The temporary, Covid-19 related shutdown of the construction industry in Pennsylvania is finally coming to an end.
Beginning Friday, May 1, all construction industry businesses will be permitted to maintain in-person operations statewide in Pennsylvania, so long as their activities strictly adhere to the official guidance issued by Governor Tom Wolf, applicable public health safety measures, and applicable OSHA requirements. The official PA guidance covers residential, commercial, and public works construction activities. Local governments, like the City of Philadelphia, may, however, elect to impose more stringent requirements than those contained in the official guidance, in which case businesses will need to adhere to the more stringent requirements.
In resuming their construction activities and operations, all construction industry businesses must follow the official PA guidance for the construction industry, the applicable PA public health safety measures, and OSHA guidance for the construction workforce.
For public works projects in general, the official PA guidance mandates that governmental entities should use their best judgment in deciding whether to conduct critical public construction projects and should only proceed with these projects when they can implement appropriate safety protocols. When possible, they should postpone non-essential projects. Public contractors are instructed not to resume work on public projects until directed to do so by the applicable governmental entity.
For critical or essential public works projects that have been permitted to continue in the face of the general shutdown of businesses, contractors are instructed to follow the guidance issued for those specific projects unless there is a direct conflict with the official PA guidance, in which case the official PA guidance will control.
The takeaway from all of this? Worker safety in the age of Covid-19 and beyond will be of the utmost priority for all construction contractors and businesses resuming operations on May 1. For example, the official PA guidance mandates a “Pandemic Safety Officer” for each job site to convey, implement, and enforce the social distancing and other requirements for the protection of employees, suppliers, and other personnel. Among other safety requirements, hand wash stations are required at appropriate locations such as building entrances, break areas, food truck areas, offices, trailers, and job site egress areas.
If you need assistance on how the re-opening guidelines may affect your business, call or email me. I’ll be happy to assist in anyway possible.
Thank you, and please stay safe in this difficult and stressful time.
Christopher I. McCabe, Esq.
