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                BREAKING NEWS FROM ASA:OSHA ISSUES VACCINE/TESTING STANDARD                               

For the latest updates, go to
ASA National's COVID Information page.


Thursday, November 4, 2021 - Today, OSHA released the anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which can be found at https://public-inspection.federalregister.gov/2021-23643.pdf and is scheduled to be published in the Federal Register tomorrow.  The New Vaccination Requirement for Employers With 100 or More Employees: OSHA is issuing a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) to require employers with 100 or more employees—including construction (i.e., “covered employers”) to:

  • Get Their Employees Vaccinated by January 4th and Require Unvaccinated Employees to Produce a Negative Test on at Least a Weekly Basis: All covered employers must ensure that their employees have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson – by January 4th. After that, all covered employers must ensure that any employees who have not received the necessary shots begin producing a verified negative test to their employer on at least a weekly basis, and they must remove from the workplace any employee who receives a positive COVID-19 test or is diagnosed with COVID-19 by a licensed health care provider. The ETS lays out the wide variety of tests that comply with the standard. Given that vaccines are safe, free, and the most effective way for workers to be protected from COVID-19 transmission at work, the ETS does not require employers to provide or pay for tests. Employers may be required to pay for testing because of other laws or collective bargaining agreements.
  • Pay Employees for the Time it Takes to Get Vaccinated: All covered employers are required to provide paid-time for their employees to get vaccinated and, if needed, sick leave to recover from side effects experienced that keep them from working.
  • Ensure All Unvaccinated Employees are Masked: All covered employers must ensure that unvaccinated employees wear a face mask while in the workplace.
  • Other Requirements and Compliance Date: Employers are subject to requirements for reporting and recordkeeping that are spelled out in the detailed OSHA materials available here. While the testing requirement for unvaccinated workers will begin after January 4th, employers must be in compliance with all other requirements – such as providing paid-time for employees to get vaccinated and masking for unvaccinated workers – on December 5th. The Administration is calling on all employers to step up and make these changes as quickly as possible.
  • Streamlining Implementation and Setting One Deadline Across Different Vaccination Requirements: The rules released today ensure employers know which requirements apply to which workplaces. Federal contractors may have some workplaces subject to requirements for federal contractors and other workplaces subject to the newly-released COVID-19 Vaccination and Testing ETS. To make it easy for all employers to comply with the requirements, the deadline for the federal contractor vaccination requirement will be aligned with those for the CMS rule and the ETS. Employees falling under the ETS, CMS, or federal contractor rules will need to have their final vaccination dose – either their second dose of Pfizer or Moderna, or single dose of Johnson & Johnson – by January 4, 2022. This will make it easier for employers to ensure their workforce is vaccinated, safe, and healthy, and ensure that federal contractors implement their requirements on the same timeline as other employers in their industries. And, the newly-released ETS will not be applied to workplaces subject to the federal contractor requirement or CMS rule, so employers will not have to track multiple vaccination requirements for the same employees.

OSHA Fact Sheet below and more information can be found on their website for this 2nd ETS: https://www.osha.gov/coronavirus/ets2.

Finally, we are in the process of reviewing the ETS and we plan on submitting comments on the rule, which looks like they will be due December 5.


COVID-19 Resources

As so many of us have heard the Coronavirus has reached North Texas. ASA Nationals has put together a Resource Guide as a Member Benefit.

The Center for Disease Control (CDC) is responding to an outbreak of respiratory disease caused by a novel coronavirus (COVID-19) that was first detected in China and has now emerged in almost 90 locations internationally, including 500 confirmed cases within the United States as of March 9, 2020. With the complete clinical picture of COVID-19 not fully known along with the CDC’s expectation that the number of confirmed cases will continue to rise, members of the American Subcontractors Association (ASA) may have concerns regarding the disease and how to handle employment matters during this outbreak. As the situation is emerging and continually evolving, ASA will monitor all federal agency developments and guidance to supply our members with the most up to date information available. The ASA has collected numerous materials from a wide variety of sources and developed this Coronavirus Resource Guide to provide our members with a comprehensive resource to best prepare for employment disruptions as COVID-19 cases continue to be discovered. 

Click Here to Download the Full ASA Coronavirus Resource Guide

ASA has also put together the ASA Coronavirus Employer Guide.  To access this MEMBERS ONLY document, please visit the Resources section of the InfoHub and click on "Member Benefits".

