{ Banner Image }

Resuming Construction Under Executive Order 2020-70

Click to Share Share  |  Twitter Facebook
David M. Lick and Alaina M. Nelson
Foster Swift Legal Update E-blast
May 6, 2020

Construction WorkersOn May 1, 2020, Governor Whitmer signed Executive Order 2020-70, which allows the construction industry to return to work beginning on May 7th, subject to certain restrictions and requirements. Below is a summary of actions that must be taken by those in the construction industry in order to resume operations:

1. General

  • Develop a COVID-19 Preparedness and Response Plan
  • Maintain records verifying daily screening of workers and procedures implemented at the worksite to comply with the Executive Order
  • Create and post signage notifying workers and visitors of safety precautions
  • Print and distribute to all workers and visitors safety protocols and procedures

2. Maintain Social Distancing

  • Determine the number of workers strictly necessary to be on the worksite and only allow these individuals on the worksite
  • Determine which workers can perform work remotely and encourage remote work to the extent possible
  • Ensure workers and other individuals at the worksite maintain a distance of at least six feet from each other to the extent possible
  • Identify any choke points or congested parts of the worksite (i.e., hoists, elevators, hallways, break rooms, and water stations) and control access to these areas to maintain social distancing.
  • Review CDC social distancing guidelines and implement to the extent possible
  • Restrict unnecessary movement between project sites
  • Limit in-person contact with customers and clients at the worksite
  • Develop a protocol minimizing and limiting contact with delivery persons at the worksite
  • Prohibit any gatherings at the worksite that are too large to maintain the social distancing requirement of six feet

3. Cleaning Policies and Protocols​​​​​​

  • Develop a procedure for increased daily cleaning of the worksite
  • Ensure there are sufficient hand washing and/or sanitizing stations at the worksite
  • Develop a COVID-19 cleaning plan to be implemented in the event a worker tests positive for COVID-19
  • Develop a policy for the regular sanitization of tools and equipment

4. Monitoring Health Conditions of Workers

  • Create a system that allows workers to self-report health conditions. A sample from the Ingham County Health Department can be found here.
  • Implement a daily screening protocol of workers for reporting of: (i) health conditions; (ii) temperature; and (iii) potential contact with an individual who was diagnosed with COVID-19
  • Limit entry points to the worksite to ensure each worker on-site has been screened and, as necessary, implement an alternative issue sticker system to show that a worker has received a daily screening
  • Implement a policy that prohibits workers from entering the worksite if they have exhibited symptoms of COVID-19 or if they have come into contact with an individual who has tested positive for COVID-19
  • Implement a communication system between owners, contractors, and sub-contractors to notify of any confirmed cases of COVID-19 at the worksite

5. Personal Protective Equipment

  • Require workers to wear face masks when the social distancing requirement of six feet cannot be observed
  • Provide instructions to workers regarding the distribution of Personal Protective Equipment
  • Designate a location for the disposal of soiled masks
  • Encourage the use of work gloves

6. Site-Specific Supervisor

  • Designate a site-specific supervisor (this supervisor may be an on-site worker)
  • The site-specific supervisor must be present for all activities at the worksite and is responsible for overseeing the implementation of COVID-19 protocols and policies

If you have questions regarding this communication, please contact one of the authors:

Or a member of the Construction Law practice group:

This article is meant for general information purposes only and is NOT LEGAL ADVICE. If you have questions about how this article may apply to you or your business, please contact a Foster Swift attorney.