Dallas County Construction: Navigating Essential Business Status Amidst New COVID-19 Safety Protocols

The residential construction sector in Dallas County has been officially designated an essential business, a crucial classification that allows vital building projects to continue even under shelter-in-place orders. This recognition underscores the industry’s significant role in the local economy and its contribution to housing needs. However, this essential status comes with significant responsibilities. Builders are now mandated to implement stringent measures to mitigate the spread of COVID-19, safeguarding the health and well-being of their crews, subcontractors, and the wider community.

The initial declaration by Dallas County Judge Clay Jenkins has since seen amendments, specifically outlining a series of protective protocols that builders must strictly adhere to for continued operation. These mandates, detailed in the updated county order (available for review on page 11 here), introduce several new requirements. Among the most notable is the compulsory temperature screening for all workers, administered both upon their arrival at the job site and before they depart for home. While the intent behind these measures is unequivocally to protect public health, their practical implementation has sparked considerable discussion and concern within the industry.

Industry Voices: Addressing Implementation Challenges and Seeking Clarity

Phil Crone, the esteemed executive officer of the Dallas Builders Association (DBA), has emerged as a prominent voice articulating the challenges faced by local builders. Crone emphasizes that worker safety remains the paramount concern on any construction site, a priority that is amplified exponentially during a global health crisis like COVID-19. “Keeping workers safe must be the utmost priority of any jobsite. This is especially the case during the COVID-19 crisis,” Crone stated, reflecting the industry’s commitment to responsible practices.

However, the specific nature of the Dallas County order, particularly the mandatory temperature checks, presents a significant divergence from what many industry leaders, including Crone, believe to be the most effective and widely adopted safety standards. Crone expressed a preference for the guidelines established by the Construction Industry Safety Coalition (CISC), which is recognized as a leading authority on health and safety within the construction sector. “I had hoped Dallas County would have simply stuck to the guidelines that were developed by the Construction Industry Safety Coalition (CISC), which is the leading organization and health authority on this issue. Their guidance can and should be followed by all prudent operators,” Crone elaborated, highlighting the perceived efficacy and accessibility of CISC recommendations.

The Problematic Nature of Mandatory Temperature Checks

The directive for mandatory temperature checks, according to Crone, falls outside the realm of CISC guidelines and introduces several layers of logistical and ethical concerns for builders. A primary issue is the widespread scarcity of appropriate temperature-taking equipment. In a global health crisis where medical supplies are stretched thin, diverting thermometers and other screening tools to construction sites potentially siphons resources away from healthcare professionals who need them most critically. “Our concern with the Dallas County order is the temperature taking guidelines. Many operators cannot locate this equipment. Even if they do, they are taking them from medical professionals who need them right now,” Crone pointed out, stressing the broader public health implications.

Beyond the issue of equipment availability, there’s also the question of practicality and fairness. Crone argues that proven strategies such as rigorous social distancing and comprehensive sanitization protocols are the most effective means to curb the virus’s transmission. These methods are not only backed by scientific consensus but are also more readily implementable by a broader spectrum of construction operators, regardless of their financial capacity. “Social distancing and sanitization is the only proven strategy to stop the spread. Again, we need standards that are effective and that any prudent operator can abide by, not just the wealthiest of the construction community,” he asserted, advocating for equitable and actionable safety standards.

Seeking Clarity: Defining “Elective” Projects and Maintenance

Another area of contention and confusion within the Dallas County order centers on the terminology used to define permissible work. Crone also raised concerns about the ambiguity surrounding what constitutes “elective addition or maintenance.” This lack of clear definition has left many builders and contractors uncertain about the status of ongoing projects that might fall under these categories. “We are also confused as to what is an elective addition or maintenance,” Crone added. “Does this apply to ongoing projects of that nature? If so, can they continue until the project is at a safe stage or to a stage where residents can live there?”

The implications of this ambiguity are substantial. Pausing projects mid-way due to unclear directives can lead to significant financial losses for businesses, potential housing delays for residents, and even safety hazards on unfinished sites. While the industry largely agrees that initiating new, non-essential, or truly elective projects that can easily be postponed is inappropriate during this time, clarity is paramount for existing work. Ensuring that projects can reach a safe and habitable stage before any forced cessation is crucial for both builders and the homeowners they serve.

The Cornerstone of Responsible Construction: Adherence to CISC Guidelines

The Construction Industry Safety Coalition (CISC) guidelines represent a comprehensive framework for maintaining safety on construction sites, especially pertinent during health emergencies. These guidelines typically emphasize proactive measures designed to prevent illness transmission, protect workers, and ensure the continuity of essential work. Key components often include:

• Enhanced Hygiene Protocols: Implementing readily available handwashing stations or hand sanitizers, regular cleaning and disinfection of tools, equipment, and shared surfaces, and promoting respiratory etiquette.
• Strict Social Distancing: Reconfiguring job sites to maintain at least six feet of distance between workers, staggering shifts, limiting group meetings, and utilizing virtual communication where possible.
• Personal Protective Equipment (PPE): Ensuring workers have access to and correctly use appropriate PPE, and providing training on its proper application and disposal.
• Worker Screening and Monitoring: Encouraging self-monitoring for symptoms, establishing clear protocols for reporting illness, and restricting access to sick individuals. While CISC advises against mandatory temperature checks, it emphasizes self-reporting and prompt action for symptomatic workers.
• Site Management and Communication: Posting clear signage regarding safety protocols, designating a site safety officer to enforce guidelines, and maintaining open lines of communication with all personnel.

The Dallas Builders Association and Phil Crone advocate for these guidelines because they are evidence-based, developed by industry experts, and designed to be practical across a diverse range of construction operations. Their widespread adoption would ensure a consistent, effective, and fair approach to safety that protects all workers without imposing undue burdens or diverting critical medical resources.

Upholding Industry Integrity and Public Trust

Despite the specific concerns raised, the Dallas Builders Association and its members remain steadfast in their commitment to operating with the highest levels of integrity and responsibility. Phil Crone made it unequivocally clear that there is no tolerance for builders who disregard safety protocols. “We also agree that operators who do not show a bona fide commitment to social distancing, sanitization, and protecting workers in a manner consistent with the CISC guidelines should be shut down,” he affirmed. This strong stance reflects the industry’s dedication to self-regulation and its understanding of the critical role it plays in public health during these challenging times.

The message from the DBA is unambiguous: taking safety seriously is not optional. It is an imperative for every builder, every subcontractor, and every worker on a construction site. The long-term reputation of the industry, the health of its workforce, and the trust of the community depend on strict adherence to effective safety measures. As Dallas County and the nation continue to navigate the complexities of the COVID-19 pandemic, a collaborative approach that combines essential business continuity with robust, equitable, and implementable safety protocols remains the ultimate goal.

By fostering open dialogue and working towards a consensus on practical guidelines, the construction industry can continue to deliver vital services while ensuring the health and safety of everyone involved. The ongoing conversation between local authorities and industry associations like the Dallas Builders Association is crucial in refining these protocols, ensuring they are not only effective in theory but also feasible and fair in practice, ultimately benefiting both the economy and public health.