COVID-19 Guidance for Returning to Work? P18 PAID PRSRT STD U.S

NY Connection

Official Magazine for the New York State PHCC Fall 2020

COVID-19 Guidance for Returning to Work? p18 PAID PRSRT STD U.S. POSTAGE PERMIT NO. 533 HARRISBURG PA

Who is in Charge? p16 All the Drama Movies Aren’t on Netflx p20 NY-PHCC SAVE YOURSELF EFFORT. SAVE YOUR CUSTOMERS MONEY.

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1Information on tax credit accurate at time of publishing; consult your tax advisor for details on eligibility requirements for tax credits or go to rheem.com/federal-tax-credit. 2Based on comparison of the 50-gallon Hybrid Electric model against the estimated annual operating cost of a standard electric water heater of like capacity manufactured prior to 2015 under NAECA II which is likely being replaced. Savings varies per gallon capacity. 3Leak detection and leak protection built in for ProTerra Hybrid with LeakGuard only. 2020 Executive Committee SAVE YOURSELF EFFORT. President Ryan Truncali Contents Lakeville Place Mechanical, Inc. Fall 2020 • Volume 16 Number 3 SAVE YOUR CUSTOMERS MONEY. 215 W. Hoffman Ave., Suite 1 Lindenhurst, NY 11757 Tele: 631-226-8100 Fax: 631-226-7232 President’s Message...... 4

First Vice-President Feeling More Fatigued Lately...... 6 Chris Tryjankowski PCS Heating & Plumbing Local Chapter Report...... 9 1 Carter St. Buffalo, NY 14220 NYSPHCC Legislative Update...... 10 Tele: 716-822-4302 Fax: 716-893-9657 Email: [email protected] OSHA Relies on Existing Regulations for Workplace...... 13 Easy-to-use Controls Virus Prevention Introducing the Rheem® Second Vice-President ProTerra™ Hybrid Ronald Doughty Condensate Connection How to Advise Customers...... 14 Electric Water Heater Williston Plumbing 201 Hillside Avenue Who is in Charge?...... 16 Williston Park, NY 11596 • Easy Installation Tele: 516-746-3353 COVID-19 Guidance for Returning to Work?...... 18 0" Clearance Requirement Email: [email protected] Qualifies for All the Drama Movies Aren’t on Netflix...... 20 • Easy Service Secretary All service components $ Steve Reddy PHCCCONNECT2020 Goes Virtual to Provide a...... 22 Niagara Plumbing & Mechanical on the front of the unit 300 Dynamic, Interactive Online Experience Federal 15 Hazelwood Drive, Suite 108 Tax Credit1 Amherst, NY 14228 • Most Efficient Tele: 716-957 3904 Up to 4.0 UEF Email: [email protected]

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Less than 49dBa LeakGuard™ Auto Immediate Past President Water Shut-off Valve3 Joseph Marchitte M.K.S. Plumbing Corp. Rheem.com/HybridSolutions 19 Ransier Drive Long-lasting West Seneca, NY 14224 Brass Drain Valve Tele: 716-675-5771 Fax: 716-675-4957 Built-in 360° Leak Email: [email protected] Detection Cable3 page 18 Executive Director Dorothy Reddy PO Box 23 PUBLISHED BY: Alexis Kierce, Publications Manager N. Tonawanda, NY 14120 717-238-5751 x119 Tele: 716-957-3387 [email protected] Email: [email protected] For Advertising Information: Jen Smith, Account Manager 717-238-5751 x124 1Information on tax credit accurate at time of publishing; consult your tax advisor for details on eligibility requirements for tax credits or go to rheem.com/federal-tax-credit. 2Based on comparison of the 50-gallon [email protected] Hybrid Electric model against the estimated annual operating cost of a standard electric water heater of like capacity manufactured prior to 2015 under NAECA II which is likely being replaced. Savings varies per gallon capacity. 3Leak detection and leak protection built in for ProTerra Hybrid with LeakGuard only. Fall 2020 • 3 President’s Message By Ryan Truncali Know What’s

n my last message, the Happening Inside Your Icoronavirus had just started Sump Pit, Whether impacting our personal and professional lives. We all The new worked diligently to stop the spread and flatten the curve, which we achieved with hard work. Since then, Home or Away our state has reopened in phases and construction Ion+® Connect has slowly resumed. Now we are dealing with new challenges in construction. Some of these Sump Pump Alarm System challenges are being COVID site specific, safety plans are required on many projects, trouble getting your work force back to work (especially with the extra unemployment benefits). Delays in material, fixtures, and equipment Patents pending, Patent No. 8,591,198, 9,033,686 and 9,680,401 due to shipping delays and short-staffed factories around the country. As always, the New York State PHCC is here to assist and navigate through these difficult times. Please do not hesitate to reach out to us. Be well and stay safe.

