Author Archives: Meghan Hayes

About Meghan Hayes

Ms. Hayes is a 2019 graduate of Boston University School of Law. While in law school, Ms. Hayes worked with the New York State Attorney General’s Office, the Erie County Bar Association Volunteer Lawyers’ Project, and a prominent tort litigation firm in the greater Boston area.

New Guidance from Massachusetts on Reopening Office Space

By on May 20, 2020

Reopening The Office 

Under the Governor’s phased reopening plan office spaces outside Boston will be allowed to resume operations at 25% capacity beginning on May 25, 2020 and offices inside Boston may reopen at 25% capacity on June 1. Prior to reopening, businesses in all industries  are required to develop a written COVID-19 Control Plan outlining how the business will prevent the spread of coronavirus; sign and display a Compliance and Attestation poster informing visitors and employees that the business has developed and implemented procedures and protocols related to social distancing, hygiene, staffing and operations, and cleaning and disinfecting; and hang posters informing both employers and employees of the mandatory safety standards that have been established.

The Commonwealth released additional safety standards specifically for office spaces that must be implemented before workers are allowed to return to the office. The safety standards fit into four main categories; (1) social distancing; (2) hygiene protocols; (3) staffing and operations; and (4) cleaning and disinfecting.

Social Distancing

Initially, offices may only operate at 25% capacity. Capacity is determined either by the maximum occupancy specified by the office’s occupancy permit or the state building code, or the office’s typical occupancy as of March 1, 2020. Importantly, if the office has been operating as an essential business it must be in compliance with the occupancy requirements by July 1, 2020. Under limited circumstances related to public health and safety, or the provision of critical services, businesses may operate at a higher occupancy if there is a demonstrated need.

Businesses are encouraged to take creative approaches to social distancing and must take all practicable steps to ensure that individuals are at least six feet apart. Offices may need to be reconfigured to prevent congregating in common spaces, or to adequately separate workstations. Businesses should consider separating tables or desks, or by marking spots for people to work that are at least 6 feet apart. If work stations cannot be physically spread out, businesses must install physical barriers that are taller than standing workers.

If possible, businesses should create single-direction walkways and should assign workers specific physical locations to reduce movement and contact between workers. Moreover, businesses should consider staggering start, end, and break times to avoid large groups of people arriving and leaving at the same time, to prevent bottlenecks at exits and entrances, and to allow adequate social distancing in common areas.

Businesses must also take steps to create adequately ventilated spaces by opening windows and doors when possible. Only one person should be in a confined space at any given time. If more than one person must be in a confined space, all workers must wear a mask or face covering. To limit the use of shared, confined spaces, in-person meetings should be limited in quantity, duration, and attendance. Additionally, cafeterias may only serve pre-packaged foods. Businesses should limit visitors.

Hygiene Protocols

As from the beginning of the COVID-19 emergency, employees should be encouraged to wash their hands frequently and thoroughly. Businesses must make sure that employees have access to either handwashing facilities with soap and running water, or alcohol-based hand sanitizers with at least 60% alcohol. Employers should provide employees with cleaning supplies to keep their individual workstations clean and sanitized. High-touch surfaces must be cleaned at least daily, and workers should avoid sharing office equipment. If workers must share office equipment, the equipment should be disinfected after each use. Employers should post signs to regularly remind workers of the safety standards.

Staffing and Operations

Businesses will likely need to alter their operations to comply with safety standards and protocols. Businesses should provide training to workers on proper and up-to-date safety procedures relating to social distancing, hygiene, and cleaning. Workers should wear masks when social distancing is impossible and should continue to work at home if possible. Meetings should continue to be held virtually to enable social distancing.

Schedules should be staggered when possible to keep occupancy low. Visitors and on-site service providers should be limited, and businesses should create a designated shipping and receiving area to reduce contact between employees and outside workers. The business should keep a log of everyone that comes into the office, including temporary visitors, to enable contact tracing if someone in the office is diagnosed with COVID-19.

Most importantly, workers should be encouraged to stay home if they are feeling ill or experiencing any symptoms of COVID-19, or if they have been in close contact with anyone who has been diagnosed with COVID-19. If a worker tests positive for COVID-19 they should be encouraged to disclose their diagnosis to their employer so that the office can be properly cleaned and disinfected.

