It’s been quite some time since I’ve regaled you with song lyrics. If you’ll be so kind as to indulge me here, I’ll share this little ditty from Foreigner, of which the recent National Asphalt Pavement Association (NAPA) midyear meeting vibe reminded me:

Gotta work, make it urgent, urgent, urgent…
Want it quick, make it urgent, urgent, emergency
Urgent, urgent, emergency

It’s not Pulitzer material, is it? But the sense of urgency was palpable at the meeting July 19-21 in Nashville to the point I was hearing that refrain in my brain.

• Companies are trying to complete mergers and acquisitions as quickly as possible.
• Companies are ordering multiples of parts and components to ensure they have items on the shelf for emergency repairs when supplies run out in the marketplace and back-ordering equipment that OEMs are hustling to deliver before end-of-season.
• Companies are trying to find able-bodied workers to facilitate bidding on and completing projects before a trust fund goes dry.
• Companies are trying to fast-track permits and build new plants before regulations change. Again.
• Companies are beating down the doors of representatives to impart the message of transportation needs and the definition of infrastructure before Congress loses interest. Again.
• On a personal note, I’ve received emails asking me to place articles in issues of magazines that are already in the mail. Earlier in July, I’d given a workshop to a group where a truck driver asked for tips on how to decompress or distract himself from the unending stress of the job.

You might ask what’s going on out there to cause such urgency among your peers. I have my theories, which border on political discussions we don’t need to get into here. I’ll tell you this: the asphalt industry has a lot of work to take care of now and into future construction seasons. Will it remain as “easy” to bid on projects in 2022 as it was in 2021? Doubtful. That doesn’t mean anyone is giving up the industry to alternate pavement choices that are ridiculously carbon heavy.

Instead, I want to encourage our industry to take a note from Winston Churchill: Keep calm and carry on.

If you’re feeling bombarded from many sides, take a breath. Hold a meeting. Make a phone call to someone who understands your business. Then hop back in the saddle, asphalt cowboy (or cowgirl). We’ve got a lot of work to do, whether the companies down the road a pace just merged or not.

While it’s wise to keep an eye on what competitors in your marketplace are up to, it’s also wise to keep your focus on your own business. You do you. Keep training. Keep working hard. Keep recruiting fresh blood to the workforce. Keep spreading the message of asphalt’s good environmental stewardship and perpetual pavement strength. Keep calm and pave on.

Stay Safe,

Sandy Lender

Government agencies and many corporations will see the end of their fiscal year about a month from now—Sept. 30.

If you’re one of the entities or companies with uncommitted funds that need to be used before the end of the fiscal year, let me suggest an evergreen online training course that you purchase once and have access to forever. We developed the back-to-basics Asphalt Paving 101 with industry paving consultant John Ball so you can train each new employee you bring into your agency or company without having to re-invent the wheel or re-purchase training materials.

Write off training expenses in 2021 with the one-time purchase of Asphalt Paving 101 but use the course for the life of your company as often as you need it. Check it out here.

O&G Industries (O&G) recently held its 7^th annual retiree picnic in Waterbury, CT.  The event was attended by 190 – combining for over 2,800 years of service.

Just two years shy of the companies 100^th anniversary, the picnic was highlighted by retiree Tony Damiano with retired with 55 years of service – the longest single employee tenure.  Gene and Tracy McKeon combined for 80 years of service – a best for a husband and wife.  Joe Martins, who recently turned 101 years old, stands as the oldest living retiree and was in attendance.

The 8^th annual picnic is planned for the summer of 2022.

O&G Industries is a nearly 100-year-old construction firm that has consistently ranked among the Top 400 Construction Firms in the United States by Engineering News Record (ENR) magazine. O&G is known for its high-profile road and bridge construction projects; materials division that supplies asphalt, concrete and aggregates to projects throughout the region; building construction services for commercial projects throughout the Northeast; and masonry products line of business that operates eight retail locations in Connecticut.

John Deere has announced an agreement with Hitachi Construction Machinery to end the Deere-Hitachi joint venture manufacturing and marketing agreements. John Deere and Hitachi will enter into new license and supply agreements, which will enable John Deere to continue to source, manufacture, and distribute the current lineup of Deere-branded excavators in the Americas.

As a result of the new agreements, the following changes will go into effect on Feb. 28, 2022, contingent upon regulatory approval.