New York State Local Associations • 4G Cellular or WiFi 1. PHCC of Long Island 4. Plumbers Contractors Get in touch with Mr. John DeLillo Association of New York City • Status updates & setting adjustments 123 South Street Mr. Terence O’Brien other contractors via a dedicated app Oyster Bay, NY 11771 44 West 28th Street Tele: 516-922-7688 New York, NY 10001 and suppliers in your • Monitors: Fax: 516-922-1414 Tele: 212-481-4580 • Sump pump status [email protected] Fax: 212-481-7185 area through these 2. Associated PHCC of [email protected] local chapters. • Sump pit water level Rochester New York 5. Plumbing Contractors Mr. Joseph Tumia Association of Long Island • Basement temperature Tumia Plumbing Co, Inc. Mr. Richard Schaffer, • Notifications via voice, push 437 Ridge Road Executive Secretary Rochester, NY 14580 816 Deer Park Avenue notifications, and email Tele: 585-671-6410 6 North Babylon, NY 11703 2 • Integration with Amazon Fax: 585-671-1208 Tele: 631-422-2900 3 Alexa-enabled smart speakers 3. WNY Association of Plumbing Fax: 631-422-0987 & Mechanical Contractors [email protected] • Automatic simplex or duplex operation Mr. James C. Logan, 6. PHCC of Western New York Executive Director Mr. Stephen Reddy • Multi-user privilege settings perfect 1 Monitor and control your sump pump through 2660 William Street PHCC of Western New York 4 a dedicated app and/or webpage. for property managers & plumbers Cheektowaga, NY 14227 PO Box 23 Tele: 716-875-4626 N. Tonawanda, NY 14120 5 Fax: 716-875-4412 716-957-3387 [email protected] [email protected] Questions? We’re here for you. 815-886-9200 • ionproducts.net/gen2

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Questions? We’re here for you. 815-886-9200 • ionproducts.net/gen2 Feeling

More Fatigued

Lately

By Michael Copp, PHCC Executive Vice President

do not know about you, but I • Tension (e.g., headaches, jaw clenching, teeth feel more bushed by the end grinding) Iof the day than I did before the • Body pain (e.g., headaches, muscle spasms) pandemic forced a lot of us to telework from home. I maintain • Reduced energy (e.g., tiredness, weakness, fatigue) that this feeling of exhaustion • Sleeping problems (e.g., insomnia, nightmares)” comes from stress that is induced in part from feeling a general lack Working remotely of control. In an article published The Center for Leadership and Organizational Change by Psychology Today, its authors list common symptoms at the University of Maryland observes that “We are not of stress: (Retrieved from the World Wide Web on July 13, working from home. We are at home, during a crisis, 2020). trying to get some work done.” (Retrieved from the • “Sadness, confusion, irritability, anger, uneasiness, World Wide Web on July 9, 2020). Liz Fosslien and Mollie and suicidal thoughts West Duffy (2020) wrote in their article, How to Combat • Reduced concentration, efficiency, and productivity Zoom Fatigue, that “force us to focus more intently on conversations in order to absorb information.” • Social withdrawal and isolation (Retrieved from the World Wide Web on July 9, 2020). They • Interpersonal problems (e.g., lies, defensiveness, suggest that “Zoom fatigue stems from how we process communication concerns) information over video. On a video call the only way to

6 • NY Connection show we’re paying attention is to look at the camera … • Switch to phone calls or email — if it’s a practical having to engage in a ‘constant gaze’ [which] makes us alternative, it’s likely that others might appreciate the uncomfortable — and tired.” break from video conferencing, too. The feeling of exhaustion is exacerbated by fighting • For external calls, avoid defaulting to video — “… a the urge to read email, text a co-worker, friend or video call is fairly intimate and can even feel invasive family member, and mitigate interruptions caused by in some situations” — especially amongst clients and pets, children, partners and/or parents during a video others you do not know well. conference. Fosslien and Duffy (2020) shared several Other causes of mental and physical fatigue include helpful tips that can reduce this weariness: working longer hours, poor posture while sitting still • Avoid multitasking — “switching between tasks can for longer periods of time, lack of exercise, and feeling cost you as much as 40 percent of your productive lethargic. Given the additional fear, anxiety, and stress time.” associated with COVID-19, I sheepishly admit that at • Build in breaks — “consider making meetings 25 or 50 times I feel disassociated from everything and everyone. minutes … to give yourself enough time in between” So, for those of you working remotely — while you might for a quick break. find entertaining ways to get through yet another video conference — like messing with a video add-on or a • Reduce onscreen stimuli — The Starship Enterprise virtual meeting background that you suddenly can’t turn background may be cool, but it’s a lot of visual off, — you are not the only one feeling more exhausted stimuli to process. Consider opting for simple virtual these days trying to get work done from home. We need backgrounds. to remember that we still have other tried and true • Make virtual social events opt-in — “… [the host] means of communicating with each other and that video makes it explicit that people are welcome, but not conferencing is not a panacea for feeling more connected obligated, to join.” and more productive in every interaction.

