Re-Opening Phase 1: Construction

By: Timothy Lynn

New York has issued rules for the re-opening of construction as a part of Phase 1.  Eligible construction includes: Building Equipment Contractors, Building Finishing Contractors, Foundation, Structure, and Building Exterior Contractors, Highway, Street and Bridge Construction, Land Subdivision, Nonresidential Building Construction, Residential Building Construction. and Utility System Construction.

Construction Guidelines for Employers and Employees

Available at the link above, New York has issued Construction Guidelines for Employers and Employees.  These Guidelines impose mandatory requirements and suggest best practices in the following areas: Physical Distancing, Protective Equipment, Cleaning and Hygiene, Communication and Screening.

Physical Distancing

The following mandatory requirements are included.  It is recommended that all interested parties read the guidelines.

• Ensure 6 ft. distance between personnel, unless safety or core function of the work activity requires a shorter distance.
• Any time personnel are less than 6 ft. apart from one another, personnel must wear acceptable face coverings.
• For indoor work,  limit workforce presence to no more than 1 worker per 250 sq. ft. on site, excluding supervisors in this calculation, unless additional personal protective measures are implemented (e.g. face coverings at all times).
• Tightly confined spaces (e.g. elevators, hoists) should be occupied by only one individual at a time, unless all occupants are wearing face coverings.
• Post social distancing markers using tape or signs that denote 6 ft. of spacing in commonly used and other applicable areas.
• Limit in-person gatherings as much as possible and use tele- or video-conferencing whenever possible.
• Establish designated areas for pick-ups and deliveries, limiting contact to the extent possible.

The Guidelines also include a number of suggested best practices.

Protective Equipment

The following mandatory requirements are included.  It is recommended that all interested parties read the guidelines.

• Employers must provide employees with an acceptable face covering at no-cost to the employee.
• Acceptable face coverings include but are not limited to cloth (e.g. homemade sewn, quick cut, bandana) and surgical masks, unless the nature of the work requires stricter PPE (e.g. N95 respirator, face shield).
• Limit the sharing of objects (e.g. tools, machinery, materials, vehicles) and discourage touching of shared surfaces.
• When in contact with shared objects or frequently touched areas, wear gloves (trade-appropriate or medical) or sanitize or wash hands before and after contact.

The Guidelines also include a number of suggested best practices.

Cleaning and Hygiene

The following mandatory requirements are included.  It is recommended that all interested parties read the guidelines.

• Adhere to hygiene and sanitation requirements from the Centers for Disease Control and Prevention (CDC) and Department of Health (DOH).
• Maintain cleaning logs on site that document date, time, and scope of cleaning.
• Provide and maintain hand hygiene stations for personnel, including handwashing with soap, water, and paper towels, as well as an alcohol-based hand sanitizer containing 60% or more alcohol for areas where handwashing is not feasible.
• Conduct regular cleaning and disinfection at least every day, and more frequent cleaning and disinfection of shared objects (e.g. tools) and surfaces, as well as high transit areas, such as restrooms and common areas, using Department of Environmental Conservation (DEC) products identified by the Environmental Protection Agency (EPA) as effective against COVID-19.
• Prohibit shared food and beverages (e.g. buffet-style meals).

The Guidelines also include a number of suggested best practices.

Communication

The following mandatory requirements are included.  It is recommended that all interested parties read the guidelines.

• Post signage throughout the site to remind personnel to adhere to proper hygiene, social distancing rules, appropriate use of PPE, and cleaning and disinfecting protocols.
• Train all personnel on new protocols and frequently communicate safety guidelines.
• Establish a communication plan for employees, visitors, and clients with a consistent means to provide updated information.
• Maintain a continuous log of every person, including workers and visitors, who may have close contact with other individuals at the work site or area; excluding deliveries that are performed with appropriate PPE or through contactless means.
• If a worker tests positive for COVID-19, employer must immediately notify state and local health departments and cooperate with contact tracing efforts, including notification of potential contacts, such as workers or visitors who had close contact with the individual, while maintaining confidentiality required by state and federal law and regulations.
• Conspicuously post completed safety plans on site.

The Guidelines also include a number of suggested best practices.

Screening

The following mandatory requirements are included.  It is recommended that all interested parties read the guidelines.

• Employees who are sick should stay home or return home, if they become ill at work.
• Implement mandatory health screening assessment (e.g. questionnaire, temperature check) before employees begin work each day and for essential visitors, asking about (1) COVID-19 symptoms in past 14 days, (2) positive COVID-19 test in past 14 days, and/or (3) close contact with confirmed or suspected COVID-19 case in past 14 days.
  • Employees who present with COVID-19 symptoms should be sent home to contact their health care provider for medical assessment and COVID-19 testing.  If tested positive, employee may only return completing a 14-day quarantine.
  • Employees who present with no symptoms but have tested positive in past 14 days may only return to work after completing a 14-day quarantine.
  • Employees who have had close contact with a confirmed or suspected person with COVID-19 but are not experiencing any symptoms should inform their employer and may be able to work with additional precautions, including regular monitoring for symptoms and temperature, required face covering all times, and appropriate social distancing from others.
• On-site screeners should be trained by employeridentified individuals familiar with CDC, DOH, and OSHA protocols and wear appropriate PPE, including at a minimum, a face covering.
• Have a plan for cleaning, disinfection, and contact tracing in the event of a positive case.

The Guidelines also include a number of suggested best practices.

Required Affirmation of Interim Guidance

The State provided minimum safety standards in its Interim Guidance for Construction Activities (linked to above).  These guidelines should be reviewed and an affirmation can be signed and submitted to the Department of Health.

NY Forward Business Re-Opening Safety Plan Template

Each re-opening business must adopt a Safety Plan.  Completing the template at the link above can satisfy this requirement.