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February E Newsletter 2022

February 2022
 
Register NOW for the 6th annual ‘California Boating Congress’ . . . Your Opportunity to Make a Difference!
After more than two years of COVID restrictions limiting our ability to interact with state legislators and regulators, this year’s California Boating Congress is more important than ever.
 
The 2022 CBC, sponsored by the Marine Recreation Association, is set for April 18 & 19, 2022 at the Hyatt Regency Hotel Conference Center in downtown Sacramento, kicking off with an evening Welcome Reception on the 18th and a full day of interactive hybrid events on the 19th.
 
Attendees at this year’s hybrid event will be able to participate by logging into the different meetings and participating on-line or by attending in person. Meetings and presentations are being set up now with a number of key legislators and regulators who have an interest in our issues, including Wade Crowfoot, California Natural Resources Secretary, and Armando Quintero, Director, California Department of Parks & Recreation.

Registration for this important event is now open at www.marina.org/events/6th-annual-california-boating-congress
 
Among the critical topics this year are 1) the impact of the drought on boating access at reservoirs, and what the state is doing about it; 2) boating infrastructure needs, including docks, launch ramps, pump-out stations, and electric boat infrastructure; 3) DBW funding programs, including the Revolving Fund; 4) DBW Budget & Administration concerns, including the current budget deficit and appointment of a Senate confirmed department head; 5) CARB emissions regulations for commercial fleets and potential impact on recreational boating; and 6) the 365-Day fishing license implementation.
 
Special room rates for the CBC are available now at the Hyatt Regency Sacramento for stays from 4/18/22 thru 4/20/22. To make reservations call Hyatt Reservations at 916-443-1243 0r 800-233-1234, or book online at www.hyatt.com/en-US/group-booking/SACRA/G-MRAS and be sure to mention Group Code: G-MRAS. There are a limited number of rooms available so register early!
 
This year’s Congress is being co-hosted by the MRA and ten other boating related groups, including the National Marine Manufacturers Association, California Marine Affairs and Navigation Conference, Boat U.S., Personal Watercraft Industry Association, California Delta Chambers & Visitors Bureau, Recreational Boaters of California, Sacramento Valley Marine Association, California Association of Harbor Masters & Port Captains, California Yacht Brokers Associations, and the Sport Fishing Association of California. 
 
Over the years the California Boating Congress has proven the value of communication between boaters, the marine industry, and California state legislators and regulators in effectively shaping future boating policy, funding, and regulation. Make your input and views known by attending this important event!
For more information and to register for the 6th annual CBC, visit https://www.marina.org/events/6th-annual-california-boating-congress or contact Mariann Timms at (209) 334-0661
 
The Marine Recreation Association is a professional organization that represents marina owners, operators, and industry professionals located throughout the western United States with additional members in Canada, Mexico, and Australia. Created more than 50 years ago, the MRA actively promotes and represents recreational boating interests while providing educational management and operations seminars, and information for marine industry owners, operators, and staff.
 
For additional information about the MRA, and all of its activities and interests, contact Mariann Timms by phone at (209) 334-0661, email at mra@marina.org or go online at http://www.marina.org.
 
California Mandates Paid Covid Sick Leave
 
By Alexander Nieves
 
California businesses with more than 25 employees must now offer paid Covid sick leave under legislation Gov. Gavin Newsom signed Wednesday, February 9, 2022.
 
Impact: The new law applies to roughly 75 percent of California workers, many of whom have been without supplemental paid leave since the state let its Covid leave mandate expire last fall. CA SB 114 (21R) is retroactive to Jan. 1 and represents a significant win for labor groups, which have argued state leaders were irresponsible for allowing sick leave protections to lapse.
 
The details: The bill requires covered employers to provide up to 80 hours of additional sick leave, some of which can be used to care for a Covid-positive family member or a child whose school or childcare facility closes for Covid-related reasons.
 
Workers must provide proof of a positive Covid test to access the last 40 hours of leave, a concession to businesses groups that raised concerns about fraud.
 
Most California employees are guaranteed three days of sick leave under the state’s permanent law. Federal guidelines from the Centers for Disease Control and Prevention recommend that workers isolate for five days after testing positive, while some California counties and cities require longer isolation periods.
 
Small businesses exempt: Employers with 25 or fewer workers are not subject to the new mandate. That accounts for more than 90 percent of all California businesses and around a quarter of the state's workforce, according to the Employment Development Department.
 
The small-business exemption carries over from the state law that expired last year, which lawmakers say they left unchanged to avoid lengthy negotiations. Some lawmakers, like state Sen. Maria Elena Durazo (D-Los Angeles), have argued the carveout hurts low-wage workers, who are more likely to work for small employers.
 
