Function by function
Each of the ten functions of a construction or specialty trade employer was reached by orders in each of the six quarters, and for each the compelled modification is stated in the orders' own terms: closure; headcount and square-footage caps; distancing; screening; written plans and designated officers; face coverings and the companion infection-prevention controls; appointment-only counters and affidavit inspections; remote meetings; exclusion and quarantine of workers; attestation, testing and vaccination as conditions of site access. The instruments for each function and quarter are listed in the footnotes.
JS, job sites
In the second quarter of 2020 the sites were closed in Pennsylvania, New Jersey, Michigan, Washington, Boston and New York City and confined to essential projects in New York, Vermont and the Bay Area, then reopened under headcount caps (Pennsylvania's four persons; Vermont's crews of two, five and ten), distancing (Washington's six feet), supervisors and screening (Michigan; the Bay Area's supervisor "at all times"), written plans (New York's Site Safety Plan; Boston's affidavit; Los Angeles's exposure-control plan) and dictated policies (New Jersey); in the third quarter of 2020 every site ran under those regimes, Virginia's ETS classified construction settings and the face-covering orders, airborne-transmission controls on every enclosed site, reached each of them; in the fourth quarter of 2020 MIOSHA's, Oregon OSHA's and Cal/OSHA's standards and New Jersey's Executive Order No. 192 bound every site in four States; in the first and second quarters of 2021 the standards continued and the site regimes ran to their stepped expiry between May 29 and June 30, 2021; in the third quarter of 2021 every California site operated under the readopted ETS, every Virginia, Oregon and Washington site under a workplace standard, every New Jersey site under Executive Order No. 192's requirements as carried by Executive Orders Nos. 242 and 243, every New York site under an adopted and then activated HERO plan, every enclosed site in the face-covering-order States and metros under those exposure-control requirements, every site inside a health-care facility under the Healthcare ETS and every covered federal project under Executive Order 14042.208 The operation of job sites was fully suspended for two to seven weeks in the shutdown markets in the second quarter of 2020 and partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because of the closure, limitation, cap, distancing, plan, screening, standard, face-covering, health-care and contractor orders named.
PM, permits, inspections and plan review
The permit and plan-review counters of Cleveland, Minneapolis, Louisville, Fairfax County, Jefferson Parish, Seminole County and Texas's recording and permitting offices closed, tolled or converted to drop-off, portal and affidavit operation in March 2020; the recorders of Cook, Maricopa, San Diego, Dallas, Tarrant, Mecklenburg and Montgomery Counties closed or limited their counters; Michigan's registers of deeds closed to May 7, 2020; Florida tolled permits under Fla. Stat. § 252.363; Los Angeles conditioned every permit on an exposure-control plan enforced by "withheld inspections or shutting down the construction site"; Anne Arundel County and Kansas City moved development and zoning meetings to remote form; the remote-notarization regimes on which lien waivers and closings depend ran through the second quarter of 2021 in most States and into the third in eight; and the face-covering orders of the third quarter of 2021, exposure-control requirements on every indoor public counter, governed every counter that had reopened.209 The operation of permitting, inspection and plan review was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because the counters, boards, recorders and inspectors through which it is performed were closed, converted, tolled or conditioned by order.
BD, bidding, site visits and meetings
Gathering caps of ten in Pennsylvania's construction guidance and New Jersey's site policies, the statewide gathering limits of every State in 2020 and the winter of 2020-21, the stay-at-home orders that confined every site visit, the telework mandates on owners, architects and agencies, the suspension of open-meetings requirements in Texas from March 16, 2020 to September 1, 2021, the remote-meeting orders of the counties and cities, the traveler quarantines of Vermont, Hawaii, Alaska, North Dakota and Kansas, and, in 2021, the federal owners' attestation and testing conditions from July 29, 2021, Nevada's meeting-room face-covering rule of August 4, 2021 (Directive 048's airborne-transmission control on "meeting rooms"), the HERO template's limit on "in-person meetings (including toolbox talks, pre-shift meeting, safety meetings)" and the face-covering orders of the metros, exposure-control requirements on every indoor pre-bid conference and owner meeting, reached this function.210 The operation of bidding, site visits and meetings was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because the meetings through which work is won and coordinated were capped, converted to remote form, confined by stay-at-home and quarantine orders and, in the third quarter of 2021, placed under airborne-transmission-control and attestation conditions by order.
