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State Executive Orders:
Continuation or Suspension of Construction During COVID-19?
Throughout the United States, state and local governments continue to issue and update orders restricting activities of individuals and businesses in response to the COVID-19 pandemic. Generally, such orders provide exemptions from the restrictions for essential businesses, services and/or functions, and most states consider performance of construction an essential service. Pennsylvania, New York and Washington are exceptions, taking a much more restrictive approach limiting construction to only certain types of buildings and situations. Some local governments in California and elsewhere have also put some restrictions on construction.
This memorandum is intended to provide information and guidance with respect to orders issued by various state and local governments. Please keep in mind that this is a very fluid situation. State and local governments continue to issue and update orders, sometimes as frequently as hourly. We will continue to monitor the situation and update this information as quickly as possible, but please check with us or your state and local governments for the most updated information and restrictions.
Of course, the health and safety of employees is the highest priority for all contractors. Thus, as construction proceeds in many states, please ensure that you are following the latest guidelines issued by OSHA and the Centers for Disease Control ("CDC") with respect to COVID-19 and safety and health in the workplace.
Federal Government
The Cybersecurity and Infrastructure Security Agency ("CISA"), a part of the U.S. Department of Homeland Security, released guidance on March 19, 2020, following up on President Trump's March 16, 2020 updated Coronavirus Guidance for America. Many states refer to the CISA list of 16 critical infrastructure sectors in announcing state policy and determining what are essential activities that can continue. The CSA document identifies 16 critical infrastructure sectors. The CISA Guidance does, not reference construction specifically, but construction to support a critical infrastructure sector is implied. Included in the 16 critical infrastructure sectors are:
Commercial Facilities Sector
Critical Manufacturing Sector
Defense Industrial Base Sector
Energy Sector
Chemical Sector
Financial Services Sector
Government Facilities Sector
CISA states that its guidance is not binding and is intended to help inform decisions by state and local jurisdictions but does not compel prescriptive action. The list does not impose any mandates on state or local jurisdictions or private companies.
On March 28, 2020, CISA issued an "Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During Covid-19 Response" and "Guidance on the Essential Critical Infrastructure Workforce." The Advisory Memorandum includes workers engaged in maintaining and repairing critical infrastructure, working construction, public works, workers who support crucial supply chains and workers who enable functions for critical structures. Under the heading of Public Works and Infrastructure Support Services, CISA lists workers such as plumbers, electricians, exterminators, builders, contractors, HVAC technicians, landscapers and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, and any temporary construction required to support COVID-19 response.
CISA emphasizes that its list of critical infrastructure sectors, workers and functions that should continue during COVID-19 response is advisory in nature and is not a federal directive or standard and is not intended as an exclusive list. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion. Essential businesses that cannot work remotely are to use strategies to reduce the likelihood of spreading COVID-19 disease, including separating staff by off-setting shift hours or days and social distancing.
Alabama (updated March 27, 2020)
Construction is not listed as a non-essential business in the statewide March 27, 2020 Order of the State Health Officer and may continue. All non-work gatherings of 10 persons or more and all non-work gatherings of any size that cannot maintain a consistent 6' distance between persons are prohibited effective March 28, 2020 at 5 p.m. Non-essential businesses, venues and activities are closed to non-employees. No statewide stay-at-home order has been issued by Governor Kay Ivey. There is a local stay-at-home order in Jefferson County. Jefferson County's Health Officer ordered all nonessential businesses and services be closed as of 5 pm on March 20, 2020.
Arizona (updated March 24, 2020)
On March 23, 2020, Governor Ducey issued an order prohibiting counties, cities and towns from making or issuing any order, rule or regulation that restricts or prohibits any person from performing an essential function. The order specifically includes construction as an Essential Infrastructure Operation, and it includes Building and Construction Tradesmen and Tradeswomen and other trades as Essential Businesses and Operations. Construction can continue.
California (updated March 23, 2020)
Governor Newsome issued a statewide stay-at-home order on March 19, 2020. As outlined in the Order, construction workers are included as critical infrastructure workers. However, local jurisdictions have put in place their own orders, some of which are more restrictive than the state mandate.
Local Action:
San Francisco and surrounding counties: Most commercial construction projects are to be treated as NON-ESSENTIAL. However, any business construction related to maintaining or upgrading essential businesses will be considered essential. Those essential projects include: public works (roadway infrastructure and utilities), housing (in particular affordable housing), airport, water-sewer-gas-electrical projects.