Tax breaks: Newsom also signed a separate bill, CA SB 113 (21R), that lifts a $5 million cap on business tax breaks and allows taxpayers with at least $1 million in business income to deduct operating losses. Those programs had been on pause since the early days of the pandemic, when the state was bracing for a budget shortfall that never materialized. California now enjoys an estimated $46 billion surplus. 
The measure also sets aside $150 million in funding to small businesses waitlisted in California’s small business grant program.
 
What’s next: Lawmakers are expected to debate whether businesses subject to the sick leave mandate should receive direct state aid as part of the June budget.
 
Save the Date 50th Anniversary Conference
 
A New Year with an old Pandemic?
 
“Are we there yet?” is the question often asked on the family vacation. Many adults have likely had a child ask that question to the point of total frustration. The Pandemic likely falls into a similar category. “When will this be over?” is the question commonly being asked. It is hard to believe we are now about to enter a third year with COVID 19 in our lives. As 2022 begins, here are a few things to keep in mind.
The OSHA 300 Logs.
 
One of the most often overlooked OSHA Recordkeeping requirements is the OSHA 300 series documents which record the occupational injuries or illnesses sustained by employees during the calendar year. However, two key factors influence the proper completion of the OSHA 300 documents. Size of the organization and the extent of the injury will determine the exact OSHA recordkeeping requirements.
 
The definition used by OSHA to define a small and large business is simple. Employers that had no more than ten (10) employees in a calendar year are considered a small business. Employers that had more than eleven (11) employees in the calendar year are considered large businesses. The distinction is an important one. Small businesses are exempt from the requirements workplace illness and injury recordkeeping and as such are not required to maintain the OSHA 300 series documents.
 
The employer must record the injury or illness beyond first aid on the OSHA 300 series document within seven (7) calendar days of learning of the injury. In addition to recording the employee name, date, and type of injury, the employer will document the DART rate of the total number of days an employee is away from work, restricted from work, or transferred to a temporary position. For example, an employee suffers a laceration that requires ten (10) stitches to close the wound. The employee normally works on the fuel dock but due to injury is moved to the ship store until the stitches are removed. In this case, the employee is transferred for the period that they cannot perform their normal duties.
 
A new wrinkle with COVID-19 requires employers to discern if a case of COVID-19 is work-related. Early in the Pandemic, the guidance suggested if two or more employees had tested positive for COVID-19, the cases were likely work related. However, with the increased transmissibility of the Omicron variant, those work-related cases of COVID-19 are much more difficult to verify. Employers should thoroughly review any COVID cases and record any cases deemed to be work-related that resulted in an employee being away from work.
 
Within the OSHA 300 series document are several forms. The OSHA 300 log, OSHA 300A Summary, and OSHA 301 are requirements of the series of document. The OSHA 300 log contains detailed information including date of injury, employee name, type of injury, and the DART rate. Beginning February 1, 2022, the OSHA 300A summary document must be posted to reflect 2021 injury information in each large business. The OSHA 300A is designed to summarizes the injury or injuries while protecting the privacy of the injured employee. The OSHA 300A Summary should be completed, signed by a company officer, and remain posted in a prominent location in the facility until April 30, 2022. As a best practice, companies should retain 5 years of OSHA 300 logs in the company files.
Watching the Courts.
 
In early January, the United States Supreme Court effectively blocked OSHA’s vaccine or test mandate for employers with 100 or more employees. Later in the month, OSHA withdrew the enforcement piece of the Emergency Temporary Standard but at the same time stated vaccines were an effective tool for protecting workers from COVID-19. Since there is not a standard on the books, it seems likely OSHA may increase the use of the General Duty Clause (employers obligated to provide workplace free of hazards) when it comes to COVID-19 in the workplace.
 
At the same time, the Supreme Court allowed the Centers for Medicare and Medicaid Services vaccine mandate to go forward. The mandate required any hospital or healthcare provider that received Medicare or Medicaid funds to require employees to be fully vaccinated. In this case, the courts cited the increased risk of exposure to COVID-19 in the workplace place the increased vulnerability of Medicare/Medicaid patients.
 
The case that warrants the watchful eye of the marina industry is related to Executive Order(EO) 14042- Federal Contractor Mandate. Under this EO, any contractor to the federal government must be vaccinated (no testing option in this EO). The EO is currently being challenged and has been placed on hold pending oral arguments. A decision on this case is not likely until summer or early fall. However, marinas that lease slips, sell fuel, or service government vessels will want to watch this case. Marinas operating on Army Corps of Engineers (ACOE) lakes, USDA, or Department of Interior land will also need to follow the progression of this case.
 
