Tag: COVID-19

Reopening Gyms

New York Phase 4: Reopening Gyms & Fitness Centers

On August 17, 2020, Governor Andrew Cuomo announced that gyms and fitness centers could finally reopen as early as August 24, 2020. However, reopening gyms would not be a simple task in New York. Operators must comply with extensive guidelines, including a mandatory on-site inspection by the local health department.

NYS Guidelines for Reopening Gyms & Fitness Centers

The New York State Department of Health has issued Summary and Detailed Guidelines for reopening gyms and fitness centers. The guidelines include recommended and mandatory procedures for social distancing, protective equipment, hygiene, cleaning, and disinfection, communication, and screening. They also provide pertinent information related to on-site activities and air handling systems.

Covered Businesses

The gym and fitness center guidelines cover a wide range of activities, such as:

  • Fitness activities and facilities that stand alone or are located in a hotel, residence, or office
  • Gyms and fitness centers located in higher education institutions
  • Yoga/Pilates/Barre studios
  • Boxing/kickboxing gyms
  • Fitness boot camps
  • CrossFit or other plyometric boxes;
  • Other group fitness classes (e.g., spin, rowing, and dancing).

Although the guidelines take effect on August 24, 2020, county executives and the Mayor of New York City could delay the effective date until September 2, 2020. If your gym or fitness center has other facets of the business that operate out of the building that you intend to reopen, you will also be required to comply with other applicable industry-specific guidelines from the NYSDOH. Examples include fitness centers or gyms that contain restaurants, snack bars, pools, or childcare centers.

Mandatory Parameters

Gyms and fitness centers cannot exceed 33% capacity, counting both employees and patrons. Outdoor classes and activities are encouraged, to the extent practicable.

Classes or group activities are restricted to the lesser of:

    • A size that permits social distancing of 6 feet between participants and the instructor;
    • A maximum of 33% of a typical class size; or
    • The social gathering limit set by the State, which is currently 50.

Both employees and patrons (who can medically tolerate them) must wear face coverings at all times. Everyone must also socially distance by keeping at least 6 feet apart.

Unlike most other businesses, gyms and fitness centers must be inspected by the local health department before or within 14 days after opening. Local health departments will inspect for compliance with the NYSDOH reopening guidelines.

High-risk activities that require physical contact, such as boxing and martial arts, are still prohibited. Businesses can refer to the separate “Interim Guidance for Sports and Recreation during the COVID-19 Public Health Emergency” to determine the level of risk, and corresponding restrictions, associated with various sports and recreational activities.

Air Filtration

The guidelines establish new standards related to air filtration systems. Gyms and fitness centers that have central air handling systems must use an HVAC filtration system that meets the highest-rated filtration compatible with the currently installed filter rack and air handling system. The minimum is a MERV-13, or industry equivalent or greater (e.g., HEPA), as applicable. A certified professional must document compliance in a written statement.

Facilities that have a central air handling system that cannot handle a MERV-13 or greater filtration system must obtain a statement from a certified professional confirming that the current system would not perform adequately with a higher filtration system. These facilities, along with those who do not control their central air handling systems, must adopt additional ventilation and air filtration mitigation protocols as set forth by the U.S. Centers for Disease Control (CDC) and the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE).

Other Standard Reopening Conditions

As with all other industry-specific guidelines set forth by the NYSDOH, gyms and fitness centers must create and implement a safety plan. The plan must include protocols for conducting health screenings and procedures for obtaining contact information for all employees, patrons, and visitors.

Thus must also develop a communication plan that allows the company to disseminate COVID-19 related information effectively.

What Should New York Gyms and Fitness Centers Do Next?

Gym and fitness center operators must review the guidelines and affirm that they have read, understood, and intend to implement them before reopening. You must prepare a written safety plan and post it on-site along with all other required signage. You must also schedule an on-site inspection with your local health department.

