Executive Order 2020-114: Re-Opening Business

Summary of Executive Order 2020–114 (replaces EO 2020—97), issued June 5th, which outlines measures that all businesses must take as they re-open:

 “…All businesses or operations that are permitted to require their employees to leave the homes or residences for work must, at a minimum:

(a) Develop a COVID-19 preparedness and response plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by the Occupational Health and Safety Administration and available here. Within two weeks of resuming in-person activities, a business’s or operation’s plan must be made readily available to employees, labor unions, and customers, whether via website, internal network, or by hard copy.

(b) Designate one or more worksite supervisors to implement, monitor, and report on the COVID-19 control strategies developed under subsection (a). The supervisor must remain on-site at all times when employees are present on site. An on-site employee may be designated to perform the supervisory role.

(c) Provide COVID-19 training to employees that covers, at a minimum:  (employers must maintain records on this)

(1) Workplace infection-control practices.

(2) The proper use of personal protective equipment.

(3) Steps the employee must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19.

(4) How to report unsafe working conditions.

(d) Conduct a daily entry self-screening protocol for all employees or contractors entering the workplace, including, at a minimum, a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID19. (employers must maintain records on this)

(e) Keep everyone on the worksite premises at least six feet from one another to the maximum extent possible, including through the use of ground markings, signs, and physical barriers, as appropriate to the worksite.

(f) Provide non-medical grade face coverings to their employees, with supplies of N95 masks and surgical masks reserved, for now, for health care professionals, first responders (e.g., police officers, fire fighters, paramedics), and other critical workers.

(g) Require face coverings to be worn when employees cannot consistently maintain six feet of separation from other individuals in the workplace and consider face shields when employees cannot consistently maintain three feet of separation from other individuals in the workplace.

  1. h) Increase facility cleaning and disinfection to limit exposure to COVID-19, especially on high-touch surfaces (e.g., door handles), paying special attention to parts, products, and shared equipment (e.g., tools, machinery, vehicles).

(i) Adopt protocols to clean and disinfect the facility in the event of a positive COVID-19 case in the workplace.

(j) Make cleaning supplies available to employees upon entry and at the worksite and provide time for employees to wash hands frequently or to use hand sanitizer.

(k) When an employee is identified with a confirmed case of COVID-19, within 24 hours, notify both: (employers must maintain records on this)

(1) The local public health department, and

(2) Any co-workers, contractors, or suppliers who may have come into contact with the person with a confirmed case of COVID-19.

(l) An employer will allow employees with a confirmed or suspected case of COVID19 to return to the workplace only after they are no longer infectious according to 4 the latest guidelines from the Centers for Disease Control and Prevention (“CDC”).

(m) Follow Executive Order 2020-36, and any executive orders that follow it, that prohibit discharging, disciplining, or otherwise retaliating against employees who stay home or who leave work when they are at particular risk of infecting others with COVID-19.

(n) Establish a response plan for dealing with a confirmed infection in the workplace, including protocols for sending employees home and for temporary closures of all or part of the worksite to allow for deep cleaning.

(o) Restrict business-related travel for employees to essential travel only.

(p) Encourage employees to use personal protective equipment and hand sanitizer on public transportation.

(q) Promote remote work to the fullest extent possible.

(r) Adopt any additional infection-control measures that are reasonable in light of the work performed at the worksite and the rate of infection in the surrounding community…..”

 

Executive Order 2020—114 also outlines additional measures that businesses in specific industries must take as they re-open, and we recommend that you read the actual language in the EO:

  • Additional requirements for businesses or operations whose work is primarily and traditionally performed outdoors (section 2)
  • Additional requirements for businesses or operations in the construction industry (section 3)
  • Additional requirements for manufacturing facilities (section 4)
  • Additional requirements for research laboratories, but not laboratories that perform diagnostic testing (section 5)
  • Additional requirements for retail stores that are open for in-store sales, as well as libraries and museums (section 6)
  • Additional requirements for offices (section 7)
  • Additional requirements for restaurants & bars (section 8)
  • Additional requirements for outpatient health-care facilities, including clinics, primary care physician offices, or dental offices, and including veterinary clinics (section 9)
  • Additional requirements for businesses that provide in-home services, including cleaners, repair persons, painters, and the link (section 10)
  • Additional requirements for businesses that provide barbering, cosmetology services, body art services, tanning services, massage services, or similar personal-care services (section 11)
  • Additional requirements for sports & entertainment facilities, including arenas, cinemas, concert halls, performance venues, sporting venues, stadiums and theaters, as well as places of public amusement (amusement parks, arcades, bingo halls, bowling alleys, night clubs, skating rinks, trampoline parks, etc.) (section 12)
  • Additional requirements for gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios, and the like (section 13)

A business’s failure to take any measure outlined above could be subject to penalty.