Construction worker says Indiana’s definition of ‘essential business’ too broad

INDIANAPOLIS (WISH) — The state’s broad definition of “essential business” includes workers who feel their jobs are not necessary for critical operations but may heighten their risk of coronavirus exposure.

More than 20 professional categories are exempt from Gov. Eric Holcomb’s stay-at-home order, effective through April 6.

Construction workers who “provide services that are necessary to maintaining the safety, sanitation and essential operation of residences, essential activities and essential operations” are deemed essential and permitted to continue working under the executive order.

An Indianapolis man with more than three decades of construction experience contacted the governor’s office, urging the state to narrow its definition of “essential” construction.

He works for a company contracted by the city of Indianapolis to complete a local project unrelated to public works, health and infrastructure.

He fears retaliation and spoke on the condition of anonymity.

“Everyone else is being told to hunker down,” the worker told News 8. “But we need to put our health in danger just to get a project done on time [and] on budget to make a company money.”

His supervisors forwarded emails containing guidance from the Centers for Disease Control and Prevention (CDC) but did not distribute sanitizing products or additional protective gear to workers, he said.

Company representatives did not immediately respond to requests for comment.

“I see no way to really work under the guidelines when you’re working on a construction site,” the worker said. “You’re working hand in hand with other people, handling tools that other people have handled. Bathroom facilities are usually [portable] toilets with poor hand-washing stations. It’s just not sanitary and I don’t think it’s safe.”

The completion of his assigned project could be delayed several weeks without endangering critical operations, he added.

His son, who also works in construction, reported sitting in close quarters with other workers while riding a company-operated bus to his own job site in Indianapolis.

“Construction workers are the backbone of a lot that happens in the city and state. We should be hunkered down at home, just like everyone else, to try and stop the spread of this virus,” the longtime worker said.

He chose to temporarily stop working amid the global pandemic, citing health concerns.

He does not have sick leave benefits. He called it a “luxury” to have personal savings to use as a safety net.

Most of his colleagues live paycheck to paycheck and cannot afford to stay home without pay, he said.

Construction workers whose businesses are still open and have not laid them off are not eligible to apply for Indiana’s expanded unemployment insurance benefits.