 

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Personal Care Services

New York Phase 3: Reopening Personal Care Services

In Phase 3 of New York’s reopening plan, businesses may resume providing “personal care services.” Activities in this industry group include

  • Tattoo parlors
  • Piercing facilities
  • Appearance enhancement practitioners
  • Massage therapy
  • Spas
  • Cosmetology
  • Nail specialty
  • UV and non-UV tanning
  • Waxing

Hair salons and barbershops could already reopen during Phase 2 under limited industry guidelines. But they may be able to expand their operations in Phase 3.

The industry-specific guidelines for personal care establishments fall into six categories: Physical Distancing; Workplace Activity; Protective Equipment; Hygiene, Cleaning, and Disinfection; Communication; and Screening. Summary Guidelines for personal care services include both Mandatory and Recommended Best Practices. The guidelines indicate that companies must also follow other CDC and DOH recommendations to protect workers and customers and prevent the spread of the coronavirus.

Physical Distancing

All of the personal care services identified above have a 50% occupancy limit for each location. This restriction applies to both personnel and customers. Workstations must be at least 6 feet apart from others, which may require businesses to modify their layout.

Employers must post 6-foot social distancing markers to remind workers and customers to keep space between them. These markings are especially crucial in commonly used areas such as around cash registers, places where employees clock in and out for their shift, locations where health screenings will occur, break rooms, and restrooms. Signs must direct traffic to reduce bi-directional foot traffic within the building and clearly identify exits and entries.

Businesses should implement an “appointment only” policy to control the number of individuals within the building at any one time. The use of waiting rooms is discouraged when possible, and companies should establish designated areas for pick-up and delivery. Customers should remain in their cars or outside until their appointment time.

Your business can find the maximum occupancy limit by locating the certificate of occupancy for each location. If your company is leasing the property, you can contact the landlord to obtain this information. The maximum occupancy applies to all tenants within a multi-unit building. You may need to consult with the building owner to determine what portion of the reduced occupancy limit applies to your business operations.

To comply with the 50% occupancy limit, businesses offering personal care services must consider alternative methods for reducing their workforce. Possible options may include adjusting retail hours, shifts, and schedules to limit occupancy.

Industry-Specific Suggestions

Businesses offering personal care services should consider posting customer instructions, lists for pricing and available services, and any other information that may assist in expediting the visit to the office. For example, tattoo and piercing parlors may want to consider posting their designs online or in a window display.

Nail specialty facilities should remove displays containing nail polish or any other products often handled by customers and clean and disinfect shared objects after each use.

Workplace Activity

Customers must continue to wear face coverings while receiving personal care services, including lip and nose piercing, face massages, facials, and waxing.

Guidance for Tattoo and Piercing Facilities

Businesses that offer tattoos and piercing must use brand new needles on each customer and clean and disinfect tools after each use. Follow the guidelines for cleaning and disinfecting set forth by the New York State Department of Health (DOH), the U.S. Occupational Health and Safety Administration (OSHA), and the Centers for Disease Control and Prevention (CDC).

Businesses offering nail specialty services and waxing must clean and disinfect the following items using an EPA-approved solution after each use:

  • Manicure and pedicure baths and bowls
  • Hand and foot drying tables
  • Wax containers and applicators
  • Towels, finger bowls, and spatulas

The use of disposable gloves is encouraged for mixing and sampling products, cleaning tools, and during application.

Salons that offer spa and massage therapy services must adhere to the following guidelines:

  • Clean and disinfect all rooms, linens, and face cradle covers after each use.
  • Customers must wear face coverings when receiving services and positioned face side up.
  • Close saunas, steam rooms, or any other services that occur in enclosed spaces where it is difficult to maintain social distancing or wear masks.
  • Clean and disinfect tanning beds and booths after each use.

Protective Equipment

All customers must wear face coverings unless they are under two years old or have a medical condition that restricts their ability to wear them.

Employers must provide face coverings to all employees at no cost and clean or replace them when necessary. Employers are also responsible for adequately training employees on how to use face coverings properly while at work. However, employees may wear personal face coverings. Employees must wear face coverings whenever they come within 6 feet of a coworker or customer.

