ON ROAD THE O F F I C I A L P U B L I C AT I O N O F T H E U TA H A S P H A L T PAV E M E N T A S S O C I AT I O N “ PAV I NG T H E F U T U R E ” ASPIRE: CLEARING THE PATH TO WIDESPREAD ELECTRIFICATION AND DYNAMIC CHARGING
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CONTENTSISSUE 1 2023 © 2023 Utah Asphalt Pavement Association (UAPA) | The newsLINK Group, LLC. All rights reserved. On the Road is published four times each year by The newsLINK Group, LLC for UAPA and is the official publication for the association. The information contained in this publication is intended to provide general information for review and consideration. The contents do not constitute legal advice and should not be relied on as such. If you need legal advice or assistance, it is strongly recommended that you contact an attorney as to your specific circumstances. The statements and opinions expressed in this publication are those of the individual authors and do not necessarily represent the views of the association, its board of directors, or the publisher. Likewise, the appearance of advertisements within this publication does not constitute an endorsement or recommendation of any product or service advertised. On the Road is a collective work, and as such, some articles are submitted by authors who are independent of UAPA. While UAPA encourages a first-print policy, in cases where this is not possible, every effort has been made to comply with any known reprint guidelines or restrictions. Content may not be reproduced or reprinted without prior written permission. For further information, please contact the publisher at 855-747-4003. OUR OFFICES 10808 SOUTH RIVER FRONT PARKWAY, SUITE 368 SOUTH JORDAN, UTAH 84095 2023 BOARD MEMBERS EXECUTIVE COMMITTEE PRESIDENT DougWatson CMT Technical Services PAST PRESIDENT Jeff Collard Hales Sand & Gravel PRESIDENT-ELECT Bup Minardi Mountain Regional Equipment Solutions SECRETARY Cody Rhoades Wheeler Machinery Co. TREASURER Casey Hawkins Geneva Rock Products BOARD OF DIRECTORS Jason Klaumann Granite Construction, Inc. Ryan Dalling Geneva Rock Products Tim Nevenner Kilgore Companies Wayco Bailey HF Sinclair Jim Hulse Mountain States Asphalt Dale Hansen Asphalt Materials, Inc. JaredWright Peak Asphalt Bup Minardi Mountain Regional Equipment Solutions Mike Kurz Staker Parson Materials & Construction Dean Garrett Morgan Pavement Sam Beuke Suncor Energy (USA), Inc. 2 EXECUTIVE DIRECTOR’S MESSAGE 4 UPDATES ON THE ROAD FORWARD 6 ASPIRE: CLEARING THE PATH TO WIDESPREAD ELECTRIFICATION AND DYNAMIC CHARGING 12 PAVING THE FUTURE THROUGH RECYCLING, REUSING, AND SUSTAINABLE DESIGN 15 UAPA FALL EVENTS RECAP 20 UAPA VISITS NCAT 22 2023 UTAH ASPHALT CONFERENCE 23 ASPHALT PHOTOS WANTED 24 MENTAL HEALTH AND SUICIDE: LET’S TALK ABOUT IT 28 OVERSHARING IN THE WORKPLACE? 32 GREEN RIVER AIRPORT RUNWAY RECONSTRUCTION 1
EXECUTIVE DIRECTOR’S MESSAGE Reed Ryan Executive Director The Utah Asphalt Pavement Association Right here in Utah, we have ASPIRE. My bet is that most of us have never heard of this organization – UAPA hopes to change that in the New Year. Welcome to 2023! I cannot think of a better way to kick off the New Year than with a brand-new issue of On the Road, the official publication of the Utah Asphalt Pavement Association (UAPA). Within the pages of this issue, you will find quick glances back to the Fall of 2022 (the craziest fall lineup of events and training that UAPA has ever undertaken to date!), coupled with some interesting articles delving into what the future holds for our industry. 2022 was a banner year for the association in many regards. Beyond the regular scope of training and educational events, the association also undertook several significant changes to specifications and regulations in partnership with various agencies, from the Utah Chapter of the American Public Works Association (Utah APWA) to the Utah Department of Transportation (UDOT). These changes will bear fruit for our shared industry in 2023 and beyond, and I am excited to have a full construction season ahead to see these changes take full root. However, beyond specifications, 2022 also saw UAPA take on and work through significant proposed changes with the Utah Department of Air Quality (UDAQ) and the Utah Public Service Commission. As a collective, UAPA and its members represented the industry well in both instances. I am beyond humbled that the association is now, after ten years of a lot of hard work, able to stand in these positions and give voice to our specific industry with outside partners. This work comes at a cost of both time and resources, financially and otherwise, from the association and its members, but it is clear to see that this is where UAPA now belongs. Looking back, I know how we got here, but continually looking back is never a strategy for success, so let us also look forward. Right here in Utah, we have ASPIRE. My bet is that most of us have never heard of this organization – UAPA hopes to change that in the New Year. Indeed, 2023 is the year we need to start bringing answers to the table around some big questions. Questions such as, what does the electrification of our infrastructure in Utah look like? How does asphalt fit into that picture as the material of choice when we task our roads with charging cars as they drive? What does the proliferation of electric vehicles (EVs) in general do (or, more importantly, currently not do) for our funding mechanisms and structures? How can we move towards greater sustainability through principles of balanced mix design, greater use of warm mix asphalt (WMA), and other readily available advancements and technologies? Most important of all, how do we address the elephant in the room when it comes to suicide and our industry? Frankly speaking, I do not have all the answers, but I am ready to talk about all of this – and not only talk about this but do what UAPA has always done, lead on these issues, and many others. I am hopeful this issue of On the Road will provide you with both some answers and questions. Looking back on the Fall of 2022, we really did a lot. In 2023, there is all this and A LOT more to come for UAPA. Big changes and small. Until then, be good, work hard, and best wishes for 2023! WHAT’S BEHIND. WHAT’S AHEAD. 2
