Coronavirus Updates for CalCIMA MembersThis page includes information, updates and resources regarding CalCIMA and government actions in response to the evolving health emergency with coronavirus. During this time, we hope all members take appropriate precautions and remain safe and healthy.
Caltrans Issues Virus Safety Directive - Caltrans has issued Construction Procedure Directive (CPD) #20-6 regarding safe work practices during the coronavirus. The directive requires that resident engineers update their project specific Code of Safe Practices (COSP) to include direction to project staff and work site visitors in implementing coronavirus (COVID-19) prevention protocols. Separately, Caltrans issued revised procedures for dispute resolution in response to the coronavirus. These CPDs can be found here.
Fed OSHA Update
Fed OSHA Revises Respirator Fit Testing. In response to the coronavirus and to help make N95 respirators available for health care workers, federal OSHA issued a directive to temporarily give enforcement officers discretion concerning the annual fit testing requirement, so long as employers are making good faith efforts, which are enumerated in the directive.
US DOT Suspends Driver PhysicalsThe Federal Motor Carrier Safety Administration (FMSCA) has issued a notice to suspend renewal physicals for interstate and intrastate commercial truck drivers until June 30, due the coronavirus pandemic. Exams will still be required for new drivers.
MSHA Issues Guidance
The Mine Safety & Health Administration has issued COVID-19 Guidance on their website at https://www.msha.gov/msha-response-covid-19. It includes information about inspections, how they will interact with operators and miners, and what mine operators should be informing MSHA about their production activities.Specifically, the National Stone Sand and Gravel Association (NSSGA) highlights these key points in the MSHA guidance:
- They are following the CDC Interim Guidance, which includes provisions about maintaining 6’ of social distancing;
- MSHA is encouraging inspectors to participate in screenings or questionnaires at operations;
- MSHA employees who are symptomatic or have had a potential exposure are being asked to quarantine at home;
- If you alert MSHA about “changes in production” (i.e. you are not working at full capacity or have limited crews working) they will limit the number of inspectors sent for a routine inspection.
- For specific issues, questions, or concerns they encourage operators to reach out their District Office.
Labor Laws and Resources for CalCIMA MembersHere are a few resources and pointers for members to keep up with the evolving situation in regard to federal and state labor laws in regard to the coronavirus outbreak. Keep in mind that local governments may be adopting additional laws or requirements.
U.S. Dept. of Labor - https://www.dol.gov/agencies/whd/pandemic
The site includes information on the federal Families First COVID-19 Response Act, recently enacted by Congress. It is effective beginning April 1, 2020 and lasts until the end of the year. It applies to companies with less than 500 employees. There may be exemptions possible for companies with less than 50 employees in certain circumstances. The website includes Q&A for employers as well as posters and fact sheets for posting.
California Labor & Workforce Development Agency - https://www.labor.ca.gov/coronavirus2019/
This site includes information on sick leave and other laws enforced by the Labor Commissioner; and family leave, layoff, and disability insurance requirements enforced by the Employment Development Department.
California Dept. of Fair Housing & Employment - https://www.dfeh.ca.gov/ - This agency that enforces civil rights laws has created a fact sheet to help explain common employer/employee situations during coronavirus, including how to handle employees not feeling well and leave requests.
California Chamber of Commerce - they have a website with resources and answers to common employer questions, such as taking employee’s temperatures and how much medical information employers can ask for. A recent update includes a slideshow of a webinar on What Employers Need to Know about the Families First COVID-19 Response Act
CalCIMA member law firms - Many member law firms have excellent websites full of information, resources, and timely updates. Check out the resources links to the right.
Update 3/25/2020 - Update #2 as of 4:30PM
Safety COVID-19 UpdateHere are a few quick safety guidelines for mine and plant operators to protect personnel during the COVID-19 Emergency:
- Have meetings outside, where there are no surfaces and you can practice social distancing more easily.
- Use electronic systems and messaging to the extent possible – whether laptops, remote ticketing, Trimble messaging, etc.
- Don’t allow vendors on-site.