Businesses should eliminate the sharing of objects or equipment. Where that is not possible, they must supply employees with rubber gloves to prevent the transmission of the virus.

Industry-Specific Suggestions

Individuals performing tattoo or piercing services must wear a surgical mask covering their nose and mouth, eye protection, and disposable gloves. The risk of transmission is much higher due to the type of service.

Hygiene, Cleaning, and Disinfection

Businesses offering personal care services must adhere to hygiene and sanitation requirements set forth by the CDC and DOH. These guidelines include providing and maintaining proper hand hygiene stations throughout the building.

Businesses must arrange for frequent cleaning at least after every shift, daily, or more frequently. Companies should pay particular attention to shared objects and surfaces and high traffic areas. This cleaning and disinfecting should be performed using the Department of Environmental Conservation (DEC) products recommended for COVID-19. A daily cleaning log should be maintained on-site and should include the date, time, and scope of cleaning and disinfection. Employees must also be provided with the supplies to clean and disinfect commonly used areas, shared equipment, and worksites before and after each use.

Businesses must perform a deep cleaning and sanitation as frequently as possible. This requirement may require companies to engage the services of a third party specializing in cleaning and disinfecting buildings.

Where possible, companies should increase the circulation of outdoor air while maintaining safety precautions.

Industry-Specific Suggestions

All workstations, reusable tools, and non-disposable instruments must be cleaned and disinfected between each use. There must be adequate time between clients to conduct proper cleaning.

Communication

Every business must develop a COVID-19 safety plan. New York State has created a safety plan template to use as a starting point. However, safety plans must be consistent with the business and facility.

Employers may include additional policies and procedures that will assist with slowing down or eliminating the virus’s transition. Once that is complete, the company must submit an affirmation confirming that they have read, understood, and intend to implement the guidelines.

All employees should be trained on the new protocols and educated on the importance of cleaning and sanitation, as well as the need to respect social distancing guidelines and wear face coverings, when appropriate.

Signs will need to be posted inside and outside of the retail locations to act as a constant reminder to customers and staff of the importance of proper hygiene, social distancing, appropriate use of PPE, and the mandatory cleaning and disinfecting protocols.

You can find many of the required signs on the CDC website. It contains printable posters for businesses to utilize related to the following:

  • How to protect yourself and others in public settings;
  • The importance of wearing face coverings;
  • How to safely wear cloth face coverings;
  • Symptoms of COVID-19 that individuals should look out for;
  • How to stop the spread of germs;
  • Facts about COVID-19; and
  • Hand washing.

Screening & Tracking

All employees and visitors should be subject to a mandatory health screening assessment. This screening should include questions about symptoms and an individual’s contact with COVID-19 patients. Employees must be tested for COVID-19 every 14 days while their Region remains in Phase 3 of the State’s reopening plan.

Screening can also include temperature checking, testing, and the collection of contact information. Companies cannot force customers and delivery personnel to participate in health screening, but should attempt to collect this information if possible. Remote screening before a person comes on-premises is ideal.

For situations involving positive cases or potential exposure, business operators must follow the DOH’s “Interim Guidance for Public and Private Employees Returning to Work Following COVID-19 Infection or Exposure”. The guidance, which is likely to change, includes instructions on how to properly clean and disinfect work areas after learning of a positive case and when employees may return to work after exposure.

Employers must keep a daily continuous log of all employees and visitors that enter the worksite. Where possible, companies should try to collect customer information as well. All individuals entering the building should provide their contact information for purposes of contact tracing. While it is not mandated, businesses should try to collect customer contact information. A communication plan should assign responsibilities for tracking visitors, collecting contact information, conducting mandatory health screenings, and provide clear instructions on how to report positive cases.

Next Steps for New York Businesses Providing Personal Care Services

If your business fall into this Phase 3 category, you must review the industry-specific guidelines and affirm that you have read, understood, and intend to implement them before reopening. You must draft and post a safety plan and put up appropriate signage. You also need a strategy to perform health screenings and assist in contact tracing when required.