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Fall 2020 • 7 And for goodness sake, stand up, turn up the radio, and “As information on COVID-19 continues to develop, bust a move like no one is watching — uhm … after your it is important to stay updated with information from video conference is over because frankly, no one can reputable sources such as this prevention guide: unsee that. https://www.who.int/emergencies/diseases/novel- coronavirus-2019/advice-for-public, and this myth Working in the field busting list from The World Health Organization: https://www.who.int/emergencies/diseases/novel- These are also very stressful times for contractors and coronavirus-2019/advice-for-public/myth-busters.” The their employees out in the field providing essential Psychology Today article suggests several steps one can services. According to a recent PHCC Contractors take to mitigate these stressors to include knowing your Sentiment Survey in 2020, their work lives have changed limits such as “limit[ing] your consumption of news,” quite a bit: taking care of yourself and “eating nutritious foods, • The pandemic has impacted their everyday life staying active, and getting adequate rest,” and learning emotionally and socially. They are juggling issues like coping mechanisms like playing with a pet, calling a friend family members that have been laid off, children at or family member, reading a favorite book, and practicing home being home-schooled, fear of income reduction, gratitude as a way to re-frame negative thoughts. It’s been and potential job loss. widely recommended that one communicate often with • Loss of production due to potential exposure to others their supervisors, mentors, or anyone to whom they feel that either tested positive or showed symptoms of comfortable expressing concerns and developing ways to COVID-19. address them quickly. • Business off by 40–50%. Construction shut down in While these stress inducers may be with us for a while, many areas. we can all take comfort in the fact that they will not be here forever. Flexibility, adaptability, patience and • Low call volume — Clients only seeking emergency perseverance are all key, and as many people say: “We’re repairs. all in this together.” • Reduced work hours for the crew in order to keep them on the payroll and avoid layoffs. Sources: • Splitting schedules impacts the daily workload. https://cloc.umd.edu/documents/Combating_Zoom_ Fatigue.pdf • Increase level of safety measures leading to higher than normal tension and stress. https://hbr.org/2020/04/how-to-combat-zoom- fatigue • Jobs will take longer with added safety measures being taken and resulting jobsite https://www.mindful.org/zoom-exhaustion-is- congestion. real-here-are-six-ways-to-find-balance-and-stay- connected/ • Longer wait times when ordering, shipping delays, cost increases and https://www.psychologytoday.com/us/ decreased hours of operation. blog/modern-mentality/202003/coping- Rescheduling due to shipment coronavirus-stress delays. Michael Copp, MA, MIRM, is Executive • Difficulties in finding Vice President of PHCC — National personal protective Association. A respected leader equipment (PPE), cleaning among construction industry trade material, etc. association executives, Copp and • Cannot enter supply his team work to ensure that PHCC houses and must call contractors are the best choice first, then pick up at for professionalism, reliable curb. products and knowledgeable service.

8 Local Chapter Report

PHCC of Long Island By Don Conway, President of PHCC–LI The Plumbing, Heating and Cooling Contractors of Long and their mission to help Long Island families in need Island (PHCC LI) wasted no time in taking action as the during the COVID-19 crisis. Island Harvest Food Bank has COVID-19 pandemic struck the United States and New York been a lifeline for Long Islanders struggling to put food especially. The association supported, and continues to on their tables as a result of the coronavirus pandemic. In support, our members and community in these difficult the first four weeks of this unprecedented public health and uncertain times. emergency, the hunger-relief organization distributed As essential workers, PHCC LI wanted to ensure that all more than 1.2 million pounds of food to people. We are members were as informed as possible on the latest grateful to the members who donated to this food drive rules and regulations regarding workplace safety, as well and allowed PHCC LI to help in such a great way! as business resources. PHCC LI Board Members were To continue in the spirit of giving back, PHCC LI hosted kind enough to volunteer their time to help members a Virtual Trivia Night Fundraiser on July 29th! Twenty as they navigated through these trying times. Many of percent of event proceeds were donated to the Make-A- our associate members shared informative updates and Wish Foundation. The Make-A-Wish Foundation grants valuable online training, which was shared with members life-changing wishes to children with critical illnesses. It and the industry on the PHCC LI website. Whether was a fun night enjoyed by members, their families, and members needed help applying for business loans, colleagues! training employees or any other business related issues, Although we may not be able to meet in person for some PHCC was there to help! time, PHCC LI is excited to continue to support members PHCC LI decided to help our local community by hosting through challenging times like these and help them to a virtual food drive benefiting Island Harvest Food Bank grow and be successful!

New 401K Retirement Program PHCC National has rolled out a new retirement plan program specifically geared to provide its members with a cost-effective and easy way to implement a turnkey 401k plan. By partnering with Lincoln Financial, a nationally recognized leader in retirement planning services, along with trusted experts at Certified Financial Services, they have developed this unique program that leverages the strengths of group participation to provide a cost-effective and easy way for you to implement a turnkey 401K employee program. Our Multiple Employer Aggregation Program is a retirement plan solution that allows you to offer your employees a competitive 401K benefit that can help reduce your fiduciary and administrative responsibilities in the process. More information on this exciting new program to come!