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UPDATES ON THE ROAD FORWARD Launched in January of 2022, the aim of The Road Forward is to educate all industry stakeholders regarding the efforts to achieve net zero carbon emissions and then share what can be learned when all of us travel the road together. To promote this education, NAPA created “The Road to Zero” webinar series. To better understand the vision of The Road Forward, identify the work that lies ahead, and make a commitment to take action, anyone interested is invited to take part in some, or all, of these educational seminars. The 2022 webinars can be found at AsphaltPavement.org/Forward. Included are such webinars as: • An Introduction to The Road Forward • The Results Are In: NAPA & FHWA’s Recycled Materials • Warm Mix Survey • An Introduction to LCCA & LCA: The Tools of the Trade for Life Cycle Thinking • The Low Hanging Fruit: Readily Available Technologies and Practices to Reduce GHG Emissions TO WATCH THESE WEBINARS, SCAN THE BELOW QR CODE: https://www.asphaltpavement.org/climate/webinars-events 4
CLEARING THE PATH TO WIDESPREAD ELECTRIFICATION AND DYNAMIC CHARGING Established in 2020, Advancing Sustainability through Powered Infrastructure for Roadway Electrification, or ASPIRE, is a National Science Foundation-funded research center headquartered on the Utah State University campus. Its main purpose is to support the widespread adoption of electric transportation through developing technologies and clearing barriers leading to low-cost, universal charging infrastructure. ASPIRE is comprised of 10 total universities – five partner universities – Utah State University, Purdue University, University of Colorado Boulder, The University of Texas at El Paso, and University of Auckland, New Zealand – and five additional affiliated campuses, including Cornell University, Virginia Tech, University of Colorado, Colorado Springs and Colorado State University. More than 60 industry, government and nonprofit members from all sectors of electric transportation assist and collaborate with projects as a part of ASPIRE’s Industry and Innovation Board, including four national labs – National Renewable Laboratory, Idaho National Laboratory, Oakridge National Laboratory and Argonne National Laboratory. As a research center, ASPIRE is organized around five thrusts: Adoption, Power, Equity, Data and Transportation. Each is an important part of the ASPIRE research portfolio with ties to interrelated projects ranging from charging stations and electrified roadways to learning and engagement. The Adoption Thrust explores the impacts that society and industry have on the adoption of transformative technology. By ASPIRE Staff, Dr. Marv Halling, Utah State University, and Dr. John Haddock, Purdue University This can include interest groups such as policymakers and corporations. The Equity Thrust focuses on K-12 engineering education, community engagement and diversity to ensure people of all groups are involved, while the Data Thrust utilizes experts in the field to create multi-model data fusion, theory and application, network systems optimization and much more. The Power Thrust addresses technical questions related to hosting electric vehicles within transportation and electric power distribution networks. Those involved in this thrust seek to integrate static and dynamic power into grid management systems and control of vehicle batteries. Lastly, the Transportation Thrust focuses on two aspects of the transportation sector – electrified infrastructure and systems. The main challenge for pavement integration is finding practical solutions that can readily be adopted by the industry, public agencies and stakeholders. The ASPIRE Research Center has a number of electric vehicles used for demonstrations, including a fully electric bus. ASPIRE: 6
Fundamental developments in these areas are crucial to all enabling technologies and engineered systems. The main challenge for pavement integration is finding practical solutions that can readily be adopted by the industry, public agencies and stakeholders. Currently, basic and applied research on integrating wireless charging, cooling and connectivity in pavement systems is underway. Economical approaches and durability are also areas that must be addressed to move technological advances into testbed, pilot and practical applications. The long-term interaction of these units with pavement and vehicles, especially vehicles in motion, during their life cycle needs to be investigated and engineered. Implications of universal charging on driver behavior and transportation systems modeling and control is also a completely new field that requires investigation. That is where UAPA comes in. Electrified roadway pavement systems must be designed and constructed with embedded dynamic and semi-dynamic wireless charging capable of supporting the co-optimization of electrical, electromagnetic, thermal, structural, cyber-physical and economical aspects of the system. In the last two years, ASPIRE has managed to lead the way for more durable, maintainable and cost-effective