When COVID Meets Construction

The Right to Privacy

The Health Insurance Portability and Accountability Act (HIPAA) privacy regulations do not apply to most employers. Even where such information might be subject to HIPAA, it does allow disclosure in emergencies —such as the COVID-19 emergency—to public health officials.

The Americans with Disabilities Act requires that you keep all medical information confidential, including information related to symptoms of COVID-19 or a diagnosis of COVID-19. This includes all test results, temperature screening logs, questionnaires and other medical information being solicited from employees. One should ensure employees understand that such information must and will be kept confidential and that only people with a “need-to-know” will have access to the medical information.

In addition to limiting the people with access, it is recommended to collect the minimum amount of information necessary.

Contractors keep jobsites safe for workers

BY PRISCILLA PÉREZ BILLIG

You’re lucky to be an essential employee, allowed to work at your construction job during a global pandemic that has wreaked economic havoc among most households. But over a matter of days you begin to cough, feel a shortness of breath, notice difficulty breathing, feel feverish, chills, muscle pain, headache, sore throat and loss of taste or smell.

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We maintain a large, local inventory to assure our customers • BOILERS/ BURNERS have the parts and service when they need it! • PUMPS

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680 Kakoi Street, Honolulu HI 96819 Office: (808) 839-3002 • Fax: (808) 833-8137 www.starrcohawaii.com • sales@starrcohawaii.com

Self-reporting of COVID-19 sympA New Jobsite COVID-killer? toms, identified by Centers for Disease BY BRETT ALEXANDER-ESTES Control and Prevention guidance, may Recent news that an Oahu construction feel like a self-inflicting wound, but as the illness intensifies it will not go unnoticed for long. Companies have the right to test employees for the coronavirus. The Associated General Contractors of America (AGC) encourages all worker tested positive for COVID-19 while wearing a mask at all times shows just how sneaky this virus can be. It’s not known if the worker was infected on the job. Construction job sites, which are typically open to the air and place workers at contractors to have a COVID-19 a distance, don’t give the virus much opportuWilliam P. Bahnfleth Exposure Control Plan & Policy. One nity to spread. precaution that has spurred a national “Until (a job site) is enclosed, there’s nothing really to worry polarized debate is the wearing of face about,” says William P. Bahnfleth, professor of architectural masks in public. engineering at Pennsylvania State University. “When it is, then

“As far as masks go … if you there’s some possibility of concentrating infectious aerosols”— develop the virus you’re not going to tiny airborne particles that travel more than six feet when people be able to work and you’re not going breathe or talk. The virus is also infectious for a few days when it to be able to feed lands on surfaces like tools and tablets and gearshifts. your families,” says Bahnfleth is testing the power of UV-C light to kill the coronaviJeff Forbes, regional rus in the air and on surfaces. director, The Beck UV-C light, part of the ultraviolet light spectrum like UV-A and Group and an UV-B rays, has been used for more than a century to kill other AGC member. “I think as leaders we really need to set the example and wear masks when we are outside of our offices, when we’re on the jobsites. That really sets it Jeff Forbes viruses and bacteria in hospital settings and, more recently, in water purification facilities. Bahnfleth says coronaviruses (like the common cold) have “good susceptibility” to 254 nanometers of UV-C. “We are currently doing testing with a surrogate—a human coronavirus other than SARS-CoV-2 (the COVID-19 virus)—and will be moving to testing into motion with everyone seeing what with SARS-CoV-2 when our preliminary studies are done,” he says. you’re doing.” New York City’s subway authority is already using pulsed bursts

According to of UV-C light to kill the coronavirus in subway cars. Major hotel attorney Scott chains like Hilton and Marriott are also reportedly considering I. Batterman, a using UV-C light to disinfect hotel guest rooms and common areas. partner with Clay Currently, UV-C disinfection devices include special lamps, Chapman Iwamura mobile robots and wands. Mobile robots, which disinfect an Pulice & Nervell, enclosed area in about half an hour, can cost up to $10,000. the company should explain to its employee: Scott I. Batterman • the screening process being used; 100.4ºF); • result of a positive screening (i.e., • any benchmarks for passing the • how you will protect employee being sent home from the workplace). screenings (i.e., temperature below privacy; It is crucial that the person administering the screening is properly trained and that they obtain appropriate

We Speak Construction acknowledgments from employees. Batterman adds that companies may use questionnaires that ask if the With many years of active experience running a Hawaii company and a background in everything from employee accountability employee has symptoms related to COVID-19, whether they have come into contact with anyone who tested positive for the coronavirus, has sympto leadership and profit margin strategy, we toms or who has traveled to a known really understand your needs. COVID-19 hotspot. Questionnaires Call us, we can help. should be brief and designed to elicit only “yes” or “no” responses, with a

Garret J. Sullivan President 37 years of hands-on industry experience “yes” response triggering follow-up questions. “Any individual who ‘fails’ a screen808.478.2564 | GSullivan@SullivanHI.com | www.SullivanHI.com ing procedure (whether prior to entry

Full face powered air purifying respirator

Full face negative pressure air purifying respirator with P100 filters

Half face negative pressure air purifying respirator with P100 filters N95 filtering facepiece respirator

NIOSH-approved respirators recommended for construction workers. PHOTO COURTESY NABTU AND CPWR

or by exhibiting symptoms during the workday) should be discreetly directed to an isolated, private area for further inquiry by designated personnel,” Batterman says. “This step requires an ‘isolation plan,’ complete with a physical location for the isolated individual to wait that is an isolation room, transportation options and PPE to issue to the infected individual.

“Questioning of employees could extend further under certain circumstances, particularly where you anticipate you may need to issue a communication to other employees.”