Tag: coronavirus

Reopening New York - Phase 2

Reopening New York – Phase 2

The federal government put the individual states in charge of reopening after coronavirus shutdowns. In New York, Governor Andrew Cuomo divided New York into 10 regions and assigned a Control Room to oversee the reopening efforts in each Region. Some of those regions entered Phase 2 of the reopening plan on May 26, 2020. The State issued industry-specific guidelines for the businesses that can open or expand operations in this next phase.

Click here for more information about Phase 1 of New York’s reopening plan.

Phase 2 Industries

Phase 2 includes these businesses:

However, the following industries will remain closed in Phase 2:

  • Malls; specifically, any indoor common portions of retail shopping malls with 100,000 or more square feet of retail space available for lease; however, any stores located within shopping malls, which have their own external entrances open to the public, separate from the general mall entrance (e.g., strip malls), may open
  • Dine-in and on-premise restaurant or bar service, excluding take-out or delivery for off-premise consumption
  • Large gatherings/event venues, which include establishments that host concerts, conferences, or other in-person performances or presentations in front of an in-person audience
  • Gyms, fitness centers, and exercise classes, except for remote or streaming services
  • Video lottery and casino gaming facilities
  • Movie theaters, except drive-ins
  • Places of public amusement, whether indoors or outdoors, including but not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions

Phase 2 Reopening Guidelines

New York released industry-specific guidance for Phase 2 of the reopening plan on the State’s NY Forward website. The site includes “Summary Guidelines” and “Detailed Guidelines” for each covered industry segment. The documents contain information on how businesses should reopen. Specifically, how to operate in a manner that will minimize the transmission of COVID-19 and adequately protect employees, customers, and vendors from potential exposure. The guidance incorporates CDC and OSHA guidance. The NYS guidelines also set minimum requirements that businesses must implement before reopening. Companies are free to adopt additional health and safety measures to protect people in their offices, stores, and other places of business.

Mandatory Safety Plans

New York has provided a template safety plan that companies can use as a starting point. Upon completion, each business must post its COVID-19 safety plan “conspicuously” in the workplace. Companies don’t have to submit their individual safety plans to any governmental agency, but must make them available if an authorized agency conducts an inspection.

Review of Industry-Specific Guidelines and Affirmation of Receipt

Any business that intends to reopen under Phase 2, or that remained open as an essential business but fits into a Phase 2 industry category, must affirm that it has read and understood the guidelines and will implement them.

Common Phase II Health and Safety Requirements

Although the industry guidelines vary, most contain similar basic requirements. For example, businesses must:

  • Provide all workers with an acceptable face covering at no cost to the employees.
  • Adhere to hygiene, cleaning, and disinfecting requirements from the CDC and Department of Health.
  • Maintain cleaning logs on site that document the date, time, and scope of cleaning.
  • Limit occupancy to 50% of building capacity, including employees, customers, and vendors.
  • Provide and maintain hand hygiene stations in the office, including handwashing with soap, running warm water, and disposable paper towels, as well as an alcohol-based hand sanitizer containing 60% or more alcohol for areas where handwashing is not feasible.
  • Limit occupancy of tightly confined spaces, like elevators, stock rooms, or behind cash registers, to only one person at a time, unless all individuals are wearing face coverings.
  • Post social distancing markers using tape or signs that denote 6 ft. of spacing in commonly used and other applicable areas.
  • Limit the sharing of objects and discourage touching of shared surfaces.
  • Place hand sanitizer throughout the office in convenient locations for use by employees and customers.
  • Post signage to remind personnel and customers to adhere to proper hygiene, social distancing, appropriate PPE, and cleaning and disinfecting protocols.
  • Maintain a continuous log of workers and visitors who have close contact with other individuals at the worksite or area.
  • Implement mandatory health screening and assessment (e.g., questionnaire, temperature check) for employees, contractors, and other visitors, asking about (1) COVID-19 symptoms in past 14 days, (2) positive COVID-19 test in past 14 days, and (3) close contact with confirmed or suspected COVID-19 cases in the past 14 days. Responses must be reviewed and documented daily.
  • Have a plan for cleaning, disinfecting, and contact tracing in the event of a positive case.

