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Executive Order Makes it Easier For Essential Workers in California to Obtain Workers’ Compensation Benefits On Tuesday, May 6, 2020, Governor Newsom signed an executive order that will make it easier for essential workers who contract COVID-19 to obtain workers’ compensation benefits. This order creates a rebuttable presumption that California’s essential employees who contract COVID-19 in the course of their employment are eligible for workers’ compensation benefits. This order will broaden benefits to all sectors, as long as the employee tests positive for COVID-19 by a physician. In addition to healthcare and first responders, the executive …

… the number of workers at the job site if feasible, and stagger trade-specific work for the same purpose. Prohibit gatherings of any size on the jobsite, except for safety meetings or as strictly necessary to carry out a task associated with the project. Strictly control “choke points” and “high risk areas” where workers are unable to maintain minimum six-foot social distancing. Minimize interactions and maintain social distancing with all site visitors including delivery workers, design professionals and other project consultants, government agency representatives, including building and fire inspectors, and residents at residential construction sites. Prohibit workers from using …

National Construction Practice Safety Alert Discretion in Enforcement When Considering an Employer’s Good Faith Efforts During the COVID-19 Pandemic The COVID-19 pandemic has resulted in widespread business closures, restrictions on travel, limitations on group size, facility visitor prohibitions, stay-at-home or shelter-in-place requirements. These actions have severely limited the availability of employees, consultants or contractors who normally provide required training, auditing, equipment inspections, testing and other essential safety and industrial hygiene services such as: Annual audiograms Annual process safety management requirements (Process Hazard Review PHA) Revalidation, Review of Operating Procedures, Refresher Training) Hazardous Waste …

National Construction Practice Safety Alert Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness and employers are responsible for recording cases of COVID-19 on the OSHA 300Log of Work Related Injuries and Illnesses. However, in areas where there is ongoing community transmission, employers other than those in the healthcare industry, emergency response organizations and correctional institutions may have difficulty making determinations about whether workers who contracted COVID-19 did so due to exposures at work. In light of these difficulties, OSHA is exercising enforcement discretion. Objective Evidence OSHA has suspended injury and fatality reporting requirements related to …