Since his inauguration on January 21, 2021, President Joe Biden has signed over 30 executive orders.  Of particular note, President Biden signed two important COVID-19-related orders within a day of being sworn into office.  Those orders were issued to try to curb the spread of COVID-19 by mandating mask-wearing on Federal property, airports, planes, buses, and trains.

The first of the two orders, Executive Order 13991, requires all heads of executive departments and agencies to require compliance with CDC guidelines regarding nose/mouth coverings, maintaining physical distances, and other public measures by on-duty or on-site Federal employees, on-site Federal contractors, and all persons in Federal buildings or on Federal lands. The Executive Order also states that heads of agencies may make exceptions in implementing the CDC guidelines to the extent that doing so is necessary or required by law. If such exceptions are made, alternative safeguards such as additional physical distancing, testing, or reconfiguration of workspace, are required.

The second order, Executive Order 13998, aims at promoting safety in domestic and international travel from and within the United States. This order requires masks to be worn in compliance with CDC guidelines in or on airports, commercial aircraft, trains, public maritime vessels including ferries, intercity buses, and all forms of public transportation as defined in section 5302 of title 49 of the United States Code. Like the previous order, the heads of agencies may make exceptions where necessary, as long as alternative and appropriate safeguards are undertaken.

These Executive Orders are a dramatic departure from the Trump Administration’s posture in combating COVID-19. They come as a relief or an annoyance, drawing both criticism and praise from the public. Contractors who perform work on Federal properties will more likely than not be affected by Executive Order 13991 as it requires those contractors (and their employees) to wear masks on Federal property or in their capacity as Federal contractors. There is a small possibility of qualifying for an exception, but whether or not that exception is made is left to the discretion of the agency heads. The effects of Executive Order 13998, while less intrusive on employers, will be more noticeable as they impact many forms of regularly used transportation.

Whether or not these Executive Orders will be effective in curbing the spread of COVID-19 remains to be seen. However, we are already witnessing a significant departure from the Trump Administration’s approach to managing the pandemic. While the Biden Administration’s approach may change depending on the efficacy of the current batch of vaccines in combatting different variants of COVID19, the effect of the Executive Orders will likely be felt immediately in the construction industry.

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