AGC NYS Resources for COVID-19

    AGC NYS Resources for COVID-19

    Updated as of March 29 9:30 a.m. EDT

    AGC NYS and AGC of America have been receiving inquiries from members about industry response and preparation for Coronavirus. In response, AGC NYS has assembled a range of information from public health experts on the coronavirus as a resource. You can find those resources below, and we will continue to update this page as more information becomes available. We urge you to share this with your personnel, and please reach out to AGC NYS at (518) 456-1134 with any questions.

    Links to resources by category can be found here:

    Public Agency and Legislative Info OSHA Documents AGC NYS Materials
    New York State DOH Travel Card Know the Facts
    Department of Defense Preventing Worker Exposure Know the Facts Pt. 2
    NYS DOH Public Gathering OSHA Update (3/16) Protect Yourself
     Disinfectants for Use Against COVID-19 Protect Jobsites
    Paid Sick Leave Bill Executive Orders COVID-19 Poster
    NYSDOT Guidance (3/19)  State Executive Orders Landing Page Workforce Reduction & Paid Family Leave Webinar (3/23)
    NYSTA Guidance (3/20) EO202.6 – Construction Deemed Essential Surety Industry Checklist (3/24)
    MTA Guidance (3/20) Executive Order 202.8 (3/21) Insurance, Bonding and Workers Compensation Webinar (3/29)
    OGS Guidance (3/21) Executive Order 202.9 (3/21)
    NYSTA Guidance (3/22) ESD Q&A (3/23) From AGC of America
    Canal Corp. Guidance Updated ESD Guidance (3/27) AGC of America Guidelines
    MTA C&D Exposure Guidance (3/24) Industry Outlook – Ken Simonson
    SUCF Guidance (3/25) AGCA Data Digest
    Emergency Paid Sick Leave FAQs (3/27) Press Release on Possible Shutdown
    West Point Construction Update (3/27) Webinar Series (3/21)
    OGS Guidance (3/28) Jobsite Practices – AGC Oregon
    Proactive Measures for Addressing COVID-19 (3/24)
    AGC of America CARES Act Analysis (3/27)

     

    NYC Specific Information Federal Resources
    NYC DOB COVID-19 Homepage Naval Facilities Guidance (3/23)
    New York City DOH Defense Industrial Base Guidance (3/23)
    MTA Protocol USDOL FFCRA Employer Fact Sheet (3/24)
     NYC DOB Service Notice  (3/16) USDOL FFCRA Employee Fact Sheet (3/24)
    NYC DOB Service Notice (3/17) USDOL FFCRA Q&A (3/24)
    Building Trades Protocol FFCRA Posting Q&A (3/26)
    NYC SCA Remains Open Federal Employees Rights FFCRA Paid Sick Leave Poster (3/26)
    NYC DOB Enforcement Notice (3/19) Employee Rights FFCRA Paid Leave Poster (3/26)
    NYC DOB Full Demolition and Site Safety Plans (3/19) FFCRA Field Assistance Bulletin (3/26)
    NYC DOB Best Practices – Dust Mitigation (3/20) Pre-Screening Questionnaire (3/26)
    NYC DOB – Preventing Contamination (3/20) U.S. Chamber of Commerce – Emergency Loans (3/28)
    NYC DOB Service Notice (3/20) USDOL FFCRA Questions and Answers (3/28)
    NYC DOB Service Notice (3/23) Department of Homeland Security Guidance (3/29)
    NYC Division of Schools Permit Process (3/24)
    NYC DOB Summary of Changes (3/24)
    NYC DOB Service Notice (3/26)
    FDNY Notice (3/26)
    NYS SCA Notice of Direction (3/27)

    Noteworthy Articles:

    AGC Survey: 28 Percent of Members Report Halted or Delayed Projects | ENR

    Construction Responds to Limit Coronavirus Infection Exposure, Manage Work | ENR

    6 ways the coronavirus outbreak will affect construction | Construction Dive

    Coronavirus Could Force Teams to Work Remotely | Harvard Business Review

    WEBINAR: COVID 19 – Insurance, Bonding, Workers’ Comp Ramifications

    Hear from some of the top AGC NYS insurance, bonding and workers compensation professionals discussing some of the key issues construction will be facing moving through the COVID-19 pandemic. Click here to register.
    After registering, you will receive a confirmation email containing information about joining the webinar.

    Friday, March 27, 2020 – 10:00 a.m.