Top Priorities for Phase 2 Businesses

If your business falls into a Phase 2 industry, you must review the relevant guidance documents. They are available at https://forward.ny.gov/industries-reopening-phase.

Remember, your company must submit the compliance affirmation and prepare and post a written safety plan. To do so, you must evaluate the realities of your operations and modify them accordingly. As the State documents emphasize, these are only the legally-mandated minimum requirements. Government officials may shut you down or take other action if you are not complying. However, satisfying the State’s guidelines does not guarantee that the coronavirus cannot be spread in your facilities. Moreover, it likely will not provide an absolute defense to possible claims by employees or other individuals that your business is unsafe or that the company is responsible for them contracting COVID-19.

The State’s guidelines are not close to normal operations for most businesses. And your company must continue to monitor the latest developments and adapt accordingly. There is currently no timetable for how long these extensive restrictions will remain in place. For example, the start of Phase 2 has not lifted the restrictions on Phase 1 businesses.

 

Horton Law continues to monitor the evolving requirements for all New York businesses. Sign up for our email newsletter to receive our latest blog posts and announcements of upcoming free webinars on this topic. You can also follow us on LinkedIn for even more frequent updates.

New York Safety Plan Template

A Closer Look at the COVID-19 New York Safety Plan Template

As the State of New York begins to reopen, it is requiring all businesses to develop a written COVID-19 safety plan. The State has provided a safety plan template to facilitate this requirement. Businesses don’t have to use the template. But they should at least reference it in ensuring they include the necessary components in their plans.

Reopening Requires a Written Safety Plan

Each New York business location must adopt and follow a safety plan that outlines how the business will fight the spread of COVID-19. Companies don’t have to submit their plans to any government agency for approval. But every business must post its plan at each location. The New York State Department of Health or local health or safety authorities have the right to review the plan during an inspection.

New York is issuing industry-specific reopening guidelines. These documents reflect extensive requirements on businesses that choose to reopen as permitted under the State’s phased reopening plan. Every business should consult the guidelines in preparing a coronavirus safety plan.

For more information about industry-specific reopening guidelines, click here.

Essential businesses that are not yet covered by industry-specific guidelines, click here.

To access the NY Forward Safety Plan Template, click here.

The New York Forward Safety Plan Template

The New York Safety Plan Template is a generic template that any business can complete. Alternatively, a company could use the template as a guide to creating its plan in a different format.

Part I – People

The first part of the templates starts with a list of physical distancing terms that employees must comply with. The business must agree to the following:

  • Ensuring a 6-foot distance between personnel, unless safety or a core function of the work activity requires a shorter distance.
  • If personnel are less than 6 feet apart from one another, they must wear acceptable face coverings.
  • Only one individual will occupy small spaces at a time unless all occupants are wearing acceptable face coverings.
  • The occupancy will be kept under 50% of the maximum capacity if more than one individual occupies the small spaces.
  • Social distancing posts/markers must be made to signify 6 feet of spacing in commonly used areas on the site.
  • In-person gatherings must be limited as much as possible, and tele- or video-conferencing should be utilized whenever possible.
  • Essential in-person gatherings should be held in open, well-ventilated spaces with appropriate social distancing among participants.
  • There should be designated areas for pick-ups and deliveries.

Then, Part I asks the business to fill in specific information pertinent to its daily operations.

  • The template asks the business to list everyday situations that may not allow for 6 feet of distance between individuals and how the business intends to ensure employee safety in such circumstances.
  • It also asks how the business will achieve engagement with customers and visitors with physical distancing requirements.
  • Part 1 concludes by asking the business how it will manage industry-specific physical, social distancing.

Part II – Places

The second part of the safety plan template has three sections: “Protective Equipment,” “Hygiene and Cleaning,” and “Communication.” The portion of the template requires the business to explain how it intends to keep the workplace clean to protect employees.

Protective Equipment

Part II.A. of the New York safety plan template requires businesses to ensure that employees comply with protective equipment requirements. The business must agree to the following terms:

  • Employers must provide employees with an acceptable face covering at no cost to the employee and have an adequate supply of coverings in case of replacement.