- Have sales personnel stay at home.
- No unnecessary visits to sites by managers.
- Stagger lunch and other breaks, in order to maintain social distancing in the lunch and break rooms.
- Be aware that safety agencies may inspect businesses to ensure compliance with shelter in place orders.
- It may not be advisable to train new drivers or equipment operators at this time if can’t maintain social distancing.
- Encourage workers to clean their workspaces and equipment cabs more frequently. Have the cleaning supplies available to use.
- Companies that do not provide uniforms that are cleaned regularly should opt for this benefit to workers. This would decrease the likelihood that workers wear soiled clothing more than once a day.
- Keep one operator on the same piece of equipment for the entire shift, if possible.
- Refrain from chewing tobacco and sunflower seeds; and no spitting!
- Disinfect shop vacs, handles on gang boxes, stair rails, power tools, and push button controls.
- Put your clothes in the wash as soon as you get home--and before greeting your family!
National Stone Sand & Gravel AssociationNSSGA has shared best practices, OSHA guidance on prepping workplaces and other resources from around the world.
Best Management Practices, Resources and Questions for Aggregate and Cement Operations during the COVID-19 Crisis.
Websites and Resources for Operators During COVID-19
CRH's 33 Practices (now 41 Practices)
OSSGA's Collected Industry Practices
DOT Guidance Regarding COVID-19
Check out this Infographic for Truck Mixer Drivers/Operators from the European Ready Mixed Concrete Organization.
And OSHA's Guide to Prepping Workplaces
National Ready Mixed Concrete Association
Check out NRMCA's Guidance for ready mixed concrete companies during the COVID-19 pandemic
MSHA Flexibilities for Mine Operators
- Annual refresher training certification (30 CFR Part 46)
- Surface and underground annual refresher training certification (30 CFR Part 48)
- Certified person; sampling (30 CFR §§ 70/71/90.203)
- Certified person; maintenance and calibration (30 CFR §§ 70/71/90.203)
Update 3/24/2020 #2 - as of 7:08PM
Caltrans Construction Operations during COVID-19 March 24, 2020 California Department of TransportationMemo provided by Mike Keever, Caltrans Chief Engineer
First and foremost is the safety and well-being of employees, consultants, and our contractor partners. If anyone finds themselves in a situation where they feel unsafe or unhealthy, we encourage them to take steps to remedy their circumstances.
Through Governor Gavin Newsom’s Executive Order N-33-20, Californians working in 16 critical infrastructure sectors identified by the federal government may continue working because of the importance of these sectors to California’s health and well-being. This includes the transportation sector. In accordance with this order, the State Public Health Officer has designated highway roadway, bridges and tunnels as “Essential Critical Infrastructure” to help state, local, tribal, and industry partners as they work to protect communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. The Executive Order issued by the Governor can be found at - https://www.gov.ca.gov/wp-content/uploads/2020/03/3.19.20-EO-N-33-20-COVID-19-HEALTH-ORDER-03.19.2020-signed.pdf and accompanying guidance at https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf.
During this crisis, Caltrans continues its commitment to provide the general public with a safe and reliable transportation system. Caltrans is maintaining all critical functions during this crisis, including roadway access to medical facilities and convenient transport of essential goods and services throughout the state. To that end, construction and maintenance projects vital to a fully functioning transportation system are currently moving forward. As contractors, you play a vital role in helping us deliver our program of projects and we recognize that you are assessing your own protocols and next steps.
Caltrans continues to closely coordinate with, and monitor information from the Centers for Disease Control and Prevention, the California Department of Public Health and others to ensure that our practices are consistent with measures to help limit the spread of COVID-19 while carrying out our essential operations and we know that you are doing the same.
As stated in Section 7-1.02 of the “Standard Specifications”, contractors are required to comply with applicable occupational safety and health standards, rules, regulations, and orders. Contractors must contact the local public health service department for information concerning public health conditions within the area of the project. Additionally, contractors must have an Injury and Illness Prevention Program per CalOSHA.