Los Angeles County: Essential workers include construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects, including but not limited to, public works construction, construction of commercial, office and institutional buildings, and construction of housing.
Colorado (updated March 24, 2020)
Governor Polis issued a statewide order, Executive Order D 2020 013, which requires employers to reduce their in-person work forces by fifty percent beginning on March 24, 2020 and continuing until April 10, 2020. The order directs the Colorado Department of Public Health and Environment (CDPHE) to issue a public health order defining critical infrastructure and other activities that are exempt from the directive of the Governor's order. The order does not apply to "authorized businesses" that the public health order identifies as exempt from the Governor's order, or "to any employer that can certify that employees are no closer than six feet from one another during any part of their work hours."
The Public Health Order 20-24 issued by CDPHE provides that Critical Businesses are exempt from Executive Order D 2020 013 and are encouraged to remain open. Critical Businesses are required to "comply with guidance and directives for maintaining a clean and safe work environment issued by the Colorado Department of Health and Environment and any applicable local health requirement." They are also "encouraged to comply with Social Distancing Requirements and all PHOs [Public Health Orders] currently in effect to the greatest extent possible." Construction is listed as a Critical Business; therefore, construction can continue.
Connecticut (updated March 28, 2020)
Connecticut has explicitly indicated that per Governor Lamont's March 20, 2020 Executive Order 7H, which required non-essential businesses to reduce their personnel at each business location by 100%, that construction is an "essential business." Construction includes:
- all skilled trades such as electricians, HVAC and plumbers
- general construction, both commercial and residential
- other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes
- planning, engineering, design, bridge inspection, and other construction support activities
Florida (updated March 27, 2020)
As of 7:30 a.m. on Friday, March 27, 2020, no statewide stay-at-home order has been issued by Governor Ron DeSantis.
Local Action:
Alachua County (updated March 27, 2020)
The Chair of the County Commission issued a stay-at-home order on March 23, 2020 requiring all people to remain in their homes except for essential activities and closing all non-essential businesses. Construction has been deemed "Essential Infrastructure." Further, Contractors and other tradesmen are considered Essential Businesses. The
Order went into effect on March 24, 2020, at 12:01 a.m.
Broward County (updated March 27, 2020)
The Broward County Administrator's issued a stay-at-home March 26, 2020, strongly urging all individuals to remain home unless engaging in essential activities and closing all businesses not expressly deemed essential. Contractors and other tradesman are considered Essential Businesses. The
Order went into effect on March 27, 2020 at 12:01 a.m.
Hillsborough County (updated March 27, 2020)
Hillsborough County issued a stay-at-home
order on March 26, 2020 requiring residents to stay as home as much as possible. Further a curfew has been put in place from 10:00 p.m. to 5:00 a.m. Monday to Friday, and a 24-hour curfew starting at 10:00 p.m. on Friday through Monday at 5:00 a.m. Residents can commute to jobs considered "Essential Business," which includes contractors and tradesmen.
Leon County (updated March 27, 2020)
The Leon County Board of Commissioners issued a stay-at-home order on March 25, 2020, encouraging members of the public to stay home except for essential services and establishing a curfew from 11:00 p.m. to 5:00 a.m. The
Order went into effect on March 25, 2020.
Miami-Dade County (updated March 27, 2020)
The Mayor of Miami-Dade County issued at stay-at-home
order on March 26, 2020 urging all residents and visitors to remain home other than to engage in the Essential Activities set forth in prior Emergency Orders. Miami-Dade County had previously non-essential businesses pursuant to local emergency orders and in accordance with Governor DeSantis's executive orders. "Contractors and other tradesmen" are exempted from the Miami-Dade orders as they have been deemed essential.
Orange County (updated March 27, 2020)
The Orange County Mayor issued a stay-at-home order on March 24, 2020 requiring individuals to not leave the premise of their primary residence, except for necessary activities, and closing all non-Essential Businesses. Construction sites, irrespective of building type, and Contractors and tradesman are deemed essential businesses. The
Order went into effect on March 26, 2020 at 11:00 p.m.