After acknowledging the above, the business must indicate how it plans to comply with the requirement.

  • Face coverings must be cleaned or replaced after use or when damaged or soiled, may not be shared, and should be adequately stored or discarded.

The business must then explain its policy for ensuring that the PPE is appropriately cleaned, stored, and discarded.

  • Limit the sharing of objects and discourage touching of shared surfaces; or, when in contact with shared objects or frequently touched areas occurs, wear gloves(trade-appropriate or medical); or sanitize or wash hands before and after contact.

After this item, the business must list common objects shared between the employees and how it plans to ensure the safety of the employees when using the commonly shared objects.

Hygiene and Cleaning

Part II.B. of the template requires businesses to comply with hygiene and cleaning requirements. The business must agree to the following terms:

  • Adhere to hygiene and sanitation requirements from the Centers for Disease Control and Prevention (CDC) and the Department of Health (DOH) and maintain logs on site that document date, time, and scope of cleaning.

After this term, there is space to identify who will maintain the cleaning log and where they will keep it.

  • Provide and maintain hand hygiene stations for personnel, including handwashing with soap, water, and paper towels, or an alcohol-based hand sanitizer containing 60% or more alcohol for areas where handwashing is not feasible. 

Then the business must indicate where on site the appropriate sanitizing products will be located, and how it will promote hand hygiene.

  • Conduct regular cleaning and disinfection at least after every shift, daily, or more frequently as needed, and frequent cleaning and disinfection of shared objects (e.g., tools, machinery) and surfaces, as well as high transit areas, such as restrooms and common areas, must be completed. 

Then the business must describe its policies that will ensure that regular cleaning and disinfecting are occurring on the worksite.

Communication

Part II.C. of the template prompts businesses to comply with communication requirements. The business must agree to:

  • Post signage throughout the site to remind personnel to adhere to proper hygiene, social distancing rules, appropriate use of PPE, and cleaning and disinfecting protocols.
  • Establish a communication plan for employees, visitors, and customers with a consistent means to provide updated information.
  • Maintain a continuous log of every person, including workers and visitors, who may have close contact with other individuals at the worksite; excluding deliveries that are performed with appropriate PPE or through contactless means; excluding customers, who may be encouraged to provide contact information to be logged but are not mandated to do so.

After these items, the safety plan template asks the business to identify the employee(s) that will be in charge of maintaining the log and where it will be located.

This part of the safety plan template concludes by explaining the appropriate protocol that employers must agree to follow when an employee tests positive for COVID-19. Specifically, they must “immediately notify state and local health departments and cooperate with tracing efforts . . . while maintaining confidentiality.” The company must indicate which employee(s) will be responsible for notifying state and local health departments if an employee tests positive for COVID-19.

Part III – Process

Part III of the safety plan template has two sections: “Screening” and “Contact Tracing and Disinfection of Contaminated Areas.”

Screening

Part III.A. of the template addresses mandatory health screenings. Businesses must implement mandatory health screening assessments before employees begin working each day. They must ask workers and essential visitors whether they have experienced:

  1. COVID-19 Symptoms in the 14 days,
  2. a positive COVID-19 test in the past 14 days, and/or
  3. close contact with confirmed or suspected COVID-19 cases in the past 14 days.

The business must document these responses and review them daily.

The safety plan template requires the business to explain its daily health and screening practices. This information should include who will perform the screening practices, how the individuals will be trained, and the necessary PPE equipment the individuals will require.

Contact Tracing and Disinfection of Contaminated Areas

Part III.B. of the template requires businesses to ensure that its employees comply with contact tracing and disinfection requirements. Each business must “Have a plan for cleaning, disinfection, and contact tracing in the event of a positive case.”

Then the template requires the business to describe how it will clean the contaminated areas if an employee tests positive for COVID-19. It must identify which effective COVID-19 products the business needs and how the business plans to acquire them. The company must also identify how it will trace and inform close contacts if an employee tests positive for COVID-19.

