As mentioned last night, Governor Cuomo announced that 100% of the non-essential workforce needs to work remotely beginning tomorrow Sunday March 22, 2020 at 8pm under the “New York State on PAUSE” Executive Order.

We understand that there is a great deal of questions regarding essential and non-essential this Executive Order worked to clarify these definitions. Again, the list of essential business and industries are the following:

1. Essential Health Care Operations, Including:

• research and laboratory services
• hospitals
• walk-in-care health facilities
• emergency veterinary and livestock services
• elder care
• medical wholesale and distribution
• home health care workers or aides for the elderly
• doctor and emergency dental
• nursing homes, or residential health care facilities or congregate care facilities
• medical supplies and equipment manufacturers and providers

2. Essential Infrastructure, Including:

• utilities including power generation, fuel supply and transmission
• public water and wastewater
• telecommunications and data centers
• airports/airlines
• transportation infrastructure such as bus, rail, or for-hire vehicles, garages
• hotels, and places of accommodation

3. Essential Manufacturing, Including:

• food processing, manufacturing agents, including all foods and beverages
• chemicals
• medical equipment/instruments
• pharmaceuticals
• sanitary products
• telecommunications
• microelectronics/semi-conductor
• agriculture/farms
• household paper products

4. Essential Retail, Including:

• grocery stores including all food and beverage stores
• pharmacies
• convenience stores
• farmer’s markets
• gas stations
• restaurants/bars (but only for take-out/delivery)
• hardware and building material stores

5. Essential Services, Including:

trash and recycling collection, processing and disposal
mail and shipping services
laundromats
building cleaning and maintenance
child care services
auto repair
warehouse/distribution and fulfillment
funeral homes, crematoriums and cemeteries
storage for essential businesses
animal shelters

6. News Media

7. Financial Institutions, Including:

banks
insurance
payroll
accounting
services related to financial markets

8. Providers of Basic Necessities to Economically Disadvantaged Populations, Including:

homeless shelters and congregate care facilities
food banks
human services providers whose function includes the direct care of patients in state-licensed or funded voluntary programs; the care, protection, custody and oversight of individuals both in the community and in state-licensed residential facilities; those operating community shelters and other critical human services agencies providing direct care or support

9. Construction, Including:

skilled trades such as electricians, plumbers
other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes

10. Defense

defense and national security-related operations supporting the U.S. Government or a contractor to the US government

11. Essential Services Necessary to Maintain the Safety, Sanitation and Essential Operations of Residences or Other Essential Businesses, Including:

law enforcement
fire prevention and response
building code enforcement
security
emergency management and response
building cleaners or janitors
general maintenance whether employed by the entity directly or a vendor
automotive repair
disinfection

12. Vendors that Provide Essential Services or Products, Including Logistics and Technology Support, Child Care and Services:

logistics
technology support for online services
child care programs and services
government owned or leased buildings
essential government services

As it stands the clarification language reads : “With respect to business or entities that operate or provide both essential and non-essential services, supplies or support, only those lines and/or business operations that are necessary to support the essential services, supplies, or support are exempt from the restrictions.” We understand that this list is still causing concern, confusion, and uncertainty for the construction industry and we are working to obtain further clarification on this item.

Again we implore you and your team to maintain best practices for cleaning sites and we have attached the NYC DOB handouts from last night to this email for your reference. Should you wish to have individual clarification the New York State- Empire State Development waiver is attached to this email and it can be submitted.

If you have any questions please do not hesitate to reach out to our team, at cahill-construction-division@cahillstrategies.com , we are working through specific scenarios as they arise.

Service Bulletins / Downloads:

Request For Designation As An Essential Business For Purposes Of Executive Order 202.6

Preventing and Remediating the Contamination of Germs on Construction Sites

Recommended Best Practices for Dust Mitigation/Control in Occupied Buildings with Active Construction

NYC DOB Service Bulletins:

March 2020 – COVID-19 Response: Appointments for Standard Plan Review BIS Job Filings

Preventing and Remediating the Contamination of Germs on Construction Sites

Industry Notice – Recommended Best Practices for Dust Mitigation/Control in Occupied Buildings with Active Construction

Robert “Bobby” D’Alessio, is a former New York City Department of Buildings Senior Executive Director of Construction Safety. Mr. D’Alessio’s focus is predominately in the areas of construction code and safety analysis for our clients’ major new building and renovation projects in the New York City and surrounding regions.

As Cahill Strategies’ Construction Code and Safety Consultant, Bob brings an unparalleled level of knowledge and practical experience to our growing construction solutions practice area.

More about Bob D’Alessio…