By: Michaela Leigh LaPatin
photo credit: Jay Janner/American-Statesman
You say these workers are ‘essential’ to our economy, but they’re not essential enough to take care of if they become sick or are unable to work.
-Emily Timm, Co-Director of the Workers Defense Project
The coronavirus pandemic has impacted every person around the world. Every industry is impacted inmsome way, some for worse and some for better, but no one can escape its reach. From healthcare workers to grocery store employees to delivery truck drivers, select groups have been deemed “essential” during this time and are going to work each day, putting themselves at risk for the sake of the community. There is one group, however, going to work each day with little fanfare: construction workers. As of April 17, 43 states deemed construction as an essential industry during the pandemic (Bova 2020). Is their work essential? Should workers risk their health to continue building construction projects? Who are the people making these decisions? And how are these construction workers being affected?
Construction Site Safety
There are a number of challenges that workers face on a construction site that put them in an especially vulnerable position. First, maintaining a safe social distance of six feet is not feasible for most construction activities. Most tasks require teamwork, whether it be framing a house, hanging drywall, or wiring a light fixture. Additionally, sanitary conditions on a construction site are a health concern under normal circumstances. Workers rarely have access to hand-washing stations or clean spaces for breaks and lunch. Portable toilets are used regularly with minimal cleaning. This creates a point of possible high- transmission for the COVID-19 virus.
The shortage of N-95 masks poses an additional risk to construction workers. These masks are needed to protect healthcare workers who may be exposed to COVID-19. While the general public can use homemade masks to protect themselves while shopping at the grocery store or other essential errand, this may be dangerous while performing certain construction tasks. For example, any “cutting, grinding, drilling, or crushing stone, rock, concrete, brick, mortar” creates respirable crystalline silica, also known as silica dust (PK Safety 2019). In 2016, OSHA increased its safety standards for exposure to this substance. Workers are required to wear a mask while doing this work, N95 at a minimum. It is unlikely that construction workers will be able to obtain enough N95 masks for the duration of the pandemic. Unfortunately, it is likely that many workers will simply perform these tasks without masks, exposing themselves to this harmful material.
Another concern is that government inspections have halted in many industries. This issue has gained media attention related to the meat processing plants where FDA inspections, an essential protocol for public safety, have stopped. This issue greatly affects construction workers as well who benefit from safety inspections by the Occupational Safety and Health Administration, OSHA. Violations like the one discussed above, silica dust, may go unreported without the threat of OSHA inspections. Violations that pose an even more immediate threat, like fall hazards or heavy equipment striking hazards, are likely to increase and go unreported as workers continue in an unmonitored environment.
It is also important to address the community culture of a construction site. Given the exhaustive nature of the work, it is not surprising that workers form strong bonds with those around them. Sitting together over lunch, eating from the taco trucks that frequent sites, is an important aspect of the work. This poses additional risks for these workers who are unlikely to practice safe social distancing in these situations.
Construction professionals are making some modifications for worker safety in the midst of the pandemic. “Toolbox Talks” are safety meetings that occur on almost every construction site each morning. Many organizations have created Toolbox Talks dedicated to COVID-19 safety and special precautions that need to be taken onsite (Sizemore 2020). Many photos of these meetings have appeared in news reports, showing workers standing six feet apart while listening to the Site Superintendent review the protocols.
Construction Migrant Workforce
Another unique aspect of a construction site is the large migrant workforce. It is estimated that approximately six million essential workers in the US during the pandemic are immigrants (Straut- Eppsteiner 2020). While these six million workers are spread across restaurants, farms, healthcare, and more, many are working in the construction industry. Immigrant workers, whether documented or not, often lack reliable healthcare coverage, childcare assistance, and other important safety nets, making them especially vulnerable during this pandemic. These low-wage workers often rely on public transportation to travel to work, which is either dangerous or impossible in the current crisis. Many workers will instead need to opt for caravans to travel to jobsites – vans packed to capacity with workers, eliminating the possibility of social distancing before the workday even begins.
Undocumented immigrants confront even greater challenges during these times. As finances are typically a major concern, they need to continue working in order to pay rent and buy food.
Undocumented workers are not eligible for unemployment insurance, despite many paying taxes for years. Additionally, most of these workers do not have access to health insurance or paid sick leave. If they contract COVID- 19 while working, it is unlikely that they would seek support from healthcare workers. Some may even try to continue working, for fear of losing their job permanently, and potentially infecting others in this vulnerable population. Undocumented immigrants are not eligible for any assistance through the CARES relief package even though, again, many have paid taxes and many have US citizen children. It is estimated that half of Texas’ construction workforce is undocumented (Bova 2020). This is staggering considering how many people are at risk for getting sick and how many will be unable to seek help. (Jan 2020)
Construction in Austin, TX
The impact of the pandemic on the construction industry in Austin specifically has been interesting to follow. On March 30, the City of Austin announced a special approval process for construction projects to be able to remain active during the “Stay Home – Work Safe” order. This process was meant to evaluate the importance and timeliness of each project, allowing the municipal government offices to determine which projects could operate. However, an Executive Order from the Texas Governor issued the next day categorizing all construction as essential superseded Austin’s efforts. As a result of this order, all construction projects across the state could operate as usual. Two weeks later, the City of Austin imposed safety guidelines for all construction projects across the city. These restrictions enforce social distancing, face coverings, and handwashing. These guidelines are required to be posted at each construction site, and violations are punishable. (DSD 2020)
After the initial restrictions were placed on construction projects in Austin, a coalition of building groups drafted a “Keep Austin Building” letter addressed to Austin Mayor Steve Adler and Travis Country Judge Sarah Eckhardt. This coalition consisted of many groups, most notably the Real Estate Council of Austin, American Institute of Architects Austin, and Associated General Contractors Austin Chapter. This letter urged the City of Austin to reverse the decision to shut down construction sites, stating that the shutdowns “could have the unintended consequence of leaving individuals and families without access to safe housing during this critical time.” (AIA 2020) The letter also discusses the unique advantages of a construction site, such as limited access points and regular safety meetings. There are two important factors lacking in this letter. First, this letter addresses the importance of continuing residential construction, understandable in a city with a housing shortage. However, there is little explanation of the importance of continuing commercial construction. (It is worth noting that safety standards tend to be very loose on residential sites compared to commercial.) It is also important to assess the signatories of this letter. These organizations represent professional societies across Austin – mostly architects, realtors, business owners, and construction managers. They do not, however, directly represent workers. While it is possible that some workers may agree with the sentiment, it would be helpful to hear from them directly considering the experiences of design professionals are distinct from those of construction laborers. Design professionals can continue working in the safety of their homes, they earn higher salaries, and likely have access to reliable healthcare.
