HBAT Update | March 23, 2020

Information provided. Construction as Essential Business Status of the Tennessee Restrictions Local Safer at Home Orders Unemployment Questions & Answers CDC recommendations for Businesses We are in a very fluid situation with business and the economy. Take a deep breath and let’s discuss the most recent information.  Updated information 03/23/2020 - 3:00pm Central Time

Construction is an Essential Business Building is a critical component of the economy

Your State Association (HBAT) has been in communication with the Governor’s Office for over a week advising them of the importance to keep all construction, including residential construction, working. We are a critical portion of the economy, that can safely work in small groups. We have explained to the Governor that we are sharing information on best practices on social distancing during this time. 1.   Keeping sick employees at home. Symptoms include fever, cough and shortness of breath. 2.   Good hand washing and disinfection practices. 3. Working in small groups with proper spacing between workers. Here is the language we borrowed from another state and shared with the Governor on 3/16/2020.  ++ For purposes of this Order, individuals may leave their residence to provide any services or perform any work necessary to the operations and maintenance of “Essential Infrastructure,” including, but not limited to, public works construction, the permitting, inspection, construction, transfer and recording of ownership, of housing and anything incidental thereto, airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), provided that they carry out those services or that work in compliance with Social Distancing Requirements as defined this Section, to the extent possible. ++

As of today the governor has not issued a restrictive order for all businesses. The Lee administration’s approach has been methodical and reasonable, based on the best facts available. Over the weekend, Governor Lee issued Executive Order 17. This order prohibits social gatherings of 10 or more people and enacts the following provisions for specific business sectors.   A) Dining establishments are to exclusively offer drive-thru, take-out or delivery options to support families, businesses and the food supply chain during this emergency. B) Gyms and fitness/exercise centers or substantially similar facilities are to temporarily close and suspend in-person services until April 6, 2020. In the interim, these businesses are encouraged to pursue digital programming if possible.  The order also pursues additional measures to keep vulnerable populations such as the elderly and those with underlying conditions safe. Visitation to nursing homes, retirement homes, and long-term care or assisted-living facilities is now limited to visits involving essential care only. Businesses are encouraged to enact policies that take extra steps to assist vulnerable populations by considering measures such as shopping hours exclusive from the general public. This order does not impact residential construction. You should be able to continue working on most work sites.

A Word on News Reports

First, the new media is reporting information as it pertains to the general public, but they are not providing the specific answers to questions you are asking.  This is not the new media’s fault. They are attempting to convey information that most people need to know. Many trade associations are putting out information, like this email to provide industry specific information.  Second. if a local order is issued for your area. Go online and find a copy of the actual report. So far these documents have been written in plain language and have clearly indicated construction and the supporting construction services are exempt essential businesses.

Local Government “Safer at Home” Orders

Several States have issued executive orders with much more stringent policies than Tennessee. As of right now, our counties and cities with higher rates of infection are taking action to limit certain business types. Mainly they are asking personal appearance businesses and crowd-based businesses to close.  These orders include a list of exceptions. We encourage you to read the actual order, if one has been issued for your area. Metro Nashville Order (Sunday, 3/22) and the Knox County Order (Monday, 3/23) are very similar in the way they structured exemptions. Read section 3 & section 4 for the essential business services. The local governments may not have written these passages in a way that you prefer, but I believe you will find they broadly define categories that include residential construction as exempt.   The City of Memphis issued a Safer at Home order this afternoon. A list of essential and non-essential businesses can be found here for Memphis.

What should you do? Active communication is essential. All builders need to work with their local HBAs to communicate with local governments about the importance of maintaining a proactive inspection and permitting process. You should ask how permitting and inspections will work?  If inspections are delayed is there an opportunity to use mobile video services to communicate on the job site? If there not enough inspectors are available encourage local government to use third party private inspectors?    Are there any procedures to obtain a waiver for certain activities? We should all work together to clearly explain our concerns and keep our businesses moving to support the economy. Please schedule a phone call first, have your conversation and follow up your conversation with an email second. Local Builders and HBAs should prepare a work site best practice Workers are encouraged to say if they are unwell. Any worker with symptoms should be send home. The use of personal protective equipment is required. Good hand washing is essential.  Proper disinfection is mandatory for any commonly used surfaces. For more information see the CDC recommendations below. You are smart. Ask questions to help determine your risk. Builders working on renovation projects should limit their activities to essential repairs if a family is occupying the home. If the renovation space is isolated from the home living spaces and the occupants have not entered the work space, workmen may be allowed to complete renovations. There will be situations that arise that are unique and dependent on a variety of factors. If a necessary appliance fails and must be replaced, we should replace it. However, proper care should be taken to provide PPE, remove the family from the works pace and disinfect all surfaces before and after the repair. Good common sense and proper safety precautions should be determined based on the facts of the case.

Tennessee Department of Labor & Workforce

We are sharing the Department of Labor & Workforce Development’s COVID-19 Response & Resources for Employers regarding unemployment. When you visit the Department's website www.tn.gov/workforce .   You will see a large blue banner, COVID-19 Response and Resources and the individual blue box links below to specific information. Click on any of the images below and you will be redirected to that webpage. The information will be updated as new information becomes available

Questions for Employers (Companies)

Questions for Employees (Workers)

Frequently Asked Questions

The Centers for Disease Control Recommendations

Interim Guidance for Businesses & Employers How to plan, prepare and respond to prevent exposure. All employers need to consider how best to decrease the spread of acute respiratory illness and lower the impact of COVID-19 in their workplace in the event of an outbreak in the US. You should identify and communicate your objectives, which may include one or more of the following: (a) reducing transmission among staff, (b) protecting people who are at higher risk for adverse health complications, (c) maintaining business operations, and (d) minimizing adverse effects on other entities in their supply chains. Read more

Risk Assessment for Business For most places in Tennessee our risk of exposure is low. If an employee does not feel well, they should stay home. Read More

Proper Cleaning Techniques for Facilities with Suspected Exposure Good techniques of how to clean surfaces and clothes to avoid spreading infection. Tip: bleach and water solutions in a spray bottle work well. Read More