NOTE: This COVID-19 conversation was recorded on April 1, 2020; a lot has changed since then. For more information visit Building PA Podcast.
Chris Martin (00:01):
Welcome to the Building PA Podcast, a podcast specifically for the construction industry and the Commonwealth of Pennsylvania. I am Co-Host Chris Martin with Atlas Marketing, where we tell stories for people who build things. And I’m with my partner, Jon O’Brien.
Hey everyone. How’s it going, Jon O’Brien from the Keystone Contractors Association based right here in good old central Pennsylvania. Hello, Chris.
Hello, Jon. Hey, I know that you have been a busy these days, and I know that, you know, our topic today is a very timely, special topic. We are going to be talking about, and Jon has been instrumental in this. So I get the tables are turned a little bit here. This isn’t our normal interview process, but today we’re going to talk about the Coronavirus and its impact on the construction industry. And like I said, Jon has been integral and very, very busy to say the least for the last few weeks. And even though this is not a typical Building PA Podcast topic, we want to start with this and share as much information as we can through the podcast platform. So, Jon, I know that the Keystone Contractors Association and GCAP, the General Contractors Association of Pennsylvania have been very, very instrumental in helping get the industry back to work these last few weeks, but can you explain for our listeners the difference between the KCA and the GCAP associations?
Jon O’Brien (01:50):
Yeah, absolutely. Yeah, that’s probably good because there does seem to be a lot of confusion with the two different groups. So yeah, KCA, the Keystone Contractors Association is a full service construction trade association. We offer typical services that contractor associations offer like labor relations, safety services, marketing, community service, you name it, we’re pretty busy, pretty active helping our members. That’s KCA. So, yeah, KCA was founded in 1940. And as far as GCAP, which is the General Contractor Association of Pennsylvania, GCAP is an association of associations. So KCA is a member of GCAP. And our other level one members include the Master Builders Association in Pittsburgh and in Philadelphia, the General Building Contractors Association and GCAP’s primary and main purpose is to be the advocate for the commercial construction industry. Let me make that clear commercial construction industry, because that adds some confusion as well. When you mix in residential and people think we cover it all, but no, we’re busy enough just in the commercial world. Yeah.
Chris Martin (03:19):
That is more than enough time, effort and energy to be put toward one at one element.
Jon O’Brien (03:24):
Yeah. So, the for the staff, I double as the executive director of both KCA and GCAP, and I’m also the registered lobbyist for GCAP. So don’t hold that lobbyist thing against me, you know,
Chris Martin (03:40):
And, and more importantly you, that lobbyist hat has been in on your head for quite some time now for the last couple of weeks regarding the pandemic that we’re in, but can you give us an update on what GCAP is doing, but maybe some other associations are coming together to really work for the industry. Can you tell us what’s been going on?
Jon O’Brien (04:04):
Absolutely. If you like, why don’t I start with the work shut down. Governor Wolf posted the Executive Order on Thursday, March 19th, leading up to that Thursday afternoon, there was talk, you know, earlier in that week, and even the week before this might be coming, you know, once we heard NHL canceled and they’re not canceled, but postpone season of Major League Baseball, you know, all these big corporate events everything’s shutting down there is rumblings and a lot of rumors that construction might be shutting down as well. And out of the blue, out of nowhere on a Thursday evening governor Wolf just imposed a workstop of all nonessential businesses and per his administration’s classification, construction was listed as a non-essential classification. So being that, you know, I have a hundred members of KCA, and then you factor in GCAP with another 700 construction members….
Jon O’Brien (05:12):
So Thursday night, I think the Executive Order was issued around 4:00 PM or so an hour before the work day shut down. And from four o’clock till, probably two in the morning, I was on the phone all night, receiving text messages, emails. “What’s this mean” “what’s going on?” And there was no heads up that this was going to happen. As you could expect, because this was such a drastic measure, the communication did not stop Friday either. So it’s a Friday, yeah we had tons of questions Friday morning. About 7:00 AM I had a conference call with Labor & Industry. You know the while the Executive Order came in on Thursday, all work was to cease, I think, close the business that Friday, the 20th, and then it was extended to Monday the 23rd. But regardless of that time period, we got most of that and there were some issues with inspections because we already had counties that were getting hit pretty hard by the Coronavirus. So we had some issues and L&I was telling their inspectors, if there is any hesitation at all, and you don’t feel comfortable inspecting a job site, you know, do not go, just use your best judgment. From members they were saying the use of their best judgment meant none of them are showing up.