Businesses that offer personal care services must designate a safety monitor responsible for ensuring compliance with the company’s safety plan and New York State Guidelines. Employers have to train individuals responsible for conducting the health screening, collecting contact information, performing contact tracing, and notifying the state and local health department of positive tests.

The company must also develop a plan for cleaning, disinfecting, and performing contact tracing if a positive case occurs. Minimum measures should include cleaning and disinfecting all heavy-transit areas and high-touch surfaces.

 

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Reopening Restaurants

New York Phase 3: Reopening Restaurants

Phase 3 of New York’s reopening plan allows restaurants and food service businesses to expand or resume operations. Reopening restaurants encompasses most food service establishments, including food trucks and concessions.

In Phase 1, food service businesses could reopen for takeout and delivery only. In Phase 2, restaurants could host diners in open outdoor seating, with restrictions. Once in Phase 3, they may resume indoor customer seating under State guidelines.

The industry-specific guidelines have been divided into five categories: Physical Distancing; Protective Equipment; Hygiene, Cleaning, and Disinfection; Communication; and Screening. Summary Guidelines for food services include both Mandatory and Recommended Best Practices. The restaurant guidelines also indicate that businesses must follow other CDC and Department of Health recommendations to help protect workers and customers and prevent the spread of the coronavirus.

Interim Guidance for Outdoor and Take-Out/Deliver Food Services During the COVID-19 Public Health Emergency

Interim Guidance for Food Services During the COVID-19 Public Health Emergency

Physical Distancing

All food service establishments are subject to a 50% indoor occupancy limit in Phase 3. This restriction applies to both personnel and customers. To achieve this, employers should consider reducing on-site headcount, adjusting work hours and shifts, prioritizing tasks to focus on those that allow for social distancing, and posting signs that provide clear directions to staff.

Outdoor seating capacity is restricted to the number of tables and seats that can be safely arranged with proper social distancing. Indoor and outdoor tables must be placed at least 6 feet apart. When this is not practical, businesses can install physical barriers between tables that are a minimum of 5 feet in height.

Employees must wear acceptable face coverings at all times. Patrons must wear face coverings unless they are sitting at their table. Everyone at the table must be part of the same party, up to a maximum of 10 people. Customers can sit at a bar or communal tables only if they can maintain 6 feet between them.

Restaurants must post 6-foot social distancing markers to remind workers and customers to keep space between them. These markings are especially crucial in commonly used areas such as cash registers, places where employees clock in and out for their shift, where health screenings will occur, break rooms, restrooms, and take-out windows. Restaurants should mark exits and entries to avoid confusion, ideally reducing bi-directional foot traffic.

Additional Physical Distancing Suggestions

Servers should have specific work areas to avoid unnecessary crossover. Kitchen staff assigned to prepare food, cook during the shift, or clean should be designated to one area for the entire shift. Management should train these employees on ways to reduce physical contact with food, shared surfaces, or other coworkers. If asocial distancing is not practical, restaurants can use physical barriers where it would not negatively affect airflow or block emergency and fire exits.

As in earlier phases, reopening restaurants should continue to enable customers to place takeout orders online or by phone only. Customers should remain in their cars until the food is ready for pick-up and take advantage of contactless orders, delivery, payment, and pick-up procedures.

Protective Equipment

Except when seated at their table, all customers must wear face coverings unless they are under two years old or have a medical condition that restricts their ability to wear them. This requirement applies, for example, for trips to the bar, restroom, outside, or to pay.

Employees must wear face coverings whenever they come within 6 feet of a coworker or customer. Employers must provide face coverings to all employees at no cost and clean or replace them when necessary. However, employees may wear their own face coverings. Employers also must train employees on how to use face coverings properly while at work.

Food service businesses should reduce the sharing of objects or equipment. Where that is not possible, they must supply employees with disposable gloves to prevent the transmission of the coronavirus. Staff should wear disposable gloves when handling food and replace them before switching to a new task. Workers must practice proper hand hygiene when disposable gloves are not being used.