Fall 2020 • 9 NYSPHCC Legislative Update By Nick Barella, Park Strategies, LLC

NEW YORK STATE LEGISLATURE NYS PRIMARY ELECTION UPDATE July Special Session A month after the June 23 primary election, freshly tallied On July 20, state lawmakers returned to Albany for a results from the absentee balloting show that a tide of rare summer session addressing a number of end-of- newcomers will be assuming office in January. On the session tasks like local bills, COVID-19 related bills, and federal side, democrat Jamaal Bowman was declared the confirmation of appointees, essentially closing committee winner by the Associated Press in a protracted primary work for the year with the exception of tackling the state’s contest against incumbent Congressman Eliot Engel for projected $13 billion deficit. This budget shortfall is his Bronx congressional seat. now worse because of a lack of revenue caused by the There were a number of primaries held for state legislative quarantine shutdown and extra spending dealing with the seats particularly against Assembly incumbent Democrats COVID-19 virus. by the progressive left. Overall, there were 41 primary Both the Senate and the Assembly held legislative contests held last week in the state with 25 held in the committee meetings and session with members attending five boroughs. Along with one Assembly primary on Long both in person and via video conferencing from their Island there were also 15 primary contests held in upstate respective homes. There were rumors that the Legislature, New York beginning in the Hudson Valley and spanning to now lead by a majority from New York City, would attempt Western New York and the Southern Tier. to raise revenue by taxing billionaires but that did not The results, centered in New York City races, put a materialize. For now, it appears that the Legislature has number of more left-of-center Democrats into seats in the given up oversight of our state’s budget and allow the party that already controls all branches of government Governor to continue using the emergency powers that in Albany. Assemblyman Joseph Lentol, Brooklyn, who they had given him in last March’s budget. The Legislature was first elected to the Assembly in 1972, on Wednesday did not consider other big revenue raisers like legalizing morning conceded defeat to Brooklyn activist Emily the sale of marijuana or an expansion in the state’s sports Gallagher. Shortly thereafter, Assemblywoman Aravella betting law to allow mobile sports betting. Simotas, a Queens Democrat, gave up in her primary fight Bills that passed included legislation to allow for against housing counselor Zohran Kwame Mamdani. automatic voter registration which would register By evening, Assemblyman Walter Mosley, a Brooklyn people to vote whenever they have contact with various Democrat, conceded his defeat to Phara Souffrant Forrest, government agencies, as well as a bill that places a a nurse, union activist and Democratic Socialist candidate. two-year moratorium on the use of facial recognition Assemblyman Felix Ortiz, first elected in 1994, whose in schools. Legislators took the first step in a lengthy challenger was backed by U.S. Rep. Alexandria Ocasio- attempt to change the state’s constitution rules on Cortez lost his primary as did Assemblymen Michael redistricting, giving first passage to a new amendment Dendekker and Michael Miller from Queens. Some of that would change the way districts are drawn. They also the insurgents won with backing from the Democratic passed a bill that would roll back part of the malpractice Socialists of America. Most, if not all, of the primary wins immunity granted to hospitals, nursing homes and over incumbents occurred in safely Democratic seats, health care workers during the height of the COVID-19 meaning the primary winner is almost assured of winning emergency. a seat in the Legislature in November. On Thursday, July 23, the Senate adjourned at 5:46 PM There were victories for incumbents in Westchester, with and the Assembly adjourned at 12:35PM, ending the rare Assembly Members Steve Otis and Tom Abinanti both July session of the NYS Legislature. They did not set a date declared victory in very close primary contests. Earlier this for a return to Albany, although lawmakers will likely need month, Assembly Members John McDonald of Cohoes and to reconvene at some point this year (possibly August) to Harry Bronson of Rochester were declared winners after all deal with the state’s budget deficit described above. the ballots were counted.

10 • NY Connection Going into January 2021, the Assembly Majority COVID-19 UPDATE Conference will have a total of 19 new members due to All regions in the state have now reached Phase Four. the loses in the primaries, retirements or other reasons: New York City has several exceptions, as Phase Four does Carmen Arroyo, Bronx (removed from primary ballot); not include malls or cultural institutions in the region. Rebecca Seawright, Manhattan (did not qualify for Indoor dining is also still not permitted in New York City. primary); Sean Ryan, Buffalo (running for State Senate); The Governor announced during his latest briefing that Marcos Crespo, Bronx (resigned); Robin Schimminger, he spoke to the MLB Commissioner and offered for the Tonawanda (retired); Michael Blake, Bronx (ran for Toronto Blue Jays to play their home games at Sahlen Field Congress); Tremaine Wright, Brooklyn (ran for State in Buffalo this year. Senate); David Buchwald Westchester (ran for Congress); Tony D’Urso, Nassau (retired); Barbara Lifton (retired); In his July 24 press release “Governor Andrew M. Cuomo Jamie Romeo, Rochester (Appointed Monroe County today announced that the multi-agency task force to Clerk); David Gantt, Rochester (deceased); Michelle Titus combat violations of coronavirus-related regulations at (Elected Civil Court Judge). bars and restaurants conducted nearly 1,100 compliance checks between July 21 and July 23, documenting There were 16 primary elections for New York State violations at 84 establishments. The task force is led by Senate candidacy held throughout the state, with all but State Liquor Authority Chairman Vincent Bradley and one being within the Democratic Party. Nine of the 15 State Police Lieutenant Colonel Dominick Chiumento. democratic primary contests included incumbents seeking Businesses found in violation of COVID-19 regulations reelection — all of which won. In Brooklyn, Jabari Brisport face fines up to $10,000 per violation, while egregious declared victory in the race for the State Senate seat in violations can result in the immediate suspension of a bar Bedford-Stuyvesant, which became an open seat, thanks or restaurant’s liquor license. to the retirement of Velmanette Montgomery. Continued on next page