Jon O’Brien (06:48):
Yeah. So there were some major Philadelphia projects and they wanted to find out what was going on. So we scheduled this call first thing in the morning with Labor & Industry. And we’re, the call was just intent, designed to talk about inspections and how will the inspection process work during this, during this shutdown? And we were wondering, is it possible to do like virtual inspections? Is that even a possibility? And we’re still looking into that. But then at the same time with this shutdown and earlier in the week, other businesses were shuttering down. And this led to a, I think a five thousand unemployed, I got the numbers in my head. They’re all jumbled together, but there was something like 75,000 unemployment cases within the unemployment office in one day.
Jon O’Brien (07:47):
And then that just added up every day that first week. So Monday the 16th, 17th, 18th, I think by the end of the week, they were over 500,000. So that call that we just wanted to talk about inspections. We had tons of questions about unemployment compensation and, you know what should we be getting out to our members? What should employers be doing? What should their employees be doing? And, Oh, it was a crazy day that Friday. And then it did not ease up on Saturday, Saturday, the 21st, we had some good email exchanges and some good conference calls with GCAP and other government organizations. And now I was talking to a lot of labor leaders as well, and collectively amongst all of us, you know, labor-management, we decided that a good route to kick off our plan of action would be for GCAP and the Pennsylvania Construction Trades Council should send a joint letter signed by labor and management and send that Governor Wolf.
Jon O’Brien (08:54):
So Sunday the president of the Building Trades, my good buddy, Frank, Frank Sirianni. I hope you’re listening Frank. Frank and I swapped emails and texts and phone calls all day that Sunday, that would be what, I think March 22nd. We wanted to put together a nice communication to the governor and why we felt construction is essential to our economy and to our society and why we thought construction should keep working. So yeah, we finished late night, you know, midnight or so on Sunday, we had a product we were happy with. We sent it to the GCAP Board and were like there’s not a lot of time to review this, but let me know if you’re okay with this. Next thing, you know, Monday morning, March 23rd, some of the leaders on both sides, labor and management, weren’t quite sure if we should be reacting so fast to this shutdown order and, you know, there is talk about, should we let the dust settle a little?
Jon O’Brien (09:59):
I mean, we’re inside learning about this COVID-19 and the whole pandemic. We’re still learning about this. Are we really doing the right thing? You know, pushing the economy to move forward as if this doesn’t exist, you know, we should just ignore it and just keep working, you know, so there was a lot of questions internally, you know, and ultimately we couldn’t come to a decision. So we decided just to, just to sit back a little bit and let the dust settle. And when I say sit back, I mean, sit back on side of the lobbying. So while we were sitting out on the lobbying game, we kind of shifted our attention towards the area of safety and you know, through GCAP we’re rather fortunate to have that partnership with Master Builders and the General Building Contractors in Philadelphia. We’re fortunate to be partners with those two great associations. And we created within probably three, four days, maybe a week, we created the Pennsylvania COVID-19 Response Plan for Construction,
Chris Martin (11:19):
Excuse me, I know it’s good I’ve seen that plan. And not only is it thorough but it, it lays out a solid way for the industry to showcase not only how important this is to our industry, but more importantly, the level of intensity that we’re taking this as it should be.
Jon O’Brien (11:49):
Yeah. I mean, the plan is pretty awesome, you know, I mean, you saw it, but hopefully our audience as too. We’ve posted it online. It’s on our website. It’s kind of all over the place. I believe through the Master Builders and their Director of Safety Bob McCall. And I believe in Bob used a lot of connections and a lot of his relationships through the Associated General Contractors. He used those relationships to kind of form what I was calling the dream team of safety. I mean, they had safety professionals from across the country come together to really create this plan. And it’s awesome from details all the way down to making sure your autos and all sorts of transportation devices are cleaned daily make sure 24 hours a day, they were cleaned. You don’t see too many safety plans that go that into detail.
Chris Martin (12:49):
Yeah. That was one thing that I was shocked when I saw was just the level of detail that cleanliness comes into. And let’s be honest.
Jon O’Brien (12:58):
Chris Martin (12:58):
Our industry is not exactly the cleanest. So, you know well, Jon, let me ask you this, as far as the, you know, that process that you’ve gone through has there been any I mean, obviously there’s been a lot of progress since that initial announcement from Governor Wolf, but on the legislative front, can you explain a little bit about what not only the KCA and the GCAP is doing, but where things could potentially go as it relates to the industry?
Jon O’Brien (13:32):
Yeah, absolutely. Yeah. So early on when the shut down order came, there was a process that the governor allowed to have projects get waived, you know, and they could proceed. Yeah. So there is a lot of confusion with these projects cause you had similar projects submitted by contractors and some were approved, some were denied. You had elected officials, you know, state reps telling contractors if your project gets denied, resubmit it again, because a different set of eyes might see it a different way. And sure enough, you know, projects were getting submitted and approved the second time. So it was, it was crazy.
