Can a Hall Pass Allow Your Construction Team to Continue to Travel and Work During a Lockdown
Hello everybody this. Is Alex Barthet with the Lean Zone DOT com today? We're talking to just entirely one of the lawyers in my office. How you doing today? Justin Mbelwa good good. You look like you're working from home in your Home Office. Everyone safe and sound. Everyone's safe and sal or all hunker down here waiting waiting this thing out goodwill today we're GonNa talk about the various orders that have been issued specifically in south Florida but they are happening all across the country That are placing various parts of the community in lockdown and how it affects construction specifically how a hall pass may be able to allow your construction workers to keep people working so. Why don't you start Justin by telling us about the two orders that you've looked at most recently? Which is the order in? Dade in the order in Broward and and and what they say and how they apply to construction as so March Nineteenth Miami Dade County issued their first major emergency order which essentially designated essential and non essential businesses and for the sake of the order of the non essential businesses were forced to close down their doors while essential businesses including instruction were allowed to proceed with with our operations albeit with restrictions. In place. Obviously social visiting is a big one. Where all these construction workers really Supposed to respect that six foot boundary to hand. Hold the virus in and keep this thing from continuing to spread but even though even though you're allowed as construction to continue to work you still have to comply with all of the CDC guidelines and the other guidelines set forth in the in the orders correct. Yeah that's right still. You're going to want no more than ten ten people at a time groups of ten being in contact with one another And that kind of comes into play watt with the when there's a lunch break generally everyone's eating together the CDC Says No. We don't want that sort of things happening anymore especially construction sites right. What we're finding with. Some of our clients is that some of their jobs are not allowed to continue because the job itself has an issue with confined spaces not confined spaces as Osha. Defines IT But more of the idea that you cannot have the necessary number of people in the area and still have social distancing right. Yeah that's right you know. There's going to be just some some jobs out there where the inherent nature of the work is not going to allow you to continue on a if you're if you're practicing social business is there any significant distinction that you've been able to identify between the date and Broward orders as to construction or for the most part. They're pretty much the same. They're pretty much the same this at least from what I've seen so far goes throughout south. Florida and four in general is construction is going to be considered an essential business entity and those companies are going to be allowed to to continue on but with practicing social distancing so with Broward and Miami's order. They're not too far apart there. Some of the exact same language is actually included pertaining to construction being essential. So nothing stops. The county's right from modifying the orders the order so while construction is permitted today. That doesn't mean that tomorrow. That could change right. Yeah that's right Both orders reflect that Any time The mayor's can can change these orders to reflect new guidelines or new mandates that could potentially cause down a construction site that we haven't seen that yet so tell us about the hall pass We've had some clients ask for it. We put it together And you wrote some articles about it with a sample letter in a sample wallet. Karn right why don't you tell us about what those are? And how they're intended to work it will as we mentioned earlier. Essential businesses which includes construction are allowed to continue on however authorities police in some areas of already started setting up a police checkpoints in Monroe County. They've already started. The checkpoints and police officers are going to be manning these checkpoints and looking at the credentials of travelers who ensure either one that the traveler lives in that county or two that. They're a serving some sort of essential business function like construction so one of the things that we are providing for clients. Are these essential business letters. That pretty much will tell employees. I'm sorry authorities that the employees that's holding the business letter or card is an essential employees that they're allowed to travel to and from their their job and essentially should be let through these checkpoints. So there's no misunderstanding. These guys can't work can't perform on a project. So yeah these are. These essential business letters are intended to allow the police do their job but also allow our clients to continue working on their projects without disruption right. You know that being said if you run into a stubborn officer who refuses you know? Probably not worth getting arrested over And in many instances I believe that the police are supposed to give a fine not. It's it's not a criminal penalty. It's a civil penalty at this point but in a place like Monroe county where there's really one way in one way out. I guess they could just say no. I'm not letting you in and you'll have to deal with it right. That's right and and county authorities have advised if you do run into stubborn officer. That just doesn't want to let you get through. Nothing's probably going to help you out in terms of arguing with the officer. He's probably just follow the directions and call your employer. Let them know what's happened. And another thing that the authorities advises that on these essential business letters is that you really want to have a twenty four hour number. That's at least monitor to some degree. So you get this instance where you have to leave. So let's get your police in trouble that the police officer can call that number and just confirmed that this person is who they say they are right. Yeah Great Great. Tip there for those listening on in the show notes. What I'll do is we'll go ahead and put a link to your article which has the sample letter and Wallet Card The other thing out include is a link from another a law firm national law firm who has compiled all of the orders enclosures in many states and cities. Which is a great resource and they seem to be keeping it updated. It's a a good way to find out. If in your jurisdiction things may be changing. But they can also Just go right to the city or county website right Justin. Yeah generally you know just quickly going on a website that'll be. The first thing they see is Kobe. Nineteen update on on what that specific building department. Skilling perfect will justin. Thanks for taking the time. I hope you stay safe. And don't have cabin fever too much. You at least have a little backyard or air. You can walk around and right. Yes yes they because down the parks but I can still go in my backyard. So that's still illegal so the trade to get some Sun You know you need that Vitamin D. That's right that's right. Angst Johnson. Talk to you.