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10. Official Strategies / Guidelines // Rules / Regulations

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Return to June 2021 update

Length: 5 min read;  1,005 words.

Note: The following paragraphs summarize the category of Official Strategies / Guidelines // Rules / Regulations observed in June. More information about the specific category from June (and previous months) can be found in the downloaded report(s). The number in square brackets (e.g., [X]) refers to a reference where the reader can find more information about a specific statement. The references can be found in the References list below, on the Systematized References page or in the downloaded report.

The discussion about this category has slightly increased in June in comparison to March (7.7% from 7.3%). The long-awaited vaccination regulations for employers in the US have been published on May 28. US Equal Employment Opportunity Commission greenlights coronavirus vaccine requirements and incentives, with some limits. Federal equal employment opportunity laws do not prohibit policies requiring that all employees who physically enter a workplace receive a COVID-19 vaccination, so long as such policies comply with the reasonable accommodation provisions of the Americans with Disabilities Act and Title VII of the Civil Rights Act as well as other applicable laws. Title VII and the ADA require employers to provide reasonable accommodations for employees who, because of a disability or a sincerely held religious belief, practice, or observance, do not get vaccinated for COVID-19, unless providing an accommodation would pose an undue hardship on the operation of the employer's business. Employers also may offer incentives to employees to voluntarily show documentation or confirmation that they have received a COVID-19 vaccine, but the agency outlined some limits in the event that employers are incentivizing employees to voluntarily receive a vaccine administered by an employer or its agent. There may be uncertainty as to what constitutes an incentive that is not so substantial as to be coercive. There should be distinction between financial incentives and more general incentives, such as time off to receive a vaccination. [20] International coalition formed by sports-focused NGOs seeks to promote health protocol verification of venue operations at global scale in light of COVID-19. [416] Outdoor dining is becoming regulated in California. The Los Angeles City Council voted to investigate how the L.A. Al Fresco program that was initiated in May 2020 can come into compliance with codes including the Americans with Disabilities Act along with multiple governmental agency requirements, setting the stage for more permanent outdoor dining. It’s also considering suspending parking requirements and extending restaurant conditional use permits that were set to expire during the pandemic for another year. [386] Remote work policy is a crucial part of a hybrid employer handbook. [180] School leaders are using the WELL health-safety rating to bring back in-person learning with confidence. [32]

Construction site COVID-19 protocols have been established in March/April ‘20. As the COVID-19 pandemic begins to wane in many areas of the US, construction employers are not letting their guard down when it comes to keeping their workers safe and healthy. Government agencies like OSHA and the CDC are also on the front lines of monitoring American workers' welfare on the jobsite. For example, a new guidance from May says “fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal or territorial laws, rules and regulations, including local business and workplace guidance”, but employers can still opt to require social distancing and masks. [185][186] OSHA launched COVID-19 national emphasis program in March prioritizing onsite inspections, which increased in number till June ’21 resulting in NYC building inspectors stopping work on 322 jobsites. [188][189] The labor secretary has put the development of an OSHA emergency temporary standard on hold. [190] The National Institute for Occupational Safety and Health has released a free Worker Well-Being Questionnaire to help employers, workers, researchers, practitioners and policymakers better understand and target interventions to improve workers’ welfare. [191]

Cybersecurity organizations and regulations are becoming common. The governments of the US and EU formed a new ransomware working group to address the scourge of ransomware that has hurt many European countries and the US. Sharing information among governmental institutions, law enforcement, and private entities is crucial in this battle against cybercrime. [283] While all major e-commerce players offer their users additional protection of personal accounts via the Multifactor Authentication (MFA), the EU has even pushed this further with Payment Services Directive 2 (PSD2) that requires a Strong customer authentication (SCA). That means that all electronic payments are performed with multifactor authentication. Even though it’s not the same as protecting your Amazon, Target, or Walmart account, it’s a start. [278] The US Government have recently introduced a new surveillance and wiretapping legislation, known as US Section 702, which aims to track down and prosecute cybercrime researchers. This group includes OSINT analysts as well as threat intelligence analysts on their way to obtain access to national security and classified cyberattack information and possibly use it for research or their own purposes. [417] US Cyber Command is considering "hunt-forward" missions to visit a host country while looking for cyber adversaries. Before inviting the US Government to its network, every host country should consider that it must legally comply with existing technical collection and legal jurisdiction-aware agreements. Such countries should also consider the benefits of having a sophisticated network operator looking for cyber adversaries using their own unique methodology. This would prove to be an invaluable source of information into the whereabouts of local cybercriminals and their adversaries. [418]

There is a lack of standards and mandates for infrastructure to undergo resilience planning due to climate change. Only California has a mandate in place that requires ports to undergo resilience planning for its facilities. But nationwide, there is no such requirement.[308] MIT’s "Supply chain resilience in the era of climate change" included several key sustainability activities that all organizations should engage in. Most important are: reduce emissions by adjusting manufacturing or supply chain footprints, support government policy adjustment, and collaborate across all levels of the supply chain, and beyond. [419] Sustainability related regulations for high-rise buildings promote taller wood design. The life-cycle emissions of wood houses to be 74% lower than those of steel houses and 69% lower than those of concrete houses. Shifting new developments from steel and concrete construction toward taller wood could have significant impacts on the environment. Currently, yearly harvested wood only accounts for 20% of annual growth. Increasing this portion to 34% would avoid the 14-31% of global CO2 emissions created by steel and concrete and reduce global fossil fuel consumption by 12-19%. [324] The partial collapse of the Champlain Towers South building in Surfside, Florida brings focus on codes and safety improvements. [420]

See March Category Summary

References

[180] “Going hybrid? Get a remote work policy, attorney says”, Construction Dive. (accessed July 26, 2021)
[185] “Roundup: Protecting workers goes beyond COVID-19 protocols”, Construction Dive. (accessed August 04, 2021)
[186] “OSHA directs employers to follow CDC mask update”, Construction Dive. (accessed September 19, 2021)
[191] “NIOSH releases survey to measure worker well-being”, Construction Dive. (accessed September 19, 2021)
[278] “Purchase with caution: scammers on the prowl for e-shoppers”, CyberNews, June 22, 2021. (accessed September 17, 2021)
[283] “Criminal enterprises at the heart of ransomware”, CyberNews, June 29, 2021. (accessed September 17, 2021)
[324] “Could Tall Wood Construction Be the Future of High-Rise Buildings?”, ArchDaily, June 15, 2021. (accessed September 10, 2021)
[386] “In Southern California, Outdoor Dining Changes the Hospitality Landscape”, ArchDaily, June 03, 2021. (accessed September 07, 2021)
[420] “6 multifamily building failures and the changes they produced”, Construction Dive. (accessed September 07, 2021)