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Legal Alert: Gov. Murphy Issues Executive Order 142 - Permits Non-Essential Construction to Resume

On May 13, 2020 Governor Phil Murphy issued Executive Order No. 142 as part of the state's effort to gradually and strategically reopen its economy. Pursuant to Executive Order No. 142, all "non-essential" construction projects are permitted to resume Monday, May 18 at 6:00 am.

Governor Murphy's Executive Order No. 122, issued April 8, 2020, allowed only "essential construction" projects to continue, subject to certain restrictions. Executive Order 142, which fully superseded Executive Order No. 122, allows all construction projects to resume subject to the following mitigation and good hygiene practices:

Prohibit non-essential visitors from entering the worksite;

Engage in appropriate social distancing (six feet or more) when picking up or delivering equipment or materials and wherever possible;

Limit worksite meetings to groups of fewer than 10 people;

If the worksite is an occupied residence, require workers to sanitize work areas and remain socially distant (at least six feet) from the occupants;

Stagger work start and stop times and lunch breaks where practicable and limit people in lunchrooms, breakrooms, portable rest rooms, and elevators where practicable;

Require workers and visitors on site to wear cloth face coverings per CDC recommendations, except where doing so would inhibit the individual's health;

Require workers to wear gloves on site;

Provide the required face coverings and gloves to workers at the business' expense;

Require infection control practices (e.g., regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal);

Limit sharing of tools, equipment, and machinery;

Where running water is not available, provide portable washing stations; and

Require frequent sanitization of "high-touch areas" areas (e.g., restrooms, breakrooms, equipment and machinery).

The above mandates should be placed conspicuously at the entrances and throughout all worksites. It will be the responsibility of the Construction Officer in each municipality to enforce the mandates listed above.

If you have any questions about Executive Order 142 or wish to discuss your specific circumstances, Nehmad Perillo Davis & Goldstein is here to assist you. Please call (609) 927-1177 for more information.

File Name: EO-142
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