Public Action Matrix

P&A issued a Client Alert related to this guidance, titled “CISA Updates Guidance on Identifying Critical Infrastructure Workers: Does Your Work Fall Within These Sectors?”, linked here and below.

The Department of Homeland Security Cybersecurity and Infrastructure Agency (“CISA”), issued Guidance on the Essential Critical Infrastructure Workforce, originally published March 19, 2020 and later updated on March 28, 2020 (“CISA Guidance”). During the COVID-19 response, State and local governments have the power to execute and enforce response activities, while the Federal Government performs a supporting role. The purpose of the CISA Guidance is, “[to assist] State, local, tribunal, and territorial jurisdictions and the private sector on defining essential critical infrastructure workers.” However, each jurisdiction is encouraged to consider additional public health measures unique to its community, and can add or eliminate sectors necessary to maintain critical infrastructure. Therefore, CISA’s guidance is not binding – it is merely a recommendation that state and local governments should consider. It should not be considered a federal directive.

CISA recommends that state and local government consider employees working within identified sectors to be critical and allowed to go to work. Even though construction itself is not listed as its own sector, to the extent a construction project may be critical to support one of the sectors identified by CISA, it arguably can fall within the sector and be permitted to continue during the jurisdiction’s COVID-19 response. CISA identifies 16 sectors that are considered critical and “have a special responsibility in these times to continue operations.” If your work falls within the 16 identified sectors, CISA considers your work to be part of an essential critical infrastructure workforce.  However, as noted above, it will ultimately be the state and local government that will make this determination for state, local, and commercial construction projects.

To the extent a state or locality’s stay at home order references the CISA Guidance without additional clarification, you will need to review the sectors to see if your project falls within one of the sectors. Whether your work or your subcontractor’s work may continue should be determined on a project-by-project basis. You should request direction from your owner.

Of the 16 identified sectors in the CISA Guidance, the sectors considered critical infrastructure work directly related to construction are:

1. Energy – This work includes:

– Supporting the construction of renewable energy infrastructure;

– Maintaining, ensuring, or restoring the generation, transmission, and distribution of electric power; or

– New or current construction projects supporting the petroleum industry, or the natural gas, natural gas liquids, propane and other liquid fuels industry, including pipeline construction, and platform and drilling construction and maintenance.

2. Water and Wastewater – Work that involves, “repairing water and wastewater conveyances and performing required sampling or monitoring, including required field staff” to support such operations.

3. Transportation and Logistics – Contractors “supporting transportation of chemicals, hazardous, medical, and waste materials to support critical infrastructure, capabilities, functions, and services, including specialized carriers, crane and rigging industry workers.”

4. Public Works – This work includes:

– “Support[ing] the operation, inspection and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel…traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues”;

– “Support[ing] the operation, inspection and maintenance of essential dams, locks and levees”;

– Construction of critical or strategic infrastructure;

– Temporary construction required to support COVID-19 response;

– Providing “[w]orkers, 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”;

– Providing “support, such as road and line clearing to ensure the availability of needed facilities, transportation, energy and communications”;

– Providing support to ensure effective removal of solid waste and hazardous materials;

– “Support[ing] the inspection and maintenance of aids to navigation, and other government provided services that ensure continued maritime maintenance.”

5. Communications and Information Technology – This work includes:

– Work related to undersea cable infrastructure and support facilities;

– Supporting Department of Defense internet and communication facilities;

– Engineers, technicians and associated personnel responsible for infrastructure construction and restoration

6. Critical Manufacturing – This work includes the manufacturing of metals, industrial materials, and semiconductors to support certain critical infrastructure sectors.

7. HazMat – This work includes supporting hazardous materials response and cleanup.

8. Defense Industrial Base – This work includes:

– “Support[ing] the essential services required to meet national security commitments to the federal government and U.S. Military”, including, aerospace; mechanical and software engineers, manufacturing/production workers; IT support; security staff; security personnel; intelligence support, aircraft and weapon system mechanics and maintainers; or

– Contractors, including their subcontractors, who perform under contract to the Department of Defense providing materials and services to the Department of Defense, and government-owned/contractor- operated and government-owned/government-operated facilities.

9. Commercial Facilities – This sector entails those, who support the supply chain of building materials from production through installation, workers in hardware and building material stores, and workers distributing, servicing, repairing and installing HVAC systems, boilers, furnaces, and other heating, cooling, refrigeration, and ventilation equipment.

10. Residential/Shelter Facilities and Services – This work includes construction projects related to combating the country’s existing housing supply shortage, and construction of residential housing.

While this list above is not meant to be considered an exhaustive list, it encompasses workers and industries that perform a function “essential to continued critical infrastructure viability.” Even if your work falls within a critical infrastructure, you must still follow CDC and OSHA guidance to limit spread of the virus. Construction work by its nature cannot be performed remotely – even so, you should work with your project management team to determine if there are measures that can be taken to ensure social distancing.

For an update on this important DOD memorandum, please see our Government Contracts Law blog post, “Department of Defense Issues Memorandum and Implementation Guidance Regarding Section 3610 of the CARES Act in Response to Impacts Associated with COVID-19.”

This section will be updated shortly. Please visit our site frequently for updates.

In light of the National Emergency Concerning the COVID-19 Outbreak declared on March 13, 2020, on April 3, 2020, the General Services Administration (“GSA”) issued a Class Determinations and Findings (“CD&F”) temporarily waiving the domestic preference limitations under the Buy American Act (“BAA”) and the Trade Agreements Act (“TAA”) in its GSA contracts, including GSA Schedule contracts. This CD&F applies to the following items identified by their applicable Federal Supple Classes (“FSC”):

– N95 masks (FSC 4240)

– Sodium hypochlorite, commonly known as bleach (FSC 6810)

– Disinfectants including cleaners, sprays and wipes (FSC 6840)

– Cleaners including sanitizing surface and floor cleaners (FSC 7930)

– Hand sanitizers, soaps and dispensers (FSC 8520)

– The exception determination provided in this CD&F applies to purchase dollar values at any amount.

The Government can purchase these products regardless of where they are manufactured with the exception of products manufactured in the prohibited countries listed in FAR Subpart 25.7, which include Cuba, Iran and Sudan, and most imports from Burma or North Korea.

Because of the short duration of exemption provided in the CD&F, contracting officers are directed to modify existing schedule contracts, rather than award new schedule contracts. Contracts awarded, or modifications issued for non-federal supply schedules under the CD&F, should be signed no later than June 30, 2020 and such contracts must be for as short of a duration as possible to ensure an adequate amount of the supplies provided above is obtained. Contractors responsible for procuring the items provided above are encouraged to confirm with their contracting officers that their contract has been modified in accordance with the CD&F.

The U.S. Dept. of Labor Office of Federal Contract Compliance Program (“OFCCP”) issued a Memorandum regarding Contracts for Coronavirus Relief Efforts, dated March 17, 2020 (“Memorandum”). In this Memorandum, OFCCP stated it has granted a limited exemption and waiver from certain affirmative action obligations under EO 11246, Section 503 of the Rehabilitation Act and Section 42412 of the Vietnam Era Veterans’ Readjustment Assistance Act, which require federal agencies to include certain equal opportunity clauses in covered construction contracts. However, this exemption and waiver described in the Memorandum does not apply to processing complaints of discrimination.

On March 20, 2020, the Office of Management and Budget (“OMB”) issued a Memorandum to the Heads of Executive Departments and Agencies on Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (COVID-19).  The Memorandum, as well as the attached Questions and Answers (“Q&As”), provides some useful guidance on how Contracting Officers should deal with their contractors.

Teleworking. OMB is urging the executive agencies to permit contractors to telework wherever possible.  OMB notes that the Government’s telework law and recent announcements only cover federal employees, not contractors or their employees.  Contractors are governed by their contracts as well as their own telework policies.  OMB recommends that contracts that do not allow telework be modified to permit teleworking where possible.  Where teleworking is not possible, OMB advises the agencies that they should be flexible on delivery schedule contract completion dates.

Contract Extensions. OMB is urging the executive agencies to be flexible in providing time extensions if telework or other flexible work solutions are not possible or if a contractor cannot timely perform due to quarantining, social distancing, or other COVID-19 related interruptions.  The Memorandum notes that there are various FAR clauses that provide for excusable delays, which may extend to quarantine restrictions due to exposure to COVID-19.  Epidemics and quarantine restrictions are listed as examples of excusable delay in these clauses.

Continuing Repair Work in Federal Buildings. One of the Q&As asks whether repair work in federal buildings that are closed to the general public should continue.  OMB’s position is that this question should be addressed on a case-by-case basis, taking into consideration the health and safety of government and contractor employees.  The parties should give consideration to guidance issued by the CDC and local public health officials to determine if there is a risk-based reason to stop work and, if work continues, steps that might need to be taken to address the health and safety of workers.

Equitable Adjustments Due to COVID-19 Safety Measures.  Another of the Q&As asks how the executive agencies should deal with requests for equitable adjustment for costs associated with implementing safety measures and performance disruptions caused by the Government (e.g., closure of an office building) when telework is not possible.  OMB’s position is that requests for equitable adjustment should be considered on a case-by-case basis taking into account, among other things, whether the costs are allowable and reasonable to protect the health and safety of contractor employees.  One factor is whether the contractor took actions consistent with the CDC guidance and whether the contractor discussed the actions with the Contracting Officer.

Recently, the President of the United States published Guidelines for Opening Up America Again (“Guidelines”), providing for a three-phrased approach for individuals and employers. These guidelines may be implemented at the governor’s discretion on a statewide or on a county-by-county level basis. Each jurisdiction is required to determine and satisfy certain prerequisites, referred to as gating criteria, before it begins implementing the three-phase approach to re-open the economies of its jurisdiction. The gating criteria for state and local jurisdictions include reviewing the trajectory of COVID-19 symptoms reported and the trajectory of cases within a 14-day period, ensuring hospitals are able to treat patients without crisis care, and ensuring the state or locality has established a testing program for at-risk healthcare workers.

During all three phases, employers should develop, if they have not already, best practices and policies regarding the following:

– Social distancing and protective equipment

– Temperature checks

– Sanitation

– Use and disinfection of common and high-traffic areas

– Business travel

– Workforce contact tracing after an employee tests positive for COVID-19 while still protecting the privacy of the employee.

Employers also should monitor their employees’ symptoms and should not allow employees exhibiting COVID-19 symptoms, including fever, tiredness, and dry cough, to return to work until they have been cleared by a medical provider.

During Phase One, employers should:

– Encourage telework, if possible and feasible;

– Bring employees back to work in phases;

– Close off common areas where personnel is likely to congregate, such as break rooms and conference rooms, or enforce strict social distancing policies in the office to keep personnel six feet apart from another as provided under CDC guidelines;

– Keep non-essential travel to a minimum and require employees who have travelled recently to self-isolate in accordance with CDC guidelines;

– Strongly consider special accommodations for employees who are members of a vulnerable population.

In Phase Two, if the applicable state or local jurisdiction has continued to meet the gating criteria, employers may have their personnel back to work and can begin to permit employees to travel for work without requiring such employees to self-isolate thereafter. However, employers must continue to follow the remaining guidelines provided for Phase One. Finally, in Phase Three, so long as the applicable state or local jurisdiction has continued to meet the gating criteria, employers may resume unrestricted staffing of worksites. Employers should bear in mind that this is only Guidance and they remain subject to any restriction placed by state and local authorities where they are performing work when considering implementing policies to open its business under the Guidelines.

On April 24, 2020, Empire State Development Corporation issued new “Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders.” All non-essential construction is required to safely shut down, except emergency construction (e.g. a project necessary to protect health and safety of the occupants, or to continue a project it if would be unsafe to allow it to remain unfinished, but only to the point which is safe to suspend work).

Essential construction, which may continue if it complies with Department of Health guidance and directive for maintaining a safe work environment, includes the following:

– construction for, or your business provides necessary support for construction projects involving, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools;

– construction for affordable housing, as defined as construction work where either (i) a minimum of 20% of the residential units are or will be deemed affordable and are or will be subject to a regulatory agreement and/or a declaration from a local, state, or federal government agency or (ii) where the project is being undertaken by, or on behalf of, a public housing authority;

– construction necessary to protect the health and safety of occupants of a structure;

– construction necessary to continue a project if allowing the project to remain undone would be unsafe, provided that the construction must be shut down when it is safe to do so;

– construction for projects in the energy industry in accordance with Question No. 14 in the FAQ at:  https://esd.ny.gov/sites/default/files/ESD_EssentialEmployerFAQ_033120.pdf;

– construction for existing (i.e. currently underway) projects of an essential business; or

– construction work that is being completed by a single worker who is the sole employee/worker on the job site.

The guidance provides the following additional direction with respect to the continuation of essential construction:

At every site, it is required that the personnel working on the site maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits.  Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation.

Construction may continue solely with respect to those employees that must be present at the business location/construction site in support of essential business activities. No other employees/personnel shall be permitted to work in-person at the business location/construction site.  Any other business activities being completed that are not essential are still subject to the restrictions provided by Executive Order 202.

With respect to local government projects, to the greatest extent possible, any non-essential projects should be postponed and essential projects should only proceed when they can implement appropriate social distancing and cleaning/disinfecting protocols. Essential projects are those with a nexus to health and safety of the building occupants or those that support the broader essential services required to fulfill the critical operations of government or the emergency response to the COVID-19 public health crisis.

OSHA issued “COVID-19 Guidance for the Construction Workforce” which provides tips for reducing workers’ risk of exposure to the coronavirus. These include, by way of example, implementing social distancing, encouraging workers to stay home when sick, using masks and Personal Protective Equipment and promoting hygiene. A full list of the guidelines can be found in the attachment below.

On April 13, 2000, OSHA issued an “Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19),” providing instructions and guidance to OSHA Area Offices and compliance safety and health officers (CSHOs) for handling complaints, referrals, and severe illness reports related to COVID-19. The Plan is designed to allow flexibility and discretion for OSHA to maximize its impact in securing safe workplaces for workers.

The Plan includes 1) specific enforcement procedures; 2) a sample employer letter for COVID-19 activities; 3) a sample hazard alert letter; 4) a sample alleged violation description for a citation under the general duty clause, Section 5(1)(1), of the OSH Act; and 5) additional references, including OSHA’s prior COVID-19-related enforcement memoranda.

On April 10, 2020 the Occupational Safety and Health Administration (“OSHA”) issued a memorandum entitled “Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19)” to guide Compliance Safety and Health Officers (“CSHO”) in enforcing 29 CFR Part 1904 with respect to recording cases of COVID-19. The memorandum takes effect immediately and will be in effect until further notice, as required by the COVID-19 crisis.

As COVID-19 is a recordable illness, employers must record cases of COVID-19 if:

(1) the case is a confirmed case of COVID-19 as defined by the Centers for Disease Control and Prevention; (2) the case is work-related as defined by 29 CFR § 1904.5; and (3) the case involves one or more of the general recording criteria set forth in 29 CFR § 1904.7.

Pursuant to the memorandum, due to the difficulty for lay persons in determining whether COVID-19 was contracted by an employee at work, OSHA will no longer enforce 29 CFR § 1904 so as to require employers in the construction industry (or other industries excluding healthcare, emergency response and correctional institutions) to make work-relatedness determinations, except where:

1. There is objective evidence that a COVID-19 case may be work-related. This could include, for example, a number of cases developing among workers who work closely together without an alternative explanation; and

2. The evidence was reasonably available to the employer. For purposes of this memorandum, examples of reasonably available evidence include information given to the employer by employees, as well as information that an employer learns regarding its employees’ health and safety in the ordinary course of managing its business and employees.

Furthermore, if an employee voluntarily requests that his or her name not be included on the OSHA Form 399, the employer must comply as required under 29 CFR § 1904.29(b)(7)(vi).

On August 14, 2020 the Governor’s office issued Executive Order No. 7NNN, requiring face coverings in public either indoors or outdoors, when six feet of social distance cannot be maintained.

As of September 24, 2020, Connecticut’s travel advisory applies to the following states:

– Alabama

– Alaska

– Arizona

– Arkansas

– Delaware

– Florida

– Georgia

– Guam

– Idaho

– Illinois

– Indiana

– Iowa

– Kansas

– Kentucky

– Louisiana

– Minnesota

– Mississippi

– Missouri

– Montana

– Nebraska

– Nevada

– North Carolina

– North Dakota

– Oklahoma

– Puerto Rico

– Rhode Island

– South Carolina

– South Dakota

– Tennessee

– Texas

– Utah

– Virginia

– West Virginia

– Wisconsin

– Wyoming

On July 3, 2020 a rule restricting gatherings went into effect until further notice.

On May 29, 2020, Governor Lamont issued Executive Order No. 7TT opening additional businesses, including hair salons and barbershops and increasing maximum capacity for indoor and outdoor gatherings to 10 and 25 people, respectively.

On June 16, 2020, Governor Lamont issued Executive Order No. 7ZZ opening additional businesses, including indoor dining, gyms, and movie theatres.

On June 24, 2020, the governors of New York, New Jersey and Connecticut announced that people arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a seven-day rolling average, must quarantine for 14 days. As of June 24, the advisory applies to Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Utah and Texas.

On May 18, 2020, Governor Lamont issued Executive Order No. 7PP, allowing for the safe reopening of certain businesses as of May 20, including outdoor dining, offices, retail and mall, museums and zoos and outdoor recreation. In conjunction with the reopening, the state of Connecticut also issued a Small Business Resource Reopening Guide.

On April 10, Governor Lamont issued Executive Order No. 7X, extending Connecticut’s “Stay Safe, Stay Home” order until at least May 20, 2020.

On March 20, 2020 Governor Ned Lamont issued Executive Order 7H directing all non-essential businesses to reduce their in-person workforce by 100%. Construction is considered an Essential Business, including:
– 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

To the extent possible, employees of Essential Businesses whose duties are not critical to an Essential Business function should telecommute.

On June 3, 2020, Governor DeSantis issued Executive Order No. 20-139, permitting all counties, except Miami-Dade, Broward and Palm Beach, to enter Phase 2 of Florida’s Re-open Plan on June 5, 2020. The excepted counties were permitted to enter Phase 2 upon approval which occurred for Palm Beach County on September 8, 2020 and Miami-Dade and Broward on September 14, 2020.

Phase 2 allows for the opening of all businesses, with the exception of nightclubs, as well as certain other venues in specific counties, with capacity limitations and other restrictions in place.

In addition, a number of municipalities have instituted orders requiring facial coverings inside businesses or, more generally, in public.