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Fall 2020 • 11 Legislative Update continued from page 11 This week, the SLA has summarily suspended the liquor items to be completed by the contractor and licenses of ten establishments in New York City and on subcontractor. Within 30 days, the public owner Long Island - including six in the Bronx, Manhattan, and shall submit to the contractor a written list Queens that were announced today.” describing all remaining items required to be completed by the contractor. No later than 7 days, LEGISLATION the contractor shall submit to each subcontractor a There were several bills active that affected the NYSPHCC: written list of all remaining items to be completed by the subcontractor. By establishing a new Bills That Passed Both Houses: comprehensive definition of substantial completion • S7644 Breslin/ A9117 Cusick, payment in construction of public construction projects and reforming contracts: the contract payment process of retainage, needless disputes and delays between owners and  This bill would establish a new comprehensive contractors would be greatly diminished. definition of “substantial completion” for public construction projects under State Finance Law Bills That Passed Only One House: and General Municipal Law. This bill would • S8334 Mayer/ Same as A 10626 Rules (Bronson), define substantial completion as when the work Relates to the definition of construction for the required by the contractor with the public owner purposes of prevailing wage: is sufficiently completed so that the public owner may occupy or utilize the work for its intended use.  To include work involving delivery and hauling in the definition of construction for the purpose  This bill would reform the contract payment of prevailing wage. This year, the Legislature process of retainage for owners, contractors, and clarified and expanded the understanding of what subcontractors by establishing new procedures should be deemed to be “public work” subject and timelines to clearly define all remaining to prevailing wage requirements, and set forth a system for determining the work to be included. However, the bill failed to clarify that delivery to and from covered projects subject, as well as BID FASTER AND WIN MORE WITH returns of supplies and any time spent loading and unloading should be considered as integral parts of a covered job and also subject to prevailing wage. This bill rectifies that oversight.  07/23/20 passed senate  07/23/20 delivered to assembly E s t i m a t i n g S o f t w a r e  07/23/20 ordered to third reading rules cal.335; bill did not come up for vote in the Assembly • A2277 Pichardo/ S8776 Comrie, paid family leave benefits  Extends paid family leave benefits to employees who perform construction, demolition, reconstruction, excavation, rehabilitation, repairs, renovations, alterations, or improvements for multiple employers pursuant to a collective bargaining agreement who shall be eligible for family leave benefits if they were employed for at least twenty-six of the last thirty-nine weeks by any covered employer which is signatory to a collective bargaining agreement.  07/21/20 passed assembly  07/21/20 delivered to senate  07/21/20 referred to senate rules committee but was not reported out of committee. Call for a demo today: 1.800.828.7108 www.FastEST-inc.com/phcc Please contact the NYSPHCC for copies of these bills.

12 • NY Connection OSHA Relies on Existing Regulations for Workplace Virus Prevention

By Allan Faxon, Safety Department, Hamond Safety Management

mployers have had plenty to standards. The worry about even before the NSC is the oldest ECOVID-19 pandemic when organization it came to providing a “safe and dedicated to safety healthful” workplace. With the late in the United States winter virus outbreak throwing (founded in 1913) and thousands of businesses into a first formed an alliance tailspin across the country, OSHA with OSHA in 2003 because the two organizations share appeared to have decided not to the same objective: safety and health for the American Allan Faxon stress employers any further by people. In its June 11th policy statement, the NSC urged adding additional regulations OSHA “to act through legislative, administrative, judicial about a disease that was not well-understood at the time. and public means”, using its emergency authority, to One can only conjecture that OSHA also had access to protect workers during the pandemic. Its commentary little useful information to establish a regulation since so further states that “Employers must know the specific much uncertainty existed within the medical community measures they are required to take to protect their regarding how to combat this new, deadly disease. The workers and the public,” said Lorraine M. Martin, NSC agency’s decision to fold employers’ virus prevention president and CEO. “NSC has been an ardent, strong responsibility under its broadly worded General Duty supporter of OSHA since the agency’s founding, and Clause, however, has met with increasing criticism from we have watched it take life-saving actions in the midst certain parties. Labor unions and some elected officials of other crisis situations. We expect it will do so again, called upon the agency to write special emergency especially knowing that safety is vital to not only workers’ rules that would apply only to COVID-19 prevention. In health, but also to our economic recovery as a nation.” response, OSHA contended that existing regulations Congress too has been increasing the pressure on the provide adequate protection to workers and that imposing agency. Summoned to Capitol Hill on May 28th to answer additional rules would tax the resources of the agency questions, Deputy Assistant Director Loren Sweatt and employers alike. Instead, OSHA has relied on general defended OSHA’s policy because, she said, it allows guidelines primarily from the Centers for Disease Control both regulated parties and the agency to adapt quickly and Prevention (CDC), without making implementing as the scientific and medical communities update their them mandatory, meaning that businesses will face no recommendations for an ever-changing situation. She enforcement action for noncompliance. testified that providing guidelines, instead of imposing On May 18th, the AFL-CIO filed a petition in the U.S. Court rules, was the best approach to managing the situation. of Appeals for the D.C. circuit to compel OSHA to issue “Regulations are very cumbersome to revise,” Ms. Sweatt an emergency temporary standard (ETS) protecting U.S. said. Whether OSHA uses recommendations, guidelines, workers from the coronavirus. The lawsuit declared, in rules, or “none of the above”, employers are still required part, “that thousands of workers have been infected on to provide a “safe and healthful” workplace for employees the job through exposure to infected patients, co-workers and should comply with the agency’s directives, even if and unscreened members of the public.” On June 11th, penalties are not being imposed at this time. however, the court rejected the labor organization’s For this reason, safety coordinators may rely on OSHA’s argument, stating that evidence to support its claim was virus prevention procedures and policies that have been lacking. made available in booklet (PDF) form on its website The respected National Safety Council (NSC) also recently by using the following link: https://www.osha.gov/ requested that OSHA implement COVID-19 specific Publications/OSHA3990.pdf