Jon O’Brien (14:21):
Yeah. And then further confusing the matter was this past Friday. So that would have been what I forget what the, my phone’s a little slow…the 27th. So Friday the 27th in the evening people within the governor’s office were sending emails out to the industry saying that K-12 school construction work is now allowed to proceed assuming they get approval at the local level. So school districts would have to approve this process. And we had that added another layer of confusion because there’s a lot of contractors that submitted waivers for projects
Jon O’Brien (15:12):
You know, they were denied in some cases, in most cases, I think all school was denied up until the 27th. So they were denied and then schools, we had schools out in the Pittsburgh area, tell contractors, just keep working. You don’t have to worry about that waiver process. And we’re like, what? And then you get this one line statement from the governor’s office that Friday night saying, you know you’re allowed to proceed if approved at the local level. And we’re like do we need more proof than just this little email? I don’t know. It’s not even that the top official, you know, it’s like, you know, a couple levels down, they sending this email.
Chris Martin (15:50):
You know you have been working your tail off here along with so many others that are in the industry. And, I want to emphasize how much I appreciate not only what you’re doing, but what everybody is doing to help move this along. But are you, you mentioned earlier there was a, a little bit of a, you know, some contractors say, “hey, wait a second are we doing the right thing here?” Are you seeing that there is a I don’t want to say a separation if you will, between the industry one being, “Hey, let’s get back to work.” The others, “maybe we shouldn’t be doing this.”
Jon O’Brien (16:40):
Yeah, I’m seeing that, but I think a good thing for our cause was creating that safety plan and we had some legislators in both the Senate and the House that want to legislate the industry returning to work, which I personally, I don’t believe that’s the right route to take. I think that would take too long. I think the better approach would be leaders in both chambers and industry leaders sit down with the governor and his staff and, you know, talk their way through. Cause we keep saying, you know, along with a safety plan
Jon O’Brien (17:21):
Much like the schools can work because you know, schools are shut down for who knows how long, at least until the end of April. So those projects can proceed because, you know, there’s a trust that the industry knows how to operate safely and there’s no students and there’s no faculty within those schools. And I think that same logic should be applied to the entire industry. And if projects are currently halted, you know, halfway through the project and the business has shut down, there’s going to be no harm to the community or the occupants, so the industry should be able to get in there assuming they have a good safety plan, which is part of the K through 12, the school districts approach, the plan at the local level was okay, the governor’s office is giving us the authority to proceed. Our only requirement is we want to see your social distancing safety plan and we want to approve it. And I actually heard just yesterday, there was a handful of contractors that submitted our GCAP safety plan as their company safety plan. And it was approved every time. So that was always good to hear when you spend time creating something and knowing it’s getting used within the industry.
Chris Martin (18:39):
Yeah, absolutely. Especially with such a quick turnaround. Well, let’s just get this because this is a thought that’s been kind of percolating in my head, but potentially when we are back to a, some level of normalcy, not only within the industry, but you know in society as a whole, has there been any talk about what are the steps when we get back to that normalcy? In other words you know, Governor Wolf said, okay we’re going to start off with no big groups of 200. Then it went down to a hundred, then it went to 50 then to 10 and then everybody stay at home. Is there a ramping up? Have you heard that there’s a ramping up process or are we still too early in this process to figure out how we’re going to get back to work?
Jon O’Brien (19:35):
Well they are letting some highway projects resume. I thought that was a no brainer because they’re outside. And when you drive by a highway project, I’m not a highway construction expert by any means, but when you drive by, you don’t see people on top of each other, they’re pretty spread out in the field. So there’s the social distance aspect is covered there. So yeah, let’s approve some projects to proceed. I believe they letting 61 this week and I’m hearing there’s going to be more as far as like I said, the school districts, they’re now in the process of approving projects to proceed. We’ve actually approached the administration and leaders in both the House and the Senate and said, projects are, like I said earlier, if a location doesn’t have any occupants in it, the industry should be able to proceed. I heard word from some legislators that we should legislate, you know, only 10 people on a project at one time, and I don’t know how you quite do that. You know, it sounds like, kind of Russia to me, you know, like how many people can go inside a building and I think that decision’s up to the GC and the subcontractors to manage their workforce.
Chris Martin (20:59):
Yeah. And obviously with a safety plan in place, or at least maybe it’s not GCAP plans that people are using, but their own individual plans. Yeah. There is a policy, but has there also been talks with more on the legal side cause this, that was my first concern when we started talking about job sites, getting shut down and those type of things, we have that with our clients too. But has there been any conversation from a standpoint of contracts and, you know, a start date is now let’s, let’s say this, the pandemic goes into May. That’s my stating this for the conversation. I’m not saying that’s what it is. But if it goes into May and there are job sites that were, or jobs that were supposed to be completed in May, what would be the impact to the actual completion of that project?