It is imperative that everyone working on Caltrans projects take practical measures to minimize exposure and prevent transmission of the virus. Caltrans is implementing the use of teleconferencing and videoconferencing for meetings with contractors. When necessary to meet in person, we are using the practice of social distancing.
Caltrans recognizes that there may be an impact to project schedules by taking these necessary precautions. If this does occur, we encourage you to work with the resident engineer to address time impacts. Any contractor who elects to discontinue construction operations due to supply chain disruptions or employee shortages shall submit a request in writing to the resident engineer. The contractor will be responsible for maintenance and water pollution control measures during the voluntary shutdown. The resident engineer will then grant non-working days or a mutual suspension per the “working day” exceptions in Standard Specification 1-1.07B.
We pride ourselves as an industry in our ability to partner together to overcome tough challenges. Caltrans is committed to fully staff construction projects with State and consultant staff to fulfill our inspection and administrative obligations. As we work through this this unique and difficult challenge together, we can continue to support California’s economy, despite the challenges of COVID-19.
If questions or concerns arise feel free to contact a local resident engineer, and they will quickly work with you to address them.
Please stay safe and healthy.
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Update 3/24/2020 as of 2:25PM
JTCP COVID-19 Updates
"Good afternoon JTCP Advisory Council Members,
Providing an update to previous discussions/emails, we have implemented the proposed plan from last week and have suspended JTCP classes through May 22nd, 2020. We are offering Extensions or Provisional Certifications to those participants who need certification sooner that this date. Instructions on how to access these services have been posted on both the CSULB JTCP Webpage and Caltrans JTCP webpage which may be accessed below.
CSULB Link: http://web.csulb.edu/colleges/coe/jtcp/index.php
Caltrans Link: https://dot.ca.gov/programs/engineering-services/joint-training-certification-program-jtcp
CSULB is continuing to reassign students into the replacement sessions which will be held at the end of May and throughout June.
Please let me know if you have any questions.
Jeremy Peterson-Self, P.E.
Branch Chief, IA North / Joint Training and Certification Program
METS-Office of Roadway Materials Testing
5900 Folsom Blvd. MS-5
Update 3/24/2020 as of 11:00AM
Caltrans update re MPQP Plant Certifications
CalCIMA received an update on Material producers subject to MPQP certification requirements during the COVID-19 impact period.
"In order to protect Caltrans and Contractor staff and public safety during this COVID-19 Crisis, we are suspending all MPQP plant certification activities until further notice. However, in order to support construction projects we will extend any current or expired MPQP certifications through April 30, 2020. This includes plants that are mobilized or moved.
Plants that have not previously been MPQP-certified will need to submit their certification requests to districts' Weights and Measure Coordinators once California Governor's social distancing order is lifted. We will inform industry when MPQP certifications activities resume, once a specific date is established.
For any questions please contact HQ MPQP Coordinator, at MPQP_HQ@dot.ca.gov."
From Caltrans Division of Construction
Update 3/23/2020 as of 12:35PM
Construction Materials Industry Clarified as "Essential"
Over the weekend, Governor Newsom’s Public Health Officer amended the state’s “essential critical Infrastructure” list to include “construction materials.” “I am pleased to report that CalCIMA has worked successfully with the Governor’s Office to secure important additions and clarifications to the list of Essential Critical Infrastructure Workers who are exempted from, and thus may continue working despite, the Governor’s March 19, 2020 Executive Order N-33-20 ordering all individuals living in the State of California to stay home from work,” said Gary Hambly President/CEO.
The additions and clarifications on the March 22 version of the list state that:
- Essential Workforce for Public Works includes construction materials suppliers; and
- Essential Workforce for Community-Based Government Operations and Essential Functions include workers who provider services related to construction materials sources.
“I would like to give a special thanks to Esperanza Ross, Richie Ross, CalCIMA Counsel Kerry Shapiro, and Bradley Johnson, who worked through the weekend with me to help CalCIMA secure these important additions and clarifications for our industry and members,” said Hambly.