Fall 2020 • 13 How to Advise Customers n-home service technicians have the tools for turning a service call into an upsell. But they do need to know how — and why — they Ishould pull these techniques out of their toolbox. First, techs may suffer from the misguided notion that Yet communication skills are just as valuable “selling” is a bad thing — instead of the primary reason a in turning a prospect into a customer, and a business stays open, companies grow stronger and team members have opportunities to work. customer into an upsell. So, it’s important that techs understand how saying something as simple So, help them reframe their attitude away from as “I’m really sorry this happened to you” can sales as gimmicks and tricks and toward the build trust with their customer. And that’s how realization that recommending a product or service-related sales begin. service that will solve a current problem or avoid a Expressions of empathy help the homeowner let their future problem (proposing a sale, that is) is simply guard down in order to see the next thing they’re looking an extension of customer service. for, which the tech also has in abundance. After all, who has more authority for solving the problem As techs realign their service and sales mindset and beef than your in-home service tech? He’s seen this same up their communication skills, they’ll be well-positioned situation who knows how many times, and he can easily to excel. say, “We see this a lot, and we can fix this for you. Customers are looking for two things when they’re We’ve been in several homes lately where homeowners deciding whether to trust you with their hard-earned were dealing with the same thing, and we’ve gotten our dollars: empathy and authority. customers’ homes back to normal in no time.” Team members show empathy when they say, “I hear As he mentions his previous experience in an easy and what you’re saying. I bet dealing with this mess hasn’t casual way, he’s reinforcing authority. been much fun. If this were happening at my house, I’d be upset too.” Expressing empathy is a way to tell customers Expressing empathy and presenting authority you understand the pain, discomfort, frustration, fear or might sound like a natural thing to do as techs cost this situation has created. talk to customers, and it is. But it’s also easy to As your tech does so, he’s seen less as an obstacle (as in, the one who’s going to charge a lot of money the overlook when techs are rushing in the middle of a homeowner didn’t want to spend) and more like the one busy day. who understands and appreciates what the customer is going through. Hudson, Ink (www.hudsonink.com) is a creative marketing Technicians with on-the-job experience are already firm for contractors. Readers can get a free 20-minute highly knowledgeable about the trouble a problem with a marketing consultation by sending a polite request to plumbing system can bring. Training them on why a water [email protected] or by calling 800-489- heater that leaks through a ceiling or damages a floor is 9099. Visit www.hudsonink.com for more marketing tips. an unwelcome experience for a homeowner isn’t the issue.

f you have an organization chart for your firm, please That said, we must all look at the reality of this. Not every raise your hand. Good, it looks like all hands went up. If potential customer is your customer. Have you had one of Iyou really don’t have an organization chart then shame those customers, usually retired, who ran a spreadsheet on you. If you do have one it is most likely inaccurate. You and wanted to know the cost of everything you were going probably show the president on top, then some VPs or a to provide? What about that customer who kept trying to get Service Manager, etc., right? Well, you are missing a full you to lower your fair price, no matter what. If you did that understanding of a service company. Who really is the “boss” job, how were they to deal with through the job and after for a service company? That’s right, it is the customer. it was done? Enough said. So, not every customer is your If you do not have the customer at the top of your organiza- customer. Just a hint — maybe you should refer them to your tion chart then you are making a big mistake. Everyone in best competitor. your organization chart, from the president on down, must be Now, what is a good way to discover what customers want? totally focused on serving the customer. Trust me, there will be a lot of differences here. Customers

16 • NY Connection “When folks feel appreciated and important, they are customers for life, and maybe their children and friends as well. Some of you may have found other ways to do this. Please share these ideas at association gatherings. Good competition benefits us all.” — Bill Harrison, President of PLI, LLC

are not a homogeneous group. One good way is to listen to When an estimate was given to a customer for a system your team members. They are involved with your customers replacement, one owner called the same day to let the every day; either on the phone or in person. You should have customer know he stood behind the estimate and their regular sessions with your team members to discover what satisfaction. He gave them his cell phone number and said they are learning about customer needs. Those needs may be they could contact him any time. The company closure rate changing over time; like with the COVID-19 virus. If you really improved by 25% and he rarely got a phone call. Would that use the experience of your team members you will be amazed make the customer feel important? at what you learn. This must be a focused meeting, not just a When a job is complete do we make a happy call to see if line you throw out at a service meeting. everything went well? If it isn’t, do we take care of the issue Another great resource can be found in information at your right away? Incidentally, all phone calls have a positive fingertips from your association. Associations provide so response, even if we just leave a message. many great resources online or in person, yet few folks take If your customer paid for a high ticket job (your call on what advantage of those tools. Please check with the association that means) did we send them a thank you gift? Maybe some and see what is available. It is not just a dinner meeting once flowers or a gift card to a nice restaurant. Always with a hand- a month. When you have speakers from the industry, or even signed card. They will talk about that to their friends and we outside of it, please come prepared to take notes. You are not know that word of mouth is the best advertising. Would that going to remember those gems the next day. make them feel appreciated? Incidentally, if you approach a There are some basics we can provide: florist with the promise of repeat business, you can usually • The customer must know they are being heard; that we get a great deal on the flowers or the gift cards. are really trying to understand their needs. If you are asking callers how they heard about you, and it was • If they call, they do want something, and probably want from a current customer, do you track that? These are centers it now. of influence and should also be sent a gift, don’t you think? • They want responsiveness; a sense of urgency from the When folks feel appreciated and important, they are provider. customers for life, and maybe their children and friends as • If they are leaving a message, they want a call back today. well. Some of you may have found other ways to do this. • If there are up front charges, they want to know that. Please share these ideas at association gatherings. Good • They want good value for the cost, so we must explain competition benefits us all. that value to them. Remember — The Coach does not succeed until you do. • They want someone on the phone or in person to treat them and their property with respect. • They want to truly feel that we appreciate their business both at the time of sale and thereafter. Bill Harrison is president of PLI, LLC. • And like most of us, they want to feel important. His contact information is: 6200 Settlers Trail Place Most companies do a decent job at this. We use the Gainesville, VA 20155 booties, give a complete and full estimate of the work to be (703) 909-8230 performed, and are pleasant, etc., etc. But can we go the next [email protected] step? Just a few random thoughts over years of experience.

