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Federal OSHA’s general duty clause requires each employer to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. COVID-19 , and each contractor should draft for its work sites an applicable policy for implementing the latest guidance in order to minimize the hazard and protect employees.

In addition to establishing COVID-19 standards, a list of tips that can help reduce the risk of exposure to COVID-19 in the construction industry. Some of those tips include:

• allowing workers to wear masks over their noses and mouths to prevent them from spreading the virus;
• training workers on how to properly wear and use protective clothing and equipment;
• keeping in-person meetings (including toolbox talks and safety meetings) as short as possible and limiting the number of workers in attendance;
• encouraging workers to stay home if they are sick;
• maintaining physical distance (at least six feet when possible) on the job site and inside work trailers; and
• encouraging frequent handwashing or sanitizing.

Drafting a COVID-19 policy

To draft a COVID-19 policy, a contractor should review recent OSHA and CDC guidelines. For example, OSHA has published 鈥淕uidance on Preparing Workplaces for COVID-19,鈥� which includes recommendations as well as descriptions of mandatory safety and health standards in the workplace. This is a great starting point.

Consider addressing the following topics in a COVID-19 policy: 1, policies and procedures for prompt identification and isolation of sick people (for instance, daily screenings such as questionnaires and temperature checks of employees before they enter the job site); 2, development, implementation and communication about workplace flexibilities and protections; and 3, implementation of workplace controls (such as personal protective equipment, safe work practices like physical distancing and alternative practices when physical distancing is not possible, limits for in-person meetings, and encouragement for sick people to stay at home, etc.).

In tandem with creation of a COVID-19 policy, and verification of any applicable state OSHA plans, effectively administer the job site to minimize the hazard. Administration of the job site includes utilizing the workplace controls and protections identified in a COVID-19 policy in order to protect employees while still allowing them to do their job efficiently at the project site. This may include daily screenings, such as temperature checks and basic screening questions related to potential COVID-19 symptoms before employees and visitors enter the job site, staggering trades, ensuring that physical distancing measures are followed, providing appropriate masks and gloves, and designating a person who will enforce those requirements on the job site.聽 Additionally, when certain activities do not allow six feet of distance between workers, a contractor may want to require its workers to wear personal protective equipment (including appropriate masks, face shields and gloves). Also consider whether schedules can be staggered or physical barriers can be added between employees in order to prevent close contact if reasonable.

A general contractor should draft its own COVID-19 policy; however, it should also require its subcontractors to draft their own COVID-19 policies and submit them to the GC prior to allowing them continued access to the jobsite where reasonable. It is critical that the general contractor and subcontractor regularly communicate and explain their policies to all of their employees, and the general contractor may consider posting applicable signage at the entrance and facility stations on the project, and other reasonable locations to reinforce project compliance and protection. As appropriate for the project, consider ensuring that subcontractors designate their own employees on the job site to enforce the requirements and certify in writing each day that employees on the site have correctly answered all the screening questions and were actually screened.

Although the guidance, laws and obligations related to COVID-19 seem to change and evolve daily, a contractor’s responsibility to keep its employees safe and ensure that the job site is safe does not change. As with all other OSHA and project safety requirements, good planning, implementation and reinforcement of the expectations will better achieve safety and compliance goals and allow ready answers by contractors when the project sites are inspected by governmental agencies.

Louis Ferreira is a senior partner at Stoel Rives LLP. He focuses on commercial litigation, insurance coverage, and environmental, safety and health issues. Contact him at 503-294-9412 or [email protected].

Antonija Krizanac is an associate in Stoel Rives LLP’s construction and design practice group. Contact her at 503-294-9459 or [email protected].

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the authors and do not reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither the authors nor the 91视频 guarantee the accuracy or completeness of any information published herein.