Cleaning and Disinfecting

The office should be cleaned daily, at minimum, but more often if possible. Businesses should keep a log that includes the date, time, and scope of cleaning to ensure that cleanings are completed regularly. High-touch surfaces such as doorknobs, vending machines, and elevator buttons must be frequently disinfected and shared spaces such as conference rooms should be cleaned in between uses. If a worker is diagnosed with COVID-19, the office must be shut down for a deep cleaning and disinfecting.

These guidelines from the Commonwealth are the minimum safety standards businesses must put into practice in order to reopen. Businesses are encouraged to be creative and to develop additional safety procedures and protocols in order to prevent the spread of COVID-19. By taking careful, meticulous steps to create safe workspaces, businesses can make their reopening process as smooth and uncomplicated as possible.

New Guidelines for Safe Construction Sites

By on May 20, 2020

Massachusetts Reopens: Construction Guidelines

On May 18, 2020 Governor Charlie Baker released his four-phase plan for reopening Massachusetts. During Phase 1 beginning on May 18, essential businesses, manufacturing and construction will be allowed to resume operations. The Commonwealth published both general and industry specific guidelines that business must adhere to in order to reopen. Although the following guidelines apply to projects across Massachusetts, many cities and towns have developed additional guidance and protocols for construction sites, and it is important for owners and contractors to check with the municipalities where their projects are located for additional requirements prior to reopening.

Requirements Applicable to All Industries

In addition to industry specific reopening guidelines, the Commonwealth has released three requirements applicable to all industries; (1) the COVID-19 Control Plan; (2) the Compliance and Attestation Poster; and (3) the Mandatory Workplace Safety Posters.

First, businesses must develop and implement a written COVID-19 control plan. The COVID-19 Control Plan addresses social distancing measures, hygiene protocols, staffing and operations, and cleaning and disinfecting procedures. A sample COVID-19 Control Plan template is available from the Commonwealth.  This plan does not need to be submitted and approved, but it must be kept onsite in the event of an inspection or COVID-19 outbreak.

After creating the COVID-19 Control Plan, customer-facing business must complete, sign, and display a Compliance and Attestation Poster. The Poster informs visitors and employees that the business has implemented social distancing measures, cleaning and disinfecting protocols, provided hygiene instruction, and requires the employees to wear masks. The Poster must be visible to employees and visitors. The Commonwealth has provided a template Compliance and Attestation Poster.

As part of the implementation of the COVID-19 Control Plan, businesses are required to display posters detailing the Mandatory Safety Standards outlined in the Plan. The Commonwealth has developed separate posters for workers and employers which must be displayed where employees can see.   

Specific Guidelines for the Construction Industry

In addition to the general requirements applicable to all industries, the Commonwealth has released guidelines specifically for construction sites. Many of the site safety requirements have been in place since the beginning of the COVID-19 emergency, and continue to be in effect. Additionally, the processes for addressing a confirmed case of COVID-19 on site is still in place.

General Requirements for Construction Sites

Workers on all sites must continue to self-certify prior to every shift that they have had no fever over 100.3 degrees or other signs of fever, cough, or shortness of breath within the past 24 hours; they have not been in close contact with a person who was diagnosed with COVID-19; and have not been asked to self-isolate or quarantine by their doctor or public health officials. However, there are other important details that contractors, project managers, and owners should be aware of.

All construction sites, other than construction on 1- 3 family residences, must have a site-specific COVID-19 officer who is required to submit daily written reports to the project owner certifying that the contractor and all subcontractors are in compliance with the COVID-19 Construction Safety Guidance.

Additionally, all outdoor construction projects without easy access to an indoor bathroom are required to install wash stations, with adequate stocks of soap and paper towels, and hot water if possible. For 1-3 family residential projects without ready access to indoor restrooms, contractors may provide adequate supplies of hand sanitizer to each worker rather than installing wash stations.

Special Considerations

Large, Complicated Construction Projects

For large, complicated construction projects, the city or town where the project is located may require the owner to develop a site-specific risk analysis and enhanced COVID-19 safety plan. The city or town reviews then reviews and approves the plan, and the plan is implemented. The city or town may require the project to stop work until an enhanced plan is submitted and approved. Any violations of the enhanced COVID-19 safety plan are treated the same as violations of the Commonwealth’s COVID-19 Construction Safety Guidance.