Executive Order No. 20-131:  Expanding Full Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery

On Friday, May 22, 2020, Governor DeSantis issued Executive Order 20-131, extending EO 20-123 to include Organized Youth Activities:

– Florida has expanded its Phase 1 re-opening to include certain youth activities.  Construction remains a permitted activity and business in Phase 1.

The Order became effective on Friday, May 22, 2020.

Executive Order Number 20-123: Full Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery.

On Thursday, May 14, 2020, Governor Ron DeSantis issued EO 20-123, bringing all Florida counties into Full Phase 1 when many commercial businesses, including without limitation, restaurants, retail, museums, libraries, and fitness centers may begin to re-open under certain restrictions.  Construction continues as an essential business operating under the new CDC and OSHA guidelines.

Violation of EO 20-123 is a second-degree misdemeanor and is punishable by imprisonment not to exceed 60 days or a fine not to exceed $500, or both.   The Order is effective as of Monday, May 18, 2020.

On May 14, 2020, Governor Ron DeSantis issued Executive Order 20-122, which authorized Miami-Dade and Broward Counties to move into Phase 1 of the Safe. Smart. Step-by-Step. Plan for Florida’s Recovery, effective as of  Monday, May 18, 2020, 12:01 a.m.

On May 9, 2020, Governor DeSantis issued Executive Order No. 20-120, which is effective as of 12:01 A.M. on May 11, 2020. Pursuant thereto, Executive Order No. 20-112, the Re-Open Plan for the State of Florida, is extended but its prohibition on reopening no longer applies to Palm Beach County. Accordingly, Palm Beach County may begin reopening businesses in accordance with Executive Order No. 20-112. In addition, barbershops, cosmetology salons and cosmetology specialty salons have been added to the list of businesses that may reopen in counties authorized to proceed to Phase 1 openings.

On April 29, 2020, Governor Ron DeSantis unveiled the Re-open Plan for the State of Florida, under Executive Order 20-112.  EO 20 -112 initiates Phase 1 of Florida’s Re-open Plan and specifically outlines services, activities, and businesses that are allowed to re-open on Monday, May 4, 2020.  The Order applies to all counties in Florida except for Miami-Dade, Broward, and Palm Beach Counties.  These three counties will follow stricter protocol without the re-open provisions of EO 20-112.  EO 20-112 does not contain a preemption on local rules where those rules restrict or close businesses or buildings.   While EO 20-112 orders that all persons in Florida shall continue to limit their personal interactions outside the home, on Monday, May 4, 2020 the following businesses may re-open under certain conditions:

Phase 1

– All services and activities categorized as essential under EO 20-91 (Essential Services and Activities During COVID-19 Emergency) are allowed.  These essential services must follow safety guidelines issued by the CDC and OSHA.  If necessary, employee screening or use of personal protective equipment should continue.

– All businesses are required to enforce social distancing guidelines and limit groups to 10 people or fewer.  Businesses should adhere to guidance from state and federal regulatory agencies including the Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), the Florida Department of Health (DOH) and the Florida Department of Business and Professional Regulation (DBPR).

– Restaurants and food establishments will be allowed to re-open.  Indoor dining is allowed at 25 percent building occupancy and outdoor seating is permissible.  Whether indoor or outdoor, seating must provide for social distancing of a minimum of 6 feet between parties, and is limited to parties of 10 or fewer people.  Bar counters will remain closed.

– In-store retail sales establishments may re-open and are allowed to operate with 25 percent building occupancy.  Businesses must abide by guidance from state and federal regulatory agencies, including OSHA and the CDC.

– Museums and libraries may re-open with at no more than 25 percent of building occupancy.  Local public museums and local public libraries may operate only if permitted by their local government.

+ Interactive functions, shared exhibits, and child play areas shall remain closed

– Hospitals, surgical centers, dental offices, orthodontic offices, endodontic offices or health care practitioners’ offices in the State of Florida may re-open to perform nonessential and elective procedures if:

+ The facility has the capacity to immediately convert additional facility-identified surgical and intensive care beds for treatment of COVID-19 patients in a surge capacity situation;

+ The facility has adequate bed capacity and personal protective equipment (PPE) to complete all medical procedures and respond to COVID-19 treatment needs, without seeking any additional federal or state assistance regarding PPE supplies.

+ The facility has not sought additional federal, state, or local government assistance regarding PPE supplies since resuming elective procedures;

+ The facility has not refused to provide support to and proactively engaged with skilled nursing, assisted living, and other long-term care residential facilities and providers in their efforts to protect the vulnerable.

– Parks, golf course, and other outdoor recreation areas that are not already open by local authorities can resume operating

– Movie theaters, gyms, bars, nightclubs, salons and barbershops will remain closed.

– Vacation rentals remain prohibited.

– State and local law enforcement will enforce the mandates of EO-112 and it is enforceable under Florida Statute 252.47.  Enforcement penalties may be imposed, including a second-degree misdemeanor punishable by imprisonment not to exceed 60 days and a fine not to exceed $500.00, or both.  Regulated businesses may also face enforcement action for violations from regulatory agencies that oversee businesses.

EO 20-112 becomes effective at 12:01 a.m. on May 4, 2020.

On April 29, 2020, Governor Ron DeSantis issued Executive Order 20-111, providing for a limited extension of prior executive orders related to essential services and activities and vacation rental prohibition.  EO 20-111 extends both EO 20-87 which prohibits vacation rentals, and EO 20-91 (as amended by EO-92), the statewide Safer at Home and Essential Services and Activities order, until Monday, May 4, 2020 at 12:01 a.m.

On April 20, 2020, Florida Governor Ron DeSantis created the “Governor’s Re-Open Florida Task Force Industry Working Group.”   The Governor’s Task Force is responsible for providing the Governor with recommendations on re-opening various businesses, education institutions, open spaces, entertainment, hotel and food industries, while complying with the CDC, health officials and White House Guidelines.   The Task Force is divided into three industry working groups, one of those groups being the “Industry Working Group on Tourism, Construction, Real Estate, Recreation, Retail and Transportation.”   Members of that Tasks Force were announced on April 21, 2020.

April 1, 2020, Florida Governor Ron DeSantis issued Executive Order (“EO”) 20-91, implementing a statewide stay-at-home order.  EO 20-91 requires that all Floridians, especially senior citizens and individuals with significant underlying health/medical conditions, stay at home and take all measures to limit the risk of exposure to COVID-19.  In addition, all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities.

Essential Services means and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce and includes those businesses and activities designated by Executive Order 20-89 and Miami-Dade County Mayor Carlos Gimenez’ Emergency Order 07-20, which is incorporated into EO 20-91.  Other Essential Services may be added under the EO and shall be updated on the Division of Emergency Management’s website at www.floridadisaster.org and the Florida Department of Health’s website at www.floridahealth.gov.

Businesses considered essential include, but are not limited to:  (1) Contractors and other tradesmen…who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; (2) open construction sites, irrespective of the type of building; (3) architectural, engineering, or land surveying services; (4) factories, manufacturing facilities, bottling plants, or other industrial uses; and (5) businesses that supply other essential businesses with the support or supplies necessary to operate, and which do not interact with the general public.

Essential activities include: those that are necessary for the operation of essential business and or participation in essential services, including but not limited to:  (1) attending religious services conducted in churches, synagogues, and houses of worship; (2) participating in recreational activities (consistent with social distancing guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming; (3) taking care of pets; and (4) caring for or otherwise assisting a loved one or friend.  Social gathering in a public place is not an essential service and groups of people greater than ten are not permitted to congregate in any public space.  Social distancing guidelines are still in place.

EO 20-91 becomes effective at 12:01 am on April 3, 2020 and shall expire on April 30, 2020 unless extended by a subsequent order.  All previous Executive Orders remain in effect.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

While on March 24, 2020, Governor Ron DeSantis issued executive order No. 20-83 directing the State Surgeon General and State Health Officer to issue an advisory urging people over 65 or with preexisting health conditions to stay home and otherwise limit their risk of exposure and urging all people to work from home when possible and not to congregate in groups of 10 or more, he has stopped short of issuing a shelter in place order.

However, Carlos Gimenez, the County Mayor of Miami-Dade County instituted Emergency Order 7-20, effective as of 9:00 p.m. on March  19, 2020 until the expiration of the existing Miami-Dade County State Local Emergency, as potentially extended, closing all non-essential retail and commercial establishments. Considered essential are: i) contractors and other tradesmen… who provide service that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; ii) open construction sites, irrespective of the type of building; and iii) architectural, engineering, or land surveying services. While the order does not generally limit the number of persons who may be physically present while performing essential business, employers and employees are urged, but not required, to practice social distancing, including keeping six feet between persons and limiting groups to less than ten people.

On March 24, 2020 Mayor Gimenez also issued Emergency Order 10-20 which provides that essential commercial and retail establishments should continue to observe the Centers for Disease Control and Prevention’s social distancing guidelines of keeping six feet between persons and that failure to consistently observe same shall subject the establishment to closure. In addition, the Order urges individuals to remain home unless engaging in essential activities, including, travel to or from essential businesses and to attempt to observe social distancing guidelines.

On June 26, 2020 all of Illinois moved into phase 4 of Governor Pritzker’s Restore Illinois Plan, which includes the following limitations:

Gatherings: All gatherings of 50 people or fewer are allowed with this limit subject to change based on latest data & guidance

Travel: Travel should follow IDPH and CDC approved guidance

Health care: All health care providers are open

Education and childcare: P-12 schools, higher education, all summer programs, and childcare open with IDPH approved safety guidance

Outdoor recreation: All outdoor recreation allowed

Businesses:

– Manufacturing: All manufacturing open with IDPH approved safety guidance

– “Non-essential” businesses: All employees return to work with IDPH approved safety guidance; Employers are encouraged to provide accommodations for COVID-19-vulnerable employees

– Bars and restaurants: Open with capacity limits and IDPH approved safety guidance

– Personal care services and health clubs: All barbershops, salons, spas and health and fitness clubs open with capacity limits and IDPH approved safety guidance

– Entertainment: Cinema and theaters open with capacity limits and IDPH approved safety guidance

– Retail: Open with capacity limits and IDPH approved safety guidance

On May 5, 2020, Governor Pritzker issued “Restore Illinois,” a public health approach to reopen Illinois. The 5 phases of the plan are as follows:

Phase 1 – Rapid Spread

Strict stay at home and social distancing guidelines are put in place, and only essential businesses remain open. Every region has experienced this phase once already and could return to it if mitigation efforts are unsuccessful.

Phase 2 – Flattening

Non-essential retail stores reopen for curb-side pickup and delivery. Illinoisans are directed to wear a face covering when outside the home and can begin enjoying additional outdoor activities like golf, boating & fishing while practicing social distancing.

Phase 3 – Recovery

Manufacturing, offices, retail, barbershops and salons can reopen to the public with capacity and other limits and safety precautions. Gatherings of 10 people or fewer are allowed. Face coverings and social distancing are the norm.

Phase 4 – Revitalization

Gatherings of 50 people or fewer are allowed, restaurants and bars reopen, travel resumes, childcare and schools reopen under guidance from the Illinois Department of Public Health. Face coverings and social distancing are the norm.

Phase 5 – Illinois Restored

The economy fully reopens with safety precautions continuing. Conventions, festivals and large events are permitted, and all businesses, schools and places of recreation can open with new safety guidance and procedures.

As of June 23, all counties are in phase 3.

On April 30, 2020, Governor Pritzker issued Executive Orders 2020-32 and 2020-33. These orders extend Illinois’ stay at home regulations until May 29, 2020 and require essential businesses to follow additional health and safety requirements, including social distancing and the provision of face-coverings to employees.

On March 20, 2020, Governor Pritzker issued COVID-19 Executive Order No. 8 requiring non-essential businesses and operations in the State to cease all activities within the state except Minimum Business Operations and telecommuting.

Essential operations, which are allowed to proceed, include the provision of services or performance of work necessary to offer, provide, operate, maintain and repair Essential Infrastructure. Construction, including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term facilities, public works construction, and housing construction is considered part of Essential Infrastructure. Essential Infrastructure is construed broadly to avoid any impacts to essential infrastructure, broadly defined.

This Order was extended to April 30, 2020 by Illinois State Executive Order 16 (COVID-19 Executive Order No. 14).

On June 10, 2020, Governor Hogan announced additional Stage 2 reopenings, including indoor dining and outdoor amusements.

On July 29, 2020, Governor Hogan announced an expanded statewide mask order and out-of-state travel advisory. Pursuant to same, all persons over 5 years old are required to wear face coverings in public spaces of businesses as well as in outdoor public areas when physical distancing is not possible. In addition, Marylanders are strongly advised against traveling to states with positivity rates of 10% or higher and anyone traveling from those states are to get tested and quarantine while awaiting the results.

On August 27, 2020 Governor Hogan announced that all school systems are authorized to begin safely reopening. However, the final authority rests with the county boards of education.

On September 1, 2020 Governor Hogan partially moved Maryland into the third and final stage of its reopening, including the opening of indoor theatres and outdoor venues at reduced capacity, as well as an increase in retail and religious facilities capacity to 75%.

On May 13, 2020, Governor Hogan issued Executive Order 20-05-13-01 moving Maryland from a Stay at Home order to Stage I of “Maryland Strong: Roadmap to Recovery.” As part of same, Maryland was permitted to gradually reopen retail, manufacturing, houses of worship and some personal services. The timing of reopenings was left to the discretion of individual jurisdictions.

On May 27, 2020, Governor Hogan issued Executive Order 20-05-27-01 allowing Maryland to move forward with the completion of Stage I of its reopening, including resumption of outdoor dining and outdoor activities such as youth sports and youth day camps, and the reopening of outdoor pools and drive-in movie theaters.

On June 3, 2020, Governor Hogan issued Executive Order 20-06-3-01 permitting Maryland to move into Stage 2 of its reopening, including lifting the closure of non-essential businesses. Such businesses include construction, manufacturing, retail shops, specialty vendors, wholesalers, warehouses, and offices including information technology firms, legal offices, accounting, banking and financial institutions, insurance agencies, design studios, advertising and architectural firms, and media production companies. Real estate offices, travel agencies, auto dealer showrooms, bank branches and various other offices are also permitted to reopen with public health and safety guidance recommendations in place. The Maryland Department of Commerce issued guidance and best practices to help businesses reopen safely. As with Stage 1, individual jurisdictions are empowered to make decisions regarding the timing of reopenings.

On June 10, 2020, Governor Hogan announced additional safe and phased reopenings as part of Stage 2, starting on June 12 and June 19, respectively. Such reopenings include indoor dining and gyms at 50% capacity as well as certain amusements, with appropriate health and safety protocols.

On March 30, 2020, Governor Hogan issued Executive Order No. 20-03-30-01 amending the March 23 Order. This new Order requires all persons in the State to stay in their homes as of 8:00 p.m. on March 30, except to conduct or participate in Essential Activities or to perform work in businesses that are not required to close. Construction remains a critical infrastructure activity which may remain open, according to interpretative guidance COVID19-04 issued by Maryland on March 23, 2020.  Maryland issued further guidance in COVID19-08 regarding documentation required for workers travelling to essential businesses. This order specified the form of travelling documentation the worker should carry, and clarified that workers residing out of state are permitted to travel into Maryland to their regular place of employment.

The Governor of Maryland issued an Executive Order on March 23, 2020. Md. Exec. Order No. 20-03-23-01 (March 23, 2020). This Order mandates non-essential businesses to close. Id. If a businesses is not considered part of the critical infrastructure sector as defined by the CISA Guidance, then it is a non-essential business and must close to the public by close of business on March 23, 2020. Id. The Office of Legal Counsel of the Governor’s Office issued two letters providing Interpretive Guidance. The first letter issued on March 23, 2020 by the Office of Legal Counsel (“Initial Interpretative Guidance”), expressly provides that commercial and residential construction companies as part of the commercial facilities sector are performing critical infrastructure work. Interpretative Guidance, State of Md., (last visited March 23, 2020).  Additionally, “[c]ompanies that sell supplies and materials for maintenance of commercial and residential buildings, including…plumbing distributors, electrical distributors, and HVAC distributors” are not required to close.

The Office of the Legal Counsel issued a second letter providing Interpretative Guidance on March 23, 2020 (“Additional Interpretative Guidance”), which lists additional businesses that are not required to close under the recently issued Order. This Additional Interpretative Guidance states that, “[c]ompanies that provide portable tents, portable flooring, portable lighting, portable toilets, portable handwashing stations, portable HVAC and other related equipment” and “[c]ompanies that rent tools and/or equipment” are not required to close. Therefore, this recently issued Order does not require our clients, performing construction work or providing certain construction supplies, to close or cease operations in the State of Maryland. Id. The State of Maryland’s website clarified that if a business is permitted to operate then it must follow CDC’s health protocols, such as social distancing, and “do everything in [their] power to prevent groups of 10 or more people from congregating in one area.” Maryland’s COVID-19 Business Response, State of Md., (last visited March 23, 2020).

The State of Maryland enacted the COVID-19 Public Health Emergency Protection Act of 2020 (“MD COVID-19 Act”). COVID-19 Public Health Emergency Protection Act of 2020 (2020).[1] The MD COVID-19 Act empowers the Governor of the State of Maryland to take actions that may effect the construction industry including an “employer’s actions”. Id. More specifically, “[t]he Governor may prohibit an employer from terminating an employee solely on the basis that the employee has been required to be isolated or quarantined.” Id.

[1] This bill was recently signed by the Governor on March 19, 2020. Only the House Bill and Senate Bill are available as of March 20, 2020.

As of July 6, 2020, Massachusetts entered Phase III, Step 1 of its reopening plan (except for Boston which entered Phase III on July 13), in which the following businesses were permitted to open under certain restrictions:

– Movie theaters and outdoor performance venues;

– Museums, cultural and historical sites;

– Fitness centers and health clubs;

– Certain indoor recreational activities with low potential for contact;

– Professional sports teams, under the authority of league-wide rules, may hold games without spectators

In addition, Phase III, Step 1 included restricting indoor gatherings to 8 people per 1,000 square feet, not to exceed 25 people. Outdoor gatherings in enclosed spaces are restricted to 25% of the facility’s maximum occupancy, with a limit of 100 people.

On August 7, 2020, Governor Baker announced that Step 2 of the Phase III reopening would be postponed indefinitely due to an uptick in coronavirus cases. In addition, Phase IV is not expected to commence until there is an effective therapeutic or vaccine.

