COVID-19 and the Construction Industry

What's the latest national and local information?

DATE	EVENTS
Monday, March 23	AGC of Minnesota held a webinar for members on "COVID-19 Industry Developments." View/Hear the webinar View the slides Handout from AGC of Houston referenced in Doug Swenson's presentation To stay up to date on all AGC related information, please download the AGC Connection app from the App Store or Google Play. Restricted to AGC members only, and users will need login credentials from www.agc.org (click "Register" at the top left if you do not already have login credentials with AGC of America) AGC of America begins "Navigating the Outbreak: An Eight Part Webinar Series on the Factors that Construction Companies Need to Consider, as They Strive for Business Continuity" The MN Department of Admin responded to AGC's March 13 letter.
Friday, March 20	The Metropolitan Airport Commission (MAC) responded to AGC of Minnesota's March 16 letter. Included are the referenced Overview and Jobsite Protocol safety bulletins from Kraus-Anderson. The Building Jobs Coalition sent a letter to state leadership advocating for continued movement on public and private projects. AGC of America hosted a webinar for members with an update on how the construction industry is being impacted by COVID-19. View slides AGC of America published a news release indicating that COVID-19 has halted or delayed projects for 28% of contractors nationwide. Paid Leave is now Law. MPR: Coronavirus Shouldn't Upend Minnesota Road Construction
Thursday, March 19	AGC of Minnesota was listed among businesses in support of a letter to Governor Walz from the Minnesota Chamber of Commerce. Finance & Commerce: Government Office Closings Present Risks to Contractors
Wednesday, March 18	President Trump signed new paid leave mandates into law. See AGC of America's summary on this issue. AGC of Minnesota held an informational conference call for all members with presentations by Jay Bowman, Kurt Erickson, Mark Becker, and Tim Worke. (click names for 2 presentations) If you have further questions for presenters, please feel free to contact them directly: - Kurt Erickson (Littler Mendelson) - Mark Becker (Fabyanske Westra Hart & Thomson) - Jay Bowman (FMI) Members were able to ask questions of the presenters. We will work to compile a list of questions asked and responses. Check back here for more details. A link from Kurt Erickson: Senate Approves Paid Sick Leave, Family Medical Leave Expansion; Bill Expected to Become Law
Tuesday, March 17	AGC of Minnesota issued a joint Statement of Support for Continued Construction Operations with industry partners. AGC of America released released a nationwide statement of similar significance and message. Vice President Pence publicly suggested that construction companies donate their N-95 masks to local hospitals and refrain from ordering additional masks. It is the position of AGC that this should be considered as a voluntary gesture and not a mandate. Of course, any firm with a surplus of masks should consider donating them to heath care providers The US Treasury announced a 90-day tax payment extension.
Monday, March 16	AGC of Minnesota sent letters to public-funded contracting authorities regarding responses to COVID-19. AGC of America sent a letter to all members of the US Senate, opposing the House-passed Paid Leave Proposal (HR 6201) on the grounds that it would impose intense strain on construction companies, most of which have fewer than 20 employees. AGC of America noted that contractors are beginning to report delays and other impacts on projects due to COVID-19.
Sunday, March 15	Governor Walz declared the temporary closure of Minnesota K-12 public schools, effective through March 27, 2020.
Friday, March 13	AGC of Minnesota sent letters to state agencies with construction contracts regarding responses to COVID-19. AGC of America CEO Steve Sandherr spoke with U.S. Secretary of Labor Eugene Scalia, resulting in the revision of OSHA guidance, limiting the parameters within which COVID-19 is a recordable illness. President Trump declared a national state of emergency in response to the COVID-19 outbreak. Governor Walz declared a state of peacetime emergency in Minnesota due to the presence of (to date) 14 documented cases of COVID-19 in the state and the projections for more cases to be discovered. MnDOT announced that all public meetings and project open houses statewide would be postponed for at least 30 days.

From AGC of America:

Information from public health experts on COVID-19 as a resource for members.
Status of State DOT Responses, as reported by AGC chapters across the nation.

From the Minnesota Department of Labor and Industry:

MnDOLI is enforcing that local units maintain their inspection services: Construction Inspection Support Services Related to COVID-19
Donations of Masks (and any other products) are being funneled through DLI. Please hsem.ppp@state.mn.us if you have any masks your firm would like to contribute to health care facilities.
More from MnDOLI on Help with Obtaining Inspections
- Related: Guidelines from the League of Minnesota Cities re: Closing City Facilities

From the Minnesota Department of Health: Strategies to Slow the Spread of COVID-19 in Minnesota

From the Minnesota Department of Employment & Economic Development:

From OSHA:

how is AGC of Minnesota responding?

AGC of Minnesota is coordinating with AGC of America about needs and measures to address potential economic and job safety concerns, and has contacted state agencies with construction contracts, as well as public-funded contracting authorities, to begin conversations about how COVID-19 may affect projects, from potential delays to potential safety precautions.

In order to protect our members, staff, and the public, we are moving to remote participation for most meetings and educational offerings. Many AGC staff are working from home in an effort to practice the recommended social distancing. We are committed to serving our members as Your Trusted Resource throughout this crisis, and will do our best to respond to any requests in a timely manner.

Are there tools for communicating with employees?

AGC of Houston has compiled this good list of COVID-19 Recommended Practices for Construction Jobsites. Also available in Spanish.

The AGC chapter in Philadelphia (General Building Contractors Association, Inc.) has put together these useful safety tools to use in employee communication.

best practices for construction Sites

DOL: Guidance for Preparing Workplaces for Coronavirus (pages 8 & 9)
EPA: Disinfectants for Use Against COVID-1
EPA Press Release: https://www.epa.gov/newsreleases/epa-expands-covid-19-disinfectant-list
Milwaukee: Cleaning of Tools to Help Prevent Spread of COVID-19
CDC: Environmental Cleaning and Disinfection Recommendations – Community Facilities

Business Related Developments & Information

If your construction project will be delayed and you will be availing yourself of a Force Majeure or Delay clause, you will need to give appropriate notice. Click here for a good sample notice letter prepared by AGC of America.
Paid Leave is now Law
Details on the Refundable Employment Tax Credits
90 Day Extension on Tax Filing and Payment
Critical Infrastructure information from Homeland Security
EEO Guidance on workplaces
Legal resource on the new Federal Act
Is my business insured against COVID-19?
CDC: Interim Guidelines for Businesses and Employers
Briefing Paper on steps contractors, subcontractors, designers, and owners can take to best manage and respond to the industry disruption
Recorded Webinar from the Minnesota Chamber of Commerce on business considerations related to COVID-19

Is COVID-19 a Recordable Incident?

For details on AGC's role in the revision of OSHA guidelines on limiting the parameters under which COVID-19 is a recordable illness, click here.

OSHA recordkeeping requirements at 29 CFR Part 1904 mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log.

While 29 CFR 1904.5(b)(2)(viii) exempts recording of the common cold and flu, COVID-19 is a recordable illness when a worker is infected on the job.

COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are met:

The case is a confirmed case of COVID-19 (see CDC information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
The case is work-related, as defined by 29 CFR 1904.5; and
The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g. medical treatment beyond first-aid, days away from work).