Osceola County (updated March 27, 2020)
Osceola County issued a stay-at-home order on March 24, 2020 requiring individuals to not leave the premise of their primary residence, except for necessary activities, and closing all non-Essential Businesses. Construction sites and related inspection services, irrespective of building type, and licensed contractors and tradesman are deemed essential businesses. The
Order went into effect on March 26, 2020 at 11:00 p.m.
Palm Beach County (updated March 27, 2020)
Palm Beach County has closed certain business by local public safety order, which do not include the construction industry, in accordance with Governor DeSantis's executive orders pertaining to Palm Beach County.
Pinellas County (updated March 27, 2020)
Pinellas County issued a stay-at-home order on March 25, 2020, requiring all individuals to maintain social distancing and limit non-essential activity and transportation and closing non-essential businesses. Contractors and other tradesman are considered Essential Services. Further, construction is deemed "Essential Infrastructure." The Order went into effect on March 26, 2020, at 11:27 a.m.
Georgia (updated March 26, 2020)
On March 23, 2020, Governor Brian Kemp issued a limited stay-at-home order for those considered "medically fragile" and banning gathering in groups of more than 10 people. Effective at 12:00 p.m. on March 24, 2020 and expiring at 12:00 p.m. on April 6, 2020, Governor Kemp's statewide order provides that "no business, establishment, corporation, non-profit corporation, or organization has not taken any action impacting the construction industry. Notably, the Governor's executive order of March 14, 2020, allows contractors to retain "private professional providers" to perform plan review and inspection services pursuant to O.C.G.A.
§
8-2-26(g)(5) immediately. This executive action would allow construction projects to continue to meet inspection requirements in situations where a local jurisdiction ceases providing inspection services due to COVID-19.
Local Action:
City of Atlanta (updated March 26, 2020)
The Mayor of Atlanta, Keisha Lance Bottoms, issued a stay-at-home order on March 23, 2020 closing all non-essential business. The Mayor's Executive Order 2020-21 bars public and private gathering of any number of people outside of a single household or living unit and requires all people, including those providing essential services, to comply with social distancing requirements by maintaining six-foot social distancing to the greatest extent feasible. Construction has been deemed an Essential Business under the Mayor's Executive Order. The Mayor's
Order became effective at midnight on March 24, 2020.
City of Sandy Springs (updated March 25, 2020)
Mayor Paul issued an order that requires individuals to take all practical steps to shelter in place at their residences. Individuals are permitted to leave for certain reasons, including to work for essential businesses. Businesses that provide essential services must enforce CDC social distancing requirements. The order does not refer to construction or provide a definition of essential businesses or essential services. Construction can continue, as long as the social distancing requirements are met.
City of Blakely (updated March 26, 2020)
The Mayor of Blakely, Tim Wimbush, issued a stay-at-home order on March 24, 2020, closing all non-essential business and requiring all residents to shelter in place and maintain physical distancing requirements when leaving for essential purposes. Further, the order puts in place a mandatory curfew from 10:00 p.m. to 5:00 a.m. Construction, generally, is not considered an essential business under the Mayor's Order. Only construction activities that fall under essential infrastructure, defined as public works, emergency home or business repairs, utility provisions, road repairs and public safety, and plumbers, electricians and other services provider performing emergency repairs are deemed essential and permitted. The Mayor's Order went into effect at 12:00 a.m. on March 24, 2020.
City of
Carrollton (updated March, 26, 2020)
The Mayor and City Council of the City of Carrollton issued a stay-at-home order on March 25, 2020, Resolution 09-2020, requiring all residents shelter-in-place and closing all non-Essential Businesses. Existing construction projects and "Essential Critical Infrastructure Work" as defined by the United States Department of Homeland Security have been defined as Essential Businesses. To the extent possible, Essential Businesses are required to comply with the social distancing requirements set forth in Resolution 08-2020, which required all individuals to maintain 6 feet of social distance. The
Order became effective on March 25, 2020.