On May 11, 2020, Governor Baker announced a four-phase plan for reopening. Such phases are defined as follows:

Phase I – “Start:” limited industries resume operations with severe restrictions

Phase II – “Cautious:” additional industries resume operations with restrictions and capacity limits

Phase III – “Vigilant:” additional industries resume operations with guidance

Phase IV – “New Normal:” development of vaccine and/or therapy enables resumption of new normal

Under Governor Baker’s “Safer at Home” Advisory, residents are instructed to stay at home unless engaging with opened activities or businesses.

On May 18, 2020, Massachusetts began Phase 1 of its reopening, including construction, and the Reopening Advisory Board released Reopening Massachusetts, detailing the four-phased strategy to responsibly reopen businesses and activities.

On June 1, 2020, Governor Baker issued Executive Order No. 35, outlining the businesses which are permitted to commence operations in Phases II, III and IV and permitting businesses to begin preparation for Phase II reopening. Step I of Phase II began on June 8 and Step II on June 22.

The Department of Public Health and the COVID-19 Command Center issued Mandatory Workplace Safety Standards applicable to all sectors and industries open in Phase I, which created new workplace requirements for social distancing, hygiene, staffing and operations, and cleaning. Sector-specific protocols and best practices for reopening, which all Phase I and II businesses must follow, have also been released. With respect to construction, these include workplace safety standards and protocols for enforcement and oversight, employee health protection (zero tolerance), construction and remodeling in 1-3 family residences, and worker infection.

On April 28, 2020 Governor Baker issued COVID-19 Order No. 30 extending COVID-19 Order No. 13 until May 18, 2020.

On April 2, 2020, Massachusetts Department of Transportation and the Division of Capital Asset Management and Maintenance issued “COVID-19 Guidelines and Procedures for All Construction Sites and Workers at All Public Works Sites” as required by Governor Baker’s COVID-19 Order No. 13, as revised and extended. These guidelines contain the required enforcement procedures to be followed by all state agencies and authorities who undertake, manage or fund construction projects. In addition, it may be used by each city or town for ensuring the safety of construction projects. As part of these regulations, if a construction site cannot comply with the safety guidance, it must pause the construction activity until a corrective action plan is approved by the owner and the city or town. If a site is repeatedly found by the owner’s COVID-19 officer or a state or local inspector to be in violation social distancing or safety requirements, it must close down for the duration of the State of Emergency.

Also released on April 2, 2020 were Supplemental Guidelines for Construction Sites, Addendum 1, which provides procedures for limiting workers’ exposure to COVID-19 and protocols for dealing with worker infection.

On March 31, 2020 Governor Baker issued COVID-19 Order No. 21 extending the provisions of his March 23, 2020 Order Assuring Continued Operation of Essential Services in the Commonwealth, Closing Certain Workplaces, and Prohibiting Gatherings of More than 10 People (“COVID-19 Order No. 13”) until May 4, 2020.

On March 31, 2020 Governor Baker issued an Essential Services Extension Order extending his March 23, 2020 Order requiring all non-essential businesses and operations to close their physical workspaces and facilities until May 4, 2020.

Pursuant to the Massachusetts’ government’s website “construction generally is allowed to continue if it is essential infrastructure or is related to essential products, services and supply chain in COVID-19 relief efforts. Work may also proceed if it is needed for the operation or maintenance of an existing building, is expressly permitted within the exemption for a specific essential industry, or involves the production of new housing units.” 

This Order is at odds with orders in Boston, Cambridge and Somerville which have required a moratorium on all construction, with some limited exceptions. It is not yet clear whether cities’ orders overrule the State’s.

On March 23, 2020, Governor Charlie Baker issued COVID-19 Order No. 13 requiring all non-essential businesses and operations to close their physical workspaces and facilities from March 24 at Noon until April 7 at Noon. Essential businesses are permitted to continue operation of brick and mortar facilities but are urged to follow social distancing protocols. Construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction) are considered essential under Governor Baker’s Order. The following individuals are also considered essential employees:

Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including roads and bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues;

Workers – including contracted vendors – involved in the construction of critical or strategic infrastructure including public works construction, airport operations, water, sewer, gas, electrical, nuclear, oil refining and other critical energy services, roads and highways, public transportation, solid waste collection and removal, and internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services);

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;

Engineers, technicians and associated personnel responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables.

On June 15, 2020 New Jersey entered Stage 2 of its reopening, with a phased-in opening of moderate risk businesses and activities.

As of September 24, 2020, New Jersey’s travel advisory applies to the following states:

– Alabama

– Alaska

– Arizona

– Arkansas

– Delaware

– Florida

– Georgia

– Guam

– Idaho

– Illinois

– Indiana

– Iowa

– Kansas

– Kentucky

– Louisiana

– Minnesota

– Mississippi

– Missouri

– Montana

– Nebraska

– Nevada

– North Carolina

– North Dakota

– Oklahoma

– Puerto Rico

– Rhode Island

– South Carolina

– South Dakota

– Tennessee

– Texas

– Utah

– Virginia

– West Virginia

– Wisconsin

– Wyoming

On June 22, 2002 Governor Murphy issued Executive Order No. 156, increasing the limit on indoor gatherings to 100 people or 25% of the room’s capacity, whichever is less, and to 250 persons for outdoor gatherings.

On June 24, 2020, the governors of New York, New Jersey and Connecticut announced that people arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a seven-day rolling average, must quarantine for 14 days. As of June 24, the advisory applies to Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Utah and Texas.

On June 9, 2020, Governor Murphy issued Executive Orders No. 152 and 153 lifting the stay at home order that had been in effect in New Jersey since March 21, 2020. Other restrictions remain in place, although the limit on outdoor gatherings has been raised to 100 people and indoor gatherings to 50 people or 25% of capacity, whichever is less. In addition, pools can open on June 22, 2020 and other outdoor recreational businesses can resume immediately.

On May 13, 2020, Governor Murphy issued Executive Order No. 142, permitting the physical operations of all non-essential construction projects to resume, subject to numerous health and safety measures, including social distancing. The Order also allowed retail businesses to resume operations under strict conditions, including curbside pick-up only, and allowed for certain limited social gatherings. No municipality, county, or agency or political subdivision of the State is permitted to issue any order, rule, regulation or the like which would conflict with the Order or interfere with or impede the Order’s achievement.

On May 6, 2020, Governor Murphy issued Executive Order 138 extending New Jersey’s Public Health Emergency for at least 30 days. Contractors continue to be bound by Executive Order No. 122 prohibiting all non-essential construction projects, as discussed below.

On April 8, 2020, Governor Murphy issued Executive Order No. 122, which requires the cessation of all non-essential construction projects as of 8:00 p.m. on April 10, 2020 until further notice.

“Essential construction projects” are defined as the following:

a. Projects necessary for the delivery of health care services, including but not limited to hospitals, other health care facilities, and pharmaceutical manufacturing facilities;

b. Transportation projects, including roads, bridges, and mass transit facilities or physical infrastructure, including work done at airports or seaports;

c. Utility projects, including those necessary for energy and electricity production and transmission, and any decommissioning of 8 facilities used for electricity generation;

d. Residential projects that are exclusively designated as affordable housing;

e. Projects involving pre-K-12 schools, including but not limited to projects in Schools Development Authority districts, and projects involving higher education facilities;

f. Projects already underway involving individual single-family homes, or an individual apartment unit where an individual already resides, with a construction crew of 5 or fewer individuals. This includes additions to single-family homes such as solar panels;

g. Projects already underway involving a residential unit for which a tenant or buyer has already entered into a legally binding agreement to occupy the unit by a certain date, and construction is necessary to ensure the unit’s availability by that date;

h. Projects involving facilities at which any one or more of the following takes place: the manufacture, distribution, storage, or servicing of goods or products that are sold by online retail businesses or essential retail businesses, as defined by Executive Order No. 107 (2020) and subsequent Administrative Orders adopted pursuant to that Order;

i. Projects involving data centers or facilities that are critical to a business’s ability to function;

j. Projects necessary for the delivery of essential social services, including homeless shelters;

k. Any project necessary to support law enforcement agencies or first responder units in their response to the COVID-19 emergency;

l. Any project that is ordered or contracted for by Federal, State, county, or municipal government, or any project that must be completed to meet a deadline established by the Federal government;

m. Any work on a non-essential construction project that is required to physically secure the site of the project, ensure the structural integrity of any buildings on the site, abate any hazards that would exist on the site if the construction were to remain in its current condition, remediate a site, or otherwise ensure that the site and any buildings therein are appropriately protected and safe during the suspension of the project; and

n. Any emergency repairs necessary to ensure the health and safety of residents.

Businesses performing essential construction must adopt policies, including, at minimum, the following:

a. Prohibit non-essential visitors from entering the worksite;

b. Limit worksite meetings, inductions, and workgroups to groups of fewer than ten individuals;

c. Require individuals to maintain six feet or more distance between them wherever possible;

d. Stagger work start and stop times where practicable to limit the number of individuals entering and leaving the worksite concurrently;

e. Stagger lunch breaks and work times where practicable to enable operations to safely continue while utilizing the least number of individuals possible at the site;

f. Restrict the number of individuals who can access common areas, such as restrooms and breakrooms, concurrently;

g. Require workers and visitors to wear cloth face coverings, in accordance with CDC recommendations, while on the premises, except where doing so would inhibit the individual’s health or the individual is under two years of age, and require workers to wear gloves while on the premises. Businesses must provide, at their expense, such face coverings and gloves for their employees. If a visitor refuses to wear a cloth face covering for non-medical reasons and if such covering cannot be provided to the individual by the business at the point of entry, then the business must decline entry to the individual. Nothing in the stated policy should prevent workers or visitors from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the businesses is otherwise required to provide such worker with more protective equipment due to the nature of the work involved. Where an individual declines to wear a face covering on the premises due to a medical condition that inhibits such usage, neither the business nor its staff shall require the individual to produce medical documentation verifying the stated condition;

h. Require infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal;

i. Limit sharing of tools, equipment, and machinery;

j. Provide sanitization materials, such as hand sanitizer and sanitizing wipes, to workers and visitors; and

k. Require frequent sanitization of high-touch areas like restrooms, breakrooms, equipment, and machinery.

Businesses performing essential construction must also adopt policies including, at minimum, the following:

a. Immediately separate and send home workers who appear to have symptoms consistent with COVID-19 illness upon arrival at work or who become sick during the day;

b. Promptly notify workers of any known exposure to COVID-19 at the worksite, consistent with the confidentiality requirements of the Americans with Disabilities Act and any other applicable laws;

c. Clean and disinfect the worksite in accordance with CDC guidelines when a worker at the site has been diagnosed with COVID-19 illness; and

d. Continue to follow guidelines and directives issued by the New Jersey Department of Health, the CDC and the Occupational Health and Safety Administration, as applicable, for maintaining a clean, safe and healthy work environment.

Implemented simultaneously with Executive Order No. 107 is Executive Order No. 108, which invalidates any restriction implemented by a county, municipality, agency or political subdivision that in any way will or might conflict with any of Governor Murphy’s executive orders, including Executive Order No. 107.

On March 21, 2020, Governor Phil Murphy signed Executive Order No. 107, closing physical locations of all non-essential retail businesses from March 21 at 9 p.m. until further notice. Unlike stop work orders in many other states, including New York, businesses in New Jersey that are not retail may continue to operate but must accommodate telework or work-from-home arrangements wherever practicable. Notably, construction workers have specifically been identified in the Executive Order as employees who need to be present at their work site in order to perform their job duties. However, staff must be reduced to the minimal number necessary to ensure the continuation of critical operations.

On July 8, 2020, all of New York entered Phase 4, except for New York City which entered Phase 4 on July 20, with additional restrictions. The non-essential businesses which are permitted to resume operations at certain points during Stage 4 include:

– Higher Education

– Pre-K to Grade 12 Schools

– Low-Risk Outdoor Arts & Entertainment

– Low-Risk Indoor Arts & Entertainment

– Media Production

– Professional Sports Competitions with No Fans

– Malls

– Gyms and Fitness Centers

Indoor dining is permitted to open in New York City as of September 30, 2020 at 25%.

As of September 24, 2020, New York’s travel advisory applies to the following states:

– Alabama

– Alaska

– Arizona

– Arkansas

– Delaware

– Florida

– Georgia

– Guam

– Idaho

– Illinois

– Indiana

– Iowa

– Kansas

– Kentucky

– Louisiana

– Minnesota

– Mississippi

– Missouri

– Montana

– Nebraska

– Nevada

– North Carolina

– North Dakota

– Oklahoma

– Puerto Rico

– Rhode Island

– South Carolina

– South Dakota

– Tennessee

– Texas

– Utah

– Virginia

– West Virginia

– Wisconsin

– Wyoming

On June 13, 2020, Governor Cuomo issued Executive Order No. 202.41 which identifies the following regions as meeting prescribed public health and safety metrics required for Phase Three reopening, as of June 12, 2020: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Phase three allows indoor restaurant and food services and personal care services to resume subject to specific guidelines to maximize safety and social distancing. In addition, gatherings of up to 25 people (as opposed to 10) are allowed in phase 3. Long Island entered Phase 3 on June 24. Finally, New York City entered Phase Two on June 22 and, as of June 26, Mayor Bill DiBlasio has stated that New York City will likely move into Phase 3 on July 6.

On June 24, 2020, the governors of New York, New Jersey and Connecticut announced that people arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a seven-day rolling average, must quarantine for 14 days. As of June 24, the advisory applies to Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Utah and Texas.

Pursuant to Governor Cuomo’s Executive Order 202.34 and subsequent orders, construction projects subject to NYC Department of Buildings (DOB) permits, or otherwise regulated by the NYC Construction Codes and the NYC Electrical Code may proceed so long as they comply with New York State’s Interim Guidance For Construction Activities During The COVID-19 Public Health Emergency (NYS Interim Guidance). Such guidance applies to all construction activities in operation during the COVID-19 public health emergency until rescinded or amended by the State, including those newly reopened and those previously designated as essential.

Employers must develop and prominently display a site-specific health plan and submit and display an affirmation to the State that they have read and understood the reopening requirements required in the NYS Interim Guidelines. The State has prepared a safety plan template to guide in the preparation of such plans.

DOB inspectors will determine compliance with the State’s guidance, including, but not limited to, required social distancing; face coverings; hand washing; visible signage, safety plans and affirmations; cleaning logs; site safety monitors; logs to allow for contact tracing and a communication plan.

DOB violations issued during the first 30 days of reopening will not carry a financial penalty as DOB will be focusing on industry education and implementation of new standards and procedures. After the 30 day period, violations will result in financial penalties and further noncompliance could result in Stop Work Order and summonses with penalties of up to $5,000 for each offense.

During Phase 1, Stop Work Orders issued by DOB during the nonessential construction ban period will be lifted except for those sites that continued work even after issuance of a Stop Work Order and that have outstanding civil penalties.

For additional information, owners and contractors should also review The NYC Health Department FAQ “Reopening New York City: Frequently Asked Questions What the Constructions Businesses Need to Know.” Such FAQ provide information on general business compliance as well as best practices that can be implemented on construction sites.

On May 29, 2020, Governor Cuomo issued Executive Orders 202.34 and 202.35 extending New York on Pause indefinitely but making regions eligible for Phase One reopening as soon as they meet the Department of Health’s prescribed public health and safety metrics. As of May 28, 2020 the regions meeting those metrics: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, North Country, Western New York, Capital Region, Mid-Hudson, and Long Island. Such regions include the counties of Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, Yates, Cayuga, Cortland, Madison, Onondaga, Oswego, Fulton, Herkimer, Montgomery, Oneida, Otsego, Schoharie, Broome, Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga, Tompkins, Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis, St. Lawrence, Allegany, Cattaraugus, Chautauqua, Erie, Niagara, Albany, Columbia, Greene, Saratoga, Schenectady, Rensselaer, Warren, Washington, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester, Nassau, and Suffolk.

Governor Cuomo also announced that New York City will begin Phase 1 of reopening on June 8 and five other regions—Central New York, Finger Lakes, Mohawk Valley, North Country and Southern Tier—will enter Phase 2 as of May 29th. Phase 2 permits office workers, real estate services, in-store retail and some barbershop services to resume. Each business and industry is subject to Department of Health and other state guidelines for maintaining safety and social distancing.

See NY Forward Safety Plan Template and Contact Tracing Tool, attached below.

On May 14, 2020, Governor Cuomo issued Executive Order No. 202.31, Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency. Pursuant to that Order, New York on PAUSE is continued until at least 11:59 p.m. on May 28, 2020. However, as of May 15, 2020, the reductions and restrictions on non-essential businesses’ in-person workforce in specific regions shall no longer apply to certain industries, including Construction (as well as Agriculture, Forestry, Fishing and Hunting, Retail (limited to curbside or in-store pickup or drop off); and Manufacturing and Wholesale Trade). The applicable regions are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier and the North Country regions comprising the counties of: Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, Yates Cayuga, Cortland, Madison, Onondaga, Oswego, Fulton, Herkimer, Montgomery, Oneida, Otsego, Schoharie, Broome, Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga, Tompkins Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis, and St. Lawrence. Any additional regions which meet the Department of Health’s prescribed public health and safety metrics after May 14, 2020 will be incorporated into the Order without further revision. The Order also allows for the Department of Taxation and Finance to accept digital signatures on certain documents and allows for the opening of drive-in movie theaters.

On April 24, 2020, Empire State Development Corporation issued new “Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders.” All non-essential construction is required to safely shut down, except emergency construction (e.g. a project necessary to protect health and safety of the occupants, or to continue a project it if would be unsafe to allow it to remain unfinished, but only to the point which is safe to suspend work).

Essential construction, which may continue if it complies with Department of Health guidance and directive for maintaining a safe work environment, includes the following:

– construction for, or your business provides necessary support for construction projects involving, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools;

– construction for affordable housing, as defined as construction work where either (i) a minimum of 20% of the residential units are or will be deemed affordable and are or will be subject to a regulatory agreement and/or a declaration from a local, state, or federal government agency or (ii) where the project is being undertaken by, or on behalf of, a public housing authority;

– construction necessary to protect the health and safety of occupants of a structure;

– construction necessary to continue a project if allowing the project to remain undone would be unsafe, provided that the construction must be shut down when it is safe to do so;

– construction for projects in the energy industry in accordance with Question No. 14 in the FAQ at:  https://esd.ny.gov/sites/default/files/ESD_EssentialEmployerFAQ_033120.pdf;

– construction for existing (i.e. currently underway) projects of an essential business; or

– construction work that is being completed by a single worker who is the sole employee/worker on the job site.

