The COVID-19 crisis has resulted in many extraordinary measures to be taken by the federal, state, and local governments such as the “Safer at Home” order prohibiting groups of people from gathering and prohibiting some businesses from operating that pose a high risk of exposing their clientele to infections. These measures have resulted in a major impact on businesses in general and the solar industry in particular.
As a new affiliate of the Solar Energy Industry Association (SEIA) we will be bringing you updates that they they are able to share on the COVID 19 issue as well. There is a lot of information there, but check out these webpages first:
In Wisconsin, the construction industry, including solar, has been determined to be an “essential business” for the life-safety and infrastructure support benefits that it provides. Since this is new for everyone, the rules and guidance for how to operate in this environment are being created and amended regularly.
The leading solar and construction industry trade associations have developed excellent resources with FAQ’s on many of the important questions that contractors have such as:
Can contractors work inside buildings as well as outside?
Yes, but all essential businesses, to the greatest extent possible, are encouraged to use personal protective equipment where appropriate, use technology to avoid meeting in person when possible and engage in social distancing.
Do I need documentation to prove that I’m an “essential worker?” (ABC of Wisconsin)
Essential workers do not need documentation to prove they are essential, according to state agency staff. Police are generally not going to be stopping individuals and asking for proof. In some rare instances, construction employees have been asked to provide documentation to prove they are essential and exempt from the “safer at home” order. While not required, it may be helpful and prudent to provide your employees with a letter explaining their exemption from the emergency order.
Do I need to request any type of exemption for my business? (ABC of Wisconsin)
The Wisconsin Economic Development Corporation (WEDC), which is the government agency charged with determining whether businesses are “essential,” has indicated that if your type of business is listed (i.e. construction) there is no need to get a designation to become exempt; you are already included under exempt. If your business type is listed as essential, there is no further action required.
Am I required to have written COVID-19 response plan? (ABC of Wisconsin)
While it is not explicitly required in the state’s order, the WEDC encourages each business to develop a written COVID-19 response plan that is unique to each individual business and type of work being done.
- Guidelines for planning are provided in this document from WEDC.
- The Wisconsin Department of Health Services also provides guidelines for planning here.
If someone is positive with COVID-19, do I have to record in on my OSHA log? (ABC of Wisconsin)
Most likely, no. As an employer, you should determine whether there was any exposure that occurred in the work environment that caused or contributed to the test positive. As a practical matter, it is very difficult to do this and not practical to ascertain there was exposure on the worksite. OSHA would have to prove that the employee testing positive was work-related. If you have a COVID-19 case that results in a fatality or in-patient hospitalization, you would want to call OSHA. You would also likely be engaged with your local health department if this were to occur.
What steps should I be taking as a contractor employer? (ABC of Wisconsin)
Under the “General Duty” clause from OSHA, employers are to provide a safe and healthy workplace free from hazards that could cause death or serious physical harm. Employers should follow the recommendations for the number of employees on a particular worksite and instruct employees on the practice of social distancing, or ensuring employees keep a six foot distance between one another while working. Employees should not share tools.
Employers should remind employees to take basic, preventative measures to reduce the spread of coronavirus at the workplace, including these recommendations:
• Washing hands frequently with soap and water for at least 20 seconds or use an alcohol-based sanitizer that contains at least 60% alcohol
• avoiding touching their eyes, nose and mouth;
• covering sneezes or coughs with tissues, if possible, or else with a sleeve or shoulder;
• avoiding close contact with people who are sick;
• staying home when sick; and
• cleaning and disinfecting frequently touched surfaces and objects.
Employers should provide adequate supplies in the workplace for employees to follow these recommended practices.
CDC guidelines for protecting employees
ABC of Wisconsin Jobs Ambassador Rebecca Kleefisch discusses how contractors are addressing job site and employee safety and not taking lightly the declaration that construction is an “essential service” in Wisconsin. https://www.youtube.com/watch?v=ebRAC98RuAk&t=53s
The following websites are currently open to the public and you don’t have to be a member of the associations to access these resources.
Associated Builders and Contractors of Wisconsin
Wisconsin Builders Association
Associated General Contractors of Wisconsin
Associated General Contractors of Greater Milwaukee
Construction Coalition Issues Joint Statement on Jobsite Safety During COVID-19 outbreak:
“Fifteen labor and management organizations in Wisconsin committed to the health, safety and welfare of our workforce and the public by issuing specific mitigation strategies to combat the COVID-19 outbreak on jobsites.”
State of Wisconsin COVID-19 Information Webpage
Wisconsin Department of Safety and Professional Services
We will bring you further updates as they develop. If you have specific questions please contact Jim Boullion, RENEW Wisconsin’s Director of Government Affairs at firstname.lastname@example.org or by cell phone at (608) 695-7004.