Updates on the Governor’s order and other Coronavirus updates can be found on CalCIMA’s Coronavirus website. Updates are made as they become available so be sure to check back often.
CalCIMA Legal Counsel Breaks Down Important March 22, 2020 Update Regarding Governor Newsom's Executive Order N-33-20
Check out the latest BLOG post by CalCIMA's Legal Counsel discussing the clarification made yesterday for construction material suppliers and sources. Take note that changes to the Governor's order are ongoing and we will send updates regarding any changes that will impact our membership. Check back often.
More COVID-19 Updates
Members looking for legal updates to understand the Governor’s shelter in place order and interpret essential industries may want to review these: Jeffer Mangels Butler & Mtichell. LLP, & Harrison, Temblador, Hungerford & Johnson, Stoel Rives LLP, and Hunton Andrews Kurth….Other helpful websites include the State’s COVID19.ca.gov website, Centers for Disease Control, California State Association of Counties, League of California Cities...Also available are Employee "Essential Business" Exemption Cards
Safety Inspections Continue
CalCIMA members should be aware that as mine sites and plants remain open that they will continue to be inspected by the Mine Safety & Health Administration and CalOSHA. The MSHA inspectors will be following the Centers for Disease Control guidance on distancing and cleanliness. CalCIMA’s Safety & Health Committee have been working to recommend appropriate MSHA inspection procedures to MSHA and the National Stone Sand & Gravel Association.
Environment Compliance Continues
The CA Air Resources Board and the State Water Resources Control Board have issued advisories that their regulatory enforcement will continue during the coronavirus health pandemic. “CARB’s regulations continue to be in effect and deadlines apply,” said CARB Secretary Mary Nichols in an announcement to the regulated community. Since CARB personnel may be working at home, she recommends emailing them. Separately, the Water Board’s message on compliance said: “Please be aware that timely compliance by the regulated community with all Water Board orders and other requirements (including regulations, permits, contractual obligations, primacy delegations, and funding conditions) is generally considered to be an essential function during the COVID-19 response.” For more information on environmental compliance during a health pandemic, contact email@example.com
Caltrans Issues Policy on Tester, Lab Certification
Caltrans' Independent Assurance (IA) program has issued a policy to extend for about one month expiring testing certifications for personnel and laboratories with existing certifications. For new laboratories and new technicians, they should request service through the IA Service Request system at IA.Service.Request@dot.ca.gov. Certification classes through the Joint Training and Certification Program are cancelled through May 22. A provisional certification may be available in some instances for new technicians at firstname.lastname@example.org.
Your Stories Matter
Has your company made a contribution of masks to a nursing home? Have you helped donate masks to homeless encampment? Has your company supplied goggles, gloves, and masks to a hospital? Please let us know if your company has been able to help out, and we will share it. Contact STEPHANIE
Update 3/22/2020 as of 3:30PM
CalCIMA Legal Counsel Breaks Down Governor Newsom's March 19, 2020 Executive Order N-33-20
Check out this BLOG post by CalCIMA Counsel Kerry Shapiro and Martin Stratte of Jeffer Mangels Butler & Mitchell where they discuss which industry sectors will be allowed to continue working. Take note that changes to the Governor's order are ongoing and we will send updates regarding any changes that will impact our membership. Check back often.
Update 3/20/2020 as of 12:32PM
Caltrans Update # 2 - MPQP Certification Message
"Due to current Covid 19 health concerns and to ensure safety and consistency among districts regarding MPQP certification activities, the following are recommended:
For plants that have previously been certified by Caltrans, an extension until April 30, 2020 may be granted. This will ensure that our construction projects are not negatively impacted.
For new plants that do not have any history with Caltrans, an inspection could not be arranged at this time. MPQP inspection may be scheduled once we are past current crisis." - Mohammad Fatemi, PE, MPQP Coordinator, Office of Construction Standards, Division of Construction.
Update 3/20/2020 as of 10:53AM
Caltrans Projects Update
CalCIMA received an email from Caltrans this morning statying there is nothing new to report. "We are still proceeding with all ongoing projects. As you know, this ermains a fluid situation and I will continue to update you as things evolve." -Ramon L. Hopkins, P.E., Deputy Division Chief, Division of Construction.
