Construction Shutdown is Lifted in Massachusetts

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Non-essential private construction projects were suspended on March 31, 2020 in Massachusetts. That suspension had been in place for the construction industry until yesterday— May 18, 2020.

As part of the first phase of the Four-Phase Approach to Reopening Massachusetts, Governor Baker announced that the construction industry may commence work provided the mandatory safety standards and protocols can be followed. See Report from the Reopening Committee. Before a project may reopen, each business must have a COVID-19 Control Plan in place and posting of posters.

Three resource documents were distributed

The safety standards include social distancing (crews 6 feet apart at all times) and no meetings of more than 10 people. Where social distancing is not possible, PPE (face covering, gloves, and eye protection) must be used.

Each project shall have a site-specific COVID-19 Officer (who may also be the Health and Safety Officer). A written report from the COVID-19 Officer must be provided to the Owner each day.

The safety standards have a requirement for COVID self-certification prior to starting a shift. The certification requires a statement that the employee has not had signs of a fever, cough, or trouble breathing within the past 24 hours, have not had close contact with a person who has tested positive for COVID-19, and have not been asked to self-isolate or quarantine by a doctor or local public health official.

The safety standards are also restated in a checklist format.

Visit https://www.mass.gov/covid19 and https://www.mass.gov/info-details/reopening-massachusetts for updates and copies of the applicable orders.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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