Wednesday, April 15, 2020

As the circumstances surrounding the COVID-19 pandemic continue to evolve at a chaotic pace, NLBMDA will be sending members a regular alert to provide updates on new actions taken by federal and state governments in response to COVID-19. These will include updates on state executive orders, federal guidance documents and Congressional activity. Members can find all of NLBMDA’s COVID-19 resources and communications by visiting our website here.

COVID-19 State by State Activity Tracker

NLBMDA is actively monitoring and tracking state activity related to the COVID-19 pandemic and will share a comprehensive summary of all activity to date. NLBMDA will continue to provide regular updates as information becomes available. Click here to view the latest information.

Recent Updates:

Alaska – The governor has extended an existing order mandating social distancing and closure of non-essential businesses through April 21. The existing exemptions remain in effect. The state has also initiated a new requirement that businesses defined as essential by Alaska must submit a travel plan or protocol for maintaining critical infrastructure to

New York – The governor has signed an executive order requiring employers to provide masks to essential employees who interact with the public.
If you have questions or information about developments in your state, please reach out to

Please note these updates do not constitute legal advice. Information contained may be subject to interpretation and companies should consult with their own counsel.

OSHA Issues Guidance for Recording Cases of COVID-19

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim guidance for enforcing OSHA’s recordkeeping requirements (29 CFR Part 1904) for recording cases of COVID-19. Under OSHA’s recordkeeping requirements, employers are responsible for recording cases of COVID-19 if the case:

  • Is confirmed as a COVID-19 illness;
  • Is work-related as defined by 29 CFR 1904.5; and
  • Involves one or more of the general recording criteria in 29 CFR 1904.7, such as medical treatment beyond first aid or days away from work.

In areas where there is ongoing community transmission, employers other than those in the healthcare industry, emergency response organizations, and correctional institutions may have difficulty making determinations about whether workers who contracted COVID-19 did so due to exposures at work. Accordingly, until further notice, OSHA announced it will not enforce its recordkeeping requirements to require these employers to make work-relatedness determinations for COVID-19 cases, except where:

  1. There is objective evidence that a COVID-19 case may be work-related;
  2. The evidence was reasonably available to the employer.

Members may contact Director of Government Affairs Kevin McKenney at with any questions or comments.

NLBMDA Supports April 16 COVID-19 Safety "Stand Down"

Today, NLBMDA announces support for the National Association of Home Builders (NAHB) effort for companies to halt work for at least 10 minutes on Thursday, April 16, for a COVID-19 Job Site Safety Stand Down to educate workers on what they should do to keep themselves safe from COVID-19.

NAHB cites the Department of Homeland Security’s (DHS) recent designated of construction of single-family and multifamily housing as an “Essential Infrastructure Business,” which NLBMDA lobbied DHS for, allowing construction to continue in places under stay-at-home orders. While this guidance isn’t binding, it is possible that more workers will return to jobsites in the coming week as states follow the guidance. As part of the safety stand down, both NLBMDA and NAHB are asking its members to pause all work for at least 10 minutes to relay COVID-19 safety precautions, such as maintaining a distance of no less than six feet with others at all times, cleaning and sanitizing frequently used tools, equipment, and frequently touched surfaces on a regular basis and ensuring the proper sanitation of common surfaces and equipment. As a reminder, NLBMDA has compiled federal guidance and resources in the NLBMDA COVID-19 Action Resource Center. For questions, please contact Kevin McKenney at

Members can find all of NLBMDA’s COVID-19 resources and communications by visiting its action resource center here.

NLBMDA 4/15/2020

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