City of Savannah (updated March 26, 2020)
The Mayor of Savannah, Van R. Johnson II, issued a stay-at-home order on March 24, 2020, requiring individuals in the City of Savannah to shelter-in-place and requiring all non-Essential Businesses to close. The Mayor's order includes as Essential Businesses: "Essential Infrastructure," which includes the following categories which could exempt certain construction work - public works construction, construction of housing (in particular affordable housing or housing for individuals experiencing homelessness), water, sewer, gas, electrical, oil refining, roads and highways, public transportation, internet and telecommunications systems. Further, Plumbers, electricians, exterminators, and other service providers that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses are considered Essential Businesses. Finally, "Critical Infrastructure Sectors" as defined by CISA are considered Essential Businesses. Essential Business are required to comply with Social Distancing Requirements, to the extent possible, which included maintaining 6-foot social distancing from other individuals. The Mayor's
Order went into effect on Tuesday, March 24, 2020 at 11:59 p.m.
Carroll County (updated March 26, 2020)
The Carroll County Board of Health issued a stay-at-home order requiring all individuals living within the county shelter-in-place and closing all non-Essential Businesses. "Construction and all related activities" is included in the "Essential Infrastructure" category of Essential Businesses. Essential Business are required to comply with Social Distancing Requirements, to the extent possible, which included maintaining 6-foot social distancing from other individuals. The
Order went into effect on March 25, 2020 at 12:01 a.m.
Athens-Clarke County (updated March 26, 2020)
The Mayor of Athens and County Commission a stay-at-home order requiring all individuals living within the county shelter-in-place and closing all non-Essential Businesses. Businesses. "Construction and all related activities" is included in the "Essential Infrastructure" category of Essential Businesses. Essential Business are required to comply with Social Distancing Requirements, to the extent possible, which included maintaining 6-foot social distancing from other individuals. The
Order went into effect on March 20, 2020 at 12:01 a.m.
Cobb County (updated March 26, 2020)
The Cobb County Board of Commissioners issued a Declaration of Emergency on March 24, 2020 requiring all individuals and families to shelter in place and limited the operating hours of non-Essential Businesses. Individuals may leave their residences to perform Essential Activities Road construction and, arguably, construction are defined as Essential Businesses. All businesses that remain open must follow social distancing guidelines and maintain a distance of 6 feet between individuals. The
Declaration went into effect on March 25, 2020, at 12:00 p.m.
Douglas County (updated March 26, 2020)
The Douglas County Board of Health issued an order on March 25, 2020 requiring individual in the county to shelter-in-place and limited the operating hours of non-Essential Businesses. Public works construction, construction, architecture, and all related activities are considered Essential Businesses falling under "Essential Instructure." The
Order went into effect at noon on March 26, 2020.
Jasper County (updated March 26, 2020)
The Jasper County Board of Commissioners issued an Emergency Protective Order on March 26, 2020, imposing a curfew on residents from 10:00 p.m. to 6:00 a.m. The curfew exempts individuals travelling to and from work but does not specifically define construction workers as individuals exempt from the curfew. The
Order went into effect on March 26, at 5:00 p.m.
Meriwether County (updated March 26, 2020)
The Meriwether County Board of Commissioners issued an order on March 24, 2020, imposing a curfew on residents from 9:00 p.m. to 6:00 a.m. The curfew exempts individuals travelling to and from work, utility repairs, and critical infrastructure businesses employees as designated by the Governor or identified by CISA. The
Order went into effect on March 24, 2020, at 5:00 p.m.
Pickens County (updated March 26, 2020)
The Board of Commissioners issued an
Order on March 24, 2020, requiring all individuals to shelter-in-place and closing all non-Essential Businesses. The Order includes "public works construction, construction and all related activities" as "Essential Infrastructure." Essential Business are required to comply with Social Distancing Requirements, to the extent possible, which included maintaining 6-foot social distancing from other individuals.
Illinois (updated March 23, 2020)
Governor J.B. Pritzker issued a stay-at-home order on March 20, 2020. Construction is expressly included within the definition of Essential Infrastructure. The Illinois order also expressly provides that "Essential Infrastructure" is to be broadly defined.
Indiana (updated March 23, 2020)
Most recent Executive Order issued by Governor on March 24, 2020, effective as of 11:59 pm on March 24, 2020. All individuals are ordered to stay at home, except as allowed in this Executive Order. Must maintain 6' distancing. May leave homes for Essential Activities, Essential Government Functions or to participate in Essential Businesses and Operations. Construction is listed as an Essential Infrastructure activity.
All Essential Businesses and Operations are encouraged to remain open and shall comply with the Social Distancing Requirements, including maintaining 6' social distancing for both employees and members of the general public at all times.
