States, counties, and cities across the United States continue to implement safety precautions to slow the spread of the coronavirus outbreak (COVID-19). The coronavirus is affecting construction projects, and many are wondering if they can still work. Here, we’ve collected the orders issued within the state of California to determine whether construction is considered essential business in California.
Federal guidelines for essential businesses
On March 28th, the Cybersecurity & Infrastructure Security Agency (CISA) issued an advisory memorandum on what constitutes “essential critical infrastructure workers” during the COVID-19 pandemic. This list was intended to be a guide for state and local officials to protect their communities while ensuring the continuity of functions critical to public health and safety, as well as economic and national security.
The list identifies 16 different sectors that are considered essential. These include:
- Healthcare & Public Health
- Law Enforcement/Public Safety
- Food & Agriculture
- Energy
- Transportation/Logistics
- Public Works & Infrastructure Support
- Communications & Information Technology
- Other Community or Government Based Operations & Essential Functions
- Hazardous Materials
- Financial Services
- Chemical
- Defense Industrial Base
- Commercial Facilities
- Residential/Shelter Facilities & Services
- Hygiene Products & Services
For details under each sector, see: CISA: Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response
Does California consider construction essential?
On March 22, 2020, Governor Newsom issued California Executive Order N-33-20, which lists what the State of California considers an “essential business.” According to the governor’s order, California does consider construction an essential business.
Under “Essential Workforce,” the governor’s order lists:
- Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)
- Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, construction material sources, and essential operation of construction sites and construction projects (including those that support such projects to ensure the availability of needed facilities, transportation, energy and communications; and support to ensure the effective removal, storage, and disposal of solid waste and hazardous waste)
However, this order does not mean that construction is allowed to continue everywhere in California. County and city governments are allowed to set their own definition of “essential business,” which can be more strict than the state order.
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