. Many believe a vaccinated workforce is vital protection for the employee and their fellow workers. A vaccinated workforce is also important for the industry and the contractors who have contracts in place to perform for a General Contractor or project owner. Penalties for non-performance or an untimely completion of a scope of work is real and can be devastating to any business owner who failed to anticipate labor issues on a particular project.

On November 5, 2021, OSHA announced that it published a new workplace safety rule through an Emergency Temporary Standard. On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 ETS.  If not overturned by the courts, this new OSHA requirement will cover all employers with federal contracts, as well as those employers with more than one hundred employees. Covered employers will have to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. Additionally, many project owners, both public and private, are mandating all contractors and employees performing work on their site must be fully vaccinated or produce a negative COVID test result.  These requirements are mandatory for all employers regardless of the number of employees employed.

At a time where there remains a significant labor shortage, losing valuable employees from an employer’s workforce due to governmental regulations, and some or many employees choosing to not being vaccinated poses unimaginable challenges for construction industry employers.  Without workforce compliance, construction industry employees will miss out on valuable work hours, while many employers may choose not to bid projects for fear of not being able to supply the appropriate work force to complete the project on time. 

It is anticipated the industry will have a significant increase in building and infrastructure work over the next 5-7 years, in particular upstate New York.  This construction work is expected to last for many years, but to bid on and secure these projects will require that all associated with the employer meet the OSHA, New York State and/or project owner rules for mandated vaccination or weekly testing. To ignore these rules means losing out on the billions of dollars in future projects and job opportunities.  Additionally, ignoring such requirements exposes construction contractors to increased pressure to supply skilled labor to their projects, thus potentially jeopardizing the long-term viability of an employer.

While respecting personal opinions of whether or not vaccines should be mandated as a condition of employment, one being vaccinated addresses a government identified safety issue for employees and their coworkers while not limiting potential employment opportunities.  And, equally as important, not causing undue pressure on employers who may not be able to supply enough skilled labor during an historic labor shortage era.

This is the new reality during the COVID-19 pandemic – governmental and project owner mandates on employers and employees, all while employers endure a labor shortage and supply chain crisis.  The industry cannot afford to lose any more employees from the workforce for any reason.  Contractors rely upon a skilled and available work force.  Each employee leaving the construction workforce poses great risks to contractors and project owners alike. 

In the end, the COVID-19 vaccine will be the antidote that will attack a pandemic which has limited our freedoms and may threaten our future.   Regardless of where one’s position is on vaccine mandates, personal freedoms, freedom of choice, etc., construction industry leaders must address this issue as an unvaccinated workforce impacts more than just the unvaccinated employee.  It impacts others on the job site and the very contractors who employ them. 

During an unprecedented era of significant labor shortages and supply chain disruptions in the construction industry, employers today cannot afford to lose employees from their workforce.  The project owners and governmental mandates may get more demanding over the next few months before such may be relaxed in 2022.  While learning to live with COVID-19 in our day to day lives will someday be the new norm, it is evident project owners and government officials today are not ready to address this.

Contractual Risk Transfer Essentials

Posted on by admin

In addressing contractual risk transfer when hiring sub-contractors to work on your behalf in New York State, there are some key components to be aware of. We will work through those key points here.

While working through your individual contracts, several areas of the agreements should be evaluated, including but not limited to:

  • Parties to the agreement
  • Scope of work being provided (including a detailed description) when hiring a sub-contractor
  • Hold harmless, defense and indemnification requirements within the agreement
  • Insurance requirements of the agreement
  • For construction situations: a safety statement/requirement of the sub-contractor within the agreement

The hold harmless/indemnification requirements of the agreements also need to be reviewed to determine if they appear to be worded properly for the state where the work/service is going to be preformed. This is even more important in New York State, where NY Labor Laws impact construction projects. NY Labor Laws 240 and 241 impose duties on the “Property Owner” for safety issues on their jobsite that they do not control on a day-to-day basis. This is something that should be reviewed by your risk management and legal experts.