pavement structures with embedded wireless charging capability able to serve a variety of vehicles. ASPIRE’s electric vehicle and roadway test facility is a quarter mile of track able to test and demonstrate stationary and in-motion wireless charging, grid integration and real-time vehicle interaction. Packed with its own 1.28MW solar power micro-grid, 100kw/kWh battery, 750kW utility connection and a 250kW battery, several pilots are able to be conducted by the center and its members. The facility will be expanded over the next 18 months to include heavy-duty lanes and hardware in the loops. ASPIRE and its partners are currently working on a number of pilots across the United States, including one in Utah related to the Utah Inland Port. The goal is to lay the groundwork for electrified transportation in Utah to improve air quality and stimulate economic growth. This groundwork will also result in a reduction of overnight diesel pollution and cost while improving the utilization of dynamic charging for heavy-duty trucks and forklifts. If you are interested in obtaining more information about the ASPIRE NSF ERC, please contact Don Linford at don.linford@usu.edu or 435-797-9619. Students are given opportunities through ASPIRE to conduct research and get hands-on, real-time experiences to further their education. 7
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PAVING THE FUTURE THROUGH RECYCLING, REUSING, AND SUSTAINABLE DESIGN America’s most recycled material is asphalt. Reclaimed asphalt pavement (RAP) is a valuable by-product, and there is a lot of it available for use. According to a 2019 survey by the National Asphalt Pavement Association (NAPA) in partnership with the Federal Highway Administration (FHWA), 97 million tons of RAP have been reclaimed by our industry for future use. Using RAP instead of new materials not only saves scarce natural resources like aggregates but is also environmentally friendly and cost-effective. Using RAP is considered green, which is a big incentive to recycle and reuse asphalt. Figures from the National Asphalt Pavement Association (NAPA) estimate that greenhouse gas emissions net reduction from the use of RAP in new asphalt mixtures from 2009 to 2019 was estimated at 21.2 million tons of CO2e. This is equivalent to the annual emissions from approximately 460,000 passenger vehicles. In 2019, more than 97 million tons of RAP were recycled in new asphalt pavements and other civil engineering applications, saving 58.9 million cubic yards of landfill space. Annually, 89.2 million tons of RAP are used in new asphalt pavement construction throughout the United States. As a fully recyclable product, RAP has many applications, and can be used over and over again, reducing the need for costly virgin materials. More than 94% of RAP is used in new asphalt mixtures, while a small percentage is incorporated into other civil engineering applications like unbound aggregate bases. Nationally, RAP is utilized at an average rate of 21.1% in new asphalt mixtures. Contractors and customers alike are always looking for ways to stay under budget without sacrificing quality. That’s where RAP comes in – it can help reduce waste and provide a costeffective alternative to pricier materials. Each year, an average of $3.3 billion is saved by using RAP. Nationally, the average 21.1% RAP used in new asphalt mixtures saved $7.80 per ton, and that is impressive. The use of RAP means less reclaimed asphalt is winding up in landfills. Additionally, as technology progresses, the percentage of asphalt that can be recycled increases and further reduces any negative environmental impact asphalt production might cause. Today, more projects are featuring increased amounts of RAP, meaning there’s less waste, lower costs, and higher quality results. Recycling is just one of the reasons that asphalt is considered one of the most sustainable pavements. The industry is continuously exploring methods and practices to contribute to sustainable infrastructure and a healthy environment for future generations. Asphalt pavements that are constructed as Perpetual Pavements, that never need to be removed or replaced, do just that. The concept of Perpetual Pavements has been around for 20+ years. These are asphalt pavements that are designed and built to last longer than 50 years without requiring major structural rehabilitation or reconstruction – needing only occasional surface renewal in response to distress on the top layer of pavement. 12
The construction of Perpetual Pavements does not differ from normal best practices. Planning is the key. It is important that attention be given to all stages of the production and placement of the material. The foundation should be strong and consistent to support traffic loads. The density and uniformity of asphalt mixtures are critical to the long-term health of the pavement. Careful attention must be given to the proper design of lift thicknesses, proper material selection and mix design, alongside appropriate construction practices. Additionally, bonding between pavement layers has also been shown to be essential to the long-term performance of the pavement structure. Quality control procedures are a must throughout the construction process. The advantages of Perpetual Pavements include: • Lower lifetime maintenance costs by avoiding deep pavement repairs or costly reconstruction • Minimal user delay as the minor surface rehabilitation of asphalt pavements only requires a short work window that can avoid peak traffic hours • Low environmental impact: ° Reducing the number of material resources over the pavement’s lifetime ° Recycling any materials removed from the pavement surface