PRESS RELEASE

Foster City– Cal/OSHA has cited two employers for serious accident-related health and safety violations after workers were poisoned by carbon monoxide in an enclosed space at San Francisco International Airport.

Two plumbers from Gladiator Rooter & Plumbing were working in a crawl space on December 22, 2018, replacing underground sewer pipes for airline caterer Gate Gourmet, Inc. Carbon monoxide gas was leaking from the facility, causing one of the workers to lose consciousness. Rescue workers helped the workers, but one of them had to stay in the hospital for two days.

“These workers were lucky because working in confined spaces can be deadly, especially when oxygen levels are reduced or deadly gases are present,” said Debra Lee, deputy chief of enforcement for Cal/OSHA. “Employers must identify and assess potential hazards before workers enter confined spaces so they can ensure workers are trained and a rescue plan is in place in the event of an emergency.”

Cal/OSHA’s investigation found that Gate Gourmet, Inc. did not inform Gladiator Rooter & Plumbing that the crawlspace was a permit-required confined space and failed to provide information about the potential hazards of entering of the room arise. Cal/OSHA also found that Gladiator Rooter & Plumbing did not have a safety and health program in place and did not train workers. Additionally, the employer did not develop a confined space program, take no hazard mitigation measures, and have no rescue plan.

Cal/OSHA charged Gladiator Rooter & Plumbing $50,850 for eight violations, including two serious accidental violations, two serious violations, and four general violations.

Major accident-related violations cited included the company’s failure to implement a permit-required confined space program and failure to train its employees to work safely in confined spaces. Major violations cited included the company’s failure to develop and implement a written permit room program and failure to obtain information about hazards to the permit room and make that information available to workers entering the room.

Cal/OSHA cited Gate Gourmet with proposed penalties of $18,000 for a serious accident-related violation for failing to communicate with Gladiator Rooter & Plumbing about confined space hazards and precautions.

A violation is classified as serious if there is a realistic likelihood that the actual danger created by the violation could result in death or serious harm, and violations are classified as accidental if the injury, illness or death is caused by the violation is caused.

Confined spaces are spaces that are large enough for worker entry but have limited openings for exit and entry, creating potential atmospheric and spatial hazards. They are found in numerous industries and include water and sewer pipes, boilers, silos, furnaces, vaults, tunnels and pumping stations.

Construction employers should read and follow the confined space guidelines found on pages 26-29 of the updated Cal/OSHA Construction Industry Pocket Manual. Cal/OSHA provides additional confined space resources to general industry employers.

All employers in California are required to have an effective written injury and illness prevention program, a safety program designed to identify, evaluate and control workplace hazards. Cal/OSHA has online tools and publications to help employers establish an effective safety program.

Cal/OSHA helps protect workers from workplace health and safety risks in nearly every workplace in California. Cal/OSHA’s Advisory Services Division provides free, voluntary assistance to employers in improving their health and safety programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.

Employees with work-related questions or complaints may contact DIR’s call center at 844-LABOR-DIR (844-522-6734) in English or Spanish. The California Workers’ Information hotline at 866-924-9757 provides recorded information in English and Spanish on a variety of work-related topics. Complaints may also be submitted confidentially to Cal/OSHA district offices.

Members of the press may contact Peter Melton or Lucas Brown at (510) 286-1161 and are asked to sign up to receive email alerts for DIR press releases or other department updates.

Founded in 1927, the California Department of Industrial Relations protects and improves the health, safety and economic well-being of more than 18 million wage earners and assists their employers in complying with state labor laws. DIR is located within the Labor & Workforce Development Agency. For general inquiries, contact DIR’s Communications Call Center at 844-LABOR-DIR (844-522-6734) for assistance in locating the appropriate department or program within our department.

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The COVID-19 pandemic has permanently altered the employment landscape, including work-from-home and telework arrangements. Although some employers had relaxed workplace “face time” requirements before the pandemic, this has become and remains more prevalent in the last two years, especially in California where commutes can be long. Cities and localities also have considered whether more flexibility in the workplace should be expanded and enforced by government mandates for particular employees. Although attempts have been made at different levels of government, San Francisco was the first city in the country to approve a “right to request” ordinance.

In July, the city expanded its Family Friendly Workplace Ordinance to guarantee flexible or predictable work arrangements for employees with qualifying caregiver responsibilities upon notice by the employee, unless the employer can demonstrate undue hardship. When San Francisco first enacted the ordinance in 2014, covered employees the right to request alternative work arrangements to assist with caregiving responsibilities, it did not entitle employees to a specific response to their requests. Under the newly amended ordinance, any employer with 20 or more employees working in or teleworking out of San Francisco must grant covered employees a flexible or predictable working arrangement upon request—absent undue hardship—to assist with caregiving duties at home. Thus, in contrast to the previous ordinance, the new amendment grants employees the right to a flexible or predictable working arrangement in order to accommodate caregiving responsibilities. The amendment also broadens the scope of covered employees by including teleworkers and expanding the definition of “caregiving.”