The guidance provides the following additional direction with respect to the continuation of essential construction:

At every site, it is required that the personnel working on the site maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits.  Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation.

Construction may continue solely with respect to those employees that must be present at the business location/construction site in support of essential business activities. No other employees/personnel shall be permitted to work in-person at the business location/construction site.  Any other business activities being completed that are not essential are still subject to the restrictions provided by Executive Order 202.

With respect to local government projects, to the greatest extent possible, any non-essential projects should be postponed and essential projects should only proceed when they can implement appropriate social distancing and cleaning/disinfecting protocols. Essential projects are those with a nexus to health and safety of the building occupants or those that support the broader essential services required to fulfill the critical operations of government or the emergency response to the COVID-19 public health crisis.

On April 16, 2020 Governor Cuomo issued Executive Order No. 202.18 extending his previous Executive Orders placing restrictions on in-person businesses and workplaces (“NYS on Pause”) until at least May 15, 2020. The Order includes many other provisions, including the extension of the time in which certain business filings and renewal applications need to be made until 30 days after the expiration of Executive Order 202. (See Sections 1514 and 1531 of the Business Corporation Law, Section 121-1500(g) of the Partnership Law and Section 7210 of the Education Law).

On April 12, 2020, Governor Cuomo issued Executive Order No. 202.16, which, amongst other things, requires all employees of essential businesses or entities to be provided, at the employer’s expense, and wear face coverings when in direct contact with customers or members of the public. Days later, on April 15, 2020, Governor Cuomo issued Executive Order No. 202.17 requiring any individual over two years old, who is able to medically tolerate a face-covering, to cover their nose and mouth with a mask or cloth face-covering when in a public place if they are not maintaining social distance.

On April 9, 2020 the Empire state Development Agency issued guidelines as to what constitutes an Essential Business, under Governor Cuomo’s Executive Order 202.6. Construction is considered essential and may continue, to the extent that:

– the construction is for, or your business supports, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools;

– the construction is for affordable housing, as defined as construction work where either (i) a minimum of 20% of the residential units are or will be deemed affordable and are or will be subject to a regulatory agreement and/or a declaration from a local, state, or federal government agency or (ii) where the project is being undertaken by, or on behalf of, a public housing authority;

– the construction is necessary to protect the health and safety of occupants of a structure;

– the construction is necessary to continue a project if allowing the project to remain undone would be unsafe, provided that the construction must be shut down when it is safe to do so;

– the construction is for projects in the energy industry in accordance with Question No. 14 in the FAQ at:  https://esd.ny.gov/sites/default/files/ESD_EssentialEmployerFAQ_033120.pdf;

– the construction is for existing (i.e. currently underway) projects of an essential business; or

– the construction work is being completed by a single worker who is the sole employee/worker on the job site.

Construction that proceeds must maintain appropriate social distancing and cleaning/disinfecting protocols or they will be fined up to $10,000 per violation. In addition, only those employees that are required at the site in support of the essential business activities are exempt from the business closures.

All non-essential construction must shut down with the exception of 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, but only to the point that it is safe to suspend work).”

Finally, while local governments are exempt from the essential business restrictions, to the greatest extent possible, they are to postpone any non-essential projects and only proceed with essential projects when appropriate social distancing and cleaning/disinfecting protocols can be implemented. Essential projects should be those with a nexus to health and safety of building occupants or that support essential services required to fulfill critical government operations or to respond to the COVID-19 emergency.

On April 7, 2020, Governor Cuomo issued Executive Order No. 202.14, Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency, generally extending his prior Executive Orders for thirty days until May 7, 2020. As part of this Executive Order, all in-person business and workplace restrictions will be effective until 11:59 p.m. on April 29, 2020, unless later extended.

On April 3, 2020, the New York State Department of Transportation issued a memorandum permitting members of the construction industry to modify its work week from five days of 8 hours each to four days of 10 hours each in order to facilitate proper social distancing. In order to make the modification there must be a ‘Dispensation for Hours’ in place.  If there is not such a dispensation in place on the project, it must be applied for using the Application for Dispensation for Hours (PW30). 

On March 31, 2020, the New York State Department of Health issued “Protocols for Essential Personnel to Return to Work Following COVID-19 Exposure or Infection.” This guidance permits organizations that provide essential services or functions to allow individuals who were exposed to are recovering from COVID-19 to return to the workplace, if needed to maintain essential operations. However, such individuals may only return under certain conditions which differ depending upon whether the individual has been exposed to COVID-19 or had a confirmed case his or herself. Please see the enclosed memorandum for such protocols.

On March 30, 2020, Governor Cuomo issued Executive Order No. 202.13 amending prior Executive Order 202.6 to provide that as of March 28, 2020 only “certain construction,” as determined by the Empire State Development Corporation, is considered exempt from the in-person restrictions. (See the above entry entitled “Empire State Development Updated Guidance on EO 202.6 April 9, 2020” for a description of construction that is considered essential). Additionally, all projects which are permitted to continue must utilize best practices to avoid transmission of COVID-19.

Update: March 27, 2020

On March 18, 2020, New York Governor Cuomo issued Executive Order 202.6 which required all non-essential businesses to maximize telecommuting and work-from-home programs and achieve a 50% reduction in their in-person work force. That order designated “construction” as an essential business and authorized the Empire State Development Corporation to issue guidance as to which businesses are determined to be essential by 5 pm on March 19, 2010. The Empire State Development Corporation then issued guidance identifying construction, including skilled trades such as electricians and plumbers and other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes, as an Essential Business.  Executive Orders 202.7 and 202.8 increased the In-person limitations first to 75%, and then to 100%, respectively.

On March 27, 2020, the Empire State Development Corporation issued updated guidance. With respect to construction, the guidance states:

– 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 the city/local governments. This will include fines of up to $10,000 per violation.

– For purposes of this section construction work does not include a single worker, who is the sole employee/worker on a job site.

New York has become the epicenter of the battle against coronavirus in the United States. As a result, Governor Andrew Cuomo has issued numerous executive orders in an attempt to contain the spread. Such orders include “New York State on PAUSE” (Executive Order 202.10), which Governor Cuomo’s office describes as a 10-point policy to assure uniform safety for everyone. The initial order, which went into effect at 8 p.m. on March 22, 2020, requires all non-essential businesses in the state to close in-office personnel functions.

Businesses that provide essential services or functions are not subject to the in-person restrictions, but are permitted to operate at the level necessary to provide such services or functions. However, such businesses must implement rules that help facilitate social distancing of at least six feet and comply with the Department of Health’s guidance and directives for maintaining a clean and safe work environment.

Governor Cuomo’s office has issued guidance to help businesses determine whether they provide essential services or perform essential functions. Such guidance identifies construction, including skilled trades such as electricians and plumbers and other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes, as an Essential Business.

On July 22, 2020, Governor DeWine issued a mask mandate for all citizens, with some limited exceptions. Masks are required indoors in a location other than a residence, outdoors when individuals are unable to maintain 6-foot social distance, and when individuals are waiting for, riding, driving, or operating public transportation or ride-shares.

In conjunction therewith, Governor DeWine also issued a travel advisory requiring all individuals coming into Ohio from states with 15% or higher positive testing rates to quarantine for 14 days. As of September 23, 2020, the states on this list are South Dakota, Idaho, Wisconsin, Iowa and Kansas.

On May 29, 2020, the Ohio Department of Health issued the Director’s Updated and Revised Order for Business Guidance and Social Distancing, with sector-specific COVID-19 Information for various industries, including construction.

On June 23, 2020, additional Sector Specific Operating Requirements were issued for various sectors, including construction, mandating and recommending particular health and safety measures.

On April 2, 2020 the Ohio Department of Health issued Ohio’s “Stay-at-Home” Order. 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 remains part of Essential Infrastructure.

On April 27, 2000, Governor DeWine announced Ohio’s “Responsible Restart Ohio Plan.” Pursuant to this plan, beginning on May 4, 2020, construction and certain other businesses may reopen if they meet mandatory safety requirements, including social distancing, the use of facial coverings, cleaning protocols and the like.

On April 30, 2020, the Ohio Department of Health issued the “Stay Safe Ohio” order. This order replaces Ohio’s previous “Stay-at-Home” order and incorporates the openings of businesses and services which are part of the “Responsible Restart Ohio” plan.

On May 19, 2020, the Ohio Department of Health issued the “Ohioans Protecting Ohioans Urgent Health Advisory” replacing the “Stay Safe Ohio” order. Ohio citizens are no longer required to stay home but citizens, especially those at high-risk, are recommended to stay home as much as possible. The mass gathering restriction remains at a 10 person limit. Travel restrictions, including the requirement that someone quarantine after returning to Ohio, are lifted but unnecessary travel is not encouraged and restrictions on those diagnosed with or experiencing symptoms of COVID-19 remain.

On March 22, 2020, the Ohio Department of Health issued an order prohibiting gatherings of any size and closing all nonessential businesses from March 23 until April 6 at 11:59 p.m. Individuals may leave their homes to provide services or perform work necessary to offer, provide, operate, maintain and repair Essential Infrastructure. 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 is considered part of Essential Infrastructure. Essential Infrastructure is construed broadly to avoid any impacts to essential infrastructure, broadly defined.

As of July 3, 2020, all counties are in the green phase of Governor Wolf’s reopening plan.

On July 16, 2020, Governor Wolf implemented targeted mitigation efforts in response to a rise in COVID cases, primarily in southwest Pennsylvania, leading to statewide mitigation efforts for bars and restaurants, gatherings and telework.

Governor Wolf’s administration implemented a three phase plan to determine when counties and/or regions are ready to begin easing certain restrictions on work, congregate settings and social interactions. The red phase requires strict social distancing, closing of schools and non-life sustaining businesses and implementation of building safety protocols. As regions or counties move into the yellow phase, certain restrictions on work and social interaction have eased while numerous closures, including schools, gyms, and other indoor recreation centers and salons, as well as limitations on large gatherings, remain in place. After transition to the yellow phase, if overall risk remains mitigated for 14 days, the county will transition to the green phase, in which most restrictions are eased.

As of June 19, the following 54 counties are in the green phase: Adams, Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin, Elk, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Juniata, Jefferson, Lawrence, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, Wyoming and York.

As of June 19, the following 13 counties are in the yellow phase: Berks, Bucks, Chester, Delaware, Erie, Lackawanna, Lancaster, Lebanon, Lehigh, Montgomery, Northampton, Philadelphia and Susquehanna. However, as of June 26, all these counties except Lebanon are expected to move to the green phase.

On April 23, 2020, Pennsylvania issued “Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency.” All construction may resume on May 1, 2020 (or continue if not previously prohibited) in strict accordance with this guidance. The guidance, which can be found below, is designed to “prevent or mitigate the spread of COVID-19 and ensure the safety of the employers, employees and the public as a whole.” Construction projects must also be in compliance with any stricter requirements issued by local political units.

On April 20, 2020, Governor Wolf extended Pennsylvania’s Stay-at-Home orders until May 8, 2020 at 12:01 A.M. Governor Wolf indicated that as of May 8, construction will be allowed to resume with certain safety guidelines that have not yet been released.

On April 1, 202, Governor Wolf issued an Executive Order “For Individuals to Stay at Home.”

Pursuant to the Order, all Pennsylvania residents are ordered to stay at home except as needed to access, support, or provide life-sustaining business, emergency, or government services.

Construction is not considered a life sustaining business except for emergency repairs and construction of health care facilities.

On March 19. 2020 Governor Tom Wolf ordered all non-life sustaining businesses to cease operations. In addition, on March 23, 2020 the Secretary of Health ordered all persons residing in certain counties to stay at home except as needed to access, support or provide life sustaining business, emergency or government services. The orders have since been modified to add additional counties. The counties currently under this order include: Allegheny, Beaver, Berks, Bucks, Butler, Centre, Chester, Delaware, Erie, Lackawanna, Lancaster, Lehigh, Luzerne, Monroe, Montgomery, Northampton County, Philadelphia County, Pike, Washington, Wayne, Westmoreland, and York. These orders are currently scheduled to be in place until April 6, 2020.

Construction is not considered a life sustaining business except for emergency repairs, construction of health care facilities and those operations necessary to ensure compliance with federal, state or local regulatory requirements. Businesses suspending physical operations must limit on-site personnel to those necessary to maintain critical functions, and follow social distancing and mitigation guidance provided by the Pennsylvania Department of Health and Centers for Disease Control and Prevention.

On July 2, 2020, Governor Abbott issued Executive Orders No. 28 and 29, instituting additional measures to slow the spread of COVID-19, including limiting gatherings and requiring face masks to be worn in public spaces in counties with 20 or more positive cases, with a few exceptions. In addition, a number of municipalities have instituted their own orders requiring face coverings and limiting gatherings.

On May 18, 2020, Governor Abbott issued Executive Order GA-23 moving Texas into the second phase of its plan to expand openings of certain businesses and activities. Executive Order GA-23 was updated on May 26, 2020, permitting additional services and activities to open. All newly opened businesses and services are subject to recommended minimum standard health protocols outlined by the Department of State Health Services (“DSHS”).

On June 3, 2020, Governor Abbott issued Executive Order GA-26 moving Texas into the third phase of its plan to expand openings of certain businesses and activities. On June 23, Executive Order GA-26 was expanded to allow mayors and county judges to impose restrictions on certain outdoor gatherings of over 100 people. All newly opened businesses and services continue to be subject to recommended minimum standard health protocols outlined by DSHS.

On June 25, 2020, Governor Abbott paused movement into any further phases to allow the state to respond to a surge in COVID-19 cases and hospitalizations. Business that were previously permitted to open may continue to operate at the designated occupancy levels and in compliance with the minimum health protocols provided by DSHS.

On June 26, 2020, Governor Abbott issued Executive Order GA-28 placing additional restrictions on certain businesses and activities and giving local officials more control over large gatherings.

On April 27, 2020, Governor Abbott issued Executive Order GA-18 “relating to the expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the COVID-19 disaster.” Essential services, which can remain open, include everything listed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 or any subsequent version.

With respect to essential or reopened services, people and businesses should follow the minimum standard health protocols recommended by DSHS, and to the extent not inconsistent therewith, the Guidelines from the President and CDC, as well as other CDC recommendations, and should implement social distancing, work from home if possible, and practice good hygiene, environmental cleanliness, and sanitation. People are encouraged to wear face coverings, but no jurisdiction can impose penalties for a failure to wear one.

Executive Order GA-18 supersedes any conflicting order issued by local officials, to the extent such local order restricts essential or reopened services allowed by GA-18, allows gathering prohibited by GA-18, or expands the lost of essential services or the list or scope of reopened services set forth in GA-18.

On Friday, April 17, 2020 Governor Abbott issued three new Executive Orders directed at the reopening of Texas businesses. He began by stating that April 20, 2020, state parks will open, face coverings are mandated, and no gatherings larger than five are permitted.

Governor Abbott’s first Executive Order, GA-15, relates to hospital capacity during the COVID-19 disaster and states that all licensed health care professionals and all licensed health care facilities must continue to postpone all surgeries and procedures that are not medically necessary to diagnose or correct a serious medical condition of, or to preserve the life of, a patient who without timely performance of the surgery or procedure would be at risk for serious adverse medical consequences or death as determined by the patient’s physician.

GA-16 relates to the safe, strategic reopening of select services and activities in Texas as the first step to reopen Texas in response to the COVID-19 disaster. Starting April 24, 2020, this model allows retail establishments to deliver items to customer’s cars, homes, or through other minimal-contact practices. This Executive Order also states that schools will remain closed for the duration of the 2019-2020 academic year and follows the guidelines put in place by President Trump through the continued restriction of visitations at nursing homes, assisted living facilities, and state supported living centers.

The third order, GA-17, establishes the Governor’s Strike Force to Open Texas. The strike force is created to advise the governor on safely and strategically restarting and revitalizing all aspects of the Texas economy including work, school, entertainment, and culture. The Governor will announce a revised plan for the state based on these initial recommendations on April 27, 2020.

On March 31 Governor Abbott issued Executive Order No. GA-14 (GA-14) relating to statewide continuity of essential services and activities during the COVID-19 crisis and specifically mandating the enforcement of DHS’s CISA Guidelines.

The CISA Guidelines related to construction when read in connection with GA-14 are not completely clear regarding what types of construction are permitted to continue. The sectors considered critical infrastructure work directly related to construction are: Energy, Water and Wastewater, Transportation and Logistics, Public Works, Communications and Information Technology, Critical Manufacturing, HazMat, and Defense Industrial Base, Commercial Facilities, and Residential/Shelter Facilities and Services.

For the most part, GA-14 was received positively by the Texas construction industry believing that all public and private projects are deemed “essential activities” under GA-14. In further support of this “business as normal” interpretation of GA-14, there are a number of reports indicating the Governor will amend GA-14 to clarify that commercial construction activities will stay open at this time.

To date, we are unaware of any owner-directed project suspensions in Texas in response to GA-14.

On March 29, 2020, Texas Governor Greg Abbott issued Executive Order GA12, Relating to roadway screening and self-quarantine during the COVID-19 disaster (the “Order”) pursuant to Chapter 418 of the Texas Government Code.

Every person who enters Texas “through roadways from Louisiana” is subject to a mandatory self-quarantine for the shorter of: (1) 14 days from the time of entry; or (2) the duration of that person’s stay in Texas.

As determined by the Texas Division of Emergency Management (“TDEM”), certain people may be exempt if they are traveling in connection with the following:

– commercial activity;

– military service;

– emergency response;

See attached Texas Joint Worksite Safety Plan.

While Governor Greg Abbott has issued executive orders implementing certain rules such as the minimization of social gatherings, the implementation of social distancing, the closure of schools and gyms and bars and restaurants for eat-in dining, he has stopped short of issuing any shelter in place orders. However, he has permitted municipalities to institute their own stricter regulations and a number of cities and counties have done so. In our Local section of the Public Action Matrix, we feature descriptions of some of those particular Stay at Home orders, but the user of this guide should look at the website of the particular municipality or county they are interested in to determine whether it has issued an order and the requirements of same.

On July 28, 2020, Governor Northam issued Executive Order No. 68 imposing additional restrictions on certain establishments serving food and drink and on gatherings in the Cities of Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, Hampton, Williamsburg, Newport News, Poquoson, James City County, and York County (Eastern Region).

On June 30, 2020, Governor Northam issued Executive Order No. 67, implementing Phase Three of his “Forward Virginia” plan. The Order continued to ease business, gathering, and travel restrictions originally imposed by Executive Orders 53 and 55.

