COVID-19 Industry Updates

May 19, 2020

OSHA’s Revised Enforcement Guidance on Recording COVID-19 Cases and Response Plan

While MSHA is the primary regulatory agency over mines, OSHA jurisdiction covers construction, office spaces, and aggregate sales yards. For those operations that fall under OSHA, please note they have come out with Revised Enforcement Guidance for Recording Cases of Coronavirus that will start being enforced on May 26, 2020; this guidance also rescinds the previous memos on the subject and only applies to employers with 10 or fewer employees (unless a COVID-19 case results in a serious injury or fatality). It is not anticipated this guidance will significantly impact the mining industry.

Based on this policy, OSHA will begin enforcing recordkeeping requirements for recording cases of COVID-19 at the workplace as a reportable illness, and employers must record work-related cases (as defined by as defined by 29 CFR § 1904.5) of the novel coronavirus. However, OSHA has acknowledged that it is still extremely difficult to determine whether a case of COVID-19 is in fact work-related and is using its enforcement discretion to assess employer efforts when determining if a case is work-related. Guidance from the agency states employers are not expected to conduct extensive medical inquiries, and in most cases speaking with the employee about where he or she may have contracted the illness, reviewing the employee’s work environment, and taking other basic evidence into consideration (e.g. close or frequent proximity to other workers or the public) should be sufficient. We encourage members who have a positive case to thoroughly document your investigation.

Under OSHA’s Updated Interim Enforcement Response Plan the agency will increase in-person inspections at all workplaces. However, OSHA will continue to prioritize COVID-related inspections and work places deemed by OSHA as a high or very-high risk type, for example, hospitals, emergency medical centers, and emergency response facilities. Mining and construction generally fall into the lower risk category.

May 13, 2020
Supreme Court Reverses Evers' Safer-at-Home Order

Wisconsin's Supreme Court, in a 4-3 decision, struck down Evers' Safer-at-Home Order effective immediately. 

To read a copy of their ruling, please click here

There are a few local municipalities in Wisconsin that have instituted their own Safer-at-Home orders, which could still affect operations.  

May 5, 2020

WEDC Releases Guidelines on Reopening for Construction Industry Businesses

The Wisconsin Economic Development Corporation (WEDC) has issued guidelines for businesses to aid in their reopening. An area of guidance includes the construction industry. 

To view a copy of this guidance, please click here.

April 27, 2020

Governor Evers Announces Expanded Opportunities for Certain Nonessential Businesses

MADISON - Gov. Tony Evers today announced another turn of the dial in expanding allowed operations for nonessential businesses, providing even more opportunities for businesses to get back to work in a safe and responsible way. 

The Emergency Order, signed today by Wisconsin Department of Health Services Secretary-designee Andrea Palm, allows nonessential businesses to do curbside drop-off of goods and animals. This will allow businesses like dog groomers, small engine repair shops, upholstery businesses, and others to safely open. Today's order also allows outdoor recreational rentals, such as boats, golf carts, kayaks, ATVs, and other similar recreational vehicles. Additionally, automatic or self-service car washes would be able to operate. All of these businesses must operate free of contact with customers by providing payment options online or over the phone, enact proper disinfecting practices, and operations must be able to be performed by one staff member.  

“No one wants to reopen our economy as much as I do, and we're working to do everything we can to make sure we can do so as soon as we safely and responsibly can. That's why today we announced a new order that, coupled with our Safer at Home order that went into effect last week, turns the dial a notch by allowing non-essential businesses to do more than they were able to do before,” said Gov. Evers. “This order means that every business across our state can do things like deliveries, mailings, curbside pick-up and drop-off, and it's an important step in making sure that while folks are staying safer at home, they can also continue to support small businesses across our state.” 

Today’s order builds upon the last turn of the dial. When the Safer at Home order was extended last week, a number of additional options were made available for businesses to safely serve the public, including:

• Golf courses were opened this past weekend;
• All businesses are allowed to offer curbside pick-up, allowing customers to purchase goods online or over the phone from a local store; 
• Construction businesses can do aesthetic or optional construction work so long as it is performed by a single person;
• Public libraries can provide curbside pick-up of books and other library materials; 
• Arts and crafts stores can offer expanded curbside pick-up of materials necessary to make face masks; and
• Landscaping businesses can do aesthetic or optional lawn care so long as it is done by a single employee. 