Co-author Emily Burkhardt Vicente of Hunton Andrews Kurth LLP

In amending the ordinance, San Francisco said it sought to keep up with the changing demographics of the nation’s workforce and family structures along with addressing the strains on family caregivers caused by the pandemic. The amendment cites the large increases in the number of women working outside the home and single-parent households as motivators for the legislation. As such, the sponsors of the ordinance noted that they seek to lessen the extent that so-called “rigid” employment schedules and the absence of telecommuting options for employees contribute to “the tension between work and family responsibilities that so many workers face.” The city also has said the amendment was enacted in part due to the COVID-19 pandemic’s “great strains on caregivers in families.” The amendment’s authors also noted that “[f]or employees working in positions where remote work is simply not possible, the ability to request flexibility or predictability may be especially critical.”

As work from home continues to be accepted and employee expectations change post-pandemic, US cities, counties and other government bodies will be more likely to consider legislation similar to the approach taken by the amended San Francisco ordinance and other “right to request” laws . In recent years, “right to request” legislation has been gaining ground abroad but had only made modest progress in the United States. The United Kingdom, Australia, Northern Ireland, Finland, Norway and New Zealand have put in place workplace laws that include granting parent or caregiver workers the right to request flexible working arrangements, similar to the San Francisco ordinance.

“Right to request” legislation also has been introduced (but not passed) in Congress by former US senators Ted Kennedy, Hillary Clinton and Barack Obama, and, as president, Obama extended the right to request flexibility to federal employees in 2014. Similar legislation was proposed as recently as May 2021 with the Flexibility for Working Families Act, which contained provisions granting workers the right to request changes to the number of hours they are required to work and where they are required to work. Although these federal laws have not been passed, employment trends often start in California and spread to the rest of the country, and a number of states are likely to follow California’s lead in the coming months or years.

Co-author Michael Pearlson of Hunton Andrews Kurth LLP

In light of this, San Francisco’s mandate will create challenges for employers there, as well as for employers outside California, increasing pressure on them to allow flexible arrangements in competition with other companies offering flexibility in scheduling. In a tight labor market, flexibility has become a selling point for recruiting top talent, and employers competing with companies based in San Francisco may feel pressure to implement their own flexible working policies to compete with those mandated by the city on San Francisco employers. Many covered employers also will face greater challenges maintaining their operations under the new law due to increased costs and staffing issues that could drive up the costs of products and services, making it more difficult for San Francisco employers to compete in the marketplace. With labor shortages, the demand for flexibility may make it even harder for some employers to fill positions and keep staffing at needed levels to operate effectively.

There is no doubt that the pandemic has ushered in many changes to the workplace, not least of which is the desire for more flexibility for employees. As flexible workplace arrangements gain traction and more states and localities look to follow San Francisco into this frontier, employers may wish to evaluate the feasibility of adding additional flexibility for employees in their workplace. Employees are demanding it and, soon, their city or state may require it too.

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“It was very bad, we were scared to come in, basically a ghost town here,” said Jacques Oskanian.

Jacques Osaknian has owned a stationary store in San Francisco’s Embarcadero Center for eight years. He’s still waiting for many customers to return, some of them office workers.

“I never thought of shutting down our business. That’s our bread and butter,” she said.

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Now, there are encouraging signs like more people on the streets and more commuters in their cars, headed to work.

Google announced Wednesday it plans to start a hybrid work model on April 4. Bay Area employees must work three days in the office, the other two from home.

RELATED: Will San Francisco’s Financial District Ever Bounce Back?

“There’s still a need for face-to-face interaction and creativity, looking forward to those companies coming back to San Francisco employees on the street with small businesses benefiting,” said Rodney Fong, President and CEO of San Francisco’s Chamber of Commerce.

Some workers are in no hurry to get back. Vic Leung is spending just one day in the office.

“I enjoy the people connection I miss it, it’s a good hybrid for me,” Leung said.

VIDEO: High-tech projection mapping aims to bring people back to San Francisco

Mayor London Breed is pushing for more employers to bring workers back to the business district.

Mayor Breed’s office released a statement, saying in part:
“The mayor has been working with organizations like the Chamber of Commerce and talking to business leaders about announcing a shared commitment to return to the office… We will have more specifics soon… There is a lot of support for San Francisco and bringing workers back, though we know things will look different moving forward to allow for flexibility in the workplace.”