On May 8, 2020, Governor Northam issued Executive Order No. 61, effective as of May 15, 2020, implementing Phase I of his “Forward Virginia” plan to reopen Virginia. Pursuant to Executive Order No. 62, certain jurisdictions were allowed to remain in Phase Zero.

On June 9, 2020, Governor Northam issued Executive Order No. 65, effective as of June 5, implementing further reopenings under Phase II. However, the Northern Virginia region and the City of Richmond did not enter Phase II until June 12. In conjunction therewith, Governor Northam issued guidelines for businesses in general as well as particular sectors.

On June 18, 2020, Governor Northam issued a press release presenting the third phase of the “Forward Virginia” plan to ease public health restrictions. In conjunction therewith, Governor Northam once again issued guidelines for businesses in general as well as particular sectors. As of June 23, Governor Northam indicated that he plans to allow the entire state to move into Phase 3 of reopening on July 1. However, he also indicated that he would consider a delay in Northern Virginia and Richmond, if requested by their officials.

On March 23, 2020, Governor Ralph Northam issued Executive Order No. 53 closing certain retail businesses from March 24 at 11:59 p.m. until April 23, 2020 at 11:59 p.m. Business operations offering professional services may remain open but are asked to utilize teleworking as much as possible. Where telework is not feasible, those businesses must adhere to social distancing recommendations and enhanced sanitizing practices and apply relevant workplace guidance from state and federal authorities.

On March 30, 2020 Governor Northam issued Executive Order No. 55 ordering all individuals in Virginia to remain at home except as permitted by the Order until June 10, 2020, unless amended or rescinded by further executive order. Businesses not closed pursuant to Order No. 53 are permitted to remain open  and people may leave their home and travel for work purposes.

On March 12, 2020, the Governor of the Commonwealth of Virginia issued a state of emergency due to the COVID-19 outbreak. Va. Exec. Order (March 12, 2020). On March 23, 2020, the Governor issued Executive Order No. 53 and effective, March 24, 2020 through April 23, 2020, “all public and private in person gatherings of 10 or more individuals are prohibited.” Va. Exec. Order No. 53 (March 23, 2020). This ordered all recreational and entertainment businesses to close to the public. Id. This Order provided that essential retail businesses, including home improvement, hardware, building material, and building supply retailers to remain open. See id. Any brick and mortar retail businesses not expressly listed as a retail business that may remain open, may continue to operate if it is able to limit in-person shopping to no more than 10 people per establishment. Id.

Businesses offering professional services, as compared to retail businesses, may remain open and utilize teleworking as much as possible. Id. However, if such professional services business cannot utilize teleworking, “such business must adhere to social distancing recommendations, enhanced sanitizing practices on common surfaces, and apply the relevant workplace guidance from state and federal authorities.” Id. The Governor’s Order requiring certain businesses to close to the public applies to retail businesses except those deemed essential. However, construction contractors and subcontractors are not retailers, they provide professional services and may continue to operate in the Commonwealth of Virginia and must continue to follow CDC’s recommendations since inherently construction services cannot be performed remotely. Additionally, our clients should be able to receive construction supplies during this time as such businesses may remain open. Id. Additionally, our clients in Virginia may continue to travel interstate to perform their services or transport supplies. Frequently Asked Questions Regarding Executive Order Fifty-Three, link (last visited March 23, 2020).

As of September 21, 2020, the counties in the first 3 phases of reopening (none are yet in phase 4) are as follows:

Modified Phase 1: Benton, Chelan, Douglas, Franklin and Yakima

Phase 2: Adams, Clallam, Clark, Cowlitz, Grant, Jefferson, King, Kitsap, Klickitat, Okanogan, Pierce, San Juan, Skagit, Snohomish, Spokane, Walla Walla and Whatcom

Phase 3: Asotin, Columbia, Ferry, Garfield, Grays Harbor, Island, Kittitas, Lewis, Lincoln, Mason, Pacific, Pend Oreille, Skamania, Stevens, Thurston, Wahkiakum and Whitman

On May 29, 2020, Governor Inslee announced an updated 4-phase, county-by-county “Safe Start” reopening plan. Existing construction that meets agreed upon criteria is in Phase I and additional construction as outlined in Phase II guidance is in Phase II. All businesses are required to follow state safety plans during all phases. Counties are to stay in each phase for at least three weeks and must obtain permission from the state to proceed to the next phase.

As of June 24, 2020 the counties in the first 3 phases (none are yet in phase 4) are as follows:

Phase 1 – Benton, Franklin and Yakima

Modified Phase 1 – Chelan and Douglas

Phase 2 – Adams, Clallam, Clark, Cowlitz, Grant, Jefferson, King, Kitsap, Klickitat, Okanogan, Pierce, San Juan, Skagit, Snohomish, Spokane, Walla Walla, and Whatcom

Phase 3 – Asotin, Columbia, Ferry, Garfield, Grays Harbor, Island, Kittitas, Lewis, Lincoln, Mason, Pacific, Pend Oreille, Skamania, Stevens, Thurston, Wahkiakum, and Whitman

On May 4, 2020, Governor Jay Inslee issued a Proclamation adjusting and extending his previously issued Stay Home – Stay Healthy order until May 31, 2020 and outlining a “Safe Start” to the reopening of the state’s economy.

Under the Proclamation all counties are in Phase I but certain smaller counties with minimal COVID-19 infection can apply for an exemption. Washington will stay in each phase for at least 3 weeks.

Under the Proclamation low-risk construction work will resume during Phase I. This encompasses any existing construction projects complying with the job site requirements in the Phase 1 plan. Prior to recommencing, all contractors must develop and post at each job site a comprehensive COVID-19 exposure control, mitigation, and recovery plan, including policies regarding PPE utilization; social distancing; hygiene; sanitation; symptom monitoring; incident reporting; site decontamination procedures; COVID-19 safety training; exposure response procedures; and a post-exposure incident project wide recovery plan.

No jobsite can operate until all requirements are met and can be maintained. The site safety practices in the Phase 1 plan must continue to be implemented as long as the “Stay Home, Stay Healthy” Proclamation 20-25 is in effect or if adopted by a federal, state or local regulatory agency.

On March 23, 2020 Governor Jay Inslee implemented Stay Home – Stay Healthy, an amendment to Proclamation 20-05 prohibiting all people in the state from leaving their homes except to participate in essential activities or essential business services.

Essential business services are defined therein as “an essential employee performing work for an essential business as identified in the ‘Essential Critical Infrastructure Workers’ list.” Such list specifically identifies the following as essential workers related to construction:

– Engineers, technicians and associated personnel responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables.

– Construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction) for all essential facilities, services and projects included in this document, and for residential construction related to emergency repairs and projects that ensure structural integrity.

– Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues.

In addition, essential businesses are prohibited from operating unless they implement social distancing and sanitation measures established by the United States Department of Labor’s Guidance on Preparing Workplaces for COVID-19 and the Washington State Department of Health Workplace and Employer Resources & Recommendations.

On March 25, 2020, Governor Inslee issued a memorandum providing the construction industry with additional guidance regarding the Stay Home – Stay Healthy Proclamation, stating that construction is not considered an essential activity and that both commercial and residential construction is generally not authorized under the Proclamation. However, Governor Inslee permitted an exception for construction in the following limited circumstances:

a) Construction related to essential activities as described in the order;

b) To further a public purpose related to a public entity or governmental function or facility, including but not limited to publicly financed low-income housing; or

c) To prevent spoliation and avoid damage or unsafe conditions, and address emergency repairs at both non-essential businesses and residential structures.

To that end, it is permissible for workers who are building, construction superintendents, tradesmen, or tradeswomen, or other trades including, but not limited to, plumbers, electricians, carpenters, laborers, sheet metal, iron workers, masonry, pipe trades, fabricators, heavy equipment and crane operators, finishers, exterminators, pesticide applicators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC technicians, painting, moving and relocation services, forestry and arborists, and other service providers to provide services consistent with this guidance. All construction activity must meet social distancing and appropriate health and worker protection measures before proceeding.

On April 2, 2020 Governor Inslee’s stay at home order was extended from April 8 to May 4.

Furthermore, Sound Transit has suspended 80% of its capital construction as the result of an inability to meet social distancing guidelines and properly staff projects. To the extent projects remain open, Sound Transit will conduct additional oversight, may require expanded safety measures and will expect that construction personnel not be compelled to work.

Sound Transit’s website identifies the following as examples of critical work that will continue:

– Utility work that is already in progress at various locations will be completed

– Work in streets of the Tacoma Stadium District that is highly disruptive to the public

– Work on the I-90 floating bridge

– Certain sidewalks, ramps and driveways on the Eastside, which are important for the safe passage of pedestrian and vehicular traffic

– Demolition of buildings along the Federal Way alignment that would pose a public health or safety concern if left standing

– Fire protection systems work in the I-90 Mount Baker Tunnel

– Work at the Link Operations and Maintenance Facility East

On May 9, 2020, Governor DeSantis issued Executive Order No. 20-120, which is effective as of 12:01 A.M. on May 11, 2020. Pursuant thereto, Executive Order No. 20-112, the Re-Open Plan for the State of Florida, is extended but its prohibition on reopening no longer applies to Palm Beach County. Accordingly, Palm Beach County, including Boca Raton, may begin reopening businesses in accordance with Executive Order 20-112. (See the Florida entry in this matrix for a description of the businesses which may reopen).

On March 26, 2020, the City of Boca Raton issued a Stay Home, Stay Safe Order requiring all persons, with some exceptions, to remain in their homes. The exceptions are very similar to the ones outlined in our guidance with respect to Palm Beach County.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

As of July 6, 2020, Massachusetts entered Phase III, Step 1 of its reopening plan (except for Boston which entered Phase III on July 13), in which the following businesses were permitted to open under certain restrictions:

– Movie theaters and outdoor performance venues;

– Museums, cultural and historical sites;

– Fitness centers and health clubs;

– Certain indoor recreational activities with low potential for contact;

– Professional sports teams, under the authority of league-wide rules, may hold games without spectators

In addition, Phase III, Step 1 included restricting indoor gatherings to 8 people per 1,000 square feet, not to exceed 25 people. Outdoor gatherings in enclosed spaces are restricted to 25% of the facility’s maximum occupancy, with a limit of 100 people.

On August 7, 2020, Governor Baker announced that Step 2 of the Phase III reopening would be postponed indefinitely due to an uptick in coronavirus cases. In addition, Phase IV is not expected to commence until there is an effective therapeutic or vaccine.

While construction was permitted to resume in Massachusetts as of May 18, 2020, the City of Boston chose to reopen construction in a phased manner, as follows:

May 5, 2020 – Essential construction projects with approved safety plans and signed affidavits filed with the appropriate regulatory agencies will be authorized to prepare the site with project-specific COVID-19 safety measures.

May 18, 2020 – The City of Boston will allow essential construction project on sites that meet the following criteria: (1) Projects are permitted, in compliance and have filed a Covid-19 Safety plan and a signed affidavit; (2) Project sites are sufficiently prepared to adhere to all criteria of their safety plan; and (3) the work is for hospitals, public schools, residential buildings [1-3 units], road and utility work, or other outdoor/open air-work such as steel erection, roofing and constructing foundations.

May 26, 2020 – The City of Boston will allow all essential construction projects to re-commence construction activities in adherence to their safety plans.

As of June 24, 2020, the final stage of reopening construction in Boston was completed.

On May 5, 2020, the City of Boston issued a memorandum explaining how it plans to incrementally expand its categories of allowed construction to align with the categories of construction the State has defined as essential. The anticipated dates are as follows:

– May 5, 2020 – Essential construction projects with approved safety plans and signed affidavits filed with the appropriate regulatory agencies will be authorized to prepare the site with project-specific COVID-19 safety measures.

– May 18, 2020 – The City of Boston will allow essential construction project on sites that meet the following criteria: (1) Projects are permitted, in compliance and have filed a Covid-19 Safety plan and a signed affidavit; (2) Project sites are sufficiently prepared to adhere to all criteria of their safety plan; and (3) the work is for hospitals, public schools, residential buildings [1-3 units], road and utility work, or other outdoor/open air-work such as steel erection, roofing and constructing foundations.

– May 26, 2020 – The City of Boston will allow all essential construction projects to re-commence construction activities in adherence to their safety plans. This incremental approach will provide the time necessary to allow complex, large-scale development an opportunity to educate their workforce, safely remobilize and implement their site-specific Safety Plan.

At no time will Boston permit any construction beyond that which is allowed by the State as an essential construction project.

Effective April 27, 2020, all essential construction projects must submit a COVID-19 Safety Plan and Safety Affidavit to the City, as discussed below.

The “COVID-19 Construction Site Best Practices Worksheet” is designed to assist construction projects in developing a project-specific Safety Plan for COVID-19, addressing the CDC, OSHA and Massachusetts guidelines and best practices (including Massachusetts Covid-19 Guidelines and Procedures for All Construction Sites). The plan is to be provided to the City and all workers on the site and must be in place before any site work can begin. If an individual checks “no” to any of the items on the worksheet, they must include a justification for this in the project’s safety plan, including an alternative approach for ensuring safety in that particular area.

The Safety Affidavit requires a project Contractor to certify that it (as well as each Subcontractor, Sub-subcontractor, and other party performing work on the site) will operate in strict compliance with all applicable regulations, guidelines, and requirements imposed by the CDC and OSHA; Massachusetts COVID-19 Guidelines and Procedures for All Construction Sites and Workers at All Public Work; and Industry Best Practices involving COVID-19 construction safety. In addition, the Contractor must agree to develop and submit to the City and all workers the written project-specific COVID-19 Safety Plan discussed above, in consultation with guidance provided by the CDC, OSHA, Massachusetts, and Industry Best Practices, before performing any work on the site. Notably, by signing this affidavit, the Contractor also must swear that Boston’s acceptance of the Safety Plan is not an explicit or implied approval of the Contractor’s measures to combat the pandemic and that non-compliance with any of the requirements of the affidavit, including failure to abide by its Safety Plan, may result in suspension or termination of work or revocation of the project’s permit.

On March 16, 2020, Boston Mayor Martin Walsh suspended all regular activity at construction sites permitted by the City of Boston and gave contractors and owners until March 23 to secure projects and install skeleton crews to keep sites safe for the remainder of the suspension. The only work permitted by that order is:

– emergency utility, road or building work, such as gas leaks, water leaks and sinkholes

– new utility connections to occupied buildings

– mandated building or utility work

– work at public health facilities, healthcare facilities, shelters, including temporary shelters and other facilities that support vulnerable populations

– work which ensures the reliability of the transportation network, and

– other work necessary to render occupied residential buildings fully habitable.

On March 24, 2020, the Mayor issued “Temporary Guidance for Construction in the City of Boston” which states that the City will still allow work which is essential to the safety and well-being of Boston’s residents, particularly that which is related to this public health crisis. Essential work is defined in the order as that which is set forth above, plus small residential construction projects in dwellings of 3 units or less (e.g. kitchen or bathroom remodeling).

The city will also review requests for exceptions to the moratorium, which will only be granted if the work supports increased public health and safety and precautions are taken to mitigate the risk of exposure to COVID-19 among workers.

The Mayor also stated that this policy will be reviewed regularly.

Florida Executive Order No. 20-139 Exceptions, June 3, 2020 (Miami-Dade, Broward and Palm Beach counties)

On June 3, 2020 Governor DeSantis issued Executive Order No. 20-139, moving all of Florida, with the exception of Miami-Dade, Broward and Palm Beach counties, into Phase 2 of reopening, as of June 5, 2020. The excepted counties must seek permission to move into Phase 2. Governor DeSantis stated that the major difference between phases 1 and 2 is the expansion of people’s ability to dine out and seek entertainment.

On May 14, 2020, Broward County issued Emergency Order 20-10, providing for a phased reopening of businesses beginning on Monday, May 18, 2020.  The Order provides:

– Professional services and other businesses located in multi-business office buildings can resume normal operations, to the extent they are designated as essential services pursuant to the Governor’s Executive Order 20-91.

– All businesses are strongly encouraged to perform remote operations and allow employees to utilize telework or other remote working methods that permit social distancing.

– All operations must comply with the CDC Guidelines and Broward County Emergency Order 20-07, as amended.

– Restaurants and food establishments can open for dining at a maximum 50% indoor occupancy, with six-foot distancing and other restrictions. Outdoor seating is allowed with six-foot distancing, but outdoor seating combined with indoor seating cannot exceed 100% of total occupancy limits.

– Retail establishments selling goods other than personal services can open at a maximum 50% indoor occupancy, with other restrictions.

– Businesses that provide personal services by Florida licensed professionals (including barbershops, cosmetology salons and cosmetology specialty salons) can open with restrictions, provided they are licensed with the State of Florida and comply with requirements pursuant to the Governor’s Executive Order 20-120.

– Existing licensed drive-in movie theaters can operate at up to 50% capacity, with restrictions.  Indoor movie theaters shall remain closed until further notice.

– Community rooms, fitness centers and gyms located within multi-family housing developments or community associations can operate at their option, with restrictions, including 50% maximum occupancy. Residents only, no guests allowed. Hot tubs, saunas, steam rooms and shower facilities shall remain closed. Standalone commercial facilities are excluded from the scope of Emergency Order 20-10.

– Public pools and private club pools (including municipal pools) can open, with restrictions. The water features at facilities operated by Broward County Parks and Recreation remain closed.

– Museums can open with a maximum 25% capacity, and with other restrictions.  All components of museums that have interactive functions or exhibits, including child play areas, remain closed.

– The Broward Sheriff’s Office, and other law enforcement agencies including municipal law enforcement agencies, code enforcement officers, and other personnel as provided for in Broward County Code of Ordinances, are authorized to enforce this Emergency Order against any person or entity violating any provision of Emergency Order 20-10.

– The provisions of Emergency Order 20-10 shall serve as minimum standards, and municipalities within Broward County may establish more stringent standards within their jurisdictions, to the extent permitted by law.

All businesses and customers must comply with the CDC, Florida Department of Health and Department of Business & Professional Regulation guidelines.  The Order becomes effective on Monday, May 18, 2020 at 12:01 a.m.

On April 28, 2020 Broward County issued Emergency Order 20-08 allowing for the limited opening of certain parks (specialty and neighborhood parks), natural areas, boat ramps, marinas, golf courses, and pools.  All beaches will remain closed.  Social distancing and CDC guidelines will be enforced.  The Order is effective as of 12:01 a.m., on April 29, 2020.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 27, 2020 Broward County extended their State of Local Emergency for an additional seven (7) days commencing at 9:00am on April 28, 2020.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 11, 2020, Broward County issued Emergency Order 20-07, requiring all persons when visiting essential businesses, obtaining and/or providing essential services during in-person interactions with the public, to wear facial covering.  This mandate applies to all construction sites.  Facial coverings should cover nose and mouth and comply with CDC recommendations, should not be placed on young children under the age of two (2) or worn by persons who have difficulty breathing.  Moreover, facial coverings and other disposable PPE must discarded properly.