Emergency Order #34 is available here and goes into effect at 8 a.m. Wednesday, April 29, 2020. If you have questions regarding Emergency Order #34, please review the frequently asked questions document available here.

In addition to the requirements outlined above, all essential and nonessential businesses must continue to follow social distancing and safety practices required under the Safer at Home order, available here. A document summarizing these safe business practices by the Wisconsin Economic Development Corporation (WEDC) is available here. Businesses can visit WEDC.org for additional resources on taking the necessary steps to keep workers, businesses, and customers safe.

April 26, 2020

CDC Adds New Symptoms for COVID-19 Screening

The U.S. Center for Disease Control and Prevention (CDC) updated its guidance to add six new symptoms of COVID-19. Based on this update, individuals should be cognizant of the new symptoms while self-monitoring for COVID-19 and employers should update their employee health screening procedures.

The CDC has expanded the list of possible COVID-19 symptoms to: fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, and new loss of taste or smell. The CDC also notes that some individuals have experienced extreme fatigue and gastrointestinal distress, including diarrhea, though those symptoms are not included in the updated list of common symptoms. Additionally, the CDC has lowered the benchmark fever warning to 100.0 degrees Fahrenheit, which is lower than the previously advised 100.4 degrees.

The CDC has also created an interactive “self-checker” tool, which assists individuals in evaluating whether they have COVID-19 or another illness, such as seasonal allergies.

Symptoms are expected to appear 2-14 days after exposure to the virus. The CDC warns that not all individuals with COVID-19 will experience all symptoms and symptoms may range from mild to severe. The CDC also recognizes that some individuals with COVID-19 will appear asymptomatic. Individuals should seek immediate medical attention when/if they experience any of the following symptoms: trouble breathing, persistent pain or pressure in the chest, new confusion or inability to wake up, or bluish lips or face.

In light of the new guidance, employers should take the following steps:

• Update screening criteria and instruct employees not to report to work if they are experiencing any COVID-19 symptoms, which may include a fever of 100.00 degrees or another symptom even without a fever.
• Continue to screen employees for COVID-19 symptoms, including performing temperature screenings when appropriate, before permitting the employee to access the workplace.
• Immediately separate and send home employees who report or display COVID-19 symptoms.
• Instruct sick employees to follow CDC-recommended steps and not return to work until they no longer present a threat to their coworkers.
• Follow the recommended cleaning and disinfection recommendations if an employee is suspected or confirmed to have COVID-19, including deep cleaning of all areas where the employee worked during the 48 hours prior to exhibiting symptoms.
• Consider requiring/providing COVID-19 testing to employees before allowing access to the workplace when the testing is consistent with business necessity, including preventing the direct threat of exposing co-workers or customers to the virus. 

April 20, 2020
Governor Evers Announces Badger Bounce Back Plan

Gov. Tony Evers today announced Wisconsin's "Badger Bounce Back" plan, which outlines important criteria for Wisconsin to be able to reopen its economy in phases and includes steps to make sure workers and businesses are prepared to reopen as soon as it is safe to do so. In coordination with this announcement, at the direction of the governor, Wisconsin Department of Health Services Secretary-designee Andrea Palm issued Emergency Order #31 establishing the process and outlining the phases of the plan. The emergency order is attached to this email, along with a copy of the plan. 

The Badger Bounce Back plan is informed in part by the President's Guidelines for Opening Up America Again that was issued by the White House on April 16, 2020. Currently, Wisconsin does not meet the criteria the White House established to start reopening our state. The Badger Bounce Back plan takes important steps to get the state of Wisconsin there. 

To view a copy of the Executive Order, please click here.

To view a copy of the Governor's Badger Bounce Back Plan, please click here. 