Insurance Requirements are another critical item and our focal point at OneGroup. We’ve found in many cases that both attorneys and architects are not comfortable detailing insurance requirements in agreements. Many may use wording that was used 10 to 20 years ago. Some also use wording from standard AIA contracts for insurance that can be vague, lack detail and is sometimes confusing. Paying close attention to the proper and applicable coverage form numbers is critical.

Reviewing these insurance requirements to make sure they are comprehensive and that they best protect the organization implementing the contract is very important. Internally, we make sure details like limits and key coverage areas are spelled out by line of business so that the coverage is triggered to protect the proper party. In some cases, the actual policy conditions or endorsements will only provide coverage if it requested in a written agreement executed prior to a loss.

Additional insured status for the proper party is an example of this. It needs to be requested on a “primary and non-contributing” basis because many carriers have wording on their policies stating that coverage for the additional insured will be on an “excess” basis, unless a written agreement executed prior to the loss requires that the coverage be on a primary or non-contributing basis. (“Excess” – meaning the party implementing the contract as the additional insured would have to exhaust their own policy limits before their sub-contractor’s/vendor’s policy would come into play)

Most situations will require:

  • Workers’ compensation and employers’ liability
  • Disability benefits (DBL)
  • General liability
  • Automobile liability
  • Umbrella liability (limits of liability in line with the hazard level of the service being provided)

List of “optional” special insurance policies that may be needed based on the scope of work and services being provided: 

  • Professional liability (engineering or architectural services typically)
  • Cyber liability (IT services)
  • Pollution/Environmental liability
  • Riggers’ liability
  • Builders’ risk or installation floater – property coverage where something is being built or installed for the property owner.
  • Owners’ and Contractors’ Protective policy (OCP policy) based on the type of construction project and exposure presented to the property owner as the owner for the project being undertaken.

December 2021 Newsletter

Posted on by admin

Keeping Care Local: Michael Harlovic, President, CEO, Oswego Health

“Careers are the intersection of time, place, and opportunity,” says Oswego Health President and CEO, Michael Harlovic. “It’s been a fantastic decision coming to Oswego.” A Pittsburgh native, Harlovic received a Bachelor of Nursing in 1985 and a Masters of Psychiatric Nursing in 1989 from the University of Pittsburgh. Read more HERE.

Donna Tupper - Headshot

Self-Made Woman: Tupper Urges Younger Job-Seekers to Consider Building Trades

Donna Tupper got her start in the building trades by cleaning and patching up vacant properties for realtors. As clients requested more of her, she made it her mission to learn more, becoming a property manager and eventually hiring other women to work with her. Thirty-eight years later, she is president and sole owner of Infinity Northeast, Inc., a New York state and Tennessee Certified Woman-Owned Business, and she can be selective in the projects she will undertake. Read more HERE.

The Future is Now at Upstate University Hospital

Academic medical centers are paving the way to a new tomorrow by changing how health care is delivered. Among its innovations, Upstate University Hospital is using advanced technologies such as AI, robotics and drones to serve as workforce multipliers, and expanded telehealth platforms to improve access to patient care. Read more HERE.

Right Price Companies/RPC Technology: Role Models for their Community in the Heart of Syracuse

Darin and Paris Price are looking to create a legacy. The Syracuse couple, who owns Right Price Companies and RPC Technology, hope to hand their business down to their children someday. “We want Right Price to be in existence well after we’re gone,” Darin said. “We want it to be a company that is a pillar in Upstate New York for years to come.” Read more HERE.

CNY Publications are specialists in Custom Publishing and Content Marketing. This newsletter features randomly selected content from our magazines. For more information, contact Michael T. Brigandi at 315.415.9364, email Mike@cnypublications.com; or Richard K. Keene at 315.446.8331, email RKeene@MDNews.com. Find more at www.cnypublications.com.

Self-made Woman; Tupper Urges Younger Job-Seekers to Consider Building Trades

Posted on by admin

By: Martha Conway

Donna Tupper - Headshot

Donna Tupper got her start in the building trades by cleaning and patching up vacant properties for realtors. As clients requested more of her, she made it her mission to learn more, becoming a property manager and eventually hiring other women to work with her.

