Governor Murphy Allows Nonessential Construction to Resume


Jonathan M. Korn
 and Michael R. Darbee

On May 13, 2020, Governor Phil Murphy signed Executive Order 142 (“EO 142”). Under EO 142, all “nonessential” construction projects, as defined in EO 122, “are permitted to resume” as of 6:00 a.m. on Monday, May 18, 2020.

The order requires contractors who will resume work to adopt social mitigation and infection control policies designed to stop the spread of the coronavirus. For example, EO 142 bans nonessential visitors from entering the job site; requires at least six feet of social distancing; prohibits meetings of 10 or more people; requires staggering work times and break times; and requires contractors to identify and control access to “high-risk areas,” such as bathrooms.

Also, under EO 142 businesses must require workers and visitors to wear cloth face coverings (or a more protective covering, such as a surgical mask) and must require workers to wear gloves. Every business must provide masks and gloves to its employees at its own expense. Moreover, businesses must deny access to a person who refuses to wear a face covering for non-medical reasons. However, if a person refuses to wear a face covering for medical reasons, the business and its staff cannot demand proof of the stated condition.

Finally, businesses must maintain other infection control practices. For example, business must implement policies regarding hand washing, coughing and sneezing etiquette, and proper tissue disposal. If there is no running water at the job site, businesses must provide portable washing stations with soap or hand sanitizer (containing at least 60 percent ethanol or 70 percent isopropanol). Moreover, “high touch” areas, such as bathrooms and equipment, must be regularly sanitized.

The policies are detailed in the text of EO 142 and must be displayed “in conspicuous signage” at the entrances and throughout the worksite. If you intend to commence nonessential construction, you should carefully review the text of EO 142 and implement appropriate workplace policies.

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