April 16, 2020
Governor Evers Extends Safer at Home Order

MADISON — Gov. Tony Evers today directed Wisconsin Department of Health Services (DHS) Secretary-designee Andrea Palm to extend the Safer at Home order from April 24, 2020 to 8 a.m. Tuesday, May 26, 2020, or until a superseding order is issued. The order implements some new measures to ensure safety and support the progress we've made in containing COVID-19, but also allows certain activities to start up again. The order is available here.  “A few weeks ago, we had a pretty grim outlook for what COVID-19 could mean for our state, but because of the efforts of all of you, Safer at Home is working. That said, we aren't out of the woods just yet,” said Gov. Evers. “As I've said all along, we are going to rely on the science and public health experts to guide us through this challenge. So, as we extend Safer at Home, I need all of you to continue doing the good work you've been doing so we can keep our families, our neighbors, and our communities safe, and get through this storm together.” “Before we lift Safer at Home, the steps of testing and more robust public health measures must be in place,” explained Secretary-designee Palm. “These steps will help us reduce the risk of a second wave of the virus. If we open up too soon, we risk overwhelming our hospitals and requiring more drastic physical distancing measures again.” The extension of the Safer at Home order includes a few changes. Some changes allow more businesses and activities to open back up, while other changes help make businesses safer for employees and customers. The changes in this order include:  Businesses and activities ramping up service and operations: Public libraries: Public libraries may now provide curb-side pick-up of books and other library materials.  Golf Courses: Golf courses may open again, with restrictions including scheduling and paying for tee times online or by phone only. Clubhouses and pro shops must remain closed. Non-essential Businesses: Non-essential businesses will now be able to do more things as Minimum Basic Operations, including deliveries, mailings, and curb-side pick-up. Non-essential businesses must notify workers of whether they are necessary for the Minimum Basic Operations. Arts and Crafts Stores: Arts and craft stores may offer expanded curb-side pick-up of materials necessary to make face masks or other personal protective equipment (PPE).  Aesthetic or Optional Exterior Work: Aesthetic or optional exterior law care or construction is now allowed under the extended order, so long as it can be done by one person. Safe Business Practices: Safe Business Practices for Essential Businesses and Operations: Essential Businesses and Operations must increase cleaning and disinfection practices, ensure that only necessary workers are present, and adopt policies to prevent workers exposed to COVID-19 or symptomatic workers from coming to work. Safe Business Practices for Retailers that Essential Businesses and Operations: Retail stores that remain open to the public as Essential Businesses and Operations must limit the number of people in the store at one time, must provide proper spacing for people waiting to enter, and large stores must offer at least two hours per week of dedicated shopping time for vulnerable populations. Supply Chain: Essential Businesses and Operations that are essential because they supply, manufacture, or distribute goods and services to other Essential Businesses and Operations can only continue operations that are necessary to those businesses they supply. All other operations must continue as Minimum Basic Operations.  Other changes include: Schools: Public and private K-12 schools will remain closed for the remainder of the 2019-2020 school year. Local parks and open space: Local health officials may close public parks and open spaces if it becomes too difficult to ensure social distancing or the areas are being mistreated. Travel: People are strongly encourage to stay close to home, not travel to second homes or cabins, and not to travel out-of-state if it is not necessary.  Tribal Nations: Tribal Nations are sovereign over their territory and can impose their own restrictions. Non-tribal members should be respectful of and avoid non-essential travel to Tribal territory. Local government must coordinate, collaborate, and share information with Tribal Nations. Duration: The changes in this order go into effect on April 24, 2020. The order will remain in effect until 8 a.m. on May 26, 2020. If you have questions, a Frequently Asked Questions (FAQ) document is available here for your review. The public should continue to follow simple steps to avoid exposure to the virus and prevent illness including:  Avoiding social gatherings with people of all ages (including playdates and sleepovers, parties, large family dinners, visitors in your home, non-essential workers in your house); Frequent and thorough hand washing with soap and water;  Covering coughs and sneezes; Avoiding touching one's face; and  Staying home.  This is a rapidly evolving situation, and we encourage you and the public to frequently monitor the DHS website. We encourage you to follow @DHSWI on Facebook, Twitter, or dhs.wi on Instagram. Additional information can be found on the CDC website.

April 15, 2020

OSHA Issues Interim Enforcement Response Plan for COVID-19

This Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) provides instructions and guidance to Area Offices and compliance safety and health officers (CSHOs) for handling COVID-19-related complaints, referrals, and severe illness reports. The scope of this guidance covers all investigations and inspections specifically related to the workplace hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), which is the virus causing the current COVID-19 pandemic.

OSHA will continue to ensure safe and healthy conditions for America’s working men and women by enforcing standards during this health crisis. In addition, heightened attention will be given to the risks posed by SARS-CoV-2. This interim response plan outlines how the agency will continue to discharge these responsibilities in the differing circumstances throughout the country.

Due to the COVID-19 outbreak, OSHA Area Offices will use their resources to fulfill mission essential functions and protect workers while also taking appropriate diligence to protect our own personnel. This Interim Enforcement Response Plan sets forth interim procedures that allow flexibility and discretion for our field offices to maximize OSHA’s impact in securing safe workplaces for workers in this evolving environment. As with responding to any complaint, an examination of the facts will guide the determination of the best enforcement approach and appropriate action to take based on the employer’s response.