Part IV – Other

Part IV of the New York Safety Plan template simply provides space for the business to provide additional information about its specific COVID-19 safety plan. Companies should review applicable industry-specific guidelines to determine what other obligations they must satisfy.

This portion of the template ends by requiring the business to agree that it will stay up to date on industry-specific guidance, by consulting the NY Forward website.

The .pdf version of the NY Forward Safety Plan Template includes links to other government websites providing general information, workplace guidance, personal protective equipment guidance, and cleaning and disinfecting guidance.

What Your Business Should Do Now

If your business is operating now with any on-premises employees, it must have a COVID-19 safety plan in place. You can use the New York safety plan template document or come up with a different format. However, your plan must address the necessary components reflected in state and federal guidelines for reducing the transmission of the novel coronavirus. And you must continue to monitor developments from various governmental authorities to ensure ongoing compliance.

 

Horton Law continues to monitor the evolving reopening requirements for all New York businesses. Sign up for our email newsletter to receive our latest blog posts and announcements of upcoming webinars on this topic. You can also follow us on LinkedIn for even more frequent updates.

Reopening New York Phase 1

Reopening New York – Phase 1

On May 14, 2020, New York Governor Cuomo signed an executive order extending business closures statewide through May 28, 2020, except as reopening is allowed under a previously announced 4-phased rubric. The State is taking a data-driven, highly regulated approach. The timeline for reopening will depend on health metrics within each of the 10 regions of New York. Once reopening in a region begins, it will proceed in four phases in which different industries can reopen to varying degrees. Phase 1 includes several business sectors where companies can more easily limit close person-to-person contact.

The State has issued initial guidance for businesses able to reopen during Phase 1. This information is also crucial for companies that have remained open as essential businesses. They too must satisfy New York’s latest restrictions to continue to operate.

Regional Approach

So far, Governor Cuomo has controlled most aspects of statewide closings. As of May 15, 2020, he is shifting more responsibility to 10 regional “Control Rooms” across the state. Each regional control room has a “Captain” and consists primarily of the top elected leaders of the constituent counties and cities.

These are the 10 regions, with their regional control room captains:

Capital Regional: Major General Patrick A. Murphy
Central New York: Matt Driscoll
Finger Lakes: Bob Duffy
Hudson Valley: Mike Hein
Long Island: Eric Gertler
Mohawk Valley: RoAnn Destito
New York City: Rossana Rosado
North Country: Erik Kulleseid
Southern Tier: Basil Deggos
Western New York: Lt. Governor Kathy Hochul

Within each of these regions, Phase 1 of the reopening plan can only begin after 7 metrics are met. The State has created an online dashboard to track the metrics daily.

According to Governor Cuomo, the Control Rooms can (and should) “dial back” reopening measures if the data heads back in the wrong direction. The Control Rooms will also be responsible for answering questions from companies unsure of what the reopening parameters mean for them.

Phase 1 Industries

New York has identified the following business groups for inclusion in Phase 1 of the reopening process:

  • Construction
  • Agriculture, Forestry, Fishing, and Hunting
  • Retail (Limited to curbside or in-store pickup or drop off)
  • Manufacturing
  • Wholesale Trade

The State’s reopening website lists sub-categories under each of these industry categories. For example, construction specifically includes “land subdivision” as well as nonresidential and residential building construction, among others. And retail includes things like clothing stores, florists, and “direct selling establishments.”

Reopening Guidelines

The State has issued industry-specific reopening guidelines for each of the Phase 1 business groups. This guidance includes both “Summary Guidelines” and a longer “Detailed Guidelines.”

Even the shorter “summary” guidance documents are extensive. They seem to build on federal CDC and OSHA guidance with additional recommendations and requirements designed to keep employees and customers safe from contracting COVID-19.

Businesses that choose to reopen (or remain open if they have already been operating as essential) must review and affirm their compliance with the detailed guidelines for their industry. The guidance documents currently available indicate they are “interim” in nature. Companies must continue to monitor the latest requirements and best practices:

“These guidelines are minimum requirements only and any employer is free to provide additional precautions or increased restrictions. These guidelines are based on the best-known public health practices at the time of Phase I of the State’s reopening, and the documentation upon which these guidelines are based can and does change frequently. The Responsible Parties – as defined below – are accountable for adhering to all local, state and federal requirements relative to [the applicable industry]. The Responsible Parties are also accountable for staying current with any updates to these requirements, as well as incorporating same into any [industry] activities and/or Site Safety Plan.”

