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Ex. SEC-09-001 Order Primary source read

Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section)

ESD essential business guidance under EO 202.6 (construction revised Mar. 27, 2020; page updated Oct. 23, 2020)

Empire State Development Corporation (under Executive Order 202.6) · New York (State)

The COVID Project

The record

Jurisdiction
New York
Level
State
Authority
N.Y. Exec. Law s. 29-a; EO 202.6 (Mar. 18, 2020) directing ESD to issue essential-business guidance
Issued
2020-03-20 Mar. 20, 2020
Effective
2020-03-27 (construction limited to essential projects) (read as 2020-03-27)
End
Construction reopened by region in Phase 1 (May 15, 2020; NYC June 8, 2020); guidance stated it remained in effect for regions and industries not yet within reopening phases; industry guidance lifted June 15, 2021 (read as 2020-05-15)
In force
Mar. 27, 2020 to May 15, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Business closureWorkplace rules
Addressees
  • all construction businesses and projects in New York
Functions reached
  • JS job sites limited to essential projects
  • SB
  • OW
  • BD
  • PM (DOB permitting limited to essential work)
Collection
Construction SEC-09

Operative words

All non-essential construction is limited to only staging activities in regions that are not yet within the first phase of the state's reopening plan, except emergency construction... construction for, or your business provides necessary support for construction projects involving, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools... construction for affordable housing... construction work that is being completed by a single worker who is the sole employee/worker on the job site... Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close.

Enforcement

EO 202.8 (violations subject to civil penalties and mandatory closure under Exec. Law s. 29-a and Public Health Law s. 12); NYC DOB stop-work orders and fines (metro NYC file)

Notes

March 27, 2020 revision (widely reported as 'all non-essential construction must safely shut down') replaced the March 20 version that treated all construction as essential; the Oct. 23, 2020 text read live carries the same essential list and the 'must close' sentence.

Retrieval note

Cite with the source stated in the footnote; NY Forward guidance (Ex. SEC-09-017) confirms sites 'reopen' in Phase 1. section 9 (Construction) read and matches the operative clause quoted above. The Wayback Machine does hold captures of this URL (the earlier note that none existed was wrong; the CDX index was rate-limited when first checked). The live page is behind Cloudflare.