Attached to this memorandum are specific enforcement procedures (Attachment 1); a sample employer letter for COVID-19 activities (Attachment 2); a sample hazard alert letter (Attachment 3); a sample alleged violation description for a citation under the general duty clause, Section 5(a)(1), of the Occupational Safety and Health (OSH) Act (Attachment 4); and additional references, including OSHA’s prior COVID-19-related enforcement memoranda (Attachment 5).

April 14, 2020
NSSGA Issues Best Management Practices for Aggregates Regarding COVID-19

The National Stone, Sand and Gravel Association (NSSGA) has issued guidance relating to best management practices for aggregate producers during the COVID-19 pandemic. These best management practices cover items relating to workplace guidelines, cleaning & sanitizing, operations and employee well-being.

To see a copy of their best management practices, please click here. 

April 9, 2020
White House Announces New Guidance for How Critical Employees can Return to Work

The federal government has released new guidelines regarding when people in critical infrastructure roles can return to work after being exposed to a confirmed or suspected case of the coronavirus.

The guidance pertains to essential critical workers who have been exposed to COVID-19. For those individuals, the guidelines advise:

• Take your temperature before work.
• Wear a face mask at all times.
• Practice social distancing in the workplace as work duties permit.

The guidelines advise individuals not to:

• Stay at work if you become sick.
• Share headsets or other items used near one's face.
• Congregate in the break room, lunchroom, or other crowded places.

Employers are asked to:

• Take the employee's temperature and assess their symptoms before the employee starts back at work.
• If the employee becomes sick during the day, they should be sent home immediately.
• Increase the air exchange in the building.
• Increase the cleaning of commonly touched surfaces.
• Test the use of face masks to ensure they don't interfere with workflow.

April 8, 2020

Congress Passes $350 Billion in Small Business Loans

Starting Friday, April 3, small businesses can apply for the nearly $350 billion in loans available through the economic rescue plan from Congress.

The loan program, known as the Paycheck Protection Program, is intended to support businesses so they can ride out the tough economic times and, most importantly, assist with either keeping current workers or rehire those who were laid off.

It's sorely needed salve for all sorts of small establishments nationwide. Half of small businesses have less than 27 days' worth of financial cushion, according to one 2016 report, and many have already suffered weeks of low or no income.

The Wisconsin Bankers Association has put together 11 tips on SBA funding. 

1.       Please have patience! Financial Institutions are experiencing the same slowdowns with SBA as your members. This is a common theme for     each item. 
  See: https://www.wisbank.com/press-releases/2020/04/wisconsin-bankers-advise-patience-as-the-paycheck-protection-program-launches/ 

2.       Here are 5 things businesses can do right now: https://www.wisbank.com/media/567165/5_business_tips_cares_act.pdf 

3.       Banks are helping businesses access funds. Here’s a list of SBA lenders: https://www.wisbank.com/articles/2020/03/wisconsin-sba-lenders/  -   OR Find a lender by zip for the PPP: https://www.sba.gov/paycheckprotection/find

  a.       Your financial institutions not on this list? Check with them as the list is changing constantly. 

4.       Businesses have many options for funding. How many different COVID-lending programs      are there? https://www.wisbank.com/articles/2020/03/covid-19-lending-options/ 

5.       What form do I fill out to apply for the Paycheck Protection Program (PPP)?  

  a.       Check with your financial institution first.   

  b.       SBA PPP Sample: https://www.sba.gov/document/sba-form--paycheck-protection-program-ppp-sample-application-form 

  c.       Treasury form: https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Application-3-30-2020-v3.pdf

6.       Two considerations if you have a member who’s going to use a real consultant to help them with the PPP: 

  a.       Make sure they know the rules. 

        b.       Check with your insurance companies in case the consultants don’t. 

7.       Beware of fake consultants. See this WBA press release: https://www.wisbank.com/press-releases/2020/03/paycheck-protection-program-beware-scammers-claiming-easy-access-to-money 

8.       How long will the money last? While $350 billion is a LOT of money, demand is greater than supply right now. Again, all the financial       institutions are just learning what the rules are!