Jon O’Brien (22:02):
Yeah. I mean those questions are coming in. It’s just going to be a legal nightmare to answer your questions. It’s going to be, you’re listening to our podcasts. I mean, you have worries about the supply chain and, you know, is the material pricing gonna increase, contract and might’ve estimated steel at X. And now with all the, the issues when the industry comes out full tilt, you know, that price might be jacked up a little bit and, how’s that going to be adjusted? And you mentioned the schedules, how are the schedules going to be adjusted? And then, manpower within the unions I’m hearing now that the unions are creating two lists, a list of people that want to work during the pandemic and people that do not want to work.
Jon O’Brien (23:03):
So now as more projects go, there is a contractor able to work, but do they have enough people and as more projects come out, you’re going to need more people. Yeah. And then plus factor in the projects that can proceed now, the healthcare emergency repairs, the waiver approved projects, the PennDOT projects, there’s more and more projects. And I’m getting word this week that some subs’ workers just aren’t showing up. There was a project in a Harrisburg area where the whole subcontractor team didn’t show up. And they said, we feel as if we’re putting our family at risk by working at this time. And so I mean, legally, what do you do there? I mean, yeah, yeah.
Chris Martin (23:54):
It definitely kind of adds a whole different level to contract management and contract administration. Yeah. Cause I know I’ve talked with other business owners who have said, you know we’re leaving it up to our employees and if they feel like they’re putting themselves in danger or harming their family, you know, there’s also that element. And I know we’re not really gonna talk about this now, cause we’re focusing on the industry, but you know, the element of pay over periods of time, I’ve had people ask me about, you know, our business at Atlas Marketing and how is the pandemic impacting our business? And fortunately for us, for me, my response is, well, you know, it’s impacting us, but it’s not impacting us as much as it is the industries that we work in.
Chris Martin (24:50):
And so, you know, but it’s interesting to hear how other business owners are addressing it. And that comes back to the whole contract administration aspect because that’s going to change the way that things are. Jon, let me ask you this, where do you see this going, like from again from your efforts on the working with the administration with Governor Wolf and his team and other association leaders as well as trade and industry leaders, where do you see this going? Like what do you think are the next steps here?
Jon O’Brien (25:26):
So we had a GCAP call, I think that was about a week ago or so. And you know, they asked where do I see it going? And I said, well let me get out my crystal ball here, let’s see what’s going on here. So I’m kinda off a few days: I thought all highway work would start this past Monday, but it started today I guess. Okay. So I was off a day or two. And then I thought the sixth, this upcoming Monday, I thought that would be a full two week for the shutdown and all projects construction would resume. And then I that all construction would resume Monday the sixth. So I thought it would be highway the first week and then commercial building the next week. But now that these numbers are coming in and Governor Wolf does seem pretty firm in his stance, which is good. You know, he’s trying to do what he thinks his best for the health of Pennsylvania. Sure. It might’ve been a knee jerk reaction at first. Maybe we could have eased into it a little bit more, but, but still, I mean, he has the right intentions.
Jon O’Brien (26:44):
I’m thinking now maybe like the 13th, I think we might need another solid week, you know, of all workers coming back. Okay. Just so you know, as you hear every day in the news, as we needed another week to flatten the curve. So we couldn’t have an interview on the coronavirus without talking about the curve.
Chris Martin (27:05):
That is true. I honestly never heard of that phrase until you know, March of 2020, so
Jon O’Brien (27:12):
Yes, absolutely. Yeah. But still our stance, I mean, that’s me personally, that’s my opinion personally, but within GCAP, you know, the stance is if a project’s unoccupied right now, the industry should be in there finishing the project.
Chris Martin (27:31):
Well on behalf of everyone who works in the construction industry. I thank you for your efforts. I know that you and other association and Building Trades and industry leaders have been working extremely long hours and dedicating yourselves to moving our industry to where it was just a few weeks ago. But thank you. And thank you for sharing this information with us. And as we continue, we’ll provide updates but you know, feel free to download more episodes. We have other episodes of Building PA Podcast available and thank you for listening. And Jon, thank you again for all your efforts.
Jon O’Brien (28:18):
You bet. And if anyone out there has any questions, concerns, comments, and wants to reach me. My email is Jon@keystonecontractors.com or give me a call. Either way, I’m here for you.
Chris Martin (28:33):
Perfect. And then I can attest that he is there. We’ve had so many calls just between he and I just on podcast related information that have been rescheduled or pushed to another day. And I can attest to Jon’s effort for the industry. So again well done and thank you.
Chris Martin (28:54):