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Face Coverings and Construction Sites

On June 24, 2020, Governor Roy Cooper issued Executive Order 147, extending and amending the Phase 2 Order implemented in Executive Order 141, as well as implementing requirements related to face coverings. Executive Order 147 is in place until 5:00 PM on July 17, 2020.

This Executive Order amends Executive Order 141 by adding Section 3.5, titled “Face Coverings”. Section 3.5(b)(7) mandates that face coverings are required in “In Certain High-Density Occupational Settings Where Social Distancing is Difficult.” This Section states that “Social distancing is inherently difficult where multiple workers are together in manufacturing settings, at construction sites, and in migrant farm, other farm, and agricultural settings. Therefore, in businesses or operations within North American Industry Classification System (NAICS) sectors 311 to 339 (manufacturing), 236 to 238 (construction), and 111, 112, 1151, and 1152 (agriculture), all workers must wear Face Coverings when they are or may be within six (6) feet of another person.” Section 236 relates to Construction of Buildings, whereas Section 237 relates to Heavy and Civil Engineering Construction. Lastly, Section 238 relates to Specialty Trade Contractors.

It should be noted that Section 3.5(c) lays out a list of exceptions to the face covering requirement, including but not limited to, medical or behavioral conditions or disabilities, when actively eating or drinking, and when wearing a face covering would “impede visibility to operate equipment or a vehicle.”

It is imperative that individuals in the construction industry understand these requirements, as well as the various exceptions that apply. Executive Order 147 can be found in its entirety at: https://files.nc.gov/governor/documents/files/EO147-Phase-2-Extension.pdf

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