Stay-at-Home Orders: What This Means for Construction

While the U.S. (and world) struggle with the ongoing Covid-19 pandemic, many states are now issuing orders to “shelter in place” or “stay at home.”

All citizens of the U.S. have been advised to limit travel and practice social distancing, but some governors have enacted stronger measures in an attempt to slow the virus’ spread in their home state. With these orders come long lists of “essential” and “nonessential” businesses and entities, in essence, who can and cannot continue to work outside of the home.

But what does this mean for those in the construction trade? Management or office staff may continue to work remotely, but you can’t build a home, agricultural building, or commercial structure when you’re not on-site. As of Wednesday, March 25, there are 17 states with official stay-at-home orders—according to CNN.com, more than 50% of the U.S. population will be officially urged to stay at home (source). We’ve broken down each state’s orders here regarding the construction industry.

California

  • In Los Angeles, individuals may leave their residences to provide any services or goods or perform any work necessary to the operations, maintenance, and manufacturing of essential infrastructure, including without limitation:
    • Construction of commercial and institutional buildings, and residential buildings and housing
    • Airport operations, food supply, concessions, and construction
  • The California governor’s office has supplied a list of essential infrastructure jobs per the U.S. Department of Homeland Security, stating “…the list identifies workers who conduct a range of operations and services that are essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing management functions, among others. The industries they support represent, but are not necessarily limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works.” If your construction operation supports agriculture or any of the industries listed, you may be able to remain open.
  • Official announcement found here.

Connecticut

  • According to the governor’s orders, “Any essential business or entity providing essential goods, services or functions shall not be subject to these in-person restrictions. …Those businesses shall include…essential services including trash and recycling collection, hauling, and processing, mail and shipping services; news media; legal and accounting services; banks, insurance companies, check cashing services, and other financial institutions; providers of basic necessities to economically disadvantaged populations; construction…”
  • Official announcement found here.

Delaware

  • The Delaware governor’s orders listed the following as essential and allowed to remain in operation:
    • Construction of buildings: Residential Building Construction and Nonresidential Building Construction
    • Specialty Trade Contractors: Foundation, Structure, and Building Exterior Contractors; Building Equipment Contractors; Building Finishing Contractors; and Other Specialty Trade Contractors
  • Official announcement found here.

Hawaii

  • Hawaii’s essential businesses and operations include the following:
    • Critical trades. Building and Construction Tradesmen and Tradeswomen, and other trades including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, essential activities, and essential businesses and operations.
    • Manufacture, distribution, and supply chain for critical products and industries. Manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as…construction
  • Official announcement found here.

Illinois

  • Governor Pritzker’s order dictates that the following are considered essential and may remain open: Essential Infrastructure: Working in food production, distribution and sale; construction; building management and maintenance; airport operations; operation and maintenance of utilities, including water, sewer, and gas; electrical; distribution centers; oil and biofuel refining; roads, highways, railroads, and public transportation; ports; cybersecurity operations; flood control; solid waste and recycling collection and removal; and internet, video, and telecommunications systems
  • Official announcement found here.

Indiana

  • According to Indiana’s governor, the phrase “essential infrastructure” includes, but is not limited to, …construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, essential business construction, and housing construction)…
  • Official announcement found here.

Louisiana

  • Louisiana’s governor based their restrictions on recommendations by the U.S. Department of Homeland Security, stating “…the list identifies workers who conduct a range of operations and services that are essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing management functions, among others. The industries they support represent, but are not necessarily limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works.
  • Official announcement found here.

Michigan

  • Michigan’s governor defined critical infrastructure workers as those workers described by the Director of the U.S. Cybersecurity and Infrastructure Security Agency, which includes “…the list identifies workers who conduct a range of operations and services that are essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing management functions, among others. The industries they support represent, but are not necessarily limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works.
  • Official announcement found here.

New Jersey

  • New Jersey’s stay-at-home orders include the following designations: Examples of employees who need to be physically present at their work site in order to perform their duties include, but are not limited to, law enforcement officers, fire fighters, and other first responders, cashiers or store clerks, construction workers, utility workers, repair workers, warehouse workers, lab researchers, information technology maintenance workers, janitorial and custodial staff, and certain administrative staff.
  • Additionally, the order noted that the business or non-profit should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue.
  • Official announcement found here.

New Mexico

  • Governor Grisham’s public health order defined essential businesses, including: Infrastructure operations including, but not limited to, public works construction, commercial and residential construction and maintenance, airport operations, public transportation, airlines, taxis, private transportation providers, water, gas, electrical, oil drilling, oil refining, natural resources extraction or mining operations, nuclear material research and enrichment, those attendant to the repair and construction of roads and highways, solid waste collection and removal, trash and recycling collection, processing and disposal, sewer, data and internet providers, data centers, technology support operations, and telecommunications systems.
  • Official announcement found here.

New York

  • Shying away from the term “stay-at-home order,” New York’s governor instead called it “New York State on Pause.” Under this order, essential businesses include construction and skilled trades.
  • Official announcement found here.

Ohio

  • Ohio was one of the first states to enforce strict rules, with the governor describing the pandemic as being “at war.” While drastic measures are in place, construction business are considered essential and may continue to operate. “Essential infrastructure” includes, but is not limited to, …construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, essential business construction, and housing construction)…
  • Official announcement found here.

Oregon

  • Oregon’s restrictions don’t call out construction or manufacturing, but rather requires specific rules for businesses to allow employees to work from home, and also outlines social distancing. “…All businesses and non-profit entities with offices in Oregon shall facilitate telework and work-at-home by employees, to the maximum extent possible.” When these options are not available, employers must designate an employee to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority.
  • Official announcement found here.

Vermont

  • Services or functions in Vermont deemed critical to public health and safety, as well as economic and national security include: …construction necessary to support the COVID-19 response and maintain critical infrastructure…
  • Official announcement found here.

Washington state

  • The governor of Washington relied on the Director of the U.S. Cybersecurity and Infrastructure Security Agency to define critical infrastructure workers: “…the list identifies workers who conduct a range of operations and services that are essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing management functions, among others. The industries they support represent, but are not necessarily limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works.
  • Official announcement found here.

West Virginia

  • As the last U.S. state with a confirmed case of the virus, they didn’t wait long to implement restrictions to slow down its spread. In this state, “essential infrastructure” includes, but is not limited to, ...construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, essential business construction, and housing construction)…
  • Official announcement found here.

Wisconsin

  • Wisconsin’s governor defined “essential infrastructure” as including (but not limited to) …construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, essential business construction, and housing construction)…
  • Official announcement found here.

As of March 25, this list encompasses all U.S. statewide restrictions. However, many counties and cities have announced their own enforced rules. If your state is not on this list, we suggest contacting your local government for more information.

For information on what the U.S. government deems critical infrastructure, visit the U.S. Department of Homeland Security.

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