The guidance documents also add:

  • “In addition to the following standards, both essential and non-essential businesses must continue to comply with the guidance and directives for maintaining clean and safe work environments issued by DOH.”
  • “Please note that where guidance in this document differs from other guidance documents issued by New York State, the more recent guidance shall apply.”

Guidance Categories

The industry-specific guidelines include sections addressing people, places, and processes.

“People” sub-components include requirements for:

  • physical distancing;
  • gatherings in enclosed spaces;
  • workplace activity; and
  • movement and commerce.

“Places” covers:

  • protective equipment;
  • hygiene and cleaning;
  • phased reopening; and
  • communication plans.

“Processes” relates to:

  • screening and testing; and
  • tracing and tracking.

Employer Plans

All businesses eligible to reopen must develop written safety plans. The State has created a safety plan template that companies may choose to use. Each company must post their safety plan “conspicuously” onsite.

The safety plan template follows the structure of the guidelines using the people, places, and process sections. Each section includes pre-printed requirements along with blanks to add additional company-specific precautions.

The template concludes with an “other” section where businesses can add information.

During Governor Cuomo’s press conference on May 14, 2020, Secretary to the Governor Melissa DeRosa confirmed that companies would not submit these plans for State approval. However, she cautioned that companies will be held to complying with their established plans. In essence, the plans will be used to hold businesses accountable if they do not maintain adequate safety precautions after reopening.

Affirmation

Despite not having to submit their individual safety plans, companies must confirm their review of New York’s reopening guidelines. The detailed industry-specific guidance documents link to an online form that businesses must submit to the State. The form asks the company to indicate which Phase 1 industry they belong to. The person completing the form must enter their name and contact information along with the business name and address.

In submitting the form, the user agrees that:

“I am the owner or agent of the business listed. I have reviewed the New York State interim guidance for business re-opening activities and operations during the COVID-19 public health emergency and I affirm that I have read and understand my obligation to operate with such guidance.”

General Requirements

Though each set of industry guidelines varies in some ways, most/all contain similar basic concepts. Here are some of them:

  • Employers must implement some form of mandatory health screening assessments before employees begin work each day.
  • Employees must maintain 6 feet between each other, unless safety or a core work function requires closer proximity.
  • Employers must provide employees with an acceptable face covering at no cost to employees.
  • In-person gatherings must be limited as much as possible.
  • Signs throughout the worksite must emphasize proper hygiene, social distancing rules, appropriate use of PPE, and cleaning and disinfecting protocols.
  • Companies must maintain logs of all workers and visitors who might have close contact with other individuals at the site.
  • Employers must notify State and local health departments if a worker tests positive for COVID-19 and assist with contact tracing efforts.

All of these items, along with others, appear on the State’s safety plan template.

Top Priorities for Phase 1 Businesses

If your business falls into a Phase 1 industry, you must review the relevant guidance documents. They are available at https://forward.ny.gov/industries-reopening-phase.

Your company must submit the compliance affirmation and prepare and post a written safety plan. Of course, this requires you to evaluate the realities of your operations and modify them accordingly. As the State documents emphasize, these are only the legally-mandated minimum requirements. Governments officials may shut you down or take other action if you are not complying. However, satisfying the State’s guidelines does not guarantee that the coronavirus cannot be spread in your facilities. Moreover, it likely will not provide an absolute defense to possible claims by employees or other individuals that your business is unsafe or that the company is responsible for them contracting COVID-19.

Unfortunately, much is still unknown about this virus and related diseases. Thus, all “best practices” are still uncertain and subject to change. Therefore, your business must continue to monitor the latest developments and adapt accordingly.

 

Horton Law continues to monitor the evolving requirements for all New York businesses. Sign up for our email newsletter to receive our latest blog posts and announcements of upcoming free webinars on this topic. You can also follow us on LinkedIn for even more frequent updates.