    FREE to attend

    Speakers:

    Kevin Viana, Vice President – Marshall and Sterling, Inc
    Tom Tyrrell, Vice President – Rose & Kiernan, Inc.
    Barry Manning, Senior Vice President,– Vanguard Coverage
    Marc Gnesin, Operations Director, NYC – GCG Risk Management
    Bill Donato, Operations Director, Upstate NY – GCG Risk Management
    This program brings together 4 very experienced attorneys to explore the myriad contractual issues you are facing relative to the Covid-19 Crisis. Relative to such issues as Force Majeure, Suspension of Work, Notice, Emergencies, Change in Law and Subcontractor/Supplier issues, the panel will tackle them from the standpoint of standard contracts (AIA, EJCDC, ConsensusDOCS) and various NYC and NYC Agency Contracts (DOT, Thruway, OGS, SUCF, DASNY, MTA, Port Authority, SCA, NYC).

    WEBINAR: Contract Issues in the Age of COVID-19

    Wednesday, April 1, 2020 – 10:00 a.m.
    As you register, you may submit specific questions for our panel (see the bottom of the registration page). While there will be time in the program for additional Q&A, the more the panel can see questions ahead of time will make for a more robust program.
    FREE to attend | Click here to register
    PRESENTERS:
    Jim Barriere, Partner, Hinckley Allen
    John Dreste, Partner, Ernstrom & Dreste, LLC
    Paul Monte, Co-Managing Partner, Peckar & Abramson, P.C.
    Robbie MacPherson, Director, Gibbons, P.C.

    AGC of America Webinars

    Part I: Your Federal and State Legal Obligations to Provide Paid and/or Unpaid Leave to Your Employees

     

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    Part II: What the Federal and Many State Labor and Employment Laws Are Likely to Require of You, as You Adjust Your Operations to Meet the Latest Contingencies

     

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    Part III: The Contractual and Related Legal Protections and Risks for Construction Companies

     

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    Upcoming Schedule:

     

    March 26, 2020 | 2:00 PM – 3:30 PM EDT

    Part IV: How to Protect Your People and Your Projects

     

    March 27, 2020 | 2:00 PM – 3:30 PM EDT

    Part V: The Components of a Comprehensive Project Continuity Plan

     

    March 30, 2020 | 2:00 PM – 3:30 PM EDT

    Part VI: Insurance Coverage and Claims for Losses Resulting from the Outbreak

     

    March 31, 2020 | 2:00 PM – 3:30 PM EDT

    Part VII: The Additional Pressure that the Outbreak Could be Putting on Your Information Technology

     

    April 1, 2020 | 2:00 PM – 3:30 PM EDT

    Part VIII: What You Need to Watch, as the Outbreak Continues to Unfold

     

    There will be a live Q&A session at the end of each presentation, so bring your questions and take advantage of the opportunity to engage directly with the experts.

    AGC NYS Member Support for Hospitals

    We are hearing of AGC NYS Members – mostly those who have relationships with hospitals – receiving requests to help with PPE that are in short supply. Most of those requests are for N95 masks and we know or Members are Stepping up where possible. AGC NYS would like to hear more of those requests so that we can pass them along to others in the region. We also want to hear about how AGC NYS Members and the construction industry are answered great the call to help battle this crisis.
    Please send this information to Joe Hogan.

    OSHA REPORTING UPDATE

    OSHA Revises Coronavirus Reporting Requirement after AGC Intervention; Reporting Required in Limited Circumstance where there is Evidence Employee Contracted the Virus at Place of Work

    On Tuesday, March 10, 2020, the Occupational Safety and Health Administration (OSHA) provided guidance requiring the recording and reporting of workplace exposures to COVID-19. That guidance did not take into account: the logistical nightmare employers would face to determine where someone contracted the virus—workplace or elsewhere—just as with a non-recordable occurrence of a worker contracting the common cold or influenza at the workplace; the impact this very broad policy could have on workers’ compensation plans; and the impact on contractors’ safety ratings for insurance and owner requirements.

    On Thursday, March 12, 2020, AGC of America CEO Stephen Sandherr spoke one-on-one with U.S. Secretary of Labor Eugene Scalia on this issue noting AGC’s deep concerns with and opposition to such broad guidance. Shortly after that call, on Friday March 13, 2020, OSHA issued new guidance. That guidance limits when COVID-19 can be a recordable illness to medically confirmed cases of COVID-19 that fall within a narrowed field of incidents that employers could then presume occurred on the jobsite. It is critical that employers conduct an assessment of the employee’s work duties and environment prior to making a decision to record the case, or not, just as you would with any other type of incident. OSHA makes it clear in their guidance, and their existing recordkeeping regulation, that if there is no evidence that the employee contracted the virus in the workplace, it is not a recordable illness

    Click here for a summary of the guidance along with additional information to consider as it relates to OSHA’s requirements for recording and reporting of workplace injuries and illnesses.