Fall 2020 • 17 COVID-19 Guidance for Returning to Work?

Can you provide guidance and materials for returning to work checklists, policies, and procedures?

18 • NY Connection Some of the things we are heavily considering are As noted, employers may wish to revise their temperature checks, how to handle employees in employee handbooks or other policy statements, or the office who show symptoms, etc. It is certainly draft addendum, in view of these new requirements. advisable for the employer to update its workplace And, employees can be asked to sign a statement policies and procedures in the wake of the coronavirus to acknowledge the employer’s new protocols and pandemic, given the many changes to the workplace policies, as well as to acknowledge their receipt of, that it has brought. To be sure, we recommend and agreement to comply with, such new policies. implementing appropriate safety measures Employees can, and should, further be required recommended by the CDC and OSHA relative to to acknowledge obligations, as they may have minimizing the risk of COVID-19 transmission in the individually, to contribute to a healthy and safe workplace, and company policies should address workplace, and the consequences they can expect these new obligations. As well, and as discussed if they unreasonably fail to do so. That said, note below, company policies should seek to address that generally employees cannot waive their right to time off and other new and changes circumstances workers’ compensation benefits should they sustain associated with recently-passed legislation and other an occupational illness or injury in the course and nuances of the workplace. We have summarized a scope of their employment, which – despite the number of the issues employers should contemplate employer’s best efforts – can potentially include in preparing new policies in our resource regarding contracting coronavirus in the workplace. As such, COVID-19 Implications on Employment Policies which “hold harmless” or similar language or agreements we encourage you to review. are largely unenforceable. While nothing prevents the As far as workplace health and safety, the CDC’s employer from requiring employees to acknowledge reopening guidance for employers is really one of the and agree to contribute to a healthy and safe best places to start as businesses seek to reemerge workplace (and in fact this is recommended), requiring and reopen following any COVID-19 related closures. that they sign a waiver of workers’ compensation Employers are encouraged to incorporate such rights or similar statements as a condition of guidance into their policies and practices. There is continued employment can expose the employer to additional excellent guidance for employers at the potential liability for claims and is not recommended. following websites, which the employer can also The employer may also wish to confer with its general seek to incorporate into its policies, practices, and liability and workers’ compensation insurance carriers procedures: prior to any exposure or claim for specific guidance as • General Business Frequently Asked Questions which to necessary and recommended safety requirements includes a number of common questions employers to minimize risk, as well as to confirm insurance may have as they reopen their business. coverage in the event of a claim against the employer in connection with workplace safety and the like. The • Plan, Prepare and Respond to Coronavirus Disease employer can then seek to include such requirements • COVID-19 Employer Information for Office Buildings in its new or revised policy statements. You can find additional COVID-19 related resources through your • OSHA Guidance on Preparing Workplaces for COVID-19 HELPLINE portal, which we also encourage you to take • New OSHA Poster that all employers should ensure advantage of. is hung in a conspicuous place

• Employer policies should also be updated to include ©2020 Federated Mutual Insurance Company. All rights employee rights under the Families First Corona- reserved. virus Response Act (FFCRA), which provides paid time off benefits to employees who qualify for them. Guidance on the FFCRA, including a requisite poster to hang, can be found at COVID-19 and the American Workplace