9.       We’re doing our best to make the complex look simple: the difference between the PPP and the SBA Disaster Recovery Loan  (EIDL) https://www.wisbank.com/articles/2020/04/differences-between-ppp-and-eidl/ 

10.    There is one official website for SBA:  https://www.sba.gov/  and one for Treasury: https://home.treasury.gov/policy-issues/top-priorities/cares-act/assistance-for-small-businesses

11.    The credit unions and banks are on the same page and issued this release a couple hours ago (just before the guidance was released at 6 pm):

A joint statement to the small business community:

On behalf of Wisconsin’s community banks and credit unions, we want to assure Wisconsin small businesses we are eager to be your partner in weathering financial challenges brought upon by this unprecedented pandemic. 

In addition to guidance and instruction provided specific to small businesses, brief guidance on the Payroll Protection Program was provided to financial institutions earlier this week.  The guidance left us with unresolved questions and concerns, for which our industries are proactively seeking answers. 

As we wait and then process the more comprehensive guidance, expected in the coming hours or days, we ask for your patience.  Our institutions are working tirelessly to effectively and efficiently process your Payroll Protection loan applications as soon as possible, and to moreover find financial security during these challenging times. 

For guidance on how to apply visit https://home.treasury.gov/policy-issues/top-priorities/cares-act/assistance-for-small-businesses.

April 7, 2020

New OSHA Guidance on Respirators

Due to the limited supply of N95 respirators to combat the COVID-19 pandemic, OSHA has released interim guidance related to employer’s use of N95 respirators, other alternative classes of respirators, and extended use or reuse of N95s under specified conditions. Employers are directed to reassess engineering controls, work practices, and administrative controls to identify opportunities to decrease the need for N95 respirators. This guidance is intended to be time-limited to the current public health crisis. For complete information on enforcement guidance read OSHA’s Enforcement Guidance for Respiratory Protection.

April 6, 2020

Recommendation Regarding the Use of Cloth Face Coverings, Especially in Areas of Significant Community-Based Transmission

CDC continues to study the spread and effects of the novel coronavirus across the United States.  We now know from recent studies that a significant portion of individuals with coronavirus lack symptoms (“asymptomatic”) and that even those who eventually develop symptoms (“pre-symptomatic”) can transmit the virus to others before showing symptoms.  This means that the virus can spread between people interacting in close proximity—for example, speaking, coughing, or sneezing—even if those people are not exhibiting symptoms.  In light of this new evidence, CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) especially in areas of significant community-based transmission.

It is critical to emphasize that maintaining 6-feet social distancing remains important to slowing the spread of the virus.  CDC is additionally advising the use of simple cloth face coverings to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others.  Cloth face coverings fashioned from household items or made at home from common materials at low cost can be used as an additional, voluntary public health measure.

The cloth face coverings recommended are not surgical masks or N-95 respirators.  Those are critical supplies that must continue to be reserved for healthcare workers and other medical first responders, as recommended by current CDC guidance.

This recommendation complements and does not replace the President’s Coronavirus Guidelines for America, 30 Days to Slow the Spreadexternal icon, which remains the cornerstone of our national effort to slow the spread of the coronavirus.  CDC will make additional recommendations as the evidence regarding appropriate public health measures continues to develop.

April 3, 2020

WisDOT E-Ticket Submittal

WisDOT E-Ticket Submittal Option: The department will temporarily allow the electronic submittal of load tickets on construction projects. The department is not requiring submittal of electronic copies, but the engineer and contractor are allowed to agree to use electronic methods of submittal, rather than printed paper. The electronic format can be agreed to by the engineer and contractor (PDF, photo, etc.) All of the existing contractual requirements related to tickets still remain (timing of submittal, information on ticket, etc.) Here is a list of best practices, regardless of the ticket format:

1. Contractor notifies the engineer/inspector with a list of the trucks that will be hauling to the projects each day for each material. If a truck is removed from the project, the contractor notifies the inspector immediately and the inspector documents the removal time of the truck.
2. Inspector performs periodic checks of trucks hauling to the project throughout the day and periodically documents the truck descriptions and the arrival times to the site.
3. Per the standard specs, the contractor submits tickets at the required time. For electronic copies, the format can be agreed upon by the contractor and engineer (PDF, photo, etc.)
4. Upon submittal of the tickets, the inspector compares the tickets to their periodic check-in documentation to verify the ticketed material was incorporated into the project.
5. Inspectors continue to perform daily yield checks during the placement of materials to verify the ticketed quantities.

