By Joseph R. Haftek, Jr.

On May 13, 2020, Governor Murphy issued Executive Order No. 142 (“EO 142”) permitting non-essential construction to resume (https://nj.gov/infobank/eo/056murphy/pdf/EO-142.pdf). EO 142 supersedes Governor Murphy’s April 8, 2020 Executive Order No. 122 (“EO 122”), which halted all but essential construction.  Like EO 122, EO 142 imposes specific safety requirements in order for non-essential construction to resume.  EO 142 also contains additional mitigation requirements for all non-essential retail businesses and other forms of social gatherings.  Schenck Price has prepared a separate Legal Alert to address those issues.

Paragraph 1 of EO 142 permits non-essential construction projects to resume as of 6:00 a.m. on May 18, 2020.  Paragraph 2 of EO 142 contains specific safety requirements for resuming work on non-essential projects, inclusive of many of the requirements of EO 122 outlined in our prior alert (https://www.spsk.com/nj-executive-order-122-stops-nonessential-construction). Further, EO 142  adds requirements for all essential and non-essential construction sites. Prominent among those requirements are:

• The prohibition of non-essential visitors to project sites;
• Proper social distancing when picking up or delivering equipment/materials;
• The requirement that Employees and essential visitors to sites must, at a minimum, wear a cloth face mask and gloves provided at the employers’ expense. 
• Any visitors refusing to wear a face covering for non-medical reasons are not permitted entry to non-essential sites;
• Provision of portable washing stations with soap and/or alcohol-based hand sanitizers with greater than 60% ethanol or 70% isopropanol;
• Sanitizing and social distancing in occupied residences; and,
• Signage at all entrances detailing all site safety requirements.

While  these requirements are extensive and costly, they have been deemed necessary as New Jersey attempts to reactivate its work force and construction projects.  Under EO 142, just as with EO 122, each violation is a disorderly person offense punishable by up to six (6) months in jail and/or a $1,000.00 fine.

Schenck Price continues to monitor legislative and executive developments at the federal, state, and local level, and will provide updates on enactments and orders as they occur.  If you have any questions about the laws referenced in this Alert, please contact the author Joseph R. Haftek, Jr. at jrh@spsk.com.