Fall 2020 • 19 ALL THE DRAMA MOVIES AREN’T ON NETFLIX By Mark Breslin

ow many of you when you are this will be decided in 2020, and more likely in the next flipping through the channels 60–90 days. Hwill re-watch a movie you The other movie is a one-star, low-budget horror flick. have seen five or 10 times? All of Let’s call it “Slashers at the Jobsite”. In this one the feds us. The Godfather. Shawshank cannot or will not agree on solutions prior to the election Redemption. Rocky. The Departed. and the states are on their own. So that starts with a Jurassic Park. Titanic. My weakness slashing of sources of funding for the entire market. is Gladiator. I’ve watched that probably 10 times. You know what Except for the bi-polar stock market the economic is going to happen. You know the indicators says the sky is kinda falling. And if not now, lines. You enjoy it from its familiarity, not the surprise or pretty damn soon. Public entities are already getting shock of something new. nervous with tax revenues in steep decline and their capital budgets looking ripe for reassignment. Private Well, that is exactly the situation our industry finds construction owners looking ahead probably need Xanax. ourselves in again. One of two movies is going to play for Industrial expenditures more or less on hold. Building you, beginning later in 2020 and probably goes though offices in the Zoom world? Maybe later. And finally, 2021. And it won’t be on Netflix. These movies represent uncertainty on the V recovery, U recovery, or the Nike the economics of our construction marketplace. swoosh recovery. Ok. So, what to do? Watch that crappy And if you have been at this for any length of time, you movie. Again. Let’s check out your viewing history: have seen them both at least 2–3 times and maybe four if U.S. Recessions Impacting our Industry: you have some gray hairs. • 1980–82 The first movie, most recently re-released in 2008 is rated five stars. Lets call it “Desperately Shoveling Cash”. The • 1990–91 plot is massive infusions of federal infrastructure dollars • 2001 to put America to work. Infrastructure is the dependable, • 2008–09 proven and fastest way to put people to work. From the Great Depression to the Financial Crisis, government turns Unless you are among the many new apprentices** or to us to generate economic firepower. If we watch this college graduate PMs who have never seen a hard down movie, there is some cheering, fist bumping, the good market cycle before (welcome to the real world, sons and guys win and in the end it bridges the gap to the other daughters), the downturn movie is mostly the same. And side of the recessionary period. If this is happening for us, that familiarity should be an asset-you know the plot.

20 • NY Connection So, before we grind through it again, 2020 is a time to me wondering what to do. I always have tried to think sit down with your management team and ask the key and act in “what is most important NOW” mode as questions that everyone needs to prior to a market cycle much as possible so when the situation hits the fan, my change: organization is not facing conflicting resource priorities. • What did we learn from watching and living the Disciplined ROI is the name of the game: to improve last versions of the movie? Let us remind ourselves operational or economic outcomes for your companies. this is not new and market cycles are normal in our So, the show is about to start. The coming attractions look business. mixed. Settle back with your popcorn and take a breath. • What is our operational edge that we need to focus 2020 will likely be a decent year based on back logs and on right now? current market momentum. But the path ahead is quite clearly one requiring additional forethought and vision. • What market pivots would be smart to make now I can tell you that the theatre is packed (social distance that will pay off later? doesn’t apply here) as we ride it out together. And for the • What are the discretionary vs essential investments questions of ROI, though we cannot guarantee a happy- we need to make in people, programs, technology, ever-after ending to the movie ahead, you are going to training or equipment to get to the other side? want your team aligned in the seats behind you watching your back. • What sacred cows, processes, legacy BS, B-C Players or other barriers need to be eliminated Mark Breslin is an author, speaker, CEO and influencer inspiring because a good shock to the system is a fine time to change for workplace success across all levels of business. enact change? Mark has improved leadership, accountability, innovation and engagement for organizations and individuals. He has spoken to • What sacrifices, economies or leaning out can and more than 400,000 people and published hundreds of thousands should we do to roll through market instability? of books on leadership and workplace culture. His new Micro- Where is the maximum ROI? learning video series, “The Professional Construction Leader” I have seen both of these market trends and as an is revolutionizing construction foreman training as well as field operations, performance and profitability. For more information on organizational leader it doesn’t freak me out or leave Mark, go to www.breslin.biz

SCAN FOR SERVICE PHCC CONNECT2020 Goes Virtual to Provide a Dynamic, Interactive Online Experience

Due to the current public health crisis, and with the health and safety of attendees, staff, and the public top of mind, the Program highlights include: Plumbing-Heating-Cooling Contractors—National Association (PHCC) announces that it will offer its annual conference, • More than 20 education sessions PHCCCONNECT2020, in a virtual format. The event, scheduled • Inspirational and informative for Sept. 30–Oct. 1, will offer a valued-packed online program, keynote speakers full of high-quality education and networking opportunities. “This decision to ‘bring CONNECT to you’ was made after much • Live Q&A with select speakers careful consideration and input from PHCC members,” said • A virtual Product & Technology PHCC President Jonathan Moyer. “It was the right thing to do in Showcase these current times, and we embrace the opportunity to safely deliver this highly anticipated event in a new innovative, easy- • Reimagined networking to-use format.” opportunities With the theme “Expand Your Vision for Success,” the virtual • Access to education session conference will offer high-caliber keynote speakers, timely content for 30 days and relevant educational sessions and new virtual networking • Affordable Experience – No events, with the added benefit of experiencing it all from the travel & hotel costs & reduced comfort of an office or home. registration rates More specific details about the event will be available online. For updates, visit phccweb.org/connect.

22 • NY Connection JOIN TODAY AND GET 15 MONTHS OF MEMBERSHIP FOR THE PRICE OF 12!

INTRODUCTORY AT-LARGE MEMBERSHIP APPLICATION I hereby make application to become a member at-large of the New York State Plumbing-Heating-Cooling Contractors Association. Please complete the following information:

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PLEASE SEND THIS FORM ALONG WITH YOUR DUES INVESTMENT TO: NYSPHCC, PO Box 23, North Tonawanda, NY 14120 – 716-216-4360 For 2020, State Dues are $193 and National Dues are $269.00 for a total of $462.00. This rate applies to first time members only. PHCC membership dues are not deductible as a charitable contribution for U.S. Federal Income Tax purposes but may be deductible as a business expense. For 2020, PHCC estimates that 26% of your combined national and state dues constitute lobbying expenses.

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