Individuals may leave their homes for:
- Health and Safety
- Necessary Supplies and Services
- For Outdoor Activity
- For Certain Types of Work
To perform work providing essential products and services at Essential Businesses or Operations, which includes Essential Governmental Functions and Essential Infrastructure.
Individuals may leave their homes in order to provide services or perform work to offer, provision, operate, maintain and repair Essential Infrastructure.
Essential infrastructure includes, but is not limited to, distribution, construction (including but not limited to construction related to this public health emergency, hospital construction, essential business construction and housing construction), building management and maintenance.
The phrase "Essential Infrastructure" shall be broadly construed in order to avoid any impacts to essential infrastructure, broadly defined.
Louisiana (updated March 29, 2020)
Governor Edwards issued a statewide stay-at-home order that went into effect at 5 pm on Monday March 23, 2020. Stay-at-home order does not include essential workers. Guidance issued March 22, 2020 lists construction as essential infrastructure.
Maryland (updated March 27, 2020)
Commercial and residential construction can continue in Maryland. Maryland follows the federal guidance published by the Cybersecurity and Infrastructure Security Agency (CISA) of the U.S. Department of Homeland Security pertaining to essential businesses. The Maryland Office of Legal Counsel issued Interpretative Guidance pertaining to Governor Hogan's March 23, 2020 Executive Order which prohibited large gatherings and required closing of non-essential businesses and other establishments. The Interpretive Guidance states specifically under the Commercial Facilities Sector (which is one of the 16 essential sectors identified in the CISA guidance) that the sector includes: "building and property maintenance companies, including without HVAC service companies roofers, environmental services companies, exterminators, arborists, and landscapers" and "commercial and residential construction companies."
All non-essential businesses are closed to the general public as of 5:00 pm on March 23, 2020. Gatherings of more than 10 people are prohibited. Governor Hogan's Executive Order remains in effective until rescinded or superseded.
Massachusetts (updated March 28, 2020)
Governor Baker's March 23, 2020 Emergency Order on Essential Services lists businesses that provide essential services and workforces. The list of essential services under Public Works includes:
- Workers who support the operation, inspection and maintenance of essential public works facilities and operations, including critical or strategic infrastructure
- Workers -including contracted vendors - involved in the construction of critical or strategic infrastructure including public works construction
- Workers such as plumbers, electricians, exterminators, inspectors and other service providers who provide services that are necessary to maintaining the safety, sanitation and essential operation of residences, construction sites and projects, and needed facilities
Governor Baker's order supersedes and renders inoperative any order or rule issued by a municipality that will or might in any way impede or interfere with the objectives of the Governor's Order, including any order or rule issued by a municipality that would interfere with ensuring the continued operation of COVID-19 Essential Services. Boston Mayor Martin Walsh ordered the halt of all but essential construction work in Boston (see below). It would seem that the Governor's Order supersedes the Boston Mayor's prior order shutting down non-essential construction sites in Boston.
Boston
As of March 17, 2020, the City suspended all regular activity at construction sites. New regular projects cannot be started unless they qualify as essential work. After sites have been secured by March 23, 2020, skeleton crews will be permitted for the remainder of the suspension to ensure safety. The only work that will be permitted is emergency work, which needs to be approved by the City of Boston's Inspectional Services Department. Essential work includes emergency utility, road or building work such as gas leaks and water leaks, mandated building or utility work, work at public health facilities and shelters, and other work necessary to render occupied residential buildings fully habitable.
In addition to the list of essential construction projects, the City will, on a case-by-case basis, review requests for exceptions to the temporary construction moratorium. These may be granted by the Commissioner of Inspectional Services for building-related work. These will be granted if they support increased public health and safety.
Michigan (updated March 23, 2020)
Governor Whitmer issued a statewide stay-at-home order on March 23, 2020, which becomes effective at 12:01 a.m. on Tuesday, March 24, 2020 and remains in effect for at least three weeks. The order specifically references the CISA guidelines in reference to essential infrastructure, but there is no specific reference to construction activities.
Minnesota (updated March 29, 2020)
Gov. Walz issued an Executive Order on March 25, 2020, effective at 11:59 p.m. on March 27, 2020 and extending to 5 p.m. on April 10, 2020, ordering all persons currently living in Minnesota to stay at home except to engage in exempt activities and Critical Sector work. All workers who can work from home must do so. Workers who perform work that cannot be done at their home and can be done only at a place of work outside of their home are exempt if their work is listed under Exemptions - Critical Sectors.
