By: Thomas S. Tripodianos Published: March 2020

Construction as an Essential Service

Many of our clients are asking questions in light of the Governor’s most recent executive order and the guidance offered by Empire State Development which appears to designate construction as an essential service.  While it would seem clear that construction workers are allowed to report to work sites we have heard of situations where local officials are turning away workers.  If you find yourself in such a situation we have been preparing letters for employers to provide workers that may help in encounters with local enforcement.  Please feel free to reach out if you need assistance in this regard.

From a public health perspective just because you can report to work does not mean business as usual.  The designation as an essential service should not be interpreted that somehow construction workers don’t need to worry about community spread and risks to others. Indeed, the impact of the virus on what is considered a safe work place is very real.

As a law firm we are not in position to provide public health advice but we can tell you the risks both health and legal are real and should not be ignored.  Consider the guidance being offered in the three most recent Notices that NYC DOB released Friday evening with new protocols for doing business.

As always, we remain available to assist you in navigating the new reality we are all going through

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