Importantly, a city or town has the authority to require the Owner of a large, complicated private construction project to pay for, or pay into a pooled fund, for an independent third-party inspector or inspection firm to enforce the COVID-19 Construction Safety Guidance and any enhanced COVID-19 safety plan. The third-party inspector is only accountable to the city or town, and the city or town has the authority to pause work on a project until a third-party inspector has been retained. The Commonwealth has provided no guidance on how projects may be classified as “large” and “complicated.”

Special Guidelines for Large, Complicated Public Construction Projects

For projects undertaken, managed, or funded by a state agency or authority, there is joint responsibility between the state agency and the town or municipality in which the project is located. The Owner has the lead responsibility for compliance and enforcement including frequent on-site inspections by an employee or contractor who is familiar with COVID-19 guidance and is authorized to enforce the guidance and shite down the work site if violations are found. The owner must notify the municipality where the project is located if the project is shut down or when it finds violations of the COVID-19 guidelines and a plan for corrective action. Work can be paused on a construction project until a plan is developed, approved and implemented.

1-3 Family Residential Construction Projects

1-3 family residential projects that have 5 or fewer workers on site at any given time, do not need a site-specific COVID-19 officer. A contractor may designate a COVID-19 officer to be responsible for all the small construction sites in a city or town. The COVID-19 officer should be in daily contact with each of the sites to ensure they are in full compliance with the COVID-19 guidelines and the COVID-19 officer must still prepare daily reports covering all the small sites.

Consequences of Non-Compliance

If construction sites fail to adhere to the COVID-19 guidelines, the municipality has the authority to shut down work on the project until a plan for corrective action addressing each area of noncompliance is developed and approved by the owner. If the site is found to have additional issues of non-conformance, action may be taken against the contractor’s prequalification and certification status. 

A Case of COVID on Your Construction Site

By on May 6, 2020

Despite taking all required and recommended precautions, there is still a chance that someone
on your site might test positive for COVID-19. If a worker on your site tests positive for COVID-19, there are steps you must take to ensure the health and safety of your workforce and to comply with the requirements established by the Commonwealth of Massachusetts.

Most importantly, if any worker on your site is exhibiting symptoms of COVID-19 such as fever,
cough, or shortness of breath, instruct them to leave the worksite immediately and to contact their healthcare provider. Once a worker is confirmed to be COVID-19 positive, the Massachusetts Department of Health or a local board of health will notify the people who were in close contact with the COVID-positive worker. The contractor or site supervisor will be required to work with the Department or local board of health to identify anyone who may have had close contact with the COVID-positive worker. These people may include other workers, vendors, inspectors, subcontractors or visitors to the work site. Any person who is deemed to have been in close contact with the COVID-positive worker should be sent home and should not return to the construction site for fourteen days. Any person who is subsequently confirmed to be COVID-19 positive should not return to work until cleared by their healthcare provider.

Once a supervisor becomes aware that one of their workers is COVID-positive, they must inform the designated site COVID-19 safety officer, the site safety officer (if different from the COVID-19 safety officer), and the owner of the project that there was a confirmed positive case of COVID-19 on site. Importantly, supervisors must keep the identity of the COVID-positive worker confidential in compliance with health information privacy laws.

Additionally, immediately after learning of a COVID-positive worker on-site, the site supervisor
or contractor should identify surfaces that the infected worker may have touched. These surfaces include high-contact areas like door handles and light switches, as well as supply cabinets, designated work stations, shared tools and equipment, and common areas such as bathrooms, break rooms, tables, vending machines. The contractor or site supervisor must use personnel, equipment, and material approved for COVID-19 sanitization to thoroughly disinfect all identified surfaces and areas. Workers may, but are not required to be sent home during this cleaning. It’s important that healthy workers not return to these areas until the sanitization process is complete and it is deemed safe to enter.

A positive case of COVID-19 is not in and of itself cause for a town or municipality to shut down
a construction site. However, if the town or municipality determines that your construction site is not in compliance with COVID-19 safety requirements, or that you are unable to comply with the safety requirements, the town or municipality may shut down your project for the duration of the state of emergency. Therefore, it is important to make sure your site is in full compliance with all guidelines and regulations in order to keep your site up and running.