Construction and critical trades, including workers in the skilled trades such as electricians, plumbers, HVAC and elevator technicians, and other related construction of all kind, are explicitly identified as a critical service exemption in the governor's order. The critical services exemptions apply only to travel to and from an individual's residence and place of work and an individual's performance of work duties that cannot be done at home. Travel may include transportation to and from childcare or school settings as necessary to ensure the safe care of children.
Missouri (updated March 28, 2020)
No state-wide stay at home order has yet been issued. Governor Parson has issued emergency orders calling for social distancing.
Local Action:
The following cities and counties have issued stay at home orders. Definitions and specifics related to the construction industry vary by local jurisdiction.
Kansas City
"Essential Infrastructure" shall mean to include, but not be limited to, public works construction, construction of housing, airport operations, water, sewer, gas, electrical, oil refining, railroad and rail systems, roads and highways, public transportation, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential infrastructure for computing services, business infrastructure, communications, and web-based services).
Jackson County (Kansas City area)
Essential Infrastructure includes, but is not limited to, public works construction, construction of housing (in particular affordable housing or housing for individuals experiencing homelessness), airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services).
St. Louis (including St. Louis County, Jefferson County, and Perry County)
Construction is either exempt from the stay at home restrictions or is deemed an Essential Activity (in Perry County).
Branson
Construction is specifically designated as an Essential Business by the city's Emergency Management Director and so is permitted.
Cass County, Clay County, Jackson County, Platte County, and Ray County
In each of these counties, plumbers and electricians fall within the definition of Essential Business. Public works construction and housing construction are included within the definition of Essential Infrastructure. Other construction activity falls within the stay at home orders.
Cole County, Randolph County, and the City of Columbia
In each of these jurisdictions, construction is included as an Essential Activity and so is permitted.
Springfield-Greene County
Construction is included with the definition Essential Business and so is permitted.
Montana (updated March 28, 2020)
Governor Bullock issued an Executive Order on March 26, 2020 directing all individuals to stay at home to the greatest extent possible. Person may leave their homes only for Essential Activities or to operate Essential Businesses and Operations, which includes Essential Infrastructure. Individuals may leave their residence to perform work to provide, maintain or repair Essential Infrastructure which includes construction, including housing construction. Essential Infrastructure is to be construed broadly.
New Jersey (updated March 29, 2020)
Currently, construction can continue in New Jersey. Effective March 21, 2020 at 9:00 PM, Executive Order 107 requires all residents to remain at home or their place of residence, unless they fall into an exception. Residents reporting to or performing their job are exempt from the stay at home order.
Businesses are required to accommodate their workforce by allowing them to telework or work from home whenever possible. To the extent workers cannot perform their functions via teleworking or working from home, the businesses are required to make best efforts to reduce staff onsite to the minimal number necessary to ensure essential operations can continue. Construction is included in the list of examples of employees who need to be physically present at work to perform their job duties.
New Mexico (updated March 24, 2020)
The New Mexico Department of Health issued a Public Health Order that directs all business, except "essential businesses", to reduce their in-person workforce by 100%. The order allows "essential businesses" to remain open, but they have to minimize their operations and staff to the greatest extent possible. "Essential businesses" must adhere to social distancing protocol to the greatest extent possible, including maintaining at least 6' social distancing from others, avoiding person-to-person contact, and directing employees to wash their hands frequently. They must also ensure that all surfaces are cleaned routinely. The definition of "essential businesses" includes public works construction, commercial construction, and residential construction. Thus, construction can continue.
New York (updated March 29, 2020)
The New York Office of Empire State Development issued a guidance document for determining whether a business enterprise is subject to workforce reduction under New York's Executive Orders at 11:00 a.m. on March 27, 2020. This guidance document limits construction in New York as follows:
- All non-essential construction must shut down except emergency construction (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site.)
- Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing and homeless shelters. At every site, if essential or emergency non-essential construction, this includes maintaining social distance, including for purposes of elevators/meals/ entry and exit. Sites that cannot maintain distance and safety best practices must close and enforcement will be provided by the state in coordination with city/local governments. This will include fines of up to $10,000 per violation.