Robert Smith, Fisher Philips Safety Solutions
 
OPC 2022 Summer Internship Program: Apply by March 17, 2022
 
OPC is hiring up to five Student Assistants for its 2022 Summer Internship Program. The purpose of the Summer Internship Program is to provide undergraduate college students with an opportunity to gain hands-on-experience with a small State agency focused on protecting and enhancing the state’s coastal and ocean ecosystems and ensuring easy, affordable access to and along the coast for all Californians.
 
OPC values diversity and equity at all levels of the agency and is committed to fostering an environment in which employees from all backgrounds, cultures, and personal experiences are welcome and can thrive. As such, OPC encourages applications from individuals from a broad range of identities and experiences. It includes those who have overcome personal hardship or other barriers that may complicate their continued progress in research careers, including financial, academic, and social barriers.
 
The Summer Internship will provide students the experience to learn and build a foundational background and robust overview of California’s coastal and ocean science, policy, and management work. Interns will participate in projects that directly affect and shape California’s coast, coastal waters, and communities. They will be immersed in a wide variety of coastal and marine science and policy issues, including in environmental justice and social equity, and acquire knowledge from experienced staff and mentors. Additionally, interns will have opportunities to participate in multi-stakeholder events and public meetings. OPC staff and/or mentors may provide support and assistance for effective resume-writing and interviewing tips. They may be eligible to receive credit toward college internship requirements based on their university’s criteria.
 
The OPC Summer Internship is a 10-week, full-time paid internship that includes experiential learning, multidisciplinary collaboration, mentorship, professional development, and opportunities to work with multiple stakeholders. This internship experience will give students opportunities to be actively engaged in acquiring skills, increasing knowledge, and being exposed to what careers in ocean and coastal zone research and management can entail. All of the interns will work on projects and efforts related to advancing the OPC’s Strategic Plan to Protect California’s Coast and Ocean.
 
Up to five interns will be hired for a ten-week internship between May 20 and September 30, depending on their university’s academic calendar. The internship will take place in Sacramento or will be remote depending on COVID-19. The successful candidate(s) will be hired as a Student Assistant and salary will be consistent with the range defined in that classification and determined on academic and work experience by state human resources staff. This is a non-testing classification, therefore anyone meeting the minimum qualifications listed on the classification specification  may apply for this position.
Interns are expected to work full time, 40 hours a week for 10 weeks. Interns may work as little as 30 hours per week if they have demonstrated school or work conflicts. Flexibility around school and or work will be taken into consideration when determining a start date and work schedule.
 
Minimum Qualifications
  • Applicants shall be actively enrolled at a California college or university as a rising junior, senior, or upper-level transfer student, in good academic standing (a current GPA of 2.7 and higher is preferred, but not required), and majoring in biological, chemical, physical, environmental or marine science, natural resource management, political science or a closely related policy or scientific discipline.
  • Students in STEM majors with environmental working, volunteer or research experience are also eligible.
  • No prior job experience is required; any combination of experience and education that would likely provide the desired skills is qualifying.
  • Applicants must have a strong interest in protecting California’s coasts and oceans and an interest in state policy and management.
Desired Skills
  • An individual with high potential and the desire to learn more about California’s coast and ocean, climate change, and how government works.
  • An individual with strong oral and written communication skills. Proficiency reading and speaking non-English languages are also encouraged.
  • Interest in learning about general concepts and principles involved in environmental justice and equity issues, including community outreach and engagement strategies.
  • Familiarity and/or general knowledge of vulnerable communities in California, including communities along California’s coast, and experience working with low-income, diverse populations.
  • A highly organized and motivated individual who has demonstrated creative problem-solving skills.
  • The ability to research and analyze problems and make recommendations based on research and findings.
  • One who can work independently and collaboratively as part of a team in both a professional physical office and/or virtual environment.
  • Technically adept with frequently used software tools including the suite of Microsoft Office 365, and potentially GIS and statistical software.
  • Experience and/or willingness to learn how to organize, analyze, and manage large amounts of data, and how to prepare charts, tables, and reports for use by non-experts.
Helpful Resources:
 
The application deadline is March 17, 2022. For more details and to apply, please visit:  https://www.calcareers.ca.gov/CalHrPublic/Jobs/JobPosting.aspx?JobControlId=293866

OPC is a Cabinet-level state policy body that works to ensure healthy coastal and ocean ecosystems by advancing innovative, science-based policy and management, making strategic investments, and catalyzing action through partnerships and collaboration.
 
