COVID-19

AGC of Minnesota is committed to serving our members as Your Trusted Resource throughout this public health crisis.

We are coordinating with AGC of America regarding needs and measures to address economic and job safety concerns, and continue to be in regular communication with state agencies with construction contracts, as well as public-funded contracting authorities, regarding how COVID-19 is impacting projects, from delays to potential safety precautions. 

To maintain best safety practices, we are working and holding all meetings and educational sessions remotely.  Our phone lines and email addresses are open, and we will do our best to respond to any requests in a timely manner.

Click the links below for topical resources.

 

  • January 13 - The Supreme Court ruled that the federal OSHA ETS exceeds OSHA's powers and is therefore unenforceable. Minnesota DLI clarified that it will suspend enforcement of the MNOSHA ETS pending future developments. 

  • December 10 - AGC in conjunction with our sister association MCMCA have reached an agreement with the Operating Engineers Local 49 permitting contractors to enforce a vaccine mandate. The agreement recognizes the complexity and controversies a mandate creates for employees and contractors, and does its best to navigate the problems.  

  • December 3 - AGC has created guidance on confidentiality concerns and accommodation requests regarding COVID-19 mandate requirements.


CLICK HERE for COVID-19 content reserved only for AGC members.  Login credentials required.  If you are a member and do not have credentials, Renee would love to assist you.

Timeline

 
DATE EVENTS
January 13, 2022
December 10, 2021
December 3, 2021
  • AGC has created guidance on confidentiality concerns and accommodation requests regarding COVID-19 mandate requirements.
November 17, 2021
November 9, 2021
November 5, 2021
September 16-18, 2021

  • AGC of America warned the federal government of the potential devastating impact of overly broad vaccine mandate including cost, delay, and loss of workforce, urged any mandate be tailored to the unique factors that make construction safer from outbreaks and essential to our infrastructure.  Their letters are posted here and here.
September, 2021
Friday
August 20, 2021
Thursday
August 19, 2021
Friday
May 14, 2021
  • Governor Walz signed an executive order rescinding the statewide mask mandate, following revised guidance from the CDC.
Friday
January 29, 2021

  • New OSHA COVID-19 Guidance
    The U.S. Occupational Safety and Health Administration (OSHA) issued new guidance on protecting workers and preventing the spread of COVID-19 in the workplace. Per OSHA, the guidance is not a standard or regulation, creates no new legal obligations and the recommendations are advisory in nature, informational in content, and are intended to assist employers in recognizing and abating hazards in the workplace.

    Here you will find an analysis from AGC of America highlighting the key differences in the recent guidance in comparison to previous guidance issued.  
Wednesday
November 18, 2020
Thursday
September 3, 2020
  • AGC of America released the full results of their 2020 Workforce survey, which can be  viewed here.  Minnesota-specific results are also available.
Saturday
August 22, 2020
Monday
August 3, 2020
  • AGC of America began surveying member firms on how the pandemic has affected their workforce availability and needs. The survey will close August 24th.
Thursday
July 23, 2020
Wednesday
July 22, 2020
Monday
July 20, 2020
Sunday
July 13, 2020
  • DLI sent an email with slides to the construction industry webinars (available here), and stated that a recording of the webinars will be available soon, and that they are working to follow up with everyone who sent in questions.
Wednesday
July 8, 2020
  • DLI held a webinar on the new guidance/requirements for construction.  
Tuesday
July 7, 2020
  • DLI held a webinar on the new guidance/requirements for construction.  
Monday
June 29, 2020
  • The Department of Labor and Industry responded to the the construction industry's June 26 letter.
Friday
June 26, 2020

  • AGC and several other construction industry organizations sent a letter to Governor Walz and the Commissioner of Labor and Industry asking them to:

    • grant a construction industry extension of the enforcement requirements beyond the June 29th deadline;
    • further clarify the guidance to address the construction industry's questions or concerns, and;
    • work with industry to identify ways to improve the Guidance Requirements that better achieves the shared goal of having preparedness plans that are workable, understandable, and meaningful to all affected parties involved on construction projects.
Thursday
June 25, 2020

  • The Minnesota Department of Labor and Industry issued additional amended requirements-guidance yesterday (June 25) for Construction COVID-19 Preparedness Plans. A link to the updated Guidance Requirements can be found here.
Monday
June 15, 2020
  • Governor Walz and the Department of Labor and Industry (DLI) issued new COVID-19 Guidance/Requirements for all industries, including those designated as essential/critical, as the state moves into gradual phased reopening of the economy. Later in the day, specific and prescriptive guidance was posted to the MN DLI website addressing the construction industry. 