The cost savings and increased life expectancy of Perpetual Pavement projects are endless, and we can’t afford to ignore that fact. Both high-volume highways and interstates and low-volume county roads and city streets can reap the benefits of Perpetual Pavement. Even if those structures were not originally designed or built to perpetual specifications, Perpetual Pavement can be achieved by increasing pavement thickness one inch of asphalt at a time – that extra inch of asphalt will pay for itself many times over by reducing longterm maintenance costs and doubling the life expectancy of the road itself. Research continues at Perpetual Pavement test sites and facilities around the world. The data from these tests have shown that Perpetual Pavements are performing as well or better than expected. Long-life asphalt pavements have been shown time and time again to have lower life cycle costs than concrete pavements or conventionally designed pavements. The Asphalt Pavement Alliance’s (APA) Perpetual Pavement Award program has nearly 70 examples of long-lasting asphalt pavements. The awarded projects shine a spotlight on the long-term performance of well-designed and well-constructed asphalt pavements. To learn more about these projects, you can visit the APA’s website at www.driveasphalt.org. As you know, the asphalt industry plays a major role in keeping carbon emissions low, while simultaneously continuing to build a resilient transportation network that will move generations to come. In January of 2022, NAPA introduced The Road Forward program and its vision for zero net carbon emissions by 2050. Each of us can do our part to make this happen by paying attention to the products we use, the roads we build, and by working together to achieve our industry’s goal in the very near future. Outsourcing HR management and focus resources towards more important aspects of business. Email today, to schedule a free consultation! info@wtapeo.com 13
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UAPA FALL EVENTS RECAP October started out with the sixth installment of the Asphalt Inspection Certification Course and two Lunch & Learns. The Central-Eastern Utah Regional Leadership Council hosted a Live Crack Seal Demo Lunch and Learn in Vernal, UT, on October 19. Attendees were able to see a demonstration of the crack seal process in a parking lot and walking path, all while enjoying lunch and networking with peers and friends. The Northern Utah Regional Leadership Council, along with ASPIRE, hosted another Lunch and Learn at Utah State University on October 24. The ASPIRE program is researching and developing technology to electrify roadways right here in Utah at USU. Attendees were able to tour the research lab and test track and learn about the new technology. It’s been a busy couple of months here at UAPA, and things are not slowing down anytime soon. continued on page 16 15
On November 1, UAPA was back in Vernal, UT, for the first Central-Eastern Utah Asphalt Summit. The Summit hosted nearly 90 attendees who were able to hear educational sessions about regional updates, asphalt mixes, road maintenance, and double chip seals using CIR. Senator Mike Lee also popped in for a short speech. The Summit ended with an equipment rodeo where several teams competed for prizes. The Women of Asphalt, along with Terracon, hosted an asphalt lab tour on November 8. Women and men were able to tour the lab, ask questions, and network with peers in the industry. continued from page 15 16
The UAPA Fall Conference returned to St. George, UT, November 10-11. The Conference hosted over 170 attendees and 18 exhibitors for the biggest conference to date. The general and breakout educational sessions included specification updates, pavement preservation roundtable, quality assurance, local project spotlights, HiMod asphalt, and more. Attendees donated over $3,500 towards the UAPA Scholarship Fund, which will provide scholarships to a few local applicants to be awarded at the Utah Asphalt Conference in March. UAPA, along with 110 golfers, spent the day at Copper Rock Golf Course for the Fall Conference Golf Tournament. The tournament was COLD, but the golfers were good sports and had a good time. We want to thank everyone who attended, exhibited, sponsored, and supported our events this fall. Without you, none of this would be possible. 17
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UAPA VISITS NCAT 20
The National Center for Asphalt Technology (NCAT) hosted 31 UAPA members for the first-ever UAPA trip to NCAT. The trip educated and informed all who attended on the latest research and trends in the industry. Attendees were able to tour the NCAT laboratories, take a walking tour of the Lee Road preservation sections and NCAT pavement test track, and hear presentations on balanced mix designs, high-performance thin overlays, and highly polymer modified (HiMA) track research from some of the top professionals in the industry. In between the presentations and tours, attendees were able to have a little fun golfing at the Grand National Golf Course and attending the state championship high school football game at Jordan-Hare Stadium, along with sampling some yummy local food and enjoying dinners with the NCAT staff. Overall, the trip was a tremendous success as each attendee was able to take advantage of the unique opportunity to engage and ask questions of NCAT staff and each other. New friendships were formed, speed records were broken on the test track for a 15-passenger van, and everyone had a great time and came away better for it. Call us today. (800) 488-2436 | Salt Lake City, UT brodychemical.com We’ve been providing the asphalt pavement industry here in Utah with asphalt-release products that are safe and the highest of quality since 1991. 21