As of printing time, Caltrans was continuing its projects and continuing to open new jobs. Having said that, they may extend bid times, and have to make adjustments to projects based on availability of workers and materials, per Construction Procedure Directive #20-4. They note that contract provisions allow for non-working days to be counted if a contractor is unable to work due to the current Governor’s declared state of emergency concerning COVID-19. They may issue guidance on matters such as plant certification. The status of projects could change, so CalCIMA will plan to keep members informed.
CPD # 20-4 - https://dot.ca.gov/-/media/dot-media/programs/construction/documents/policies-procedures-publications/cpd/cpd20-4.pdf
CPD web page - https://dot.ca.gov/programs/construction/construction-procedure-directives-cpds
COVID-19 Infrastructure Matters Update
Yesterday, in the early evening Governor Newsom issued an executive “Stay at Home” Order. It includes exemptions for certain "essential" industries described in federal criteria for critical infrastructure.
Later in the evening, the Governor updated information on the state's COVID-19 website to clarify the exemptions, to include "construction, including housing construction." Although the Executive Order has not changed, this is the description of the executive order on the webpage.
"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."
CalCIMA staff and counsel will provide additional updates as appropriate to address continuing development.
State COVID-19 Website Established.
The Governor has established a one-stop website for COVID-19 information. This includes all his executive orders, guidance from CalOSHA and CDPH, local ordinances and orders, and basic facts, information, and health practices regarding COVID-19. See www.covid19.ca.gov Here’s the Governor’s press release.
Shelter In Place Orders
Sacramento, Yolo Counties Shut Down. Sacramento and Yolo Counties are the latest to issues “shelter-in-place” orders, requiring non-essential workers to stay home. The Bay Area Counties earlier issued similar orders.
Caltrans Continues Operations.
As of printing time, Caltrans was continuing its projects and continuing to open new jobs. Having said that, they may extend bid times, and have to make adjustments to projects based on availability of workers and materials. They note that contract provisions allow for non-working days to be counted if a contractor is unable to work due to the current Governor’s declared state of emergency concerning COVID-19. They may issue guidance on matters such as plant certification. The status of projects could change, so CalCIMA will plan to keep members informed.
White House Asks Construction to Donate Masks.
As one of his announcements, President Trump has called on construction companies to donate N-95 masks and other protective equipment to local hospitals.
NSSGA Holding COCID-19 Practices.
The National Stone Sand & Gravel Association will be holding a conference call on Friday, March 20 to discuss best management practices during the COVID-19 pandemic. It will be at 11:30 a.m. Pacific Time. To learn more, contact NSSGA at (703) 525-8788.
CalCIMA Policy Issued During Coronavirus Emergency.
Gary Hambly, CalCIMA President/CEO, issued the following policy in regard to CalCIMA personnel and functions during the Coronavirus outbreak:
“Effective immediately, I have implemented a telecommute policy for all CalCIMA staff who wish to work remotely due to the current Coronavirus (COVID 19) situation. This will remain in effect until April 13th. “All staff will have access to their computer files, email and the ability to check voicemail remotely. Once per day, at least one staff member will come into the office in Sacramento to check the mail and make sure urgent office matters are handled. “Additionally, we will have weekly staff meetings via conference call so that the full staff will have an opportunity to communicate with each other and to get updated on all projects. “We will continue to monitor the Coronavirus situation and will keep members updated on any matters that may pertain to them.”
CalCIMA Postpones or Revamps Conferences & Meetings.
"Last week, in compliance with state and local guidance and directives, CalCIMA cancelled, postponed, or converted to conference calls all events and meetings through April,” announced Gary Hambly, CalCIMA President/CEO. “This includes the Legislative Conference, Spring Thaw, committee meetings, regional meetings, and training sessions. We will keep members informed on the exact status of these activities, and whether they will be rescheduled or replaced by conference calls,” said Hambly.