     

    Preparedness Plan Requirements Guidance - Construction

    AGC has been actively engaged throughout the week with DLI leadership trying to bring focus and attention to the myriad challenges and impracticalities this approach will most certainly yield. We are actively working to define, communicate, and provide voice for the concerns of the construction industry. We provided detailed feedback to DLI, with the overarching message that the requirements are overly prescriptive and impractical.
Thursday
May 28, 2020
Tuesday
May 26, 2020
Wednesday
May 20, 2020
Friday
May 15, 2020
Thursday
May 14, 2020
  • AGC joined a construction industry coalition which today issued a statement urging the Minnesota State Legislature and the Governor to approve a substantial bonding bill to address the serious need to invest in Minnesota’s infrastructure and to lead the way to economic recovery from the COVID-19 pandemic.
Friday
May 8, 2020
  • Construction employment declined by 975,000 jobs in April as a new survey by the Associated General Contractors of America and data from construction technology firm Procore show deteriorating demand for construction, officials with the association announced today. Hear more from AGC Chief Economist Ken Simonson here.
Wednesday
April 29, 2020
Thursday
April 23, 2020

  • Governor Walz issued an executive order to start returning some Minnesota employees to work. This order allows workers in non-customer facing industrial and office-based businesses who cannot work from home to return to work while following guidelines. According to DEED, the order "will allow around 20,000 businesses and roughly 80,000 - 100,000 workers to go back to work beginning on Monday, April 27."

    The new order impacts businesses that were not classified as critical under the Stay-At-Home order. The State-At-Home order is in effect until Monday, May 4th. All employees who can work from home are directed to do so. Before workers may return to work at a Non-Critical Exempt Business under this Executive Order, the business must establish and implement a COVID-19 Preparedness Plan. Each Plan must provide for the business's implementation of Minnesota OSHA Standards and MDH and CDC Guidelines in their workplaces. A template COVID-19 Preparedness Plan, which covers OSHA, MDH, and CDC requirements, is available.
     

  • Governor Walz announced that schools in Minnesota will remain closed to in-person learning through the end of the school year.

  • The U.S. Small Business Administration (SBA) and Department of the Treasury issued new guidance (see question #31) that puts Paycheck Protection Program (PPP) borrowers and potential borrowers on notice that they should be able to prove in “good faith” that “[c]urrent economic uncertainty makes this loan request necessary to support [their] ongoing operations” to be eligible for the loan. This appears to be a warning to PPP borrowers of the possibility of federal audits and investigations to come. The guidance goes on to state that any “borrower that applied for a PPP loan prior to the issuance of this guidance and repays the loan in full by May 7, 2020, will be deemed by SBA to have made the required certification in good faith.”

    To help inform members about this development, AGC of America put together a podcast on April 24 concerning updated PPP program guidance and what it means for construction firms. You can watch it HERE and listen to it HERE
Wednesday
April 15, 2020
Thursday
April 09, 2020
Wednesday
April 08, 2020
  • Governor Walz extended the Stay at Home Executive Order to May 4, 2020.
Sunday
April 05, 2020
Friday
April 03, 2020
  • The fast-worsening COVID-19 pandemic has triggered layoffs at more than a quarter of construction firms responding to an online survey released today by the Associated General Contractors of America.
Wednesday
April 01, 2020
Tuesday
March 31, 2020
Monday
March 30, 2020
Saturday
March 28, 2020
  • AGC of America provided narrative to the updated federal guidance from the Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA) that clarifies construction’s critical role in supporting essential infrastructure.
Friday
March 27, 2020
  • AGC of Minnesota added Best Practice Resources from AGC members - click the Recommended Practices menu below.
Thursday
March 26, 2020
Wednesday
March 25, 2020
Monday
March 23, 2020
  • 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)
Friday
March 20, 2020
Thursday
March 19, 2020
Wednesday
March 18, 2020
Tuesday
March 17, 2020
  • 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, 2020
Sunday
March 15, 2020
Friday
March 13, 2020

Webinars and Education

Both AGC of Minnesota and AGC of America are holding regular opportunities for members to hear the latest information on policies affecting our industry.

AGC of Minnesota
AGC of Minnesota Members

  • April 13 - Podcast on "Vaccines, Equity, and Employers" by Kraus-Anderson Insurance

    Are the vaccines all safe?  Is the effectiveness similar across all types?  How do they work?  What is messenger RNA anyway?  These are some of the basic questions that are fundamental to understanding the path to a more normal life.  Once podcast guests cover the basic science, the discussion shifts to the implementation of the vaccine.  Perhaps the most interesting question is one of equitable distribution.  What typical healthcare barriers and risks exist, including language, transportation, and internet access thatcould hinder the vaccine rollout?  What factors are most critical to continuing to increase the speed of implementation?  How concerned should we be about these variants and when will we need boosters?  How long will we be wearing masks?

    Employers have a unique role in helpingemployees navigate these complex questions.  Beyond the risks associated with the workplace and bringing employees back, employers can also play a role in education and awareness.  Sharing facts and encouragement can help shape the safety of the workforce and reduce the risk in the workplace. 

  • CliftonLarsonAllen, LLP is offering a weekly COVID webinar, covering construction industry topics.  More information here.
AGC of America

Construction Job Site Practices

Any mandated testing for COVID-19 on jobsites must comply with EEOC guidelines that include accommodations for religions and health reasons.  More information here and here.

January 2021 - New OSHA COVID-19 Guidance

On Jan. 29, the U.S. Occupational Safety and Health Administration (OSHA) issued new guidance on protecting workers and preventing the spread of COVID-19 in the workplace. Per OSHA, the guidance is not a standard or regulation, creates no new legal obligations and the recommendations are advisory in nature, informational in content, and are intended to assist employers in recognizing and abating hazards in the workplace.

