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Critical Infrastructure Risk and Contradicting Guidance
What is the risk of continuing construction projects related to the coronavirus including critical infrastructure? Based on the reaction of government officials across the country - there is obviously some confusion.
Stopping All Construction
This week Boston Mayor Martin J. Walsh announced the suspension of all construction projects as the city continues to take steps to guard against the spread of the coronavirus - the first U.S. city to shut down construction entirely. “These decisions that we make are not easy but they’re out of an abundance of caution”.
Thursday Pennsylvania Gov. Tom Wolf (D-Pa.) took the same action ceasing operations of all “non-life sustaining businesses” in an effort to stop the spread of COVID-19, putting an immediate halt to work at thousands of construction sites. This includes all sectors of construction, from heavy civil projects including highways and bridges, to building construction, including institutional and residential, and all specialty trade work.
Construction In Question
California's governor Gavin Newsome issued a statewide "stay at home order" on Thursday directing residents to leave their homes only when necessary during the coronavirus pandemic. The directive “does not” mention construction, however a notice on the state’s website lists it as one of the sectors that is not affected. The statement reads, “The California State Public Health Officer and Director of the California Department of Public Health is ordering all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain “continuity of operation” of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction, including housing construction”.
However California construction is struggling to understand locally the order of "shelter-in-place" recently issued and other COVID-19 related directives and orders that allow “essential” or “vital services” to continue however definitions of “vital or essential” are not clear. There is uncertainty and confusion for both private and public projects. Numerous counties in central California issued the shelter-in-place directives or orders which currently includes construction affecting public works and infrastructure.
Associated General Contractors of California reports an increase in work paused in Bay Area counties as contractors struggle to decipher if projects fall under varying counties' interpretation of 'essential' and county varying definitions. Firms are modifying projects to comply with jurisdictional shelter-in-place demands.
New York Governor Andrew Cuomo announced March 19 that, effective on March 20, it expands to 75% from 50% the proportion of employees in non-essential business sectors that must work offsite. The edict continues to exempt construction firms and "essential infrastructure operations" such as utilities, airports, transportation and telecommunications. However media sources indicate New York City Mayor Bill de Blasio may be considering a city wide jobsite shutdown.
Construction Will Continue – For Now
On the other side of the coin, construction of the new Raider Allegiant Stadium in Las Vegas will go on, for now, and the multibillion Seattle Sea-Tac Airport is continuing. Executive director Steve Metruck, of the Port of Seattle, which oversees Sea-Tac Airport states “continuing construction is important for the community including monitoring and implementing guidance for containing the coronavirus”.
Hoping to Avoid Worst Case Scenarios
Chicago developers, contractors and design firms are concerned with Boston and now Pennsylvania as worst-case scenarios. Firms are hoping that demonstrating best practices they will avoid a shutdown. Wide-ranging safety precautions are being implemented on job sites to limit the spread of the coronavirus and avoid the fate of Boston and Penn. Chicago is projected to have more than $4.5 billion in residential construction projects in 2020, a 16.4% increase from last year, according to Cumming. Commercial construction is projected at more than $4.6 billion this year, a 5.6% increase.
Hawaii's Optimism
Hawaii’s construction industry has been one of the top five contributors to the state’s gross domestic product in recent years. On Monday announcements poured in about business closures that included Nordstrom, Sea Life Park and Regal Theatres. There is optimism at the moment that construction - close to a $10 billion industry in the state could stand up relatively well even as retailers, restaurants, airlines, hotels and visitor attractions cut back operations in response to the spread of COVID-19.
Under state Department of Labor and Industrial Relations guidelines, construction work falls in a category of lower exposure risk to COVID-19 in part because job sites don’t allow frequent close contact with the general public. Contractors believe their jobs are less likely to be derailed by the coronavirus.
Shutting Down Critical Infrastructure Risk
Our nation continues its efforts to minimize the spread of the coronavirus with states and local governments issuing quarantine orders and mandatory business closures – all important public health measures. However shutting down essential critical infrastructure construction and operations is very risky for the essential operation of our country, and security of our nation in the effort to defend against this pandemic.