EO 20-07 became effective on Saturday, April 11, 2020 at 12:01 a.m.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On March 30, 2020, Broward County issued EO 20-04, identifying additional businesses as nonessential and requiring their immediate closure. Nonessential businesses include all golf courses; movie theatres; marinas and boat launches, docking, fueling, marine supply, and other marina services (not including piers) but only to the extent necessary to support limited operations.  EO 20-04 also provides clarification to real estate sales and real property title services as an essential business by adding the following activities:

in-person appraisals, inspections, surveys, or other in-person required activities (but, for such other in-person required activities, only those expressly required as part of a written agreement), solely to the extent necessary in connection with real estate purchases and sales agreements entered into on or prior to March 22, 2020, the effective date of Emergency Order 20-01.  For all in-person interactions, those providing any service under this provision must strictly observe all CDC guidelines regarding sanitation and social distancing.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On March 26, 2020, Broward County issued EO 20-03, amending EO 20-01 and urging individuals to remain home other than to engage in essential activities.  Individuals outside of their home shall comply with all requirements of the Executive Orders issued by the Governor of State of Florida and all Broward County Emergency Orders and must adhere to all measures advised by the CDC regarding social distancing.   In addition to urging individuals to remain home (“shelter-in-place”), EO 20-03 clarifies or adds to certain essential businesses and defines essential employees.  The order makes no change to the contractors and other tradesmen clause.  However the following clauses, relevant to construction industry, have been amended with additional/new language:

– Open construction sites, irrespective of the type of building or project;

– Businesses providing goods or services to any local, state, or federal government pursuant to a contract with to such government but only if such goods or services related directly to a governmental response to the COVID-19 crisis, or relate to governmental public works construction project within Broward County;

– Real estate sales and real property title services, provided such services are performed only electronically or remotely.

– Businesses that primarily supply other essential businesses…with support or supplies necessary to operate and which do not interact with the general public…provided that such businesses operate in full compliance with all measures advised by the CDC regarding social distancing;

– Essential employees are categorically exempt from any travel, curfew, or other restrictions relating to COVID-19 that are issued by Broward County or any other local governmental entity to the extent the activities at issue are required in order to comply with the employee’s duties as an essential employee of Broward County or any other governmental entity.  Essential employees are defined as: first responders, gang and crisis intervention workers, public health workers, emergency management personnel, emergency dispatchers, law enforcement personnel and related contractors, persons working for emergency services providers, and governmental employees working in the course and scope of their employment.

The order became effective on Friday, March 27, 2020 at 12:01 a.m. and expires upon the expiration of the existing State of Local Emergency, as the same may be extended.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On March 23, 2020, Broward County issued Emergency Order (“EO”) 20-01, closing all nonessential retail and commercial business locations, except to the extent necessary to perform minimum basic operations.  Retail and commercial businesses deemed essential and existing retail and commercial business locations of these businesses are able to remain open, but must practice and ensure persons interacting with and within the business are practicing social distancing and all other safety measures as prescribed by the Center for Disease Control.   Businesses deemed essential, include but are not limited to:

Contractors and other tradesmen, building management and maintenance (including janitorial companies servicing commercial businesses)…and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures;

– open construction sites, irrespective of the type of building or project;

– businesses providing architectural, engineering, or land surveying services, but only with regard to ongoing construction projects which construction has already commenced and provided that such businesses operate in full compliance with all measures advised by the CDC regarding social distancing;

– factories, warehouses, manufacturing facilities, bottling plants, or other industrial distribution and supply chain facilities used for essential products and industries for the U.S. domestic market;

– businesses providing services to any local, state, or federal government, pursuant to a contract with such government and provided such services relate directly to a government response to COVID-19 crisis;

– electrical production and distribution services, and

– Businesses that primarily supply other essential businesses as stated in EO 20-01, with support or supplies necessary to operate and which do not interact with the general public, including cybersecurity firms.

To the extent these existing businesses are permitted to remain open, they must ensure employees and all persons interacting with and within such businesses practice social distancing, and all other measures as advised by the CDC and the Florida Department of Health.

This order became effective on Monday, March 23, 2020 at 12:01 a.m. and expires upon the expiration of the existing State of Local Emergency, as the same may be extended.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

As of July 6, 2020, Massachusetts entered Phase III, Step 1 of its reopening plan (except for Boston which entered Phase III on July 13), in which the following businesses were permitted to open under certain restrictions:

– Movie theaters and outdoor performance venues;

– Museums, cultural and historical sites;

– Fitness centers and health clubs;

– Certain indoor recreational activities with low potential for contact;

– Professional sports teams, under the authority of league-wide rules, may hold games without spectators

In addition, Phase III, Step 1 included restricting indoor gatherings to 8 people per 1,000 square feet, not to exceed 25 people. Outdoor gatherings in enclosed spaces are restricted to 25% of the facility’s maximum occupancy, with a limit of 100 people.

On August 7, 2020, Governor Baker announced that Step 2 of the Phase III reopening would be postponed indefinitely due to an uptick in coronavirus cases. In addition, Phase IV is not expected to commence until there is an effective therapeutic or vaccine.

On May 20, 2020, the City of Cambridge issued an Amended Temporary Emergency Construction Order, allowing phased reopening of construction beginning on May 25. The four phases are as follows:

Phase 1, beginning May 25 – will add site safety prep work for projects previously permitted by Inspectional Services (ISD) and Public Works (DPW). Amendments to the City’s March 18 Temporary Emergency Construction Order will modify the definition of essential construction to include work associated with COVID-19 restaurant modification needed to allow safe reopening;

Phase 2, beginning June 1 – will add horizontal construction, city building projects, 100% affordable housing developments and larger buildings (over 25,000 square feet) previously permitted by ISD or DPW;

Phase 3, beginning June 15 – will add all remaining existing construction previously permitted by ISD and DPW;

Phase 4a, beginning June 22 – will add new permits for horizontal construction, roof, solar, siding, asbestos, and trade permits including plumbing, gas, mechanical, sheet metal, electrical and sprinkler; and

Phase 4b, beginning June 29 – will add new Building Permits (addition/alteration, new construction, demolition).  Permits and pre-reviews may occur at any time, but permits will not be formally issued until this date.

On May 4, 2020 Cambridge announced the appointment of 23 members to a new City Manager’s Construction Advisory Group designed to provide advice on drafting best practices to incorporate into a safe construction reopening plan. Members of the Advisory Group, which will meet weekly, represent public health, building trade unions, inspectional and public works officials, contractors, development project managers and universities. Previously approved emergency construction during the moratorium is to continue.

On April 2, 2020 “Mandatory Guidelines for Construction During COVID-19 Pandemic (“City’s COVID-19 Construction Guidelines”) for Contractors Working During the Moratorium” were issued, providing health and safety guidance for any construction projects permitted to continue. Contractors are responsible for ensuring that all on site personnel, including contract workers and subcontractors, comply with these guidelines. The Inspectional Services Department and the Department of Public Works will be spot-checking permitted sites for compliance and may shut down any found to be in violation.

On March 18, 2020, the City of Cambridge instituted a Temporary Emergency Construction Moratorium on construction work, including building trades, regulated or permitted by the Commissioner of Inspectional Services or the Commissioner or Public Works. During the Moratorium, which is to remain in effect until further notice, construction activity will only be permitted with the explicit permission of the Commissioner of Inspectional Services or the Commissioner or Public Works, as applicable, and only for activity that is essential or in response to an emergency as set forth in the guidelines issued by the City.

As of close of business on March 21, 2020, all construction activity must have ceased, and construction sites may only be accessed thereafter to make the job site safe and secure. By close of business on March 26, 2020, all make-safe measures must be in place and job sites made safe and secure.

Construction on one, two and three family residential structures already permitted, including associated building trades, is exempted from the Moratorium. However, contractors at these job sites are asked to limit the number of workers on site to allow for safe social distancing practices as recommended by the Department of Public Health.

On May 12, 2020, Consolidated City of Jacksonville issued an extension of Emergency Executive Proclamation 2020-001 extending their Emergency Executive Proclamation until May 31, 2020 at 11:59. This includes Duval County, Beaches and Baldwin County.

On April 29, 2020, Governor Ron DeSantis unveiled the Re-Open Plan for the State of Florida, under Executive Order No. 20-112.  Executive Order No. 20-112 initiates Phase 1 of Florida’s Re-Open Plan and specifically outlines services, activities, and businesses that are allowed to re-open on Monday, May 4, 2020.  The Order applies to most counties in Florida, including Duval.  (See the Florida entry in this matrix for a description of the businesses which may reopen).

On April 1, 2020, City of Jacksonville Mayor, Lenny Curry, issued a Safer-at-Home order, similar to those issued by Miami-Dade, Broward, Palm Beach, and Orange Counties.  The order mandates that citizens remain at home except for critical and essential activities.   Non-essential retail and commercial businesses are to remain closed, only essential retail and commercial businesses, including those related to the construction industry, may remain open.   Essential retail and commercial businesses include, but are not limited to:

– Contractors and other tradesmen, appliance repair personnel, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures;

– Open construction sites, irrespective of the type of building;

– Architectural, engineering, or land surveying services;

– Factories, manufacturing facilities, bottling plants, or other industrial uses;

– Businesses providing services to any local, state, or federal government, including municipalities, pursuant to a contract with such government;

– Businesses that supply other essential businesses with the support or supplies necessary to operate, and which do not interact with the general public

Essential businesses allowed to remain open shall continue to adhere to all other requirements set forth in prior emergency orders and social distancing guidelines. The Order is effective as of April 3, 2020 at 12:01 a.m.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On June 25, 2020, City of Miami implemented a mandatory order requiring that all persons (with very limited exceptions) in the City of Miami wear a facial covering at all times while in an any public space.

On May 12, 2020, City of Miami issued an Order extending the Declaration of Local State of Emergency for an additional period of seven (7) days.

On May 5, 2020, City of Miami issued an Order extending the Declaration of Local State of Emergency for an additional period of seven (7) days commencing on May 5, 2020.

On April 28, 2020 issued Emergency Order 20-08, directing that all parks, recreational facilities, beaches, pools, and marinas within the City of Miami remain closed. All Miami-Dade County Emergency Orders and State of Florida Executive Orders, not in conflict with the City of Miami Order, shall be strictly adhered to. The Order became effective on April 28., 2020 at 11:59 p.m.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 21, 2020, City of Miami issued it’s sixth extension to State of Local Emergency for an additional seven (7) days commencing on April 21, 2020.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 8, 2020, The City of Miami mandated that all persons performing construction activities shall, at all times, wear masks while on the construction site. This mandate also extends to employees and customers in grocery stores, restaurants, pharmacies, convenience stores and retail food facilities, who shall wear masks at all times while on the premises, as well as food delivery workers who must wear a mask while making deliveries. The masks must cover both the nose and mouth.  Masks include the following:

face masks, and homemade masks such as scarves, bandanas, handkerchiefs or other cloth coverings. To the extent possible, individuals should refrain from using N95 respirators and surgical masks, which are in short supply and should be reserved for frontline medical personnel and first responders. 

This mandate became effective as of April 8, 2020 at 11:59 pm.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 29, 2020, Governor Ron DeSantis unveiled the Re-Open Plan for the State of Florida, under Executive Order 20-112.  Executive Order No. 20-112 initiates Phase 1 of Florida’s Re-Open Plan and specifically outlines services, activities, and businesses that are allowed to re-open on Monday, May 4, 2020.  The Order applies to most counties in Florida, including Leon. (See the Florida entry in this matrix for a description of the businesses which may reopen).

To minimize physical contact, the City of Tallahassee has implemented virtual, online building inspections for mechanical change out inspections, gas inspections ad window/door inspections in existing, occupied residential homes.

How it works:

For a virtual inspection, the contractor uses a smartphone or tablet to visually connect with a City inspector who directs the contractor on how to move around the site and showcase specific elements. Results are given immediately and entered into Growth Management’s online system to help move the project forward.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

The City of Tallahassee cites to the Stay-At-Home Executive Order entered by the Governor of the State of Florida requiring all people in Florida to limit their movements and personal interactions outside their home to only those necessary to obtain or provide essential service or conduct essential activities.  All City of Tallahassee office and facilities are closed to the public until further notice.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 23, 2020, Dallas County issued a shelter in place order which is in effect until May 15, 2020. Pursuant to this Order, all businesses operating within the county, except Essential Businesses and Reopened Services, are required to cease nearly all activities within the county. Essential Businesses include the following with respect to construction:

Construction for public works, residential, commercial, and schools. Elective additions and maintenance are prohibited. Protecting construction worker from the spread of COVID19 is extremely important for their safety and for public health, all construction sites must follow the COVID-19 Safety Recommendations issued by the Construction Industry Safety Coalition, including, but not limited to, the Rules for Construction Industry set out in Exhibit B. Failure to strictly comply with this Order can result in penalties described below. Additionally, the general contractor and non-compliant subcontractor can be removed from the essential business list.

Exhibit B of the Order contains rules for the construction industry which outlines how to prevent worker exposure to coronavirus, protective measures to be taken on the job, and cleaning and disinfecting procedures.

To the greatest extent possible, all Essential Businesses are to comply with the Social Distancing Rules attached to the Order, including maintaining six feet social distancing for both employees and the general public.

As discussed in the Texas section of this matrix, Governor Abbott’s Executive Order GA-18, supersedes any conflicting order issued by local officials, to the extent such local order restricts essential or reopened services allowed by GA-18, allows gathering prohibited by GA-18, or expands the list of essential services or the list or scope of reopened services set forth in GA-18 so that order must be reviewed as well when determining whether a construction project can move forward in Dallas County.

April 16, 2020 Dallas County has issued an update to Judge Clay Jenkins’ existing shelter-in-place order to include a mandate regarding face coverings in public (i.e. Essential Businesses and public transportation). This change is effective as of 11:59 p.m. on Friday, April 17.

This new mandate states that all persons over the age of two (2) shall wear some form of covering over their nose and mouth, such as a homemade mask, scarf, bandana or handkerchief, when patronizing an Essential Business or using public transportation. It also says that all non-medical employees who work at an Essential Business or perform services that are exempt must wear the face covering. An owner or operator of an Essential Business may refuse admission or service to any individual who fails to wear face covering, and that face covering is not a substitute for maintaining 6 feet of social distance and hand washing, it is in addition to them in order to slow the spread of the virus.

Implementation of this order will effectively require all construction workers on site to wear face masks.

On March 24, 2020, Dallas County issued an order, effective as of 11:59 on March 24, 2020 and continuing until 11:59 p.m. on April 3, 2020, requiring all individuals living in Dallas County to stay home and businesses, other than Essential Businesses, to close. Essential Businesses were defined to include work necessary to the operations and maintenance of the critical infrastructure sectors as identified by the National Cybersecurity and Infrastructure Agency (CISA), Memorandum of Essential Critical Infrastructure, including public works construction and residential and commercial construction. Essential Businesses were also to implement screening precautions to protect employees and perform all activity in compliance with social distancing guidelines.

On March 29, 2020, Dallas County issued an Amended Shelter in Place Order, as well as Rules for the Construction Industry. With respect to construction, the Amended Order changed the definition of Essential Business to construction for public works, residential, commercial, and schools but prohibiting Elective Additions and maintenance. In addition, all construction activity employers must follow the COVID-19 Safety Recommendations issued by the Construction Industry Safety Coalition, including for social distancing and other health and safety measures.

Denton County’s Disaster Declaration has been extended through at least June 30, 2020.

On April 28, 2020, Denton County extended its Disaster Declaration (which had previously been extended from its initial conclusion date of March 31), through May 15, 2020. The Order specifically states that it is not intended to impose any restrictions inconsistent with Governor Abbott’s Order GA-18 or any subsequent order issued by Governor Abbott relating to COVID-19. (See the Texas entry in this matrix for a summary of GA-18).

See our section on Dallas County March 24, 2020 Order, above, except Denton County’s order continues until March 31, unless extended by the Denton County Commissioners Court or rescinded by the County Judge. In addition, Denton County’s reference to the CISA also mentions its Memorandum of Critical Infrastructure.

On April 29, 2020, the Fort Worth City Council issued a Resolution of Public Health Emergency adopting the provisions of Governor Abbott’s Executive Orders to align with the Governor’s Open Texas Plan. The Resolution continues Fort Worth’s state of disaster past April 30, 2020.

See our section on Dallas County, above, except that the City of Fort Worth’s order expires April 7, 2020, subject to a resolution of continuation by the Fort Worth City Council.

The County has issued “Recommended Guidelines for Societal Restoration” for businesses and organizations to use as a minimum set of recommendations for use in developing individual operational plans when reopening. The guidelines do not include anything specific to the construction industry.

See our section on Dallas County March 24, 2020 Order, above.

On September 3, 2020, LADBS announced the implementation of a Virtual Inspection (“VI”) Program to allow for timely and safe inspections through construction site real-time video streaming.

On March 31, 2020, the Los Angeles Department of Building and Safety issued an Announcement No. 5 detailing a set of guidelines requiring construction industry employers to develop a comprehensive COVID-19 exposure control plan.  The control plan should include measures such as: (i) social distancing; (ii) symptom checking; (iii) hygiene; (iv) decontamination procedures; and (v) training.  Per the Announcement, compliance will be verified during regularly scheduled inspections, as well as during investigations resulting from complaints submitted to LADBS.  Failure to comply with the guidelines may result in withheld inspections or shutting down of the project site until corrected.

On June 19, 2020 Amendment No. 3 to Emergency Order 23-20 was issued, holding that all retail and commercial establishments which do not comply with certain regulations, including facial covering requirements and allowing compliance inspections, must immediately close. Such establishments may only reopen after taking 24 hours to come into compliance and to execute an attestation demonstrating review of the requirements and compliance.

The local state of emergency has repeatedly been extended. Most recently, it was extended on June 25, 2020 for 7 days.

On June 17, 2020, Miami-Dade County issued an Executive Order Extending Declaration of Local State of Emergency for an additional period of seven (7) days commencing on June 18, 2020.  All existing Miami-Dade County Emergency Orders were also renewed with the Declaration.

