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May 2020
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May 19, 2020

COVID-19 Safety Requirements for Those in the Construction Industry

Earlier this month, Governor Whitmer issued executive orders permitting work in the construction industry to recommence as a “resumed activity.”

Those engaged in construction activities must comply both with the requirements for all businesses with in-person workers and with the additional requirements set out specifically for the construction industry.

Requirements for All Businesses with In-Person Workers:

For these requirements, please see our previous eAlert: New Executive Order Requires Significant Safeguards for All In-Person Work.

Additional Requirements for the Construction Industry: 
 
  • Prohibit gatherings of any size in which people cannot maintain six feet of distance from one another.
  • Limit in-person interaction with clients and patrons to the maximum extent possible, and bar any such interaction in which people cannot maintain six feet of distance from one another.
  • Provide personal protective equipment such as gloves, goggles, face shields and face masks as appropriate for the activity being performed.
  • Adopt protocols to limit the sharing of tools and equipment to the maximum extent possible and to ensure frequent and thorough cleaning and disinfection of tools, equipment and frequently-touched surfaces.
  • Designate a site-specific supervisor to monitor and oversee the implementation of COVID-19 control strategies developed under the required COVID-19 Preparedness and Response Plan. The supervisor must remain on-site at all times during activities. An on-site worker may be designated to perform the supervisory role.
  • Conduct a daily entry screening protocol for workers, contractors, suppliers and any other individuals entering a worksite, including a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19, together with, if possible, a temperature screening.
  • Create dedicated entry point(s) at every worksite, if possible, for daily screening as provided above, or in the alternative, issue stickers or other indicators to workers to show that they received a screening before entering the worksite that day.
  • Provide instructions for the distribution of personal protective equipment and designate on-site locations for soiled masks.
  • Encourage or require the use of work gloves, as appropriate, to prevent skin contact with contaminated surfaces.
  • Identify choke points and high-risk areas where workers must stand near one another (such as hallways, hoists and elevators, break areas, water stations and buses) and control their access and use (including through physical barriers) so that social distancing is maintained.
  • Ensure there are sufficient hand-washing or hand-sanitizing stations at the worksite to enable easy access by workers.
  • Notify contractors (if a subcontractor) or owners (if a contractor) of any confirmed COVID-19 cases among workers at the worksite.
  • Restrict unnecessary movement between project sites.
  • Create protocols for minimizing personal contact upon delivery of materials to the worksite.

If you have any questions concerning these executive orders, or other legal concerns relating to COVID‑19 and its effect on the construction industry, please contact James Rabaut, David Eberhard, Lexi Woods or your Warner attorney.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

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