SAVE THE DATE! Mountain America Expo Center | Sandy, Utah THE UTAH ASPHALT CONFERENCE (UAC) IS THE PREMIER ASPHALT-RELATED EVENT IN THE STATE OF UTAH. Join us for the 2023 UAC and learn more about the tools, technologies, and best practices you need to accomplish your goals. Sponsorships are available. Register today or sign up to be a sponsor by scanning the QR code: During the first night of the conference, we will hold our Second Annual UAC Networking Dinner & Social Hour at Topgolf from 6pm-8pm, where you can network, have fun and socialize with your peers. Register for the Topgolf event by scanning the QR code: U TAH AS PHA L T PAV EME N T ASSOC I AT I ON U TAH AS PHA L T CON F E R E NC E MARCH 28 - 29, 2023 https://events.r20.constantcontact.com/register/ event?oeidk=a07eji1xnji8de9db81&llr=vq5zhinab https://events.r20.constantcontact.com/register/eventReg?oeidk=a07ejizdvv4cc9d1833&oseq=&c=&ch= 22
ASPHALT PHOTOS WANTED Please call Keri at the UAPA offices with any questions 801-984-8192. ON ROAD THE O F F I C I A L P U B L I C AT I O N O F T H E U TA H A S P H A L T PAV E M E N T A S S O C I AT I O N “ PAV I NG T H E F U T U R E ” ASPHALT PROJECTS THE BEST I Uta Picturin ON ROAD THE O F F I C I A L P U B L I C AT I O N O F T H E U TA H A S P H A L T PAV E M E N T A S S O C I AT I O N “ PAV I NG T H E F U T U R E ” ASPHALT PROJECTS THE BEST I Uta Picturin ON ROAD THE O F F I C I A L P U B L I C AT I O N O F T H E U TA H A S P H A L T PAV E M E N T A S S O C I AT I O N “ PAV I NG T H E F U T U R E ” ASPHALT PROJECTS THE BEST I Uta Picturin We want photos of the best asphalt projects in Utah, and who better to send them in than our members? Winners will receive a gift card to Cabela’s and a chance for their photo to be on the cover of On the Road magazine. Please submit photos to Keri at Keri@utahasphalt.org in high-resolution digital files (300 dpi, minimum photo size 9”x11.5”, TIFF, JPG or PDF format). We can’t wait to see your photos! Deadline February 28, 2023 23
Preventing suicide occupies people’s thoughts in various industries: teaching, food service, emergency first responders, air traffic controllers, and the construction/asphalt industry. When suicide happens, it affects not only the families and friends of the victim but co-workers too. According to SAFE.org, there is one suicide death every 11-and-a-half minutes, and for every suicide death, there are 25 suicide attempts. It is the twelfth leading cause of death in the U.S. Less than three years ago, the Centers for Disease Control and Prevention reported that the construction industry (including asphalt production) had one of the highest rates of death by suicide – 5,242 in 2018 – a number five times higher than jobsite fatalities in the U.S. On the first day of Suicide Prevention Month 2022 (September), Associated Builders and Contractors called upon the entire construction industry to strengthen human health and decrease the number of deaths by suicide among its workers. “This is a national tragedy, and we must end these unprecedented, unacceptable and devastating deaths among our colleagues,” said Greg Sizemore, ABC Vice President of Health, Safety, Environment and Workforce Development. “Construction workers work with tools every day, and we must equip these 7.7 million workers with the tools they need to prioritize mental health and protect their emotional well-being. They will use them.” Indeed, the idea of skyrocketing numbers of suicide victims within the construction industry came to the attention of the Construction Financial Management Association (CFMA) in 2016. The group, now known as the Construction Industry Alliance for Suicide Prevention (CIASP), gathers support from unions, associations, contractors and mental health organizations across the nation. Some of the largest organizations in the construction industry support CIASP’s efforts, including the Associated Builders and Contractors, the National Association of Home Builders and The Associated General Contractors of America. MENTAL HEALTH AND SUICIDE LET’S TALK ABOUT IT “It is time to shatter the stigma surrounding mental health issues with the goal of creating a zerosuicide industry.” 24
“The risk factors for construction workers aren’t new,” said Michelle Walker, a CIASP board member who also serves as VP of finance and administration at SSC Underground in Phoenix. “A stoic, independent, tough-guy mentality may keep workers from seeking help. Others may not offer help because they don’t feel comfortable intervening.” According to The Asphalt Pro, Ajax Paving Industries in Florida decided to confront the topic of suicide within their industry head-on. They held departmental meetings with all their teams, determined to get right to the complex issue of mental health. However, it was difficult to get people to really open up about such a complicated issue. So, when the meetings failed, Ajax leadership hosted a Safety Day in January 2022. Over 430 employees attended. While not explaining the entire situation, Vince Hafeli, the company president, explained that “he had been there.” Although he did not share details, his statements resonated. Afterward, employees were more open to discussing the topic, thanking management for giving them resources, claiming it was long overdue, and proclaiming it a “great discussion on mental health.” Ajax Paving continues its journey to mental wellness and took the pledge with CIASP. Some things to consider: men are twice as likely to die by suicide as women, and the demographics in the industry certainly play a role: over 96% of workers are men. Other