Essential Construction Sites to Continue Work During COVID-19
Within the last two weeks, in an effort to stop the spread of the novel coronavirus, Gov. Cuomo shut down all non-essential construction throughout the State of New York.
During these uncertain times, employers are pressuring their essential workers to forego safety for speed, thereby placing essential workers at a much greater risk for injury.
What is considered essential at this time?
Gov. Cuomo’s directive permits construction on infrastructure, hospitals, homeless shelters and affordable housing, along with emergency repairs. And now, the city’s Department of Buildings has launched a map of Essential Active Construction Sites that shows where these projects are underway.
The following is the criterion for essential construction projects that may proceed, as established in “Guidance on Executive Order 202.6:”
- “the construction is for, or your business supports, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools;
- “the construction is for affordable housing, as defined as construction work where either (i) a minimum of 20% of the residential units are or will be deemed affordable and are or will be subject to a regulatory agreement and/or a declaration from a local, state, or federal government agency or (ii) where the project is being undertaken by, or on behalf of, a public housing authority;
- “the construction is necessary to protect the health and safety of occupants of a structure;
- “the construction is necessary to continue a project if allowing the project to remain undone would be unsafe, provided that the construction must be shut down when it is safe to do so;
- “the construction is for projects in the energy industry in accordance with Question No. 14 in the FAQ at: [this link];
- “the construction is for existing (i.e. currently underway) projects of an essential business; or
- “the construction work is being completed by a single worker who is the sole employee/worker on the job site.”
The Law Offices of Michael S. Lamonsoff, Protecting Essential Construction Workers’ Rights Amid COVID-19
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