Experts say weekly office attendance is about 25 percent, with a slow uptick forward.

“Our calculations say buildings are ready and safe, now we need the right mentality. It’s time to come back to the city,” said John Bryant from Building Owners and Managers Association of San Francisco.

SF Travel reports a 20-percent increase in bookings at the Moscone Center since December, the busiest month is expected to be June.

RELATED: Hotels seeing higher occupancy rates near SF’s Union Square

With more encouraging signs on the road back to normal, Jacques is optimistic.

“I see movement, things are going better and better,” he said.

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The Business Journal asked these seven lenders who are working with firms in North Bay to secure funding from the US Small Business Administration about the problems local employers have faced over the past 14 months with coronavirus pandemic restrictions. and the sometimes challenging application process for billions of federal aid.

Jeff Clark

Senior lender

Live Oak Bank

100 B St., Suite 100, Santa Rosa 95401

707-921-1102

jeff.clark@liveoak.bank

Years in banking: 25 years

Years in your current position: 6 years

Tell us about yourself: I have worked with wineries, breweries, distilleries, and craft beverage manufacturers in the United States. My experience spans the spectrum from small family businesses to listed companies.

Important news in your company in the past year: Despite the conditions, we survived and thrived. What a year!

What direct impact has the coronavirus had on your activity level?

It has affected us in several ways. The provision of Payroll Protection Program (PPP) loans took several months of our time and took us away from loan production.

This also affected our borrowers with an on-premise exposure, excluding many of them for months. We usually travel several months a year for site visits, trade shows, etc. and that has not happened.

Tell us how the SBA program in support of those who have received SBA loans changed to provide loans to small businesses, and how did it have to adapt programs for those with existing SBA loans?

In addition to the PPP and EIDL (Economic Disaster Disaster Loan) programs, the SBA provided payment deferrals and payment grants and waived the guarantee fee.

Assuming the COVID pandemic has subsided significantly, what will the SBA credit market look like in two years? Will it have reverted to what it was before the pandemic or will it be different and why?

Neither of us have been in this situation before so it’s really hard to tell. However, companies will always need capital to grow. There could be pent-up demand beyond normal credit levels.

As for the untapped resources on the business just getting started, which ones most borrowers don’t know but should and why?

Small Business Development Centers are an SBA funded resource that can help with business plans, financial projections, and advice.

Brian Kilkenny

Business Services Administrator

Redwood Credit Union

3033 Cleveland Ave., Santa Rosa 95403

707-576-5422

BKilkenny@redwoodcu.org

Years in banking: 10

Years in your current position: 2

Organic: Brian Kilkenny is the Redwood Credit Union (RCU) loan administrator responsible for the growth, quality and maintenance of the RCU’s business loan portfolio.

Prior to joining RCU, Kilkenny was with Exchange Bank for over six years. He holds a bachelor’s degree in agriculture from Oregon State University and began his banking career with Bank of America.

Important news in your company in the past year: From 2020 to 2021, the RCU grew by $ 1.7 billion. We had planned well for the unexpected and that kept us strong and able to support members, team members and the community when they needed us.

Nobody knew exactly what to expect from the loan, but a year later we are optimistic about the performance of our business portfolio. The resilience of our local small businesses was evident as we watched them change and modify their approach and delivery to customers to meet customers where they are.

Despite all the adversities, many of them remained solvent, kept the doors open and continued to pay employees. RCU is proud to have supported this effort through close partnerships with our business members and borrowers.

What direct impact has the coronavirus had on your activity level?

We were pleasantly surprised to see a strong pipeline of growth and credit opportunities in 2020 and 2021. We have watched companies grow, borrow, and invest in themselves. This is a positive sign and will prepare you well for future success.

This high demand for conventional business coupled with two rounds of the SBA’s Payment Protection Program (PPP) has meant a lot of activity for the credit union.

Tell us how the SBA program in support of those who have received SBA loans changed to provide loans to small businesses, and how did it have to adapt programs for those with existing SBA loans?

The SBA has been offering Economic Damage Disaster Loans (EIDL) for years, which recently came into play to help local businesses.

However, COVID spurred the SBA to open a restaurant revitalization fund to provide restaurants with funding to match their pandemic-related loss of revenue, and they offered a Shuttered Venue Operators Grant (SVOG) to help hard-hit small businesses, nonprofits and venues to help.

The post SBA lenders in San Francisco North Bay recount tough yr serving to employers survive appeared first on Los Gatos News And Events.