risk factors might involve chronic pain due to the physicality construction jobs demand, substance abuse, shift work that often disrupts sleep, and time away from home. In the construction industry, three workers will die from work-related accidents on any given day. But 15 will die from suicide. “It is time to shatter the stigma surrounding mental health issues with the goal of creating a zero-suicide industry,” said Sizemore. “Employers can build a resilient workforce by providing access to resources to improve total human health: physical, mental, emotional, social . . . intellectual, financial, occupational and spiritual wellness.” The CIASP developed a Suicide Prevention Integration Checklist to assist construction companies in building their mental health promotion and suicide prevention in the workplace. This checklist was designed for company leaders to evaluate who will be responsible for its implementation. Since every company is operated differently with unique needs and resources, some parts of the list might only apply in some situations. The Integration Checklist is broken down into five parts: 1. Corporate attention to and consideration of mental health 2. Resources in place for employees dealing with mental health issues 3. Readiness within the company to deal with suicidal employees 4. Building protective factors 5. Crisis response • Appearing sad or depressed • Increased tardiness and absenteeism • Talking about feeling trapped • Expressing a desire to die • Decreased productivity at work • Isolating from others at work • Extreme mood swings • Increased use of drugs or alcohol • Decreased self-confidence • Feeling hopeless and helpless • Sleeping too much or too little • Acting anxious, agitated, or reckless • Neglect of appearance of hygiene • Withdrawing from family and friends • A feeling of being a burden to others • Decreased problem-solving ability Employers should incorporate mental health protections to prevent suicide in the workplace. But before doing this, they must first recognize the warning signs of a potential suicide. Those signs include: continued on page 26 Scan the QR code to download the Suicide Prevention Integration Checklist. https://www.nahb.org/-/media/NAHB/advocacy/docs/ legal-issues/construction-liability/trending-now/suicide-prevention-analysis-integration-checklist.pdf 25
Once a company has conducted its analysis and understands the readiness and need for implementing the checklist, take action to determine who might be in need. Importantly, this checklist should not be considered a “one-and-done” portion of a company’s processes and procedures. It should be a fluid, ever-present, update-when-necessary segment that is reviewed, studied and trained frequently. All managers, supervisors and even line employees must be aware of the company’s commitment to addressing risk factors and preventing suicide. CIASP wants to encourage construction industry employers to do whatever it takes to prevent possible suicides. They suggest making suicide part of company conversation so that talking about it becomes easier and less formal to get people comfortable with the topic. They ask that everyone STAND up to prevent suicide in the construction industry: Safe: Create a culture in which team members feel safe to ask for help or speak up if concerned about their fellow co-workers. Training: Make suicide prevention training available to all team members so they can recognize the warning signs and be equipped to help those at risk. Awareness: Raise awareness by sharing the message of suicide prevention through organizational activities such as training, safety meetings, toolbox talks, team meetings, newsletters, and social media posts. Normalizing: Normalize the topic of suicide prevention as a health and safety priority by talking about suicide, suicide prevention, and mental health. Decreasing: Help decrease the risk of suicide in construction by ensuring all team members have access to an awareness of CIASP’s action plans, behavioral health benefits, screening tools, community crisis support, the suicide prevention lifeline, and crisis text line. Something else to consider: suicide postvention. Postvention is described as the provision of crisis intervention and other support after a suicide has occurred to address and alleviate possible effects of suicide. The impact of traumatic events often leads people to react impulsively in ways that might cause further damage. It is important to stabilize your workforce as soon as possible to facilitate a return to what will certainly be a “new normal.” Perhaps the easiest way to present the message that your company takes addressing and preventing suicide seriously is to make sure they see that you do. You can easily do this with posters strategically placed in breakrooms, kitchens, restrooms, hallways and other communal spaces. The message does not have to be grand in nature nor elaborate in design; post the following information: HELP IS WITHIN REACH: • Visit www.preventconstructionsuicide.com • Call 988 or 800-273-TALK (8255), the National Suicide and Crisis Lifeline • Text HOME to 741741, the Crisis Text Line • Visit www.crisistextline.org • Visit mentalhealthscreening.org for a mental health screening While suicides do not usually happen at work, this does not mean they cannot or that the industry is not suffering substantial costs. Implementing any – or all – of the suggestions outlined above can go a long way to making your business, and the asphalt industry, more prepared in the event of a tragedy. continued from page 25 Something extra for UAPA members: You can watch the webinar “Shining Light on Mental Health & Suicide Prevention” presented on March 2, 2022, to the Women of Asphalt by Cal Beyer, Vice President of Holmes Murphy & Associates, and Vince Hafeli from Ajax Paving. This webinar is hosted at the Women of Asphalt website on the Conversations to Lead and Inspire page, you can find it online at youtube.com/watch?v=hgvBKRqFoAA or scan this QR code. 26