SC, materials and supply
Pennsylvania's list marked sawmills, veneer and plywood plants, other wood product plants and lumber wholesalers "No" from March 19 to May 8, 2020 and after; Michigan closed the paint, flooring, garden and furniture departments of large retailers from April 9 to April 30, 2020 and closed manufacturing outside critical infrastructure to May 7 and 11, 2020; New York, New Jersey, Washington, California, Illinois, Ohio, Massachusetts, Indiana and Wisconsin closed or conditioned manufacturing in March 2020; the Defense Production Act orders and the scarce-materials designation and allocation rule governed respirators from March 18, 2020 to June 30, 2021, with the designation extended to November 15, 2021; the land-border restrictions ran from March 2020 through October 21, 2021; the Captain of the Port conditions the Coast Guard's bulletins announced reached every vessel and, from March 22, 2021, the federal face-covering requirement the Coast Guard enforced reached every port and cargo facility; the Federal Maritime Commission's orders governed the carriers; the price rules of Minnesota, New York, Colorado and Massachusetts bound every seller in the chain of distribution; and the Census Bureau found in July 2021 that 58.5 percent of construction small businesses reported domestic supplier delays, with the Federal Reserve recording the shortages of lumber, steel and building materials through September 2021.211 The operation of materials procurement was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because the plants, yards, borders, ports and distributors on which it depends were closed, allocated, conditioned or capped by order.
SB, subcontractors and trades
Every site order bound every trade on the site: Pennsylvania's cap was "inclusive of employees of both prime and sub contractors"; New Jersey's policies bound every business on a site; Michigan's screen reached "employees, contractors, suppliers, and any other individuals entering a worksite"; the Bay Area's supervisor requirement, New York's Site Safety Plan and Boston's affidavit bound each contractor; the standards of California, Virginia, Oregon, Washington and Michigan bound every employer on a multi-employer site; the HERO template reached "contractors or subcontractors ... at any individual work site"; Executive Order 14042 reached subcontractors "at any tier"; Mescalero admitted contractors only by approval and required a face covering of every contractor employee; and the licensing boards and examination vendors through which new contractors and journeymen enter the trades closed in March 2020, again in California in December 2020, and ran on waivers through September 2021.212 The operation of subcontracting and trade coordination was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because every trade on every site was bound by the same closure, cap, plan, screening and standard orders, because a trade stopped by order stopped the trades that follow it, and because the pipeline of licensed tradespeople was closed or conditioned by order.
OW, owners and agencies
The industry's private owners were closed, capped, re-closed and placed under face-covering requirements by the orders catalogued above and in the other industry analyses on this site in every quarter; its public owners suspended their own projects (the New York City Housing Authority's repairs and inspections; the Javits Center's expansion; the Port of Seattle's projects; McCormick Place's closure to July 2021); its federal owners operated under maximum telework in 2020, under Executive Order 13991 and a twenty-five percent occupancy cap from January 2021, under attestation or testing of every onsite contractor from July 29, 2021, and under Executive Order 14042's vaccination clause from September 9, 2021; its State-agency owners in Washington required contractor vaccination from August 9, 2021; its health-care owners operated under the Healthcare ETS and the vaccination orders from June 21 and July 26, 2021; and its school owners under the face-covering orders of the autumn of 2021, airborne-transmission controls on every school site a contractor entered.213 The operation of owner-facing work was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because the owners' premises were closed, capped or conditioned by order and because access to federal, State-agency, health-care and school premises was conditioned on attestation, testing or vaccination by order.
