Massachusetts Issues New Guidance on “Essential” “Construction-Related Activities” — Appears More Narrow
On March 31, 2020, Massachusetts Governor Baker replaced its prior list of “Essential Services” with a new list available online.
Missing from the new listing of “Essential Services” was the prior bullet point that stated construction workers who support the construction of projects was essential. That language from the March 23, 2020 Order is below:
While construction is mentioned a number of times as supporting other essential services, a new section titled “Construction-Related Activities” was added. This appears to be more narrow than the bullet-point above in that it refers to specific industries as opposed to a blanket “construction project.” The new section is below.
While guidance/explanation is not currently available as to the scope of this change from the Governor, the new policy of “Essential Services” appears to be more narrow than the Exhibit A list of “Essential Services” issued on March 23, 2020. Those industries that fall