Thirty-eight years later, she is president and sole owner of Infinity Northeast, Inc., a New York state and Tennessee Certified Woman-Owned Business, and she can be selective in the projects she will undertake. The business is headquartered in Syracuse, with satellite offices on Murfreesboro, Tenn., Naples, Fla., and Orlando, Fla.

Tupper’s eldest daughter, Director of Project Management Jessica T. Graham, has headed up projects throughout the US for her for several years now. Graham brought to the job an education in law, a real estate license and experience working for the state of Tennessee. Middle daughter Stephanie K. Baker serves as director of human resources and union benefits; she is educated in mental health but also left her career to work with her mother.

Tupper is a member of the Syracuse Builders Exchange and a signatory to Northeast Regional Council of Carpenters Local 277 and says she has a very loyal client base that wants the meticulous attention to detail that Infinity Northeast provides.

“We all have our own special gifts,” Tupper said. “My field people are spectacular handling projects at the site, and they don’t care they are working for a woman-owned business.”

Labor: The Next Generation

Tupper said she has a core group of foremen, superintendents, field workers and administrative staff; however, the field is growing, and seasoned professionals are aging out of construction. The time is ripe for getting younger generations interested, recruited and trained to work in the building trades

“Kids don’t know that construction opportunities really exist,” she said. “It’s as strong as the medical industry. The demand for medical facilities and housing isn’t going to diminish, regardless of politics.”

Locally, trades are primarily taught at Board of Continuing Education Services locations. Vocational-technical/trade schools teach hands-on skills for specific careers, such as welding, auto mechanics, plumbing and carpentry, among others.

Among the benefits of a trade school education are the reduced time it takes to graduate, more affordable tuition costs, smaller class sizes, hands-on training and job placement services.

“I go to various events, trying to promote the opportunities that exist in construction,” Tupper said. “I’ve led classes of women within the union and am closely involved with the New England Regional Council of Carpenters, Girls’ World Expo and the Small Business Administration’s Women in Construction.”

Girls’ World Expo is a 21-year-old national program that aims to connect girls to resources and partners in their communities to help them realize their potential. For people who don’t know where to start, the union is a great resource to become familiar with.”

Tupper said not all kids want to or are suited to attending college, and many schools have eliminated shop classes for staffing or budgetary reasons.

“This is a great field that can put you right to work after high school with on-the-job opportunities and boots-on-the-ground experience,” Tupper said. “Be dependable, conscientious and open-minded, and those opportunities could be endless. Good employers know their workers can make or break their companies, and they like to reward them with more responsible – and financially rewarding – positions in the ranks.

“They don’t want to lose any good employees. For instance, if we profit over projections, everyone profits. My team shares in that money because I want to reward the people who made it possible. I have seriously loyal people who are so much more than employees, and they all make above union rates. If we’re not a team, we can’t do the work we do.”

Tupper said she didn’t want people to think there is space only for the very young.

“Older adults have opportunities, too, and with so many people having lost their jobs during the COVID shutdown last year, it’s a good time to look around and see what else is out there,” she said, explaining that most of her crew is over 40. “Maybe they had a lot of time to think about new goals while they were in lockdown and don’t want to go back to minimum- or low-paying jobs. Now is the time to explore this field.”

“For those who find themselves unemployed during this difficult time, if you put in a little hard work, you’ll be financially stable with a solid career,” she said. “Have no fear and take a chance in construction.”

Opportunities for women and minorities

And construction is one field where opportunities exist for diverse populations due to hiring requirements required of project owners, especially in public projects. In addition, there will be an enormous demand for more women- and minority-owned outfits due to government mandates for those public projects.

It’s vital to Tupper that the employees and subcontractors of Infinity Northeast are members of trade unions, such as the Carpenters Local 277. For that reason, if she were to take on an apprentice, he or she would need to join the union.

“I would have no problem having them learn in-house,” she said, adding that in-house trade work includes architecturals, mill work and finish carpentry.

Tupper hires subcontractors for other tradework when contracted as a general contractor.

“I love my industry and I have huge passion for it. I don’t want to market my company,” she said. “I want to market my story so maybe other people – especially younger generations – will consider getting into the business.”

