As reported in ACPA TODAY last week, ACPA and an ad hoc group of associations and other organizations called on President Donald J. Trump and other key federal and state government officials urging their support for considering infrastructure construction as an essential service.

As a result of this effort and other actions, the Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) has amended its “Memorandum on Identification of Essential Critical Infrastructure Workers during COVID-19 Response.” 

The guidance is significant because several governors factored the memo in classifying  “essential” industries or businesses, which they as a result designated as exempt from stay-at-home orders.

The revised memo notes the list is advisory in nature, not a federal directive or standard. It is also not considered an all-inclusive list. It also reiterates the fact that state officials–generally governors–have the final say in determining “essential” status in their respective states.

The revised guidance encompasses 17 categories and has added many new work areas. These include:

Transportation and Logistics
This category includes workers:

  • Supporting the maintenance and operation of essential highway infrastructure, including roads, bridges, and tunnels.
  • Responsible for repairing and maintaining equipment and infrastructure that enables operations that encompass movement of cargo and passengers.

Public Works and Infrastructure Support Services
This category includes workers:

  • Who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, construction of critical or strategic infrastructure, traffic signal maintenance, etc.
  • Workers who support, such as road and line clearing, to ensure the availability of and access to needed facilities, transportation, energy and communications.

Critical Manufacturing
This category includes workers needed for:

  • The manufacturing of metals (including steel and aluminum), industrial minerals, semiconductors, materials and products needed… for supply chains associated with transportation…
  • Maintaining the continuity of these manufacturing functions and associated supply chains, and workers necessary to maintain a manufacturing operation in warm standby.
  • Mining and production of critical minerals, materials and associated essential supply chains, and workers engaged in the manufacture and maintenance of equipment and other infrastructure necessary for mining production and distribution.

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