Here you will find an analysis from AGC of America highlighting the key differences in the recent guidance in comparison to previous guidance issued.

Highway/Heavy: AGC of Minnesota COVID-19 Recommended Practices (including best practices) for Employers & Employees on Highway / Heavy / Utility Construction Jobsites

Building: AGC of Minnesota COVID-19 Recommended Practices (including best practices) for Employers & Employees on Construction Jobsites

Display Sign/Poster to Comply with Minnesota Mask Mandate

On Monday, July 20, DLI made a recording of the COVID-19 Preparedness Plans - Construction webinar available. Slides can be viewed here.

AGC member Arthur Chapman Kettering Smetak & Pikala, P.A. has created a Template COVID-19 Preparedness Plan, following the DLI issuance of new guidelines.  This template is free for members to use.

OSHA Issues Guidance to Help Construction Workers During the Pandemic

CDC Recommendations for the Use of Cloth Face Masks

AGC of America is posting Weekly Safety Tips.

Best Practice Resources from AGC of Minnesota Members:

Listen to the AGC of Minnesota webinar (March 23), which includes a presentation by Doug Swenson (AGC) on construction job site practices. View the slides

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.

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:

  1. 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);
  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 (e.g. medical treatment beyond first-aid, days away from work).

Employment and Business Resources

AGC of America Resources

MAIN PORTAL: https://www.agc.org/coronavirus-covid-19

TOOLS/RESOURCES:

 

WEBINARS:

 

ADVOCACY EFFORTS:

  • Released AGC Member Firm COVID-19 Impact Surveys
  • Provided Daily/Weekly Member COVID-19 Update Emails

  • Successfully Lobbied Government Officials to Consider Construction as Essential

    • Released a Joint Statement with the Building Trades Union (March 21)

    • Sent Letters to State Governors asking construction to be exempt from work stoppages/delays (March 21)

    • Provided recommendations to the Cybersecurity and Infrastructure Security Agency (CISA) Concerning the Agency’s guidance on the “Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response” (March 25)

    • Worked with the Department of Homeland Security to Update its Guidance on Vital Sectors, Making it Even Clearer that Construction is Essential (April 20)

  • Successfully Lobbied Government Officials to Ensure Construction Firms are Eligible for the Paycheck Protection Program

    • Worked with the Small Business Administration and Department of Treasury to Ensure Firms with 500 or Fewer Employees Qualify for the Program (April 6)

    •  Worked with the Trump Administration to Extend the Deadline for firms to return Paycheck Protection Program loans by one week, from May 7 to May 14 (May 5)

    • Organized 152 trade associations in calling for Congress to nullify recent Internal Revenue Service (IRS) guidance essentially making business expenses—which are usually deductible—paid by forgiven Paycheck Protection Program (PPP) loan funds fully taxable (May 7)

  • Worked with OSHA to Exclude Cases of COVID-19 as Recordable Incidents Unless there is Objective Evidence that a COVID-19 Case may be Work-related and the Evidence was Reasonably Available to the Employer

  • AGC CEO Steve Sandherr Appointed to Serve on the Trump Administration’s “Great American Economic Revival Industry Group,” which will Advise the President and His Administration on the Best Ways to Restart the Broader Economy

  • Hosted a Virtual Media Event with Procore on the Impacts of the Coronavirus on the Construction Industry

  • As Co-chair of the Transportation Construction Coalition, AGC is Hosting a Virtual Washington Briefing with Key Congressional Leaders on the Status of Current Pandemic Relief and Recovery Efforts and Infrastructure Legislation


 

COVID-19 Safety Stand Down: Many contractors participated in a national safety stand down for the continued education and training of all employees on the latest safety measures and recommended jobsite practices related to COVID-19.  Below are resources from AGC of America:

Minnesota State Department Resources

From the Governor:

  • Governor Walz issued Executive Order 20-20: Minnesota Under "Stay Home" restrictions effective Friday, March 27, 11:59 pm
    • CONSTRUCTION LISTED AS ESSENTIAL, NOT SUBJECT TO RESTRICTIONS OF NON-ESSENTIAL BUSINESSES
    • Essential business employees are permitted to travel to and from work without violating the new Stay Home Executive Order issued by Governor Walz. AGC has developed an Essential Worker Verification Form for all employees that verifies exempt workers, accommodating their work travel.The verification form is NOT a requirement of law or the Governor's Executive Order 20-20. The form is only a convenience for an employee should they desire this level of comfort that their travel is authorized for essential business. If you use it, the form can be signed by someone in your organization (not MnDOT or another owner/public authority).

From the Minnesota Department of Public Safety:

  • Donations of Masks (and any other products) are being funneled through DPS.  Please hsem.ppp@state.mn.us if you have any masks your firm would like to contribute to health care facilities.

From the Minnesota Department of Commerce

From the Minnesota Department of Labor and Industry:

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:

AGC of Minnesota Advocacy on COVID-19

Correspondence:
In the News: