August 11, 2020

Volume X, Number 224

August 10, 2020

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Construction Shutdown is Lifted in Massachusetts

Non-essential private construction projects were suspended on March 31, 2020 in Massachusetts.  That suspension has been in place for the construction industry until today — May 18, 2020.

As part of the first phase of the Four-Phase Approach to Reopening Massachusetts, Governor Baker announced that the construction industry may commence work provided the mandatory safety standards and protocols can be followed.  See Report from the Reopening Committee.  Before a project may reopen, each business must have a COVID-19 Control Plan in place and posting of posters.

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Three resource documents were distributed

The safety standards include social distancing (crews 6 feet apart at all times) and no meetings of more than 10 people.  Where social distancing is not possible, PPE (face covering, gloves, and eye protection) must be used.

Each project shall have a site-specific COVID-19 Officer (who may also be the Health and Safety Officer).  A written report from the COVID-19 Officer must be provided to the Owner each day.

The safety standards have a requirement for COVID self-certification prior to starting a shift.  The certification requires a statement that the employee has not had signs of a fever, cough, or trouble breathing within the past 24 hours, have not had close contact with a person who has tested positive for COVID-19, and have not been asked to self-isolate or quarantine by a doctor or local public health official.

The safety standards are also restated in a checklist format.

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Visit https://www.mass.gov/covid19 and https://www.mass.gov/info-details/reopening-massachusetts for updates and copies of the applicable orders.

©2020 Pierce Atwood LLP. All rights reserved.National Law Review, Volume X, Number 139

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About this Author

Thomas Dunn Construction Attorney Pierce Atwood
Partner

Tom Dunn concentrates his practice in construction law and complex business dispute resolution representing clients in various sectors of the construction industry, including power generation, utility and road work, painting, and plumbing and mechanical work. Tom has served as trial counsel representing owners, general contractors, subcontractors, and design professionals in multiparty, complex commercial litigation in state and federal courts.  Tom splits his time between the Providence and Boston offices. 

In addition to litigation, arbitration, and mediation, Tom counsels clients...

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