She said if people work hard, stay focused and find something they enjoy, it’s not like work.

“The money will just come.”

The projects she loves

Infinity Northeast is well-positioned and well-experienced to complete public works projects. Among credentials in municipal works are projects completed for myriad SUNY locations, the military, Nine Mile Nuclear Power Plant, medical facilities, pharmacies, malls, hotels, motels, schools and more.

“I have discovered I like working on casinos, high-end hotels and military barracks,” Tupper said. “I am able to tackle these jobs because unions can provide the labor. It’s very important to me that my employees and subcontractors are members of trade unions, such as the Carpenters Local 277. If I were to take on an apprentice, he or she would need to join the union – I have no problem having them learn in-house.”

In-house trade work includes architecturals, millwork and finish carpentry; she hires subcontractors for other tradework when serving as general contractor.

COVID-related costing

People have had sticker shock in the post-shutdown world. COVID-19 has created shortages of staff to manufacture and bring products to market, and nowhere is this more evident than in construction.

Lumber, steel and other building materials have seen incredible cost hikes – in some cases as much as tripling in price – but that has not discouraged project owners who have to get the work done.

“Construction has been large COVID-19-proof, and we pride ourselves on our ability to schedule and stick to that schedule,” Tupper said.

One challenge of scheduling is whether the materials to complete the project will be available when promised at the price quoted, something that needs to be known before being able to build those air-tight schedules. Tupper has learned a lot about managing schedules and has groomed a team of problem-solvers to handle any impacts that might keep the project from moving forward.

“But you never cheap out on a job or cut corners,” she said, “because pretty soon the projects won’t be lining up for you. It’s better to reduce your profit a little than to compromise your integrity.”

Defining success

Tupper’s definition of success is when the Infinity team completes a project and hears the compliments on it, especially complimenting the ethics with which the project was handled, as well as the final project aesthetics.

“We’re one of the few companies that leaves a site without a punchlist,” she said. “My team is trained to never leave a site without a detailed punchlist, so we don’t have to go back.”

Tupper wasn’t worried about the challenges of 2020 – she was confident she could keep people busy, and she did.

“We’re moving into development, and that takes some planning,” Tupper said of property she is developing into self-contained communities in North Carolina and Florida, and medical facilities throughout the USA.

These residential communities will include residences with a focus on retirees who don’t want to do their own property upkeep anymore and that will be more mobility-impaired friendly.

“There are a lot of singles and couples who don’t want to take care of their properties anymore or climb stairs,” she said. “I want to help people really enjoy the last 10 to 20 years of their lives.”

She also is looking at what her target communities are lacking; for instance, Tupper said Naples, Fla., is sorely lacking in physical therapy facilities.

The development work is planned to support her own retirement down the road, while her daughters steer the legacy she’s built.

For more information, visit infne.com/.

HSE Consulting Services, LLC; Providing Quality, Integrity and Value for 25 Years

Posted on by admin

By Sarah Hall

When Brian King started HSE Consulting Services, LLC, in 1997, he ran the one-man operation from his house.

It’s a little bigger now.

With two locations and more than a dozen employees, HSE Consulting will celebrate its 25th anniversary in 2022.  HSE’s team helps clients with safety compliance and training, hazardous material exposure assessments, asbestos, lead based paint, mold, environmental assessments and indoor air quality.

King says launching the company was “one of the best decisions I ever made.”

In 1996, after gaining experience in the asbestos and environmental consulting industries, King was working for an engineering company providing industrial hygiene services and stack testing required by the Clean Air Act Amendment when the company decided they no longer wanted to provide stack testing. King had a choice: he could strike out on his own with the $45,000 of work he already had contracted, as well as testing equipment and a company van offered by the engineering company, or he could take the position of Corporate Health And Safety Director he was offered at another company.

“At the time, my wife and I had just finished building a new home, and to top it off she had recently given birth to our youngest son,” King said. “It was an interesting decision. But I had confidence in my ability, and I had always wanted to be my own boss, so I took the engineering company up on its offer and formed HSE in early 1997.”