- For purposes of this section construction does not include a single worker, who is the sole employee/worker on a job site.
Effective March 22, 2020 at 8:00 p.m., Executive Order 202.8 required reduction of in-person workforce at any work location by 100%, except for essential services and functions. Originally, according to guidance issued by Governor Cuomo March 20, 2020, construction was classified as an essential service. This was clarified and revised on March 27, 2020.
North Carolina (updated March 27, 2020)
As of 8:00 a.m. on Friday, March 27, 2020, no statewide stay-at-home order has been issued by Governor Roy Cooper nor have any local governments issued stay-at-home orders.
Local Action: (updated March 27, 2020)
The following cities and counties have issued stay-at-home orders:
Winston-Salem
Ohio (updated March 23, 2020)
Construction projects are exempt from the stay-at-home order issued by Director of Ohio Department of Health. Construction is included in the essential infrastructure exception:
Construction (including but not limited to construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, essential business construction and housing construction).
Also, listed among Essential Businesses and Operations:
Critical trades. Building and Construction Tradesman and Tradeswomen, and other trades including but not limited to plumbers, electricians, exterminators, HVAC, painting and essential operation of residences, Essential Activities, and Essential Businesses and Operations.
The Ohio order specifically provides that the definition of essential infrastructure is to be construed broadly.
Pennsylvania (updated March 29, 2020)
Most construction is suspended. Effective March 23, 2020 at 8:00 AM (deadline extended from March 19 at 8:00 PM), all non-life-sustaining businesses are required to shut down. This includes construction, except for emergency repairs and construction of health care facilities.
South Carolina (updated March 27, 2020)
As of 8:00 a.m. on Friday, March 27, 2020, no statewide stay-at-home order has been issued by Governor Henry McMaster.
Local Action: (updated March 27, 2020)
The following cities have issued stay-at-home orders:
Tennessee (updated March 27, 2020)
As of 8:00 a.m. on Friday, March 27, 2020, no statewide stay-at-home order has been issued by Governor Bill Lee.
Local Action: (updated March 27, 2020)
The following cities and counties have issued stay at home orders:
Nashville / Davidson County
Nashville/ Davidson County issued a stay-at-home order on March 22, 2020, to go into effect at 12:01 a.m. on Monday March 23, 2020 for the City of Nashville and Davidson County. All business that do not perform essential services were ordered to close under the Mayor's order. However, the
order deemed construction, architectural, engineering, and surveying services to be essential.
Texas (updated March 27, 2020)
The State of Texas has not ordered restrictions on construction. On March 19, 2020, the Commissioner of the Department of State Health Services issued a Declaration stating that employers should allow work at home alternatives to the greatest extent possible and prohibiting gatherings of social groups of more than ten (10) individuals. On March 19, Governor Abbott issued an executive order closing schools, bars and gyms and limiting restaurants to takeout and delivery orders. On March 26, 2020, Governor Abbott issued an Executive Order requiring all persons who entered Texas as the final destination through an airport in New York, New Jersey, Connecticut or New Orleans to be subject to a 14-day self-quarantine at a quarantine location designated upon arrival in the State, excepting people traveling in connection with military services, health response or critical-infrastructure activities.
Dallas, San Antonio, Austin, and Houston
On March 21, 2020, Dallas County Judge Clay Jenkins, the chief executive, issued a shelter-at-home order for Dallas County starting at 11:59 pm on Monday, March 23, 2020. The order requires all individuals anywhere in Dallas County to shelter in place except for certain "essential activity." As defined by Judge Jenkins, essential activity includes work necessary to the operations and maintenance, including residential and commercial construction, of the 16 critical infrastructure sectors as identified by the CISA's March 19, 2020 guidance.
On March 23, 2020, San Antonio Mayor Ron Nirenberg issued a stay home/work safe order in effect from March 24 to 11:5 pm on April 9, 2020. Businesses related to public works construction, construction of housing and commercial construction are among the Exempted Businesses in the Mayor's order.
On March 24, 2020, Austin issued an order requiring businesses cease activities at all locations within the City except certain types of operations, including those defined as "Critical Infrastructure." The City issued Guidance for the Construction Industry. Commercial and residential construction activities are prohibited except in very limited situations: public works construction projects, affordable housing projects, construction of facilities for individuals experiencing homelessness, construction of facilities that provide social services, construction of facilities that are defined in the Mayor's Order as Essential Businesses, Essential Government Functions, or Critical Infrastructure and construction of facilities specifically required by the City in response to the COVID-19 emergency.