    NYC DOB Construction Site Monitoring

    The Buildings Department is reminding our industry partners to take special care of their workers and construction sites.

    The City’s Department of Health & Mental Hygiene has provided guidance on limiting the spread of COVID-19 which can be found here.

    We ask that you be vigilant in monitoring your construction sites.  Construction sites closed for a prolonged period of time can themselves pose a hazard to the public.  In the event you chose to close a construction site due to illness, cleaning, or merely as a precaution, we ask the following: 

    Inform

    E-mail the Department at COVID-19@buildings.nyc.gov and include in the Subject Line the location of your construction site and the period of time for which you expect it to be closed.  Upon reopening the site, use the same e-mail address to update us.

    Make Safe

    Should you choose to close your site, for the public’s protection you must:

    • Have the site secured to prevent access from any unauthorized personnel.  This includes maintenance of construction fencing and posting of permits.
    • Maintain and secure all scaffolding, debris netting, sidewalk sheds, and temporary walkways.
    • Maintain all adjoining property protection.
    • Maintain all guardrails, edge protection systems such as netting and cocoon systems, and floor and shaft opening protection.
    • Store and maintain cranes in accordance with manufacturer recommendations and approved CN drawings.
    • Ensure the proper shoring of excavated sites or backfill.
    • Ensure construction equipment is safely stored and maintained in accordance with manufacturer recommendations.
    • Ensure construction materials are safely stored.  Any light-weight materials susceptible to becoming wind-borne must be removed from the site, tied-down, or ballasted.
    • Maintain any fire suppression and detection systems.
    • Maintain all essential utilities.
    • Remove any volatile gases and liquids.
    • Remove any standing water and construction debris.
    • Ensure public sidewalks are clear and clean.

    Finally, construction sites requiring a Department-licensed safety professional cannot operate without one.  If your safety professional is out sick, they must be replaced or permitted work cannot be performed.

    How COVID-19 Spreads

    Person-to-person spread

    The virus is thought to spread mainly from person-to-person.

    • Between people who are in close contact with one another (within about 6 feet).
    • Through respiratory droplets produced when an infected person coughs or sneezes.

    These droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs.

    Spread from contact with contaminated surfaces or objects

    It may be possible that a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes, but this is not thought to be the main way the virus spreads.

    How easily the virus spreads

    How easily a virus spreads from person-to-person can vary. Some viruses are highly contagious (spread easily), like measles, while other viruses do not spread as easily. Another factor is whether the spread is sustained, spreading continually without stopping.

    The virus that causes COVID-19 seems to be spreading easily and sustainably in the community (“community spread”) in some affected geographic areas.

    Community spread means people have been infected with the virus in an area, including some who are not sure how or where they became infected.

    Watch for symptoms

    Reported illnesses have ranged from mild symptoms to severe illness and death for confirmed coronavirus disease 2019 (COVID-19) cases.

    The following symptoms may appear 2-14 days after exposure.*

    • Fever
    • Cough
    • Shortness of breath

    Call your doctor if you…

    Develop symptoms, and have been in close contact with a person known to have COVID-19

    OR

    Have recently traveled from an area with widespread or ongoing community spread of COVID-19.

    Stop the spread of germs.

    What to do if you are sick.

    What Should Employers Do?

    The Center for Disease Control and Prevention (CDC) is encouraging businesses to begin preparations for the spread of the Coronavirus in the United States. In order to assist you in these preparations, you are encouraged to take the following steps:

    Educate your employees

    Follow the CDC recommendations for employers: 

    • Employer Guidance: PREPARE NOW(link is external).
    • Emphasize staying home when sick, respiratory etiquette, and hand hygiene by all employees.
    • Perform routine environmental cleaning.
    • Update your absenteeism policy and communicate the requirements.
    • Update your work from home policy and communicate the requirements.

    Planning Considerations

    • Prepare for increased absenteeism
      • Cross train employees to handle other functions
      • Encourage employees to develop contingency plans for child care in the event there are long term closures of schools and day care centers
    • Prepare for business interruption
      • Identify alternative suppliers
      • Prioritize certain customers
      • Prepare to shut down certain functions

    Additional Resources

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