For several years King, an American Board of Industrial Hygiene Certified Industrial Hygienist, performed stack testing for industrial clients while adding industrial hygiene projects, including a survey for the Air National Guard in Niagara Falls, NY, preparing site specific health and safety plans and conducting training. When mold became recognized as an indoor air quality issue, King’s knowledge and experience as a CIH proved to be very helpful on large loss projects including the John C. Stennis Space Center in Mississippi after Hurricane Rita/Katrina. HSE also worked on one of the country’s first major mold remediation projects.

“Water damage resulting from ice dams affected approximately 900 units out of 1,500 in about five different complexes in the suburbs surrounding Detroit,” King said. “Working with the insurance adjuster and the property owner we assessed the damage, developed a remediation plan and provided contractor oversight during the project to ensure the work was done properly.”

Now HSE’s clients include residential and commercial customers in both the public and private sector, from schools, municipalities and government agencies to industrial and manufacturing facilities and environmental remediation firms. The company also rents out health and safety equipment for confined spaces and community air monitoring, noise and vibration, among other things.

“We’re very diversified, so we fill a lot of niches,” King said. “One of the more interesting services we provide is asbestos consulting—building surveys, project monitoring, etc.—and laboratory analysis of asbestos and mold samples.”

 

HSE is the only laboratory in Central New York with a transmission electron microscope (TEM). This piece of machinery allows technicians to analyze materials with the smallest asbestos fibers.

“[Those fibers] really are the most dangerous from a health perspective, because they can penetrate deep into the lungs where they can’t be eliminated,” King said.

 

King said the TEM can see particles at the molecular level, which no other microscope can do. In New York State, some samples—non-friable organically bound (NOB) materials—require TEM analysis.

“We decided to purchase this very expensive tool and do extensive renovations to our facility to accommodate the TEM because in the end we felt that our clients deserved the sophisticated analysis with the convenience of a local dedicated supplier,” King said.

Gene Cochran, Corporate Sales and Marketing Manager for HSE, said the TEM is just one of the things that sets HSE apart from its competitors.

“HSE has tremendous value in all we offer our clients,” Cochran said. “From analytical in our laboratories, to working with different manufacturers and industrial facilities in keeping their workplace safe and compliant with New York State and OSHA standards, and the training programs we offer can assist literally any businesses.”

In order to continue to serve its client base, HSE has expanded, moving into a 4,000-square-foot building in Cicero in 2011. The firm also opened a satellite office in Endwell five years ago. And according to Vice President of Operations Dan Hoosock, they hope to open additional satellite offices throughout New York state.

“We are always looking to expand our offerings to include services that are complimentary to those that we currently provide, and that benefits our clients in improving the health and safety of their workforces or the protection of the environment,” Hoosock said.

King said expansion is contingent on maintaining the same level of service.

“We would only do this if we can maintain the quality and integrity and value to our clients that we have now,” he said. “While we appreciate every opportunity we won’t take on a project unless we think that HSE is the right choice and that we can accomplish the client’s objectives.”

HSE is able to provide such a high level of service because of its employees.

“This is a very educated group of individuals with extensive experience and knowledge in their respective pieces of the business,” Cochran said.

King agreed.

“All of the people we’ve hired have helped grow HSE in one way or another,” King said. “However, a couple deserve special mention: my wife, Tina, eventually came on board full time and is now the CFO, and Dan Hoosock, HSE’s Vice President – Operations is an excellent manager and trusted executive. I seek their counsel for just about every major decision HSE makes. And we would not be the company we are without Doug Gee, our laboratory manager, who is without a doubt the most accomplished laboratory manager in the area.”  

Indeed, King strives to be at the top of the environmental, health and safety game.

“I’m a competitor, so I love the competition to be the best and the work that this requires,” he said. “To be the most knowledgeable so as to advise your clients appropriately, you have to constantly study the subjects upon which they request your assistance. To attract the best talent, you have to work on the business to make sure you’re doing everything you can to be the employer of choice among your competitors. To give your clients the best value, you have to work on your pricing to ensure that the company makes an adequate profit while still being competitive—our clients know how hard we work for them to get the results they need. We compete internally to continually improve ourselves, our processes, our service and ultimately our client’s satisfaction.”