Below is the status of previously scheduled events and meetings. Please call the CalCIMA office if you have questions.
March 18th Safety Committee Meeting (changed to conference call)
March 19th Spring Thaw (postponed)
March 31st San Diego Regional Council (postponed)
April 13th Governmental Affairs Committee (changed to conference call)
April 14th Legislative Conference (postponed)
April 15th Board of Director Meeting (postponed)
April 29th Accident Investigation Seminar (postponed)
Essential Infrastructure” Exempted in Bay Area Shut Down.
On Monday, six Bay Area counties ordered a lock down, or “shelter-in-place,” for the entire region for non-essential activities. The order is effective for 3 weeks, from March 17 to April 7, 2020. This means no unnecessary work, activities, gatherings, or travel. However, the order includes an exemption for “essential infrastructure” work, which includes construction for public works and housing, and operations regarding utilities and transportation. It also defines “essential businesses” to include “businesses that supply other essential businesses...” The order applies in San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa, and Marin Counties. Key portions of the order are reprinted below:
10 - Definitions and Exemptions
c. "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, construction of housing (in particular affordable housing or housing for individuals experiencing homelessness), 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.
f. "Essential Businesses” means:
xv. “Businesses that supply other essential businesses with the support of supplies necessary to operate.”
State Legislature Recesses for One Month.
On Monday evening, the State Legislature passed a resolution to recess until April 13. The recess, embodied in Assembly Concurrent Resolution 189, says the Legislature can be called back or the recess extended depending on circumstances, particularly if the Governor declares further home isolation necessary...Also, the Legislature passed resolutions to allow it to meet remotely as needed...Members can expect that normal committee meetings and consideration of non-essential legislation is on hold. ? ?State Legislation Addresses Virus Impacts. Several state bills are being considered regarding various aspects of the coronavirus emergency. These include passage of SB 89 (Budget Committee) to authorize an additional $1 billion for the Governor to use as needed. They also include introduction of AB 3216 (Kalra) to expand use of family and medical leave and make it unlawful for an employer to refuse leave requests; and AB 3123 (Gonzalez) regarding access to drinking water.
Governor's Emergency Orders.
The Governor has taken a number of emergency actions to address the coronavirus. This includes an executive order suspending the requirement for legislation to be in print for 72 hours prior to consideration. Last week, the Governor issued an executive order increasing access to services, delaying tax filings, expanding authority for local health officials, and limiting large, non-essential gatherings.
Caltrans Reschedules Training.
Caltrans says that in-person, classroom-style technical training for concrete, aggregate, and asphalt testers has been cancelled for the month of March. These normally take place at San Jose State, Long Beach State, and through local American Concrete Institute chapters. Testing in April, should it continue, will be modified and at reduced capacity.
MSHA To Continue Inspections.
While MSHA has not issued a formal statement, they do plan to continue their regular inspections, according to the National Stone Sand & Gravel Association. The usual procedures will be followed; however, inspectors will avoid large group conversations to discuss their initiatives on electrical and contractor safety. For annual refresher training, depending on circumstances, they may give operators a 30 day grace period, particularly for operations with a large number of employees. This may include audiometric testing, too. However, extensions will be on a case-by-case basis. They recommend operators utilize remote or online training or testing to the extent possible.
WE ARE ALL IN THIS TOGETHER
Let us know your “best practices” and insights gained thus far to share in future updates.
RESOURCESFollowing are key websites you can bookmark and useful resources to keep handy in order to remain up to date on the Coronavirus.
CalCIMA Counsel Blog Article re essential critical infrastructure Workers
CalOSHA General Industry Safety
CalOSHA General Industry Worker Protections
Employee "Essential Business" Exemption Cards
CA Dept. of Public Health
Bay Area Shelter In Place
Legal Updates from CalCIMA Members
Alston & Bird
Harrison, Temblador Hungerford & Johnson
Hunton Andrews Kurth
Jeffer Mangels Butler & Mitchell
Allied Trade Associations
California Chamber of Commerce
California Manufacturers & Technology Association
California State Association of Counties
League of CA Cities