HR, hiring, licensing and training
The contractors' licensing boards of California and Nevada closed in March 2020 and California's again in December 2020; PSI and Prometric closed their test centers; Virginia and California ran credential and renewal waivers from March 2020 through September 2021; motor-vehicle offices closed or went appointment-only in at least twenty States and commercial credentials ran on extensions to November 30, 2021; the Department of State suspended routine visa services from March 20, 2020 and resumed them post by post from July 15, 2020; Proclamation 10052 barred H-2B entry from June 24, 2020 to March 31, 2021 and Proclamations 10143 and 10199 continued the geographic suspensions; the Form I-9 physical inspection was deferred; every workplace standard required training and record-keeping; and from July 29, 2021 every onsite federal contractor employee attested to vaccination or was tested.214 The operation of hiring, licensing and training was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because the examinations, counters, consulates and entry on which it depends were closed, suspended or conditioned by order.
OP, office and project management
Telework mandates and in-person workforce reductions reached every estimating and project-management office in New York (one hundred percent), New Jersey, Oregon ("Work in offices is prohibited whenever telework and work-at-home options are available"), Minnesota, Colorado (fifty percent), Vermont, Pennsylvania ("[u]nless impossible," November 27, 2020 to April 4, 2021), Iowa (November 11, 2020 to February 7, 2021), Michigan (MIOSHA's remote-work rule to May 24, 2021) and Washington (twenty-five percent from November 17, 2020); office-capacity caps ran to their stepped expiry in the spring of 2021; the standards of California, Virginia, Oregon and Washington and New Jersey's Executive Order No. 192 bound every office through the third quarter of 2021; New York's HERO plans reached every office from August 5, 2021; and the face-covering orders of Nevada ("office buildings, breakrooms, hallways, cafeterias, meeting rooms"), the District, Illinois, Louisiana, New Mexico, Washington, Oregon and the metros, occupational-health and airborne-transmission controls on every indoor workplace, reached every office from July and August 2021.215 The operation of the office was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because of those telework, capacity, standard, plan and face-covering orders.
WF, workforce availability
The stay-at-home orders of the spring of 2020 confined the workforce; the school and child-care closures kept parents at home; the FFCRA mandate compelled paid leave for quarantines, illness and care from April 1 to December 31, 2020, and the paid-leave mandates of New York, New Jersey, Colorado and Massachusetts ran through the third quarter of 2021; the quarantine and isolation orders of the States and counties removed exposed and infected workers for ten to fourteen days; the traveler quarantines of Vermont, Hawaii, Alaska, North Dakota and Kansas confined cross-border crews; the transit agencies cut service and capped riders in 2020 and the federal conveyance order and TSA directives required face coverings on every commute from February 1, 2021; the tribal curfews, weekend lockdowns and road closures confined reservation residents; the workers'-compensation presumptions of California and Connecticut governed every on-site claim; and the school masking and quarantine orders of the autumn of 2021 governed the workforce's households.216 The operation of the workforce was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because the orders confined it, closed its children's schools, compelled paid leave for its quarantines, conditioned and reduced its commute and, in the third quarter of 2021, quarantined its children and conditioned its entry to federal, health-care and State-agency sites.
CB, the customer base
The industry's customers are every household under a stay-at-home order, every restaurant, hotel, retailer, office landlord, fitness operator, school, hospital, university, transit agency, port, utility and government under the closure, capacity, face-covering and vaccination orders catalogued in the other industry analyses on this site; residential remodeling in occupied homes was barred by Michigan's prohibition on in-person work, discouraged by Wisconsin's "optional or aesthetic construction should be avoided," and confined by New York's, Pennsylvania's and Boston's limitations; commercial fit-outs followed the owners' closures; and public work followed the agencies' suspensions.217 The operation of the customer base was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because every customer class was under orders limiting its commerce, and the building, renovation, fit-out and repair work that follows customer activity was delayed, interrupted or terminated with it.