The Rules is a monthly series covering important regulations in a clear manner for architecture, engineering, and construction professionals.

In the U.S., one in five workplace deaths occurs in the construction industry, with the so-called “fatal four”—falls, electrocution, being struck by an object, and being caught in or between objects—causing more than half of these fatalities, according to the U.S. Bureau of Labor Statistics.

The COVID-19 pandemic presents an additional risk for the building profession as many states and jurisdictions continue to deem construction an essential service. Health and safety are rightfully top of mind as people who must often work alongside each other also need to practice safe social distancing. National and state requirements for workplace safety and health regulations offer special protections for employees in health care and other service industries, but what protections exist for architects conducting fieldwork and visiting construction sites? And what about the workers executing their designs?

The Occupational Safety and Health Administration (OSHA) regulations were first created in 1971 to ensure that all employers who are liable for their employees, regardless of the work setting—such as an office, a construction site, or a factory—maintain a safe environment for those employees. (OSHA, the agency itself, is part of the U.S. Department of Labor and focuses on enforcement and regulations, which means its officers inspect work sites and can issue citations.) OSHA regulations specify standards for many workplace activities, including trenching and excavation, machine safeguarding, and material abatement. OSHA does not, however, specifically address work standards during a pandemic, such as that caused by the novel coronavirus.

“I’ve been getting calls from those in the building industry about OSHA and COVID-19,” says Steven L. Nelson, an OSHA attorney based in the Milwaukee office of von Briesen & Roper, “but [OSHA] does not specify safety requirements on construction sites for contagious diseases like the common cold or flu, or even serious ones like COVID-19.” However, he continues, OSHA does, on its website, advise employers to follow the Centers for Disease Control and Prevention guidelines and educate their employees about safe social distancing, frequent hand-washing, and self-policing of their own health.

Architects are responsible for following safety and health procedures and instructions on-site, including wearing personal protective equipment and understanding who is responsible for what areas in any workplace.

Under OSHA, Nelson says, architects visiting jobsites are typically not responsible “for the welfare of construction workers or even themselves” when the general contractor or project owner—not the architect—is contractually in control of the means or methods of construction. That is, an OSHA inspector would not cite an architect for any breach of OSHA regulations; rather, the infraction would be handed to the contractor.

When working with design-build contracts, architects should be aware that if they are responsible for the means or methods, they would be cited under OSHA. “If the designer is also the builder,” Nelson says, “they will be cited as the builder, and not as the design professional.”

Regardless of the project delivery method, architects are responsible for following safety and health procedures and instructions on-site, including wearing personal protective equipment and understanding who is responsible for what areas in any workplace.

Though OSHA doesn’t require it, AIA does recommend architecture firms formalize a safety plan that details employees’ responsibilities and rights, as well as risks that they may encounter during site visits. A safety plan helps ensure that employees know to request and take heed of safety briefings and training on-site, and to be aware of and understand an owner’s or contractor’s safety plans. Architects should leave a construction site if they feel unsafe due to hazardous conditions.

Even when working remotely, architects should learn about risk and liability, including safe work environments, cybersecurity issues, and insurance considerations, including security and theft.

And, finally, pandemic or not, architects should speak up to whomever is in authority if they think people are at risk, not just because of OSHA, but out of general concern for the team.