Houston/Harris County has adopted a stay home / work safe order that allows construction to continue.
Virginia (updated March 29, 2020)
Construction can continue in Virginia. Governor Northam issued an Executive Order on March 23, 2020 imposing restrictions on retail businesses. The order does not mention construction, but it requires all businesses, to the extent possible, to "adhere to social distancing recommendations, enhanced sanitizing practices on common surfaces, and other appropriate workplace guidance from state and federal authorities while in operation."
Washington (updated March 28, 2020)
Governor Inslee issued guidance for construction on March 25, 2020 pertaining to his March 23, 2020 "Stay Home, Stay Healthy" Proclamation which required all people in Washington State to cease immediately leaving their home except to conduct or participate in essential activities or for employment in essential business services. The original proclamation seemed to allow most construction to continue. The governor's March 25th construction guidance memorandum indicated that was not the intent. The memorandum states:
In general, commercial and residential construction in not authorized under the proclamation because construction is not considered to be an essential activity.
However, the governor's guidance goes on to allow construction in the following limited circumstances:
(a)
Construction related to essential activities as described in the governor's order;
(b)
To further a public purpose related to a public entity or government function or facility, including but not limited to publicly financed low-income housing;
(c)
To prevent spoliation and avoid damage or unsafe conditions, and address emergency repairs at both non-essential businesses and residential structures.
Construction superintendents, tradesmen, tradeswomen, plumbers, electricians, carpenters, sheet metal works, iron workers, masonry, pipe trades, fabricators, crane operators and other service providers who are working on projects that meet the above criteria can work.
All construction activity must meet social distancing and appropriate health and worker protection measures.
The Governor's shut-down order is currently scheduled to last until midnight on April 6, 2020, unless extended.
Wisconsin (updated March 29, 2020)
The Wisconsin Department of Health Services issued its Safer at Home Emergency Order #12 on March 24, 2020, effective from 8:00 a.m. on March 25, 2020 and remaining in effect until 8:00 a.m. on April 24, 2020 or until a superseding order is issued. All individuals present within the State of Wisconsin are ordered to stay at home unless engaged in Essential Activities, Essential Government Functions, Essential Travel or to operate Essential Businesses and Operations. Essential Infrastructure is exempt. Individuals may leave their residence to provide any service or perform any work necessary to offer, provide, operate, maintain, and repair Essential Infrastructure.
Essential Infrastructure includes construction, including, but not limited to, construction required in response to the COVID-19 emergency, public works construction, school construction, Essential Business and Operations construction, construction necessary for Essential Governmental Functions, and housing construction, except that optional or aesthetic construction should be avoided. Essential Infrastructure is to be construed broadly to avoid any impacts to essential infrastructure, broadly defined.
The list of Essential Businesses and Operations includes critical trades, building and construction tradesmen and tradeswomen and other trades including but not limited to plumbers, electricians, carpenters, laborers, sheet metal, iron workers, masonry, pipe trades, fabricators, operating engineers, HVAC and other service providers who provide services that are necessary to maintaining the safety, sanitation and essential operation of residences, Essential Activities, Essential Governmental Functions, and Essential Businesses and Operations.
Businesses that supply construction materials and equipment are also included in the list of exempt Essential Businesses and Operations.
All Essential Businesses and Operations including Essential Infrastructure are to meet Social Distancing Requirements between all individuals on the premises and use technology to avoid meeting in person and work remotely to the greatest extent possible. Social Distancing Requirements include maintaining social distancing of 6' between people; washing hands with soap and water for at least 20 seconds as frequently as possible or using hand sanitizer; covering coughs or sneezes into the sleeve or elbow; regularly cleaning high-touch surfaces; not shaking hands; and following al other public health recommendations issued by DHS and the U.S. Centers for Disease Control.
Essential Travel applies to any travel related to providing or access to Essential Activities, Essential Businesses and Operations or Minimum Basic Operations. Individuals engaged in Essential Travel must comply with Social Distancing Requirements to the extent possible.
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Please feel free to contact any of the following attorneys for more information:
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