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By now, many of us have seen a TikTok video filmed at someone’s workplace – a “day in the life” video, someone complaining about their coworkers, supervisors, or customers, or someone talking about an unrelated subject while at the office. And a relatively new platform, BeReal, goes a step further by encouraging users to provide an unfiltered view into their “real” everyday life at random moments throughout the day. Of course, such organic social media clips can be a valuable tool that helps market your brand and build stronger employee relationships – but where do you draw the line? These posts might include employees performing their duties during a meeting with co-workers or at a workstation, which raises privacy and confidentiality concerns. Moreover, employees flocking to social media to discuss their bosses and general work experiences – positive or negative – could lead to other troubles. When these videos go viral, employees may become unofficial spokespersons for your organizations, influencing the conversation about work norms and creating trends that impact employers globally. With these changing dynamics, you may want to set new guidelines for social media use while ensuring your policies don’t run afoul of employment and labor laws. Here are four tips for updating your social media policies to reflect this modern era and stay on top of the latest developments. 1. Ensure Policies Reflect Recent Trends In the early days of widespread social media use, your policies may have simply prohibited employees from using company equipment to post non-work-related content online and required work posts to be business appropriate. But social media use is rapidly evolving in new ways that you may not have anticipated when your policies were first drafted. What should you know about current trends as you consider policy changes? For one thing, TikTok has quickly grown in popularity over the past two years with more than a billion monthly active users – which means your employees are likely using the platform and are probably doing so during work hours. The app allows users to upload videos from five seconds to 10 minutes. TikTok then filters videos through their feed using an algorithm and shares them with other users. These videos may receive millions of views, comments, likes, and shares. While TikTok is popular, it’s obviously not the only platform featuring employees on the job. Unlike TikTok – where users are hoping to go viral – the BeReal app takes a less sensational approach. BeReal doesn’t have filters, hashtags, or even followers. To view someone’s BeReal, you have to request to be their friend. The app encourages users to provide an unfiltered view into their “real” everyday life. Each day at a different time, the app simultaneously notifies all users to “BeReal” and share a photo within two minutes, regardless of their location. The camera on the app will then take a photo of the user with the front-facing camera while also taking a photo on the back camera, creating a BeReal snapshot to share with friends. This app can be potentially problematic for employers. Many times, BeReal alerts occur during work hours, so users end up taking pictures of their workplace or work area. Because BeReal is shared among friends, the app may create a sense of safety, and users might forget to censor confidential information. Moreover, while BeReal doesn’t have the same “viral” nature as TikTok, that doesn’t stop users from sharing their posts beyond the app on other platforms. This trend illustrates that the new generation of workers values the transparency these apps provide, with many not considering that their candid photos may also reveal company information. OVERSHARING IN THE WORKPLACE? WHY YOUR COMPANY MAY NEED A TIKTOK AND BEREAL POLICY By Fisher Phillips 28
2. Strike a Balance Before you decide to curb all TikTok and BeReal posts from the workplace, you should recognize that such posts can pay dividends. Employees who are active on social media may be more equipped to understand the social pulse of the company’s customer base. Additionally, allowing employees to contribute to company-sponsored social media posts shows that the company trusts them, which can increase confidence and make employees feel valued. Furthermore, social media networking may help employees collaborate, share ideas, and solve problems. This can lead to better employee engagement and retention. Moreover, utilizing social media in the workplace can make the company more desirable to potential applicants, particularly Gen Z and Millennial job seekers. Social media is here to stay, and employers should recognize that policies barring all forms of social media use in the workplace may be unrealistic. In fact, about 72% of respondents to a 2021 Pew Research Center survey said they use some form of social media and 77% of respondents to an earlier survey reported using social media regardless of whether their employer had a policy in place. While not every company can allow on-the-job posts, those with flexibility might want to dedicate resources to creating a mutually beneficial, collaborative policy around social media use in the workplace. For example, allowing employees to share their experiences with your company through social media may promote transparency and provide job seekers with credible information on what it’s really like to work for your business. 