FREE DOCKWALKER TRAINING
Sothern California
 
FREE DOCKWALKER TRAINING
Northern California
 
For the Marina Bulletin Board
 
New U.S. Coast Guard Fire Extinguisher Regulation Effective April 20
 
12 year expiration for disposables and
different carriage requirements for older, newer model year vessels
A rite of passage for every boater is the annual spring commissioning. Newly added to the boat owners to-do list this spring will be to check all disposable (non-rechargeable) fire extinguisher dates of manufacture, as well as the label for their U.S. Coast Guard classification.
 
That’s because a new U.S. Coast Guard regulation beginning April 20 for disposable fire extinguishers mandates a 12-year expiration date from the date of manufacture. Boaters can find the manufacture date stamped into the bottom of the bottle or near the UL label. This may be two or four digits — if it is two, as in 08, that means 2008. Additionally, while the new regulation does not change the type (U.S. Coast Guard-rated) or quantity or requirement for USCG approved fire extinguishers aboard, it does specify the minimum Underwriter Laboratory (UL) classification of extinguishers to be carried aboard certain vessels — depending on the boat’s model year.
 
This is the result of phasing out older “B-I” and “B-II” labels for newer “5-B” “10-B” and “20-B” extinguisher classifications. The number in this new rating refers to the size in square feet of the potential fire the device is suitable to extinguish and not the exact weight of the dry chemical inside the bottle.
 
Vessels on the water today that are less than 26 feet and model year 2017 or older may continue to carry older, dated or undated “B-I” or “B-II” disposable extinguishers. However, when they are no longer serviceable or have reached 12 years of age since manufacture, they must be replaced with newer class “5-B” or greater extinguishers. Boats less than 26 feet and 2018 model year or newer must carry unexpired “5-B” “10-B” or “20-B” fire extinguishers. Having older “B-I” and “B-II” types do not meet the new carriage requirements.
 
Many retailers today offer “10-B” class fire extinguishers, which may be a good choice as they exceed U.S. Coast Guard minimum carriage requirements for boats under 26 feet, while at the same time giving boaters more extinguishing coverage. For boats 26 feet or greater, however, having one “10-B” aboard does not equal two 5-Bs. Only a “20-B” classification meets the requirement to carry two “5-B” extinguishers. For a look at how many and what type of fire extinguishers are needed aboard all recreational boats up to 65 feet, go to BoatUS.org/Fire-Extinguishers.
 
BoatUS strongly recommends going beyond the regulation’s minimum requirements. The results from a Foundation-sponsored boat burn showed that one extinguisher may give very little time to make an emergency call or potentially prepare to abandon your vessel.
 
BoatUS also notes that most U.S. Coast Guard disposables on the market today carry at least a dual B:C rating, able to douse both liquids and electrical fires, and some boat owners wisely prefer triple rated A:B:C extinguishers, adding a third protection for combustible fires.
 
To be serviceable, a portable extinguisher must have a pressure gauge indicating an operable range, lock pin firmly installed, clean discharge nozzle, and no significant corrosion or damage. Some more recently manufactured portable fire extinguishers aboard boats today may carry both old and new labeling, for example, having simultaneous “B-I” and “5-B” classifications.
 
There are no changes to rechargeable or fixed-mount (i.e., engine room) extinguisher regulations. They continue to require regular maintenance and servicing, typically done annually by a technician.
 
“This new U.S. Coast Guard expiration date regulation aligns with the 12-years recommended by the National Fire Protection Association,” said BoatUS Foundation Assistant Director of Boating Safety Ted Sensenbrenner. “We expect that the U.S. Coast Guard Auxiliary and United States Power Squadrons vessel safety check program will soon include this new regulation as part of their free, no-penalty vessel exams. Because this change affects a critical piece of safety equipment aboard your boat, we also expect the U.S. Coast Guard will initially focus on education. You may want to start checking extinguishers now while your boat may be ashore this winter.”
Sensenbrenner adds, “Also take a look now to ensure your fire extinguishers are readily accessible. You can buy only the bracket if you don’t have one and mount your extinguishers where they need to be — at points of egress, at the helm, and near the engine and fuel supply. Burying them in the bottom of a compartment ensures they will be hard to reach when you need them the most. Familiarizing yourself with the PASS method (Point, Aim, Squeeze, and Sweep) will prepare you for fighting a small fire aboard.”
 
For more information on the new requirement, as well as frequently asked questions and an infographic, go to www.uscgboating.org. 
 