Click Here to Download the ASA Employers Guide 

TCA Newsroom Link

New Austin COVID-19 Ordinances

Yesterday(7/9/2020) the City of Austin adopted two ordinances mandating additional requirements and allowing civil penalties related to the COVID-19 health crisis. Many of the requirements are consistent with those already in place for the construction industry in Travis County and the City of Austin.


You can copies of the ordinances on the TCA website by clicking here.


The first ordinance declares that a site that fails to meet required standards may be deemed a "public health nuisance" and the city attorney may file a civil suit to request a court order mandating compliance.  The second ordinance requires Austin Public Health to adopt rules and provides for a fine of up to $2,000 per violation of the rules (rules are pending).


The ordinances are expected to become effective Tuesday, July 14th and will stay in effect until December 31st. 


The requirements ordinance mandates the following for all "sites" in the City of Austin with 10 or more persons present at one time.  The responsibility for compliance is on those persons that own, operate, manage or oversee a site.  "Site" means property.  Exceptions include government property, dwelling units, and property where medical services or child care programs are provided.

  • Face coverings for all individuals on site.
  • Disinfection of high touch items at least twice per day.
  • Limit number of individuals who gather or stand together to 10 or less.
  • Require at least six fee of distance between groups of individuals.
  • Pre-screen employees each day.
  • Post signs for employees explaining requirements in both English and Spanish.
  • Keep toilets clean and ensure property waste disposal.
  • Provide single use disposable paper towels and no-touch trash receptacles in restrooms and breakrooms.
  • Mandate handwashing at specific times (before work; after glove removal; before and after use of shared tools; before and after meal or restroom breaks; and after work).
  • Follow all directions from Austin Public Health for confirmed COVID-19 cases.


In addition to the above, the ordinance specifically requires the following for construction sites:

  • Staggered shifts for sites with more than 10 active workers and posted notice showing the sizes and types of shift crews working on the site with directions on how the person in control is limiting crew sizes and rotating shifts.
  • Handwashing stations and restrooms are spaced at least six feet apart from each other.
  • No community water coolers.
  • Designated COVID-19 safety monitor on-site at all times.
  • Each worker must sign in and the site manager or safety monitor must keep a list of contact information for each worker.

Families First Coronavirus Response Act

TCA has received several inquiries about the federal Families First Coronavirus Response Act of 2020 signed by the President last night.  Attached is a summary of the Act.  In short it provides the following:

  • Emergency Paid Sick Leave:  Private employers with fewer than 500 employees must provide up to 80 hours of paid sick leave to eligible employees when they are unable to work due to a covered reason.  The Act includes a provision allowing the Secretary of Labor to exempt businesses with fewer than 50 employees from paying for sick time taken due to school or daycare closures "when the imposition of such requirements would jeopardize the viability of the business as a going concern."

  • Expansion of the federal Family and Medical Leave Act (FMLA):  Eligible employees may take job-protected leave of up to 12 weeks when the employee is unable to work due to a need to take leave to care for a child.  Note - this change applies to all private businesses with fewer than 500 employees and does not exempt businesses with fewer than 50 employees like existing FMLA provisions.

  • Paid Sick Leave Payroll Tax Credit/Paid Family Leave Payroll Tax Credit: Allows for payroll tax credits against taxes imposed under FICA for qualified sick leave wages paid when an employee takes leave under the Emergency Paid Sick Leave or Expanded FMLA provisions. 

Read the Full Act Here:

Federal Families First Act Summary.pdf

Dallas Shelter In Place Amendment

On March 22cd, Dallas County Judge Clay Jenkins ordered a Shelter-In-Place for Dallas County. Click below to view the full amended order. 


Dallas Shelter in Place Amendment

Per the order, all businesses operating within Dallas County, except Essential Businesses as defined in Section 2, are required to cease all activities at facilities located within the County. Under 2.b.iii – Essential Critical Infrastructure – “Work necessary to the operations and maintenance of the 16 critical infrastructure sectors as identified by the National Cybersecurity and Infrastructure Agency including public works construction, residential and commercial construction, etc.”

Construction is considered an Essential Business and can continue operating. Please continue to distribute OSHA 3990-03 guidance on preparing the workplace in light of COVID-19 and encouraging worker education.

Tarrant County Shelter In Place Executive Order

Click below for the Shelter in Place Order 


On March 25th, Tarrant County Judge B. Glen Whitley ordered a Shelter-In-Place for Tarrant County. Click below to view the full amended order. For more information please visit our website for COVID-19 information and resources.

