Essential Infrastructure

Requirements for Essential Businesses

Essential businesses that continue to operate facilities within the six Bay Area Counties must create, post and implement a Social Distancing Protocol for each facility frequented by employees or the public, using the template attached to the Order, which can be found here. Essential businesses must also provide a copy of their Social Distancing Protocol to all employees and must provide evidence of its implementation to any authority encoring the Order on demand.

Further NECA has put together the following Guidelines for Constructions Projects that Remain Operational. NECA’s General Counsel put together a Coronavirus Contractor Liability alert detailing best practices to avoid liability during and after the Coronavirus pandemic.

OSHA Guidance on Protecting Workers

On Friday, January 29, 2021, OSHA released a press notice on new guidance related to protecting workers and mitigating the spread of COVID-19 in the workplace. This guidance is in response to the Presidential Executive Order issued by President Joe Biden to address worker health and safety related to the Coronavirus and COVID-19.

To answer this executive order, OSHA has reiterated that face coverings and employer developed COVID-19 Prevention Programs are key in addressing the current pandemic facing the nation. The new guidance does include references to existing health and safety standards and how those regulations can provide guidance to employers.

Read the full NECA Legal Alert by clicking here.

Essential Services Employee Travel

NECA has drafted this generic letter that an employer could provide to their employees, in the event of a lock down, that they are employed in an essential service and are able to be at work per the executive order. Every state and/or locale may have slightly different requirements, but this should be a good starting point. You will need to amend the letter to fit your specific needs.

Further, SmithCurrie & Hancock LLP has put together an Essential Services Employee Travel form, for contractors to complete and print for personnel to carry with them. The form is drafted for use in California.