The University of Texas at Austin Study
On April 5, a report was released by a research group at the University of Texas at Austin showing the impact of construction sites on the overall health and safety of Austin. This report shows the number of hospitalizations expected in Austin, TX for the duration of the COVID-19 pandemic with varying results based on different circumstances. For example, if all construction sites close, the overall hospitalizations are expected to be just over 10,000 people. The report then explores scenarios of increasing levels of operations (25%, 50%, and 100% of projects remaining open). Within each of those, the report assesses the impacts of the recommended safety guidelines on construction sites. Perhaps the most interesting finding is that if all construction sites remain open (as now granted by the Texas Governor) and all of those sites follow the safety guidelines to the maximum extent possible, there is virtually no increase in hospitalizations in the City of Austin. This is a significant finding as it shows the great impact social distancing and safety measures can have on public health. (Pasco et al. 2020)
Unfortunately, it is unlikely that all of the safety guidelines will actually be followed, for the many reasons explained earlier in this paper. If the safety guidelines are not followed, and operations continue similarly to the way they were pre-pandemic, the expected hospitalizations for the City of Austin will triple. This study also assesses the impact of construction work specifically on construction workers’ health. It found that with all construction sites remaining open, with minimal safety precautions, the number of hospitalizations for workers will increase eight-fold. This is a staggering statistic given the vulnerabilities of the working population. (Pasco et al. 2020)
Great American Economic Revival Industry Groups
The federal government has set up groups to advise the President on re-opening the economy and easing social distancing guidelines. These groups are called the “Great American Economic Revival Industry Groups” and each one focuses on a specific industry. One of these groups is of particular interest here: the Construction, Labor, Workforce group. This 13-person committee consists of industry-leading CEOs, Labor Union Leaders, and Professional Association Leaders. It is important to note the discrepancies between those on this committee and those working in the field. Most strikingly, all of these representatives are white, and 12 of the 13 are men. This lack of diversity is in stark contrast to the environment of a construction site and they especially do not represent the most vulnerable of workers. While it is hopeful to see so many labor union leaders in the group, it is unlikely that these organizations would push for the benefit of undocumented immigrant workers. With a work force that consists largely of low-income immigrant workers, the people representing them seem quite disconnected. It is concerning that those who are making decisions for people to go back to work will not feel the repercussions. Instead, they likely earn high salaries and have access to reliable healthcare. (Neubauer 2020)
The Helpers
Fortunately, there are groups fighting for immigrants’ rights during this time. At a national level, three organizations have teamed up to help clarify what these rights are and how immigrants should be protected. The National Employment Law Project (NELP), National Immigration Law Center (NILC) and OSH Law Project have created a “Frequently Asked Questions” document outlining workers’ rights. This document answers questions on topics such as paid/unpaid time off, unemployment insurance, and economic stimulus payments. It also includes information on the topic perhaps most relevant to this paper, safety and health on the job. (NELP 2020)
This section of the document outlines employer responsibilities, enforcement of workers’ rights, and filing OSHA complaints. Notably helpful, the documents states that “health and safety laws protect all workers, regardless of immigration status” (NELP 2020). This is incredibly important during the pandemic as undocumented immigrants may be put in precarious situations on a construction site, with little oversight from inspectors. This document also clearly states that OSHA complaints can be filed in any language, which may be essential for immigrant workers. Perhaps most importantly, it also states that OSHA inspectors are not permitted to ask about a worker’s immigration status. If asked, workers are not required to provide a response. This is imperative in making workers feel safe on site and empowered to file complaints if they feel their safety is at risk.
Within the Austin community, there are organizations offering help to immigrants for issues ranging from food assistance to legal aid. The Workers Defense Project has launched the Texas UndocuWorker Fund to support migrants in Austin, Dallas, and Houston (Workers Defense Project 2020). Another local organization, Go Austin Vamos Austin (GAVA) provides updated lists of resources on their website for immigrants within the Austin community. They provide links to housing information, food services, and even internet access information. (GAVA 2020)
Conclusion
The debate of whether or not construction should be deemed an “essential activity” is complicated. As expressed in this paper, there are many considerations including worker safety, economic status of workers, and the implications of immigration status. It is clear that special precautions need to be followed on construction sites that continue to operate. This distancing and increased sanitation will benefit not only the workers but the entire city population. Immigrant workers on construction sites are especially vulnerable to the effects of the pandemic due to low wages, lack of healthcare, and uncertain immigration status. It is important that these workers are represented and their interests are considered at the city, state, and federal levels.
When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.’
-Mr. Rogers
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