About the BoatUS Foundation for Boating Safety and Clean Water:
The BoatUS Foundation for Boating Safety and Clean Water is a national leader promoting safe, clean and responsible boating. Funded primarily by donations from the more than 800,000 members of Boat Owners Association of The United States (BoatUS), the nonprofit provides innovative educational outreach directly to boaters and anglers with the aim of reducing accidents and fatalities, increasing stewardship of America's waterways and keeping boating safe for all. A range of safe and clean boating courses – including the nation's largest free online boating safety course – can be found at BoatUS.org/Courses.
 
Trade Member Highlight
 
Bellingham Marine Announces Brian Bateman’s Retirement
Following over 14 years of dedicated service to its Southwest Division, Bellingham Marine announces the retirement of Brian Bateman.
 
Brian started as a subcontractor for Bellingham Marine, and later was officially hired on as a full-time electrical project manager for the Southwest Division. He was instrumental in developing the electrical division on the West Coast, creating a turnkey service for electrical installation and repair.
 
Over the years, Brian lent his electrical expertise to a plethora of projects from Balboa Bay Club in Newport Beach, Alamitos Bay Marina in Long Beach, multiple marinas in Marina del Rey, Westpoint Harbor in Redwood City, and countless other marinas.
 
As Brian moves into retirement, Bellingham Marine’s 10-year veteran David Day is taking over as the head electrical project manager and will keep the seasoned electrical crew moving forward. Brian has been a key to the Southwest Division’s success, and we wish him all the best in his retirement!
The Last Word
 
To all of our MRA Members and Future Members
 
The 6th Annual California Boating Congress will be held on April 19, 2022 at the Hyatt Regency Sacramento. This year’s event will be a hybrid event with the anticipation that most of our attendees will be able to meet in person and those who can’t, will be able to join virtually. If you are able to join this event in person, there will be a cocktail reception the evening before the event on April 18, 2022. The CBC committee has been working along with our co-hosts on the schedule of events. Registration is now open at: https://www.marina.org/events/6th-annual-california-boating-congress.
 
Special Room Rates for California Boating Congress Attendees
• Room rate for MRA Conference attendees is $209.00 / night, plus tax – single and double occupancy – rate applies for stays from 4/18/2022 to 4/20/2022. 
Cut-Off date is March 28, 2022.
*Guest room rate includes complimentary standard Wi-Fi in guest room.
• All reservations require a deposit of first night’s room plus tax. Cancellation of reservations, early departures, and/or no-shows without 24 hours notification prior to arrival will be charged first night’s room rate plus tax to credit card on file.
• Check-in time 4:00 pm – Check-out time 11:00 am
• To make reservations call Hyatt Reservation Department at 916.443.1234 or 800.233.1234 and be sure to mention the Group Code: G-MRAS; OR, book online at https://www.hyatt.com/en-US/group-booking/SACRA/G-MRAS
• For more hotel and travel information go to https://www.hyatt.com
There are a limited number of rooms in the block so if you have any issues getting a room by March 28, 2022, please contact Mariann Timms 209.334.0661 or mra@marina.org.
 
Save the Date for the 50th Annual MRA Educational Conference and Trade Show in partnership with CAHMPC on October 18 – 20, 2022 at the Hilton Santa Barbara Beachfront Resort. This year’s theme is Creating a Sustainable Future. Information will be available on the website in early Spring.
 
To our members, the website now requires an additional step when signing in. You will be prompted to provide confidential answers to questions before performing any other actions on the website. This will involve choosing four of nine possible questions to provide answers to. Once the questions and answers are set, you will then be able to proceed on the website as normal.
 
Our FREE Educational Series webinars are still available for viewing and can be accessed at: https://www.marina.org/cpages/mra-educational-series-seminars
 
To our trade members, please send me your press releases on new products or services you might have. The Trade Member Highlight section is a free opportunity to advertise them! I am reaching out to all of you and asking you to send me a press release when you have a new product or service that you would like for us to highlight. There will be one each month and will be placed according to submission date. This is one more way for us to promote your support and dedication to the association. We would also like to be included in your list of press release recipients.
 
Many times the contact name for membership changes during the year and unless it is around renewal time, we may not be aware of the change. Please take a look at your profile and make sure to let us know if there are any changes in contact names, addresses, phone and fax numbers or email addresses so we can have the most up-to-date information for you. Also, if you do not have at least 1 logo and 1 photo (of your marina or product) please email them to mra@marina.org so they can be uploaded. You can now also add a YouTube video if you have one.
 
Thank you and stay safe! 
 
Mariann Timms
Operations Administrator