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The Associated General Contractors of MA (AGC MA) has received a substantial number of inquiries regarding the upcoming ending of the statewide mask mandate.  Construction employers are facing the difficult question of balancing the elimination of mask mandates with issues of liability. For instance, employers are trying to decide if they will continue to require masks, require proof of vaccination, and/or allow employees to work as they choose. On May 29, 2021 the Commonwealth’s face-covering order will officially be rescinded. The MA Department of Public Health will now only require masks indoors for unvaccinated residents or in certain situations including but not limited to:

  • On Public and Private transportation
  • Inside K-12 Schools
  • In Health Care Facilities and Offices
  • In Congregate Care Settings
 
After discussion with many of our members, we believe the consensus in the industry is that on June 1st, most construction employers will allow vaccinated workers to work without masks unless required by the state mandate for work in certain facilities or if individual owners request workers be masked. By modifying their established self-certification process, most employers will ask those on site or in the office to document that they are vaccinated without requiring any proof of vaccination. Some employers will offer to maintain vaccination cards as part of a separate and confidential employee record if voluntarily submitted to the office or HR. If an employee says they are not vaccinated or declines to respond to the question, then they will be expected to continue wearing a mask and could be subject to discipline if they are caught without one. In addition, jobsite quarantine and sanitization procedures will remain in place in the event a COVID case emerges.  
 
AGC MA knows this is not a one-size-fits-all issue, but simply wants to keep our members informed and we offer this advice only for informational purposes. All employers including subcontractors may set their own workplace policies for their direct employees and require compliance with those policies. We would also like to inform our members that the rapid change of pace regarding vaccinations and mask mandates have led to multiple delays in an expected announcement of COVID protocols from OSHA. If and when that order is made, AGC MA will be sure to update our members. If you have any questions regarding COVID employment policies, please contact Donna Scally at scally@agcmass.org, or for safety issues, please contact Chris Ziegler at Ziegler@agcmass.org.
 
Thank you,

John S. Ferrante
Chief Executive Officer