Coronavirus (COVID-19) Legal Alerts

Governor Phil Murphy Issues Executive Order 142 Permitting “Non-Essential Construction” To Resume

5.14.2020

Over the past few days, Governor Phil Murphy has stated his intent to gradually and strategically reopen the State for business.  On May 13, 2020, the Governor took a step in that direction by issuing New Jersey Executive Order No. 142, which permits all construction projects not designated as essential in New Jersey Executive Order No. 122 to resume on Monday, May 18, 2020 at 6:00 am. 

Businesses permitted to resume performing “non-essential construction projects,” as well as businesses continuing to perform “essential construction projects” under Executive Order 122, must implement a number of policies to protect all workers at, visitors to, and any residents of the construction site:

  1. No non-essential visitors;
  2. Adhere to social distancing measures when picking up or delivering equipment and materials;
  3. Worksite meetings cannot involve more than 9 people;
  4. Everyone must be at least 6 feet apart “wherever possible;”
  5. Stagger start and stop times “where practicable;”
  6. Restrict the number of people present at the same time in congested and high-risk areas such as lunchrooms, breakrooms, restrooms and elevators “where practicable;”
  7. Stagger lunch breaks and work times “where practicable;”
  8. Require workers and visitors to wear masks and workers to wear gloves. The business must provide, at its own expense, masks and gloves for the workers;
  9. Require infection control practices such as handwashing, coughing and sneezing etiquette, and proper tissue usage and disposal;
  10. Limit sharing of tools, equipment and machinery;
  11. Provide portable washing stations with soap or hand sanitizers where running water is not available;
  12. Frequently sanitize high-touch areas such as restrooms, breakrooms, equipment and machinery;
  13. Workers must be at least 6 feet apart from residents at occupied residences; and
  14. Place signage at entrances and throughout the worksite describing these requirements.

If you have any questions about restarting a construction project under Executive Order No. 142, please contact Don Taylor at 732.855.6434 or dtaylor@wilentz.com, or Dan Kluska at 732.855.6033 or dkluska@wilentz.com.

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