The contractual requirements for tickets from the 2020 Standard Specifications remain in effect, regardless of printed paper or electronic copies. Please contact WAPA or WisDOT directly if you have any questions or need any additional information.

Highway Technician Certification Program: HTCP classes are canceled for the rest of the 2020 season. A one-year extension will be granted to a technician that already has a valid certification and will be refunded the registration in full. New technicians to the program and their company is to leverage the ACT program with various caveats. Refunds will also take place. HTCP will look to add earlier classes for the 2021 season to account for more opportunities.

Flagger Certification: WisDOT is delaying the enforcement of a contract requirement that all flaggers be certified. If the contractor does not have an adequate number of certified flaggers available, the contractor can request a change order to avoid delaying contract work.

Commercial Drivers Licenses: WisDOT will allow Commercial Drivers Licenses that expire during the public health emergency will automatically be extended by 60 days and will not be subject to late fees. The driver record, visible to law enforcement, will show an extension and that the driver license is valid.

March 26, 2020

MSHA Issues Written Guidance During COVID-19

The Mine Safety and Health Administration’s (MSHA) mission is to protect the safety and health of the nation’s miners. As long as miners continue to work at a mine, MSHA will continue to perform its statutorily-required essential functions within the parameters of the President’s and Department’s guidance, as well as that of the Centers for Disease Control and Prevention (CDC).

MSHA has received a high volume of questions regarding the Coronavirus/COVID-19 and both mine operator actions and MSHA actions in response. This information sheet provides practices for operators and miners to minimize the spread of Coronavirus/COVID-19 and actions MSHA is taking to do the same.

What should mine operators and miners do?

• Avoid close contact: Put distance between yourself and other people (about 6 feet). This includes not crowding personnel carriers, hoists and elevators, or other means of transportation at the mine.
• Clean and disinfect: Wipe down equipment and other frequently touched surfaces.
• Wash hands: If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol. Cover all surfaces of your hands and rub them together until they feel dry. Avoid touching your face, nose, eyes, etc.
• Stay at home if you are sick.

See additional guidance on the CDC’s Prevention page https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html

What actions is MSHA taking?

• MSHA is abiding by the President’s Coronavirus Guidelines for America, which are based on the CDC Interim Guidance for Risk Assessment and Public Health Management of Persons with Potential Coronavirus Disease 2019. 
• MSHA will continue to perform its essential functions, including mandatory inspections, serious accident investigations, and investigations of hazard complaints (imminent danger or serious in nature). 
• For the pendency of the President’s national emergency declaration, MSHA has suspended Educational Field and Small Mine Services visits, as well as special safety and fatality initiatives that normally would gather groups of miners on-site to discuss powered haulage, electrocution, and contractor safety.
• To the extent feasible, inspectors are maintaining distance from miners while performing inspections.  
• The Mine Safety and Health Administration will work with mine operators when it comes to the following recertifications:
  • Annual refresher training certification (30 CFR Part 46)
  • Surface and underground annual refresher training certification (30 CFR Part 48)
  • Certified person; sampling (30 CFR §§ 70/71/90.202)
  • Certified person; maintenance and calibration (30 CFR §§ 70/71/90.203)

  Exemptions to recertifications will not be granted; however, their due dates will be extended by at least the time the government is operating under the President’s emergency declaration.

  Please note: This exception does not apply to new miner training. New miners must be trained before beginning work. Once the Emergency Declaration is lifted, mine operators should work with their respective district offices to ensure that all certifications are conducted in a timely manner.

• MSHA supports operators’ efforts to minimize the spread of the Coronavirus/COVID-19, including screenings or questionnaires, and will encourage our inspectors to participate on a voluntary basis. 
• MSHA is following all protocols for identifying MSHA inspectors or other employees exhibiting symptoms or who have had potential exposure, asking them to quarantine at home, and cleaning the relevant offices following CDC guidelines.
• MSHA recognizes that some mining operations are not running at full capacity and have limited crews working.  If a mine operator alerts MSHA to changes in production at a site, MSHA will, to the extent possible, limit the number of inspectors sent to that mine for a regular inspection proportional with the mine’s continuing operations.

If you have questions regarding MSHA requirements, including reporting, certifications, or plan submissions, or updates on the status of your operations and staff on-site, please contact the appropriate MSHA District Office (https://www.msha.gov/about/program-areas/metal-and-nonmetal-mine-safety-and-health; https://www.msha.gov/about/program-areas/coal-mine-safety-and-health).