Per the order, all businesses operating within Tarrant County, except Essential Businesses as defined in Section 7, are required to cease all activities at facilities located within the County. Under 15.d.iii – Essential Critical Infrastructure – “Work necessary to the operations and maintenance of the 16 critical infrastructure sectors as identified by the National Cybersecurity and Infrastructure Agency including public works construction, residential and commercial construction, etc.”

Construction is considered an Essential Business and can continue operating. Please continue to distribute OSHA 3990-03 guidance on preparing the workplace in light of COVID-19 and encouraging worker education.

COVID-19 Language for Notice of Delay

Letter of Notice of Delay written by ASA National Legal Team for typical AIA contract

COVID-19 - Language for Subcontractors.docx

Dallas County Construction Industry Essential Business Rules

Thank you to several business leaders in our industry, who have stepped up to help keep construction deemed as an “Essential Business”.  Please keep supporting this effort through adhering to enhanced standards moving forward.  These standards went into effect, Sunday, March, 29, 2020. 

Thank you to those who have already have been following these practices. We need ALL contractors, general and specialty trades, who are and might be violating the industry standards to follow these guidelines. There are major safety concerns for residential contractors not following rules. Dallas County will be ramping-up enforcement because there are companies not following the mandates from Gov. Abbott and Judge Jenkins.

Most of these recommendations are based on the Construction Industry Safety coalition.  Judge Jenkins needs the support of industry. He and his team are working diligently to keep our job sites safe, and to keep the workers safe, so that our sites are not a hot-bed of community spread. These standards allow us to keep working and keep this segment of our economy open.

Dallas County Rules for Construction 4-3.pdf

Department of Labor MANDATORY Poster

See below about a new poster employers are required to post. It must be provided by email, mail, or posting on our website for our employees to see. 

Yesterday, the DOL provided the required poster that employers must post for federal emergency paid sick and paid FMLA leave.  

It also published guidance in the form of FAQ’s Employers must post this poster in a "conspicuous" place on its premises. Employers can comply by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website. 

Please call or reach out with any questions.

The poster is attached and can be found here:



OSHA Guidance 

Attached is a copy of OSHA Publication 3390, "Guidance for Preparing your Workplace for COVID-19".  This includes helpful information on workplace controls and worker education.


Additionally, click this link for a short video demonstrating effective hand washing as well as an attached FAQ that you may wish to circulate this among your employees.

How to Wash Your Hands - The New York Times.pdf

Construction Industry Safety Coalition 

The ASA is a member of the Construction Industry Safety Coalition (CISC). CISC has finalized a document entitled the “CISC Recommendations: COVID-19 Exposure Prevention, Preparedness, and Response Plan for Construction," and you may find its contents useful. 

The purpose of this plan is to outline the steps that every construction employer and employee can take to reduce the risk of exposure to COVID-19.  The plan describes how to prevent worker exposure to coronavirus, protective measures to be taken on the job site, personal protective equipment and work practice controls to be used, cleaning and disinfecting procedures, and what to do if a worker becomes sick. 

Included in the plan are also two letters: Essential Industry Employees who are traveling to construction job sites and Employee Notification if a confirmed case of COVID-19 occurs at work, as well as a COVID-19 Checklist for Employers and Employees and a COVID-19 toolbox training talk. 

CISC COVID-19 Exposure Prevention, Preparedness, and Response Plan .docx

Example of a Temperature Check Sheet and Log

Basic Wellness Check-In Sheet Template provided by CORE Safety Group

COVID-19 Wellness Check form.pdf

Recommended Practices From AGC

AGC of Houston has put together a good list of recommended protocols for construction jobsites to address the spread of COVID-19.  Attached are copies of the recommendations in both English and Spanish.  You and your employees may have already seen some of these practices being put into place.

Please feel free to share the attached documents with others in our industry.

 COVID19 Recommended Practices AGC.pdf

COVID19 Recommended Practices - Spanish.pdf

Letter to the Governor and Elected Officials

Attached is a copy of a letter to Governor Greg Abbott from all of the major construction industry associations in Texas requesting that he refrain from curtailing construction activities during this time.  We will be sharing this letter with local officials as well.

Read the Letter Here:

Letter to Abbott.pdf

Open Letter to Local Elected Officials.pdf

Governor's Handbook on Re-Opening Texas


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