• John Deere will acquire the Deere-Hitachi joint-venture factories in Kernersville, NC; Indaiatuba, Brazil; and Langley, British Columbia, Canada.
• John Deere will continue to manufacture Deere-branded construction and forestry excavators currently produced at the three Deere-Hitachi factories. These locations will discontinue production of Hitachi-branded excavators. John Deere will continue to offer a full portfolio of excavators through a supply agreement with Hitachi.
• John Deere’s marketing arrangement for Hitachi-branded construction excavators and mining equipment in the Americas will end; Hitachi will assume distribution and support for these products.

“For many years, John Deere and Hitachi enjoyed a mutually successful partnership in the Americas,” said John Stone, president, John Deere Construction & Forestry Division and Power Systems. “As we turn the page to a new chapter of Deere-designed excavators, we remain committed to supporting our customers of today and tomorrow.”

“Looking to the future, John Deere will build on our legacy of quality and productivity and accelerate development of industry-leading technology and machinery that answers the fundamental need for smarter, safer, and more sustainable construction so our customers can shape tomorrow’s world,” Stone continued.

John Deere and Hitachi began a supply relationship in the early 1960s; then in 1988 the companies started the Deere-Hitachi manufacturing joint venture to produce excavators in Kernersville, NC. In 1998, Deere-Hitachi expanded the relationship to include the production of forestry swing machines at Deere-Hitachi Specialty Products in Langley, BC. In 2001, John Deere and Hitachi combined their marketing and distribution efforts in the Americas. In 2011, excavator manufacturing was expanded with the addition of the Deere-Hitachi Brazil factory in Indaiatuba, Brazil.

The agreement is subject to the receipt of certain required regulatory approvals as well as certain other customary closing conditions.

Individuals quoting original guidance issued by the Occupational Safety and Health Administration (OSHA) April 20, 2021, concerning the general recording criteria regarding COVID-19 vaccination requirements may not be offering complete information to employers.

If you’re concerned about whether you can—or should—require your workers to be vaccinated against COVID-19 as a condition of employment, you would be well served to review OSHA’s revised guidance issued a month later. The guidance issued May 22, 2021, postponed the recording requirement until May 2022 (at the earliest). From the Department of Labor (DOL) OSHA website:

“Note on recording adverse reactions to vaccines: DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not want to give any suggestion of discouraging workers from receiving COVID-19 vaccination or to disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. OSHA will reevaluate the agency’s position at that time to determine the best course of action moving forward. Individuals may choose to submit adverse reactions to the federal Vaccine Adverse Event Reporting System.”

Both OSHA and the Equal Employment Opportunity Commission (EEOC) have offered guidance to assist employers in encouraging vaccinations among the workforce without removing personal choice, trampling on religious rights or endangering workers who have contraindications precluding them from receiving the vaccine under Title VII, or putting employers in the hot seat.

Richard L. Hackman, Esq., prepared a thorough blog on the Saxton & Stump® site June 14.

If the reversing of courses by Centers for Disease Control and Prevention (CDC), DOL, OSHA and other entities of authority makes you dizzy, you’re not alone. From reading current guidance, it appears any employer mandating vaccination as a condition of employment, may, at some point after May 2022, be required to record adverse reactions under 29 CFR 1904.6 if it meets one or more of the general recording criteria in 29 CFR 1904.7.

If you’re in doubt, get professional legal advice to make sure you’re safeguarding your employees in the best way possible.

The U.S. Department of Labor encourages the nation’s employers to commit to workplace safety and health and join its Occupational Safety and Health Administration in observing Safe + Sound Week, Aug. 9-15, 2021.

A nationwide event that recognizes the successes of workplace safety and health programs, Safe + Sound Week also offers information and ideas on how to keep America’s workers safe.

“Each year, millions of workers suffer job-related injuries or illnesses, and thousands die in work-related incidents. These incidents hurt workers and their families, and harm businesses as well,” said Acting Assistant Secretary of Labor for Occupational Safety and Health James Frederick. “Most importantly, effective safety and health programs save lives and prevent injuries. They also help businesses improve safety and health compliance and avoid the many costs associated with workplace safety and health incidents.”

In 2020, more than 3,400 businesses helped raise awareness about workers’ safety and health. Successful safety and health programs can identify and manage workplace hazards before they cause injury or illness, and can increase worker satisfaction, improve productivity and reduce costs associated with workplace injuries.

Participating in Safe + Sound Week is simple. Organizations of any size or in any industry looking for an opportunity to show their commitment to safety can participate. Visit the Safe + Sound website for more information, resources and tools to help plan and promote safety events.