Many state and local governments have issued emergency orders imposing closure and shelter-in-place restrictions for citizens and businesses. MSHA does not have jurisdiction to enforce or implement these emergency orders. If you have concerns regarding state and local emergency orders or compliance with those emergency orders, please contact the appropriate state or local government office. 

To access the Department of Labor’s coronavirus resources page, click here.

March 25, 2020
CDC Issues Guidance on Cleaning & Disinfecting Your Facility

The Centers for Disease Control & Prevention (CDC) has issued guidance on how to best clean and disinfect your facility for your employees. To review a copy of their recommendations, please click here.

March 24, 2020

Construction Industry United Behind Health, Safety and Community Support

The Wisconsin construction industry is committed to the health, safety and welfare of our workforce and the public. Our respective organizations represent labor and management in the Wisconsin construction industry. We are continuing to support Governor Evers, legislative leaders and state agencies with their efforts to protect the health and well-being of the citizens of the State of Wisconsin.

Per the Governor’s latest order, we will continue to safely and efficiently provide essential services in the state, while educating employers and employees on best practices to conduct operations safely in accordance with DHS and CDC guidelines. Our industry has already taken great precautions in accordance with the CDC and OSHA, taking into account construction sites are unique workplaces with built-in social distancing that already require rigorous safety protocols.

Governor Evers’ order to exempt construction is consistent with other states that have issued “shelter at home” or “stay at home” orders. Work being done on roads and bridges, in hospitals, and other public works that are critical to operate efficiently and effectively during this pandemic must continue.  Even commercial building construction and multi-family housing sites could become a long-term risk to overall health and safety if left unfinished.

We understand these decisions are not made casually and we thank Governor Evers for his thoughtful and steady leadership in these difficult times. The decisions made by Governor Evers are not solely driven by the loss of jobs and tax-income in construction in the state, but also to avoid additional hazards and disruption to our neighbors already impacted by this public health emergency. We appreciate his well-reasoned approach.

It is impossible to overstate the profound effect that COVID-19 has on us all. With this comes uncertainty among many industries. Our groups represent over 40,000 members of the Wisconsin building trades and thousands of businesses that are literally building Wisconsin. We understand the importance of balancing public health with the need to address critical infrastructure projects. We do not take our roles lightly and are keeping the power on, commerce moving, hospitals working, public works operational and construction projects safe.

March 23, 2020

Wisconsin Governor Orders Nonessential Businesses To Close Statewide

Gov. Tony Evers has ordered all nonessential businesses to close down Tuesday, in the latest effort to clamp down on nonessential travel and limit exposure to COVID-19 coronavirus, which has killed four people in the state. Evers announced the “safer-at-home” order Monday, which he plans to sign Tuesday. Evers noted the order is not a lockdown, but rather an attempt to limit unnecessary trips.

The construction industry remains exempt and specific language refers to “essential infrastructure” including roads, highways, and oil refining. It’s also stated that “Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.”

When the policy passes, Wisconsin will join other states including California, Ohio and Illinois, which have passed similar orders — also referred to as “stay-at-home” or “shelter-in-place” directives, due to the respiratory disease which has infected nearly 400 people across Wisconsin.

Evers said the order, which strongly urges residents to stay home unless absolutely necessary, “isn’t something I thought we’d have to do, and it’s not something I take lightly. But here’s the bottom line: folks need to start taking this seriously.”

View the press release here.

March 21, 2020

DHS Exempts Construction From Ban

In Emergency Order 8, the Department of Health Services (DHS) outlined the types of entities that are exempt from the ban on mass gatherings and should maintain their usual work schedules to aid the state’s response to the coronavirus outbreak. The list identified workers that are essential to critical infrastructure viability which included construction sites and projects, including public works. 

March 19, 2020

WisDOT Public Construction Meetings are on Hold

​Effective immediately, the Wisconsin Department of Transportation (WisDOT) is temporarily suspending all public involvement meetings and open houses for design and construction projects.

This decision follows the public health directive to avoid meetings of 10 or more people as a precaution against the spread of Covid-19.

WisDOT public meetings will be rescheduled as soon as possible. Additionally, WisDOT is reviewing options for alternative meeting formats. Projects will continue to rely on public input to take shape and move forward.

For more information, contact:

WisDOT Office of Public Affairs
(608) 266-3581, opa.exec@dot.wi.gov