Construction Industry Update for New York – Only “Essential” Construction May Proceed

In short, only “essential” construction may proceed under the ESD’s updated Guidance, while non-essential construction (except emergency work) must halt:

ESD Guidance for Determining Whether a Business Enterprise Is Subject to a Workforce Reduction under Recent Executive Orders

9. Construction

• All non-essential construction must shut down except emergency construction, (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site).
   
• Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters. At every site, if essential or emergency non-essential construction, this includes maintaining social distance, including for purposes of elevators/meals/entry and exit. Sites that cannot maintain distance and safety best practices must close and enforcement will be provided by the state in coordination with the city/local governments. This will include fines of up to $10,000 per violation.
   
• For purposes of this section, construction work does not include a single worker, who is the sole employee/worker on a job site.