3. Address the Potential Pitfalls While employers may benefit from employees’ on-the-job social media posts, you should address potential dangers, including legal and business concerns. Of the many legal concerns, the most glaring are privacy protections and confidentiality. As employees capture authentic moments during the workday for BeReal or post TikTok “day in the life” videos, they frequently walk around the workplace, recording offices, conference rooms, common spaces, the cafeteria, and more. The videos may inadvertently capture confidential information, such as audio of an internal meeting, the image of a client’s name, or a trade secret. Confidentiality issues also arise with employees who work remotely. For example, employees may take a video of their innovative at-home workspace while a Zoom meeting is in progress or while their computer screen displays proprietary information. You should also be cognizant of how allowing employees to post on the job can potentially harm your organization’s reputation. TikTok and BeReal attract users who want to be continued on page 30 29
authentic rather than staged, heavily filtered, or otherwise inauthentic. Thus, employees who choose to post on these platforms do not shy away from capturing the “realness” of their job. This, in turn, can lead to your employees sharing information that negatively affects the company, such as human resources concerns (including allegations of unprofessional comments made by colleagues), complaints about working conditions, and products liability issues. All of these discussions raise reputational and legal concerns that you should consider. 4. Set Realistic Parameters With these benefits, risks, and (pop) cultural considerations in mind, what should your modern social media policy include? If you already have a solid employee handbook, a good place to start is by reminding employees that your existing policies still apply when using social media platforms. For example, an equal employment and harassment-prevention policy would cover discriminatory or bullying behavior towards colleagues whether online or in person. You should remind employees who they should contact when they have a workplace concern. Additionally, let employees know that confidentiality policies apply when sharing content, so their computer screens and documents should not be visible in the background. However, depending on the nature of your business and your employees’ roles, you may want to create a more targeted policy on social media use. For instance, you may have different risks to manage if you encourage employees to engage with your brand, employ a younger workforce, or otherwise have a strong social media presence. As you likely know, your policy should be in writing and followed consistently. Where to go from there is more complicated. The explosion in social media use has only highlighted how regulating employee speech is difficult, nuanced, and occasionally backfires. But, of course, there are still some best practices: • Develop policies in collaboration with legal counsel, HR, technology, communications, and diversity, equity, and inclusion (DEI) teams. Be sure the policy matches the company’s voice and recognize that this is not a onetemplate-fits-all exercise. • Use plain language and examples. “Do not share patient x-rays, even if their name is covered” is more helpful than “Posting patient information will subject employees to discipline up to and including termination.” • Keep up with guidance from the National Labor Relations Board (NLRB) – which is subject to change. Note that blanket bans on discussing wages or complaining about supervisors or working conditions are not permissible under federal labor law. The Trump administration issued an employer-friendly rule to evaluate whether a policy interferes with employees’ rights to organize and engage in protected concerted activity. However, that ruling is potentially on the chopping block in a pending NLRB case. If the NLRB reverts to the prior, more restrictive evaluation, policies currently compliant could suddenly run afoul of the National Labor Relations Act (even in non-unionized work settings). This includes seemingly benign provisions about “respectful” content and limits on who is authorized to speak to the media. • Confirm applicable state laws. There is a legislative trend to prohibit employers from requiring employees to engage with social media as a condition of employment or even to ask for their social media usernames as part of a job application. • Develop a plan for consistently responding to policy violations. Two employees violating the same rule, in the same way, should not be treated differently based on whether they tripped the algorithm and went viral. Relatedly, consider the reputational risk of a too-harsh response – someone fired for social media content may likely use the same platforms to discuss their termination. Conclusion If you have questions regarding your social media policy, contact your Fisher Phillips attorney, the authors of this Insight, or any attorney on our Data Security andWorkplace Privacy Team. We will continue to monitor developments in this area, so ensure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information. The authors wish to thank Law Clerks Taric Mansour and Jazmin Luna for their work co-authoring this Insight. Furthermore, social media networking may help employees collaborate, share ideas, and solve problems. This can lead to better employee engagement and retention. continued from page 29 30
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