Obviously there is confusion at the state and local levels as to what operations and businesses are “critical and essential” for our country. In the "Presidents Guidelines for Handling the Coronavirus" it states, “If you work in the critical infrastructure as defined by the Department of Homeland, you are responsible for maintaining your normal work schedule”. Those 16 sectors are clearly identified on government websites and indicated below.
The U.S. Chamber of Commerce yesterday sent a letter to President Trump, urging his administration to issue guidance and exemptions that would clarify terms such as "essential infrastructure and essential businesses and services". That would allow individuals to leave their residence to provide any services or perform any work necessary to the operations and maintenance of “essential and critical infrastructure”.
What are the 16 Sectors of critical infrastructure?
The Office of Infrastructure Protection (IP) leads and coordinates national programs and policies on critical infrastructure security and resilience and has established strong partnerships across government and the private sector. Presidential Policy Directive 21 (PPD-21): Critical Infrastructure Security and Resilience determines these sectors:
- Chemical Sector
- Commercial Facilities Sector
- Communications Sector
- Critical Manufacturing Sector
- Dams Sector
- Defense Industrial Base Sector
- Emergency Services Sector
- Energy Sector
- Financial Services Sector
- Food and Agriculture Sector
- Government Facilities Sector
- Healthcare and Public Health Sector
- Information Technology Sector
- Nuclear Reactors, Materials, and Waste Sector
- Transportation Systems Sector
- Water and Wastewater Systems Sector
Consistent Message Needed
The problem is clarity is needed from government - at the local, regional, state and federal levels. You have the Governor of NY requesting the support from the President for the Army Corp of Engineering to construct additional hospital facilities (a critical infrastructure sector), and then you have the Mayor of Boston and the Governor of Pennsylvania halting all construction projects, including critical infrastructure projects. That's a problem.
We need a consistent message from government officials acknowledging that construction continuation is a priority, and essential for the resiliency plan and safety of our country, especially continuing construction and operation of critical infrastructure projects.
Taking a Proactive Role
The design and construction industry needs to take a more proactive role, providing guidance to government officials outlining the benefits of continuing our projects, and the precautions and best practices our organizations are taking to limit the spread of the virus and protect employees.
We also need to identify the importance of these projects, and the risks for shutting down essential and critical infrastructure projects and the impact it would have on our countrys operations, as well as our national security in the effort to defend against this pandemic.
Construction Protective Measures
All firms have jobsite safety programs and could easily address, or highlight the protections used, or implemented regarding the coronavirus. Social distancing would be rather easy on a majority of projects based on the size of a project site, facility or outside in open air. There is not another industry that applies more personal protective (PP) clothing (masks, shields, clothing, gloves, etc.) than the construction industry to protect its employees, maybe besides the medical sector.
Outlining the compliance and best practices your organization is applying to protect the workers and preventing the spread of the coronavirus is essential. Identify the guidance you have used in developing your program based on information obtained from the World Health Organizations, Center for Disease and Control (CDC), The Presidents Coronavirus Guidelines for America and other guidelines.
Guidance on what every American and Organization can do to decrease the spread of the coronavirus.
- Apply social distancing of 6 feet
- Practicing good hygiene
- Use noncontact methods of greeting
- Regular hand washing and avoiding touching your face
- Disinfect surfaces like doorknobs, tables, desks, and handrails
- Increase ventilation by opening windows
- Nonessential employees are working remotely
- Use videoconferencing for meetings when possible
- When not possible, hold meetings in open, well-ventilated spaces
- Adjusting or postponing large meetings or gatherings
- Assess the risks of business travel
- Cover your mouth and nose when you sneeze or cough
- Stay home if you are feeling sick
- Stay home if they have a sick family member in their home
Stay Well.
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NOTICE: This article is for informational purposes only and should not be construed as legal advice. Please consult with a legal professional in your area for advice reagrding your firms individuals circumstances.
Thank you.
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Sm artRisk
Risk Performance Strategies
SmartRisk is a leading risk and performance management consultancy for design and construction professionals. Through firm specific risk assessments, training and consulting, services focus on improving overall performance, profitability and reducing insurance costs through tailored risk management solutions.
If you have any questions about our services, or would like dicusss how we could assist your efforts, please contact us.
Thank you,
Timothy J. Corbett, BSRM, MSM, CERG, LEED GA
Founder & President
626-665-8150
tcorbett@smartrisk.biz
www.smartrisk.biz.
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