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May 11, 2020

FROM: Steven Davi

Steven N. Davi

Executive Director and General Counsel

New York Forward Reopening Guide

Further to this morning’s bulletin, we are informed by Lou Coletti, President & CEO of the Building Trades Employers Association, and a member of the governor's New York Forward Re-Opening Advisory Board (“Advisory Board”), that New York City will not be included among the handful of regions the governor will permit to reopen on a phased, incremental basis on or about May 15.  The outlook for reopening the New York City region will be re-evaluated in or around late May based on NYC’s progress in satisfying the seven criteria for health care capacity and testing set forth in this morning’s bulletin. 

Mr. Coletti also provided the following particulars regarding how the reopening of the New York City region is expected to proceed once the seven criteria are met. 

First, the reopening will not be limited to only certain projects; rather, all construction projects will be eligible to reopen.   

Second, each construction project will be required to apply and/or register to reopen through a website that is now under construction at the Empire State Development Corporation (“ESD”).  It is unclear whether it will be the owner or the contractor that will be required to apply and/or register projects through the ESD website. 

 Third, all registrants will have to affirm they have read and understand, agree to comply with, and have specific plans in place to fulfil the COVID-19-related protocols the state is in the process of putting together, including temperature checks as a recommended practice.  The state’s forthcoming protocols may be based on COVID-19 health and wellness protocols developed by BCTC/REBNY in consultation with the BTEA and other trade associations.

 Fourth, the state will also develop screening questions for employees to answer as a condition to entering the workplace, and recordkeeping guidelines for employers to follow.

 We will keep you abreast of continuing developments in this regard.

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