COVID-19: OSHA Issues Guidelines for the Construction Workforce | Practical Law

COVID-19: OSHA Issues Guidelines for the Construction Workforce | Practical Law

The Occupational Safety and Health Administration (OSHA) issued voluntary guidelines for the construction workforce as part of the federal government's continuing efforts to reduce the risk of exposure to and spread of the novel coronavirus (COVID-19) where construction activities are continuing.

COVID-19: OSHA Issues Guidelines for the Construction Workforce

Practical Law Legal Update w-025-2680 (Approx. 3 pages)

COVID-19: OSHA Issues Guidelines for the Construction Workforce

by Practical Law Real Estate
Published on 30 Apr 2020 • USA (National/Federal)
The Occupational Safety and Health Administration (OSHA) issued voluntary guidelines for the construction workforce as part of the federal government's continuing efforts to reduce the risk of exposure to and spread of the novel coronavirus (COVID-19) where construction activities are continuing.
Jurisdictions vary on whether construction activities can continue during the novel coronavirus (COVID-19) pandemic. Some states have permitted all construction activities to continue subject to social distancing and other restrictions, while in other jurisdictions only certain types of "essential" construction has been allowed to continue. Critical infrastructure projects, such as roadways, utilities, water and sewer treatment plants, hospitals, and other care facilities, are seen as necessary construction projects by their nature.
On the federal level, the Cybersecurity and Infrastructure Security Agency (CISA) issued Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response, most recently updated on April 24, 2020. CISA identifies a range of operations and services that are viewed as essential to continued critical infrastructure viability, including construction services. Many states have adopted CISA's guidance.
In March, the Occupational Safety and Health Administration (OSHA) issued non-industry-specific Guidance on Preparing Workplaces for COVID-19 including guidance on:
  • Developing an infectious disease preparedness and response plan.
  • Implementing basic infection prevention methods.
  • Developing practices for identifying and isolating sick employees.
  • Implementing workplace controls.
Construction companies face different challenges for the workforce in their offices and on their jobsites. Telecommuting may be possible for office workers but is not an option for workers performing physical construction on project sites. Where construction operations continue, social distancing requirements present unique challenges for workers who often work in close quarters or in teams, and who may share equipment.

Industry-Specific OSHA Guidance

On April 21, 2020, OSHA issued industry-specific alerts, including Guidelines for the Construction Workforce, to help reduce the risk of exposure to and spread of COVID-19. These Guidelines recommend:
  • Encouraging workers to:
    • stay home if they are sick;
    • cover coughs and sneezes;
    • avoid physical contact with others and directing everyone on the worksite and in work trailers to increase personal space to six feet, whenever possible; and
    • report any safety and health concerns.
  • Allowing workers to wear masks over the nose and mouth.
  • Continuing to use other normal control measures, including personal protective equipment (PPE).
  • Training workers how to properly put on, use, wear, and take off PPE.
  • Promoting personal hygiene, providing access to soap and water for handwashing, or providing alcohol-based hand rubs containing at least 60 percent alcohol.
  • Using EPA-approved cleaning chemicals from List N issued by the Environmental Protection Agency (EPA).
  • Cleaning tools before and after use.
  • Keeping in-person meetings as short as possible and limiting the number of workers in attendance.
  • Regularly:
    • cleaning and disinfecting portable jobsite toilets;
    • filling hand sanitizer dispensers; and
    • disinfecting frequently touched items (e.g. door pulls and toilet seats).

Practical Implications

Where construction activities continued, or are slowly being allowed to resume, the health and safety of workers should be of primary concern. Construction companies should not only implement OSHA guidance, but should carefully monitor state and local requirements for construction activities (see for example, Legal Update, COVID-19: Pennsylvania to Allow Limited Construction Activities to Resume). The failure to comply with these requirements could result in significant fines or projects being shut down completely.
For more information on OSHA resources related to COVID-19, visit the OSHA website. For more information on COVID-19 and its implications for construction projects, see Article, COVID-19: Key Considerations for Privately Owned Construction Projects