Cal-OSHA has prepared COVID-19 Industry Guidance: Construction (“Guidance”) for employers to assist with protecting their workers from COVID-19. As of May 12, 2020, it issued its COVID-19 Industry Guidance pamphlet for the construction industry. See, https://covid19.ca.gov/pdf/guidance-construction.pdf. Cal-OSHA stresses in its Guidance that its guidance does not alter any existing laws or health orders, nor is it a substitute for Cal-OSHA or other health-related requirements. The following are derived from the Guidelines, which are not intended to serve an exhaustive list of all recommendations and requirements which may exist. Orders and guidance from the county and municipality in which the business is doing business should be examined as well, such as the Sacramento County Public Health Order. See https://www.saccounty.net/COVID-19/Documents/May1_UpdatedHealth%20OrderStayatHome.pdf, which was effective on May 1, 2020.
Since rules and guidance are constantly changing, sources should be checked periodically for the most recent information. Per Cal-OSHA, construction businesses are encouraged to prepare and modify as necessary, the following:
- Establish a written, worksite-specific COVID-19 prevention plan (“the plan”) and regular monitoring of the plan.
- Identify for employees contact information for the local health department
- Provide training and communication for employees about the plan
- Update the plan as needed to prevent any further cases of COVID-19, if any.
- Isolate infected employees and investigate whether anything in the workplace could have contributed to the COVID-19 illness.
- Implement physical distance guidelines.
- Establish and perform cleaning and disinfectant protocols.
- Provide temperature and/or symptom screenings for all workers at the beginning of their shift and any vendors, contractors, or other workers entering the establishment.
- If self-screening is done at home, ensure that it is done prior to the employee starting their shift in accordance with CDC guidelines.
- Delivery drivers, vendors, and all others entering the facility are required to wear face coverings.
- Face coverings are strongly recommended when employees are in the vicinity of others. Workers should have face coverings available and wear them when on-site, in breakrooms and offices.
- Non-employees entering the jobsite should be restricted to those who management deems essential. They must complete a temperature and/or symptom screening before entering.
Cal-OSHA also prepared a checklist dated May 7, 2020 for which is supplemental to the Guidance for construction businesses. It can be found at https://covid19.ca.gov/pdf/checklist-construction.pdf. Please also see Coronavirus Disease 2019 (COVID-19): How to Protect Yourself & Others.
The foregoing is for informational purposes only and is not intended to constitute legal advice. We recommend you consult counsel of your choice for specific guidance and recommendations.
Laws and regulations concerning face masks vary according to city and county; some mandate face masks.