On June 10, 2020, Miami-Dade County issued an Executive Order Extending Declaration of Local State of Emergency for an additional period of seven (7) days commencing on June 11, 2020.  All existing Miami-Dade County Emergency Orders were also renewed with the Declaration.

On Friday, May 15, 2020, Miami-Dade County issued EO 23-20 allowing the County to move into Phase One of the plan to re-open.  Many commercial businesses, but for those specifically excluded, may re-open in accordance with the restrictions as outlined in the County’s “Moving To A New Normal Handbook”.  All establishments must consent to the entry of County personnel onto the establishment’s property for the sole purpose of inspection for compliance with Order 23-20.  The Order is effective as of Monday, May 18, 2020.

On May 13, 2020, Miami-Dade County issued an Executive Order Extending Declaration of Local State of Emergency for an additional period of seven (7) days commencing on May 14, 2020.  All existing Miami-Dade County Emergency Orders were also renewed with the Declaration.

On May 6, 2020, Miami-Dade County issued an Executive Order extending the Declaration of Local State of Emergency for an additional period of seven (7) days commencing on April 23, 2020.  All existing Miami-Dade Emergency Orders were also renewed with the Executive Order.

On April 27, 2020, Miami-Dade County Issued Emergency Order 21-20, which allows for the opening of parks and recreation facilities, marinas, boat ramps, and golf courses.  Beaches remain closed.  Social distancing and CDC guidelines will be enforced at all venues.  The Order is effective at 6:00 a.m. on April 29, 2020.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 23, 2020, Miami-Dade County issued an Executive Order extending the Declaration of Local State of Emergency for an additional period of seven (7) days commencing on April 23, 2020.  All existing Miami-Dade Emergency Orders were also renewed with the Declaration.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 15, 2020, Miami-Dade County issued an Executive Order extending the Declaration of Local State of Emergency for an additional period of seven (7) days commencing on April 16, 2020.  All existing Miami-Dade Emergency Orders were also renewed with the Declaration.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 9, 2020, Miami-Dade County issued an emergency order requiring that all persons performing construction activities shall, at all times, wear facial coverings while on the construction site.  This order also mandates that persons working in and visiting grocery stores, restaurants, pharmacies, public transit vehicles, vehicles for hire, and locations were social distancing measures are not possible, shall wear facial coverings as approved by the CDC at all times while on the premises.  A facial covering includes:

any covering which snugly covers the face and mouth, whether store bought or homemade, and which is secured with ties or ear loops.  Persons should not utilize N95 rated masks as they are in short supply and should be reserved from frontline medical personnel and first responders.  Review the CDC and Florida Department of Health guidelines regarding safely applying, removing, and cleaning masks.

This Order became effective as of April 9, 2020 at 11:59pm.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 9, 2020, Miami-Dade County issued an Amendment No. 1 to Emergency Order 14-20, which was originally issued on March 28, 2020, relating to the performance of building code inspections by County building code inspectors.  Amendment No. 1 requires modified building code inspection procedures to provide for private inspections, allows virtual inspections using County building code inspectors and establishes social distancing guidelines for on-site inspections.  The Amendment No. 1 to EO 14-20, modifies the emergency procedures for building code inspections and amends paragraph 2 of the original order to read:

County employees shall provide building code inspection services to the public in accordance with the provisions of this order.  To allow for the continuation of construction consistent with the public health, safety and welfare, and in consultation with the Miami-Dade County Building Official, the County hereby adopts the modified emergency procedures…attached to the order as Exhibit 1.

Original language:

County employees shall not provide building code inspection services to the public except in accordance with the provisions of this order. To allow for the continuation of construction consistent with the public health, safety and welfare, and in consultation with the Miami-Dade County Building Official, the County hereby adopts the emergency procedures which are attached to this order as Exhibit 1.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

Executive Order Extending Declaration of Local State of Emergency, April 1, 2020: For the third time, Mayor Carlos Gimenez extended the state of local emergency for an additional 7 days, commencing on April 2, 2020.  The Local State of Emergency includes all of Miami-Dade County and the order renews all existing Miami-Dade County Emergency Orders.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

Recently numerous County employees of the Regulatory and Economic Resources Department who report to or work from the Permitting and Inspection Center located at 11905 SW 26 Street, Miami, Florida have tested positive for the COVID-19 virus.  As a result, the Florida Department of Health recommended the closing of that location and that employees self-isolate.  Mayor Carlos Gimenez closed the location on May 25, 2020 through April 7, 2020.  In addition he issued Emergency Order (“EO”) 14-20, which orders the following:

(1) All laws, statutes, codes and regulations relating to County employees performing building code functions are suspended, including, but not limited to, the review of plans, issuance of permits, performance of inspections and issuance of certificates of occupancy and completion and temporary certificates of occupancy, and all activities related thereto.

(2) County employees shall not provide building code inspection services to the public except in accordance with the provisions of the order.  In order to allow the continuation of construction consistent with the public health, safety, and welfare, and in consultation with Miami-Dade Building Official, the County has adopted emergency procedures outlined by Miami-Dade County Regulatory and Economic Resources (attached to the order as Exhibit 1).

This order shall be extended consistent with the existing order, as the same may be extended, declaring a State of Emergency in Miami-Dade County.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

Orders that all establishments defined as essential commercial or retail establishment in Emergency Order 07-20, as amended from time to time, shall use reasonable efforts to ensure that customers and employees on site maintain appropriate social distancing, as recommended by the current CDC guidance, particularly in checkout, pick-up or take-out areas, and also in employee breakrooms and common use areas. Reasonable efforts may include, but are not limited to, marking floors at appropriate intervals or providing other visible systems to allow persons to maintain proper social distancing.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On March 24, 2020 Mayor Gimenez issued Emergency Order 10-20 which provides that essential commercial and retail establishments should continue to observe the Centers for Disease Control and Prevention’s social distancing guidelines of keeping six feet between persons and that failure to consistently observe same shall subject the establishment to closure. In addition, the Order urges individuals to remain home unless engaging in essential activities, including, travel to or from essential businesses and to attempt to observe social distancing guidelines.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

Carlos Gimenez, the County Mayor of Miami-Dade County instituted Emergency Order 7-20, effective as of 9:00 p.m. on March 19, 2020 until the expiration of the existing Miami-Dade County State Local Emergency, as potentially extended, closing all non-essential retail and commercial establishments. Considered essential are: i) contractors and other tradesmen… who provide service that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; ii) open construction sites, irrespective of the type of building; and iii) architectural, engineering, or land surveying services. While the order does not generally limit the number of persons who may be physically present while performing essential business, employers and employees are urged, but not required, to practice social distancing, including keeping six feet between persons and limiting groups to less than ten people.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

Monroe County Emergency Management issued the First Amended Emergency Directive 20-08, implementing Governor DeSantis’ Executive Order No. 20-112 and outlining strategies for use by all businesses not closed by the Governor’s Order. The Emergency Directive is effective as of May 4, 2020 until the expiration of the existing State of Local Emergency and applies countywide except in municipalities that have adopted stricter measurers (although Governor DeSantis’ Order superseded any conflicting official action or order issued by local officials in response to COVID-19).

On April 7, 2020, Monroe County issued additional emergency measures related to essential businesses.  Emergency Order 20-05 mandates that all essential businesses limit load capacity to 50 percent of maximum occupancy and provide alcohol-based hand sanitizer and disinfecting wipes for customers and employees.  Businesses must implement procedures to ensure that both employees and customers remain six feet apart at all times and implement other CDC recommendations.  All employees and customers of essential businesses shall wear face masks/face coverings.  Face masks/face coverings shall cover the nose and mouth, homemade, or other cloth covering such as scarf, bandana, handkerchief or other similar cloth covering.

Any person who has been diagnosed or is reasonably believed to have been infected with COVID-19 shall separate themselves from individuals who are infected and continue to isolate themselves until a health care professional, state, or local health department advises that the individual is no longer subject to isolation.  Violations of the Order may be prosecuted with up to 60 days in jail and a maximum fine of $500 per occurrence.

Monroe County has closed the Florida Keys to any and all visitors and non-residents of the Florida Keys.  In order to reinforce the closure of the Florida Keys, the Monroe County government has setup, and continue to operate, 24-hour southbound traffic checkpoints at mile marker 112.5 and Card Sound Road (205).  Only Florida Keys residents, property owners, and those actively involved in work in the Keys will be admitted, this includes construction workers, fuel tankers, delivery and grocery trucks.  For those falling within these exceptions the following documentation will need to be shown at the checkpoints:

– Proof of residency can be demonstrated with a resident re-entry sticker, local identification, a hard copy of the utility bill, deed, lease, or tax bill. Please make sure your ID matches your paperwork.

– Those actively engaged in work in the Florida Keys, such as construction workers, will need to show a hard copy of a letter from their employer, employee identification, a paystub, or current construction contract in the Keys.

– First responders, healthcare workers, and military actively engaged in work in the Keys will need proper IDs.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

As of September 24, 2020, each of the Northern California Counties we have been tracking fall within the following tiers under Governor Newsom’s Blueprint for a Safer Economy (See the California Matrix Entry for a description of this Blueprint):

Alameda – Red (Substantial)

Contra Costa – Purple (Widespread)

Marin – Red (Substantial)

Santa Clara – Red (Substantial)

San Francisco – Red (Substantial)

San Mateo – Red (Substantial)

On April 29, 2020, Public Health Officials for six counties in the Bay Area of Northern California (Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara), including the City of Berkeley, announced amendments to their respective Stay-at-Home Orders which will allow all construction activities, currently permitted under California’s State Stay-at Home Order, to resume so long as they are in compliance with safety protocols which will be detailed in appendices to the Amended Orders.  Santa Clara County was the first to update their Order, and the safety protocols for both small and large projects are attached as Appendix B1 and B2 respectively.  The key protocols detailed in the attachment for large projects* include the following:

1. Comply with all applicable laws including but not limited to OSHA and Cal-OSHA;

2. Prepare and post at the project site a Site-Specific Health and Safety Plan;

3. Provide non-medical-grade PPE;

4. Implement social distancing protocols including staggered shifts, trades and maintaining 6-foot distance unless strictly necessary to carry out a task;

5. Place handwashing stations or hand sanitizer throughout the project site;

6. Implement cleaning and sanitization practices in accordance to CDC guidelines;

7. Assign a COVID-19 Safety Compliance Officer to the project site whose duties include ensuring compliance with all safety and sanitization requirements, and establishing a daily screening process for arriving workers;

8. Assign a COVID-19 Third-Party Jobsite Safety Accountability Supervisor who holds at minimum an OSHA-30 certificate and first-aid training; and

9. In the event of a confirmed COVID-19 case at the project site follow the specific measures contained in the order including decontamination of relevant locations and notifying the County Public Health Department.

Each county may adopt their own specific language, so please check our county-by-county tracker to see any additional requirements or limitations.

*Large Construction Projects are defined as: (a) residential construction projects, any single-family, multi-family, senior, student, or other residential construction, renovation, or remodel project consisting of more than 10 units; (b) commercial construction projects, any construction, renovation, or tenant improvement project consisting of more than 20,000 square feet of floor area; (c) construction of Essential Infrastructure, as defined in section 16.c of the Order, any project that requires five or more workers at the jobsite at any one time.

On March 31, 2020, six Counties in Northern California (Alameda, Contra Costa, Marin, Santa Clara, San Francisco, and San Mateo) issued Orders further restricting construction activities to the following:

1. Projects immediately necessary to the maintenance, operation, or repair of Essential Infrastructure;

2. Projects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is directly related to the COVID-19 response;

3. Affordable housing that is or will be income-restricted, including multi-unit or mixed-use developments containing at least 10% income-restricted units;

4. Public works projects if specifically designated as an Essential Governmental Function by the lead governmental agency;

5. Shelters and temporary housing, but not including hotels or motels;

6. Projects immediately necessary to provide critical non-commercial services to individuals experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special needs;

7. Construction necessary to ensure that existing construction sites that must be shut down under this Order are left in a safe and secure manner, but only to the extent necessary to do so; and

8. Construction or repair necessary to ensure that residences and buildings containing Essential Businesses are safe, sanitary, or habitable to the extent such construction or repair cannot reasonably be delayed.

The term “Essential Infrastructure” as used in the Orders is defined as: “airports, utilities (including water, sewer, gas, and electrical), oil refining, roads and highways, public transportation, solid waste facilities (including collection, removal, disposal, and processing facilities), cemeteries, mortuaries, crematoriums, and telecommunications systems (including the provision of essential global, national, and local infrastructure for internet, computing services, business infrastructure, communications, and web-based services).”  Per the Orders, the restrictions will be in effect until May 3, 2020 subject to extension by local public health officials.

Previously, on March 16, 2020, the governments of San Francisco, six other Bay Area counties – Alameda, Contra Costa, Marin, Santa Clara, San Francisco, San Mateo and Santa Cruz – and the City of Berkeley were the first in the United States to order their citizens to shelter in place as the result of Coronavirus. The orders began at 12:01 a.m. on March 17, 2020 and are currently scheduled to expire on April 7, 2020. Within days, the neighboring Bay Area counties – Sonoma, Mendocino, Napa and Lake – issued their own shelter in place orders.

With respect to construction, those orders allow individuals to leave their homes to:

provide any services or perform any work necessary to the operations and maintenance of “Essential Infrastructure,” including, but 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), provided that they carry out those services or that work in compliance with Social Distancing Requirements as defined in this Section, to the extent possible.

(Note, there may be some minor changes as between the individual orders).

See above “Northern California Counties” review and most recent order 20-04.

See above “Northern California Counties” review.

See above “San Francisco and Area Counties” review.

See above “San Francisco and Area Counties” review.

See above “San Francisco and Area Counties” review.

DOB released updated COVID-19 safety guidance to which owners and contractors on all permitted construction sites (both those beginning reopening as well as those considered essential during the previous construction ban) must adhere. This guidance applies to all construction activity during the COVID-19 public health emergency.

Violations of this guidance during the first 30 days of construction resuming will carry no financial penalty as DOB is focusing on industry education and implementation of the new standards and procedures. After this period there will be financial penalties and further noncompliance may result in Stop Work Orders and summonses with penalties of up to $5,000 per offense.

As part of the reopening, Stop Work Orders issued by DOB for noncompliance during the nonessential construction ban period will be lifted, with the exception of sites that continued work even after receiving a Stop Work Order for violating the ban and that have outstanding civil penalties.

The New York City Department of Buildings has issued its own guidance on Governor Cuomo’s Executive Order 202.6, which contains somewhat different language than the Empire State Development Corporation’s guidelines. Specifically, it states “only the following construction projects permitted by the NYC Department of Buildings or otherwise regulated by the NYC Construction Codes and the NYC Electrical Code shall be permitted to continue until further notice” and defines emergency and essential construction is as follows:

1. Emergency construction (ESDC Item 9, bullet 1):

a. Project necessary to protect the health and safety of the occupants:

i. Emergency work ordered by the Department;

ii. Restoration of essential services – heat, hot water, cold water, gas, electricity, or other utility services; or

iii. Work necessary to address any condition requiring immediate corrective action that severely affects life, health, safety, property, or significant number of persons.

b. Project required to continue to the extent it would be unsafe to allow work to remain undone. Such project may continue only until it is safe to shut the site.

2. Essential construction (ESDC Item 9, bullet 2):

a. Utilities;

b. Hospitals or health care facilities;

c. Transitional and/ or Homeless shelters;

d. Affordable housing: Construction work on public housing, or a private or multiple dwelling or real property that is a new building (NB) or that is 100% vacant; or is work on unoccupied public housing units for the designation as housing for specific populations (i.e. shelter set aside, domestic violence referrals), or work on the exterior to address emergency conditions requiring immediate corrective action, set forth in Section 1(a)(iii) or within public housing, correction of critical systems for seasonal preparedness for the 2020-2021 heating season of an existing public housing building. Construction work on a private or multiple dwelling or real property that is a new building (NB) or that is 100% vacant that is now used or will be converted to such use: (i) For the provision of affordable inclusionary housing or mandatory inclusionary housing pursuant to the New York city zoning resolution; or (ii) Where no less than 30% of the residential units are subject to a regulatory agreement, restrictive declaration, or similar instrument with a local, state, or federal governmental entity or a local housing authority in a city with a population of one million or more.

e. Other essential construction as approved by the Department. 3. Work that is limited to a single worker, who is the sole employee/worker on a job site (ESDC Item 9, bullet 3)

However, the “guidance does not apply to construction on roads, bridges, and transit facilities that is allowable under the Governor’s Executive Orders and ESDC Guidance.”

On May 1, 2020 Orange County issued “Emergency Executive Order No. 2020-12 Regarding COVID-19, Reopening Orange County and Requiring Social Distancing and Face Coverings.” Pursuant to this Order, which is in effect from May 4, 2020 until the State of Local Emergency is rescinded, essential businesses/services under Governor DeSantis’ Executive Order No. 20-112 may remain open under conditions set forth in Executive Order No. 2020-12, unless precluded by any order issued by Governor DeSantis. However, the Order excepts employees and patrons of businesses in certain industries, including construction.

On March 26, 2020 Orange County issued EO 2020-05, urging residents of Orange County to stay at home and refrain from engaging in non-essential travel and requiring the closure of all non-essential businesses.   Similar to Miami-Dade, Broward, and Palm Beach Counties, the Orange County EO 2020-05 classifies the following construction related businesses as essential and permits them to remain open:

– Licensed contractors and other tradesmen…and other service providers who provide services that are necessary to maintain the safety, sanitation, and essential operation of residences and other services;

– Construction sites, irrespective of the type of building or development;

– Architectural, engineering, land surveying and appraisal services;

– Factories, manufacturing facilities, bottling plants, or other industrial uses;

– Landscape and pool care businesses, including residential landscape and pool care services, and maintenance of property, equipment and grounds of businesses, whether or not open to the public;

The order does not limit the number of people who may be physically present performing services at any location where an essential business is being conducted or operated, however employers and employees of such essential businesses are urged to practice social distancing (six (6) feet apart) and limiting of group size to less than ten (10) people as required by the CDC and Florida Department of Health.

This Emergency Executive Order shall expire on April 9, 2020 at 11:00 p.m.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On June 26, 2020, Palm Beach County issued a seven (7) day extension of their Declaration of State of Emergency, continuing through July 3, 2020.

Emergency Order Number 12, Additional Directive On Wearing of Facial Coverings

On June 24, 2020, Palm Beach County issued Emergency Order No. 12, whereby they made the wearing of face coverings (masks) required for the following:

– Businesses and Establishments:  facial covering must be worn by all persons while obtaining goods or services or while working or visiting in any business or establishment.  Facial covering must be worn while entering, exiting or moving around within the establishment.

– Public Places: facial coverings must be worn by all persons in public spaces where social distancing is not possible or not being practiced.

– Palm Tran:  facial coverings must be worn by all persons utilizing Palm Beach County’s transit service

– County and Municipal Government Facilities:  facial coverings must be worn by all persons accessing government buildings for purposes of conducting public business, visitation, contracting and maintenance, delivery, or any other activity requiring a presence in the government building.

Failure for a business and/or establishment to ensure compliance may result in fines, penalties, and/or any other enforcement measures.

Florida Executive Order No. 20-139 Exceptions, June 3, 2020 (Miami-Dade, Broward and Palm Beach counties)

On June 3, 2020 Governor DeSantis issued Executive Order No. 20-139, moving all of Florida, with the exception of Miami-Dade, Broward and Palm Beach counties, into Phase 2 of reopening, as of June 5, 2020. The excepted counties must seek permission to move into Phase 2. Governor DeSantis stated that the major difference between phases 1 and 2 is the expansion of people’s ability to dine out and seek entertainment.

On May 15, 2020, Palm Beach County extended their local State of Emergency by an additional 7 days, commencing on May 15, 2020 through May 22, 2020.

On May 9, 2020, Governor DeSantis issued Executive Order No. 20-120, which is effective as of 12:01 A.M. on May 11, 2020. Pursuant thereto, Executive Order No. 20-112, the Re-Open Plan for the State of Florida, is extended but its prohibition on reopening no longer applies to Palm Beach County. Accordingly, Palm Beach County may begin reopening businesses in accordance with Executive Order 20-112. (See the Florida entry in this matrix for a description of the businesses which may reopen).

On May 1, 2020, Palm Beach County extended their Declaration of Continuing State of Emergency for an additional period of seven (7) days commencing on May 1, 2020, and continuing through May 8, 2020 unless further extended.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 27, 2020 Palm Beach County issued Emergency Order No. 5, which allows for the re-opening of boat ramps, marinas, golf courses, parks, natural areas, tennis courts, and community pools. Social distancing and CDC guidelines will be enforced. The Order is effective at 12:01 a.m. on April 29, 2020.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 24, 2020, Palm Beach County extended their Declaration of Continuing State of Emergency for an additional period of seven (7) days commencing on April 24, 2020, and continuing through May 1, 2020 unless further extended.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On April 11, 2020, Palm Beach County, issued Emergency Order No. 4, requiring that all persons working in, patronizing, or otherwise physically present in/on construction sites, grocery stores, restaurants, pharmacies, public transit vehicles, vehicles for hire, public spaces, and locations where social distancing measures are not possible, should wear facial coverings as defined by the CDC.  A facial covering  includes: Any covering which snugly covers the nose and mouth, whether store bought or homemade masks or cloth covering, including but not limited to, a scarf, bandana, handkerchief or other similar cloth covering and which is secured in place.

EO No. 4 became effective on April 13, 2020 at 12:01 a.m.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On March 29, 2020, Palm Beach County issued their stay safer at home policy, thereby urging all residents of Palm Beach County to stay home or at their residence, other than to engage in critical activities related to (1) health and safety, or the health and safety of family or household members (including, but not limited to, pets); (2) obtaining necessary services and supplies such as groceries, money from banks and/or other financial institutions, supplies needed to work from home and products necessary to maintaining safety, sanitation, and critical operation of homes and residences; (3) care of family members, friends, or pets, including the transport of family members, friends, or pets for critical activities; (4) engaging in outdoor exercise; (5) engage in and/or patronize critical businesses as defined by Palm Beach EO #2.

This order shall remain in effect until the expiration of Palm Beach County’s Declaration of Emergency and any extension thereof, or until terminated or amended by further order.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

In addition to our guidance on Florida State Executive Order 20-83, we note that, effective as of 5:00 p.m. on March 26, 2020, until the expiration of the existing State of Local Emergency, Palm Beach County also issued an order closing all noncritical retail and commercial business locations except to the extent necessary to perform minimum basic operations. Critical operations, which are permitted to remain open, are defined to include, in pertinent part:

Open construction sites, irrespective of the type of building;

Businesses providing architectural, engineering or land surveying services, but only with regard to ongoing construction projects in which construction has already commenced and provided that such businesses operate in full compliance with all measures advised by the CDC and Florida Department of Health regarding social distancing;

Contractors and other tradesmen, building management and maintenance (including janitorial companies servicing commercial businesses), home security firms, fire and water damage restoration, public adjusters, appliance repair personnel, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; and

Businesses providing services to any local, state, or federal government, pursuant to a contract or order with such government and provided such services relate directly to a governmental response to the COVID-19 crisis.

To the extent these existing businesses are permitted to remain open, they must ensure employees and all persons interacting with and within such businesses practice social distancing, and all other measures as advised by the CDC and the Florida Department of Health, with special care and attention being given to safeguarding persons aged 60 and over.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

On May 9, 2020, Governor DeSantis issued Executive Order No. 20-120, which is effective as of 12:01 A.M. on May 11, 2020. Pursuant thereto, Executive Order No. 20-112 is extended. Hillsborough County has aligned its COVID-19 response to Governor DeSantis’ plan. (See the Florida entry in this matrix for a description of same).

On March 26, 2020, the City of Tampa and Hillsborough County issued a Safer at Home Order, directing residents of City of Tampa and Hillsborough County to stay at home as much as possible 24 hours/7 days a week, except for those identified as essential individuals, businesses and services.  All non-essential retail and commercial businesses must close, only essential retail and commercial businesses may remain open.  Similar to Miami-Dade, Broward, Palm Beach, Orange County, and the City of Jacksonville, essential businesses include, but are not limited to:

– Contractors, utility workers and other tradesmen, building management and maintenance (including janitorial companies serving commercial business)…and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures ;

– Persons commuting directly to or from an essential activity;

– Essential infrastructure: individuals may leave their residence to provide any services or perform any work necessary to offer, provision, operate, maintain and repair Essential Infrastructure. Essential Infrastructure includes, but is not limited to: food production, distribution, and sale; construction; building management and maintenance; airport operations; operation and maintenance of utilities, including water, sewer, and gas; electrical (including power generation, distribution, and production of raw materials); distribution centers; roads, highways, railroads, and public transportation; cybersecurity operations; flood control; solid waste and recycling collection and removal; and internet, video, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services). Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.

Business providing essential services must adhere to the social distancing requirement and insure that their employees are also adhering to the social distancing requirements and CDC, Florida Department of Health, and OSHA.

This order takes effect as of 10:00 p.m. on March 27, 2020, as it may be amended.

Governor DeSantis’ April 1, 2020 “Essential Services and Activities During COVID-19 Emergency” Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

Tarrant County’s “Stay at Home” order has expired. Some businesses are beginning to open while those with a potential for large gatherings in close proximity will not open until Phase Two, which is expected to be May 18.

See our section on Dallas County March 24, 2020 Order, above, except that the Tarrant County Order expires on April 7, 2020, unless terminated or modified by a subsequent Order.

Phase Two of Washington D.C.’s reopening began on June 22, 2020, allowing the following businesses to reopen and activities to resume under specified conditions:

– Restaurants, non-essential retail and beverage establishments.

– Gyms, yoga studios and dance classes

– Houses of worship, churches

– Libraries

– Pools

– Parks and fields, including playgrounds.

– Nail salons, tanning and waxing

– Colleges and universities

– Camps 

On July 22, 2020, Mayor Bowser issued an order requiring the wearing of masks in the common areas of apartments, condominiums and cooperatives; in businesses, office buildings and other establishments open the public; outdoors when likely to come into contact with another person; and when operating or traveling in a taxi or public transit

In addition, beginning July 27, 2020, anyone coming into DC from a high-risk state who was traveling for non-essential activities must quarantine for 14 days. Those traveling from high-risk states for essential travel must self-monitor for symptoms for 14 days and quarantine if they experience symptoms. The states included on this list as of September 21, 2020 are:

– Alaska

– Arizona

– Arkansas

– Alabama

– Delaware

– Florida

– Georgia

– Idaho

– Illinois

– Indiana

– Iowa

– Kansas

– Kentucky

– Louisiana

– Minnesota

– Mississippi

– Missouri

– Montana

– Nebraska

– Nevada

– North Carolina

– North Dakota

– Oklahoma

– South Carolina

– South Dakota

– Tennessee

– Texas

– Utah

– West Virginia

– Wisconsin

– Wyoming

On May 27, 2020, Mayor Bowser issued Mayor’s Order 2020-067 lifting Washington D.C.’s stay at home order and allowing certain businesses to reopen as of May 29, 2020 (Phase I). However, the public health emergency remained in effect and gatherings of more than 10 people were still prohibited. Businesses that operated pursuant to the Order were required to follow protocols under prior Mayor’s Orders and guidance provided by the Department of Health, and create a COVID-19 plan.

On June 19, 2020, Mayor Bowser issued Mayor’s Order 2020-075, establishing the requirements for Phase Two of the District’s reopening and setting forth the restrictions that will be lifted during Phase Two, and under what terms new openings and activities may occur. Such reopening began on June 22, 2020.

With respect to construction, Mayor Bower’s Phase II order allows developers to resume ground-breakings, grand openings and other events provided: there is no crowding, such that social distancing can be maintained; no more than 50 people are indoors at a time; and best efforts are used to capture identifying information to assist in possible contract tracing. In addition, construction supervisors are required to continue implementing site-specific plans to prevent and address COVID-19, including through the provision and mandated use of personal protective equipment, frequent hand washing, and to the extent practicable, conducting of work with at least 6 feet between employees.

In addition, Phase II guidance for construction sites has been issued, requiring the public and businesses to adopt behaviors and rigorous safeguards to reduce risk. Pursuant to the guidance, construction sites can continue to operate in Phase II with physical distancing and other measures to help reduce the risk of COVID-19 transmission amongst construction site workers, clients, visitors and the community.

On March 24, 2020, Mayor Muriel Bowser issued Mayor’s Order 2020-053, effective immediately and continuing until April 24, 2020, or until it is extended, rescinded, superseded or amended in writing by a subsequent Order, prohibiting large gatherings and requiring the temporary closure of the on-site operation of non-essential businesses. Subsequently, on April 15, 2020, Mayor Bowser issued Mayor’s Order 2020-063, extending the closure of on-site operation of non-essential businesses and the stay-at-home order, discussed below, through May 15, 2020.

Included in the list of Essential Businesses are Construction and Building Trades including:

Plumbers; pipefitters; steamfitters; electricians; boilermakers; exterminators; roofers; carpenters; bricklayers; welders; elevator mechanics; businesses that sell supplies and materials for maintenance of commercial and residential buildings and homes, including ‘big box’ supply stores, plumbing distributors, electrical distributors, and HVAC distributors; and other businesses that provide services that are necessary to maintaining the safety, sanitation, and operation of residences and Essential Businesses.

To the greatest extent feasible, Essential Businesses shall comply with Social Distancing Requirements, including by separating staff by off-setting shift hours or days and maintaining at least 6 feet of separation among and between employees and members of the public. In addition, Essential Businesses are to take all reasonable steps necessary for employees to work from home and to deliver services remotely.

On March 30, 2020, Mayor Bowser issued Mayor’s Order 2020-54 requiring all individuals in Washington DC to say in their homes except to engage in Essential Activities or Businesses or other permitted activity. This Order specifically states the following with respect to construction

[Essential Activities include] Providing any services or performing any work necessary to the operations and maintenance of Essential Infrastructure.

For purposes of this Order, the term “Essential Infrastructure” includes critical or emergency public works or utilities construction, construction, solid waste collection and removal by private and public entities, telecommunications services; provides, that an individual shall provide these services and perform this work in compliance with the Social Distancing Requirements as defined in Section IV.8 of this Order, to the extent possible.

Other infrastructure and construction activity may be allowable as an Essential Business [as defined below].

“Essential Businesses” are those defined in Mayor’s Order 2020-053 and subsequent interpretive guidance.

At any time, Essential Businesses must provide, if requested by the Department of Consumer and Regulatory Affairs, its plans for complying with Social Distancing requirements.

On March 24, 2020, Mayor Muriel Bowser issued Mayor’s Order 2020-053, effective immediately and continuing until April 24, 2020, or until it is extended, rescinded, superseded or amended in writing by a subsequent Order, prohibiting large gatherings and requiring the temporary closure of the on-site operation of non-essential businesses.

Included in the list of Essential Businesses are Construction and Building Trades including:

Plumbers; pipefitters; steamfitters; electricians; boilermakers; exterminators; roofers; carpenters; bricklayers; welders; elevator mechanics; businesses that sell supplies and materials for maintenance of commercial and residential buildings and homes, including ‘big box’ supply stores, plumbing distributors, electrical distributors, and HVAC distributors; and other businesses that provide services that are necessary to maintaining the safety, sanitation, and operation of residences and Essential Businesses.

To the greatest extent feasible, Essential Businesses shall comply with Social Distancing Requirements, including by separating staff by off-setting shift hours or days and maintaining at least 6 feet of separation among and between employees and members of the public. In addition, Essential Businesses are to take all reasonable steps necessary for employees to work from home and to deliver services remotely.

On March 30, 2020, Mayor Bowser issued Mayor’s Order 2020-54 requiring all individuals in Washington DC to say in their homes except to engage in Essential Activities or Businesses or other permitted activity. The new Order specifically states the following with respect to construction

[Essential Activities include] Providing any services or performing any work necessary to the operations and maintenance of Essential Infrastructure.

For purposes of this Order, the term “Essential Infrastructure” includes critical or emergency public works or utilities construction, construction, solid waste collection and removal by private and public entities, telecommunications services; provides, that an individual shall provide these services and perform this work in compliance with the Social Distancing Requirements as defined in Section IV.8 of this Order, to the extent possible.

Other infrastructure and construction activity may be allowable as an Essential Business [as defined below].

“Essential Businesses” are those defined in Mayor’s Order 2020-053 and subsequent interpretive guidance.

At any time, Essential Businesses must provide, if requested by the Department of Consumer and Regulatory Affairs, its plans for complying with Social Distancing requirements.

The Office of the Mayor issued the Prohibition on Mass Gatherings During Public Health Emergency – Coronavirus (COVID-19) on March 16, 2020. D.C. Mayor’s Order 2020-048 (March 16, 2020). This order prohibits mass gatherings of more than 50 persons anywhere in the District of Columbia. A mass gathering is defined as:

any event or convening, subject to [certain] exceptions and clarifications… that brings together or is likely to bring together fifty (50) or more persons at the same time in a single room or other single confined or enclosed space, such as, by way of example and without limitation, an auditorium, theater, stadium (indoor or outdoor), area, or event center, meeting gall, conference center, large cafeteria, or any other confined indoor or confined outdoor space.

Id. However the following are excluded from the definition of mass gatherings: (1) people in multiple, separate enclosed spaces in a single building so long as 50 people are in not in a single room together; (2) enclosed spaces where 50 or more people may be present at different times of the day so long as 50 or more people are not in single room; and (3) gatherings on property owned by the federal government. Id. Knowing violation of this order may subject the business to civil, criminal and administrative penalties, and suspension of its business license, including a fine of not more than $1,000 for each violation. D.C. Code 7-2307; Id. On March 20, 2020, the Mayor extended this order regarding mass gatherings until April 25, 2020. While the order does not directly pertain to construction, as discussed herein, clients should ensure employees are maintaining social distancing.

On March 24, 2020, the Office of the Mayor issued a second major Order closing non-essential businesses and prohibiting large gatherings based on Guidance on the Essential Critical Infrastructure Workforce, dated March 19, 2020 (“CISA Guidance”). D.C. Mayor’s Order 2020-053 (March 24, 2020). The intent of DC Order 2020-053 is to, “[t]emporarily cease all non-essential business activities in the District of Columbia other than those conducted safely from home. Id. DC Order 2020-053 will be effective from March 25, 2020 at 10:00 pm through April 24, 2020.

The issue is whether construction is considered essential under DC Order 2020-053. Under Section IV.1.b. and Section IV.1.j., essential infrastructure work and construction and building trades are essential and may continue to operate in the District of Columbia.  However, even businesses deemed essential must take all reasonable steps necessary for employees to work remotely. Essential Infrastructure work, which is considered essential is defined as those:

including public works, such as roads, sidewalks, street lighting, traffic control devices, railways, government facilities; utilities, such as electricity, gas, telecommunications, water and wastewater, and drainage infrastructure, and solid waste collection and removal by private and public entities.

Id. Additionally, Construction and Building Trades are considered essential and is defined as:

including plumbers; pipefitters; steamfitters; electricians; boilermakers; exterminators; roofers; carpenters; bricklayers; wielders; elevator mechanics; businesses that sell supplies and materials for maintenance of commercial and residential buildings and homes, including big box supply stores, plumbing distributors, electrical distributors, and HVAC distributors, and other businesses that provide services that are necessary to maintaining the safety, sanitation, and operation of residences and Essential Businesses.

Id. Finally professional services are deemed essential, “but only when necessary to assist in compliance with legally mandated activities, Essential Businesses or Essential Governmental Functions.” Id.

Events that are likely to bring together a large gathering, defined as ten or more people” are prohibited. Id. However, this limitation on groups of people does not apply to essential businesses, gatherings of more than ten people in a building so long as those ten people are not in a single room or space at the same time, gatherings in federal buildings, and office space, hotels or residential buildings. Id.

Accordingly, general contractors provide a professional service that assists with construction, which is an essential business and therefore general contractors may continue to work. Subcontractors may continue to perform work in the District of Columbia – especially those performing a trade expressly listed in DC Order 2020-053. However, clients must be aware that unlike Maryland and Virginia, they are additional restrictions placed on essential businesses remaining open. While essential businesses are strongly encouraged to remain open, clients must comply with social distancing requirements to the extent feasible, as specifically provided in DC Order 2020-053, including off-setting shift hours and keeping six feet between employees. See Id. (emphasis added). Certainly, some physical work on the construction site, will require contractors and subcontractors to be closer than six feet apart. Clients should remind employees on the project to maintain social distancing when feasible and safe to do so. Clients should make sure those on the site are aware of the social distancing requirements provided in DC Order 2020-053. While this Order provides guidance consistent with CDC, clients should be reminded not to shake the hands of anyone and remind those working on the site not to shake hands. Id. Out of abundance of caution, clients should post the social distancing requirements in a conspicuous place where employees will see it on a project site.

[1] Given the fluid nature of the COVID-19 pandemic, this Memorandum will be consistently updated.