Additional Protective Equipment Suggestions

Operators of food trucks and concessions without running water must require staff to wear disposable gloves, use hand sanitizer, and follow proper federal, state, and local food handling and hygiene requirements.

Hygiene, Cleaning, and Disinfection

Businesses offering food services must adhere to hygiene and sanitation requirements set forth by the Centers for Disease Control and Prevention (CDC) and the Department of Health (DOH). These requirements cover areas of the kitchen where employees may handle food preparation and serve customers, high-touch surfaces and equipment, and indoor and outdoor seating areas.

Restaurants must arrange for frequent cleaning at least after every shift, daily, or more frequently. They should pay particular attention to shared objects and surfaces and high-traffic areas. This cleaning and disinfecting should be performed using the Department of Environmental Conservation (DEC) products recommended for COVID-19. Restaurants must maintain a log that documents the date, time, and scope of cleaning and disinfection.

Restaurants must perform a deep cleaning and sanitation as frequently as possible. They may need to engage the services of a third party specializing in cleaning and disinfecting buildings.

Where possible, restaurants should increase the circulation of outdoor air while maintaining safety precautions–hence, the preference for outdoor seating.

Staff must be provided with hand hygiene stations that include soap, running warm water, and disposable paper towels, as well as an alcohol-based hand sanitizer containing 60% or more alcohol for situations where handwashing is not feasible. Signs near hand sanitizer stations should direct employees to wash visibly soiled hands with soap and water. Restaurants also need to ensure that receptacles for proper disposal of soiled items, including face masks and disposable gloves, are available.

Additional Cleaning Suggestions

Owners of food service establishments should consider switching to disposable menus. Reopening restaurants should also try to reduce the distribution of electronics to customers. These include buzzers used to notify customers that their table is ready and tablets used for digital menus or entertainment during the visit. Hand sanitizer should be readily available to customers, especially in high-touch areas.

Establishments offering take-out and delivery must implement the following:

  • Provide hand hygiene stations for takeout customers.
  • Require all staff to practice proper hand hygiene and use disposable gloves when necessary.
  • Increase ventilation of indoor takeout areas through windows or some other means.
  • Use single-use condiments and sauces whenever feasible. If not, staff must clean condiment bottles and containers after each use.

Communication

Once a reopening restaurant has read and digested the guidelines, it must determine how to implement them. Each business must develop a COVID-19 safety plan. The State has created a safety plan template to use as a starting point. However, each company should have a plan that is consistent with its business and facilities.

Employers may include additional policies and procedures in their safety plan that will assist with slowing down or eliminating the virus’s transition. Once that is complete, the company must submit an affirmation confirming that they have read, understood, and intend to implement the guidelines.

All employees should be trained on the new protocols and educated on the importance of cleaning and sanitation, as well as the need to respect social distancing guidelines and wear face coverings, when appropriate.

Restaurants must have signs inside and outside of the building to remind staff and visitors of the importance:

  • Covering their nose and mouth with a face covering.
  • How to properly store and, when necessary, discard PPE.
  • Adhering to physical distancing instructions.
  • The need to report symptoms of or exposure to COVID-19, and how they should do so.
  • The need to follow hand hygiene and cleaning and disinfection guidelines.
  • Following appropriate respiratory hygiene and cough etiquette.

Many of the recommended signs can be found on the Centers For Disease Control and Prevention website, located here.

Screening & Tracking

A mandatory health screening assessment must be performed on all employees and vendors that visit the worksite. The screening should include questions about symptoms and an individual’s contact with COVID-19 patients. It can also include temperature checking, testing, and the collection of contact information. The guidelines encourage employers to screen staff before they report to work, if possible.

For situations involving positive cases or potential exposure, business operators must follow the DOH’s “Interim Guidance for Public and Private Employees Returning to Work Following COVID-19 Infection or Exposure”. The guidance, which is likely to change, includes instructions on how to properly clean and disinfect work areas after learning of a positive case and when employees may return to work after exposure.

Upon reopening, employers must keep a daily continuous log of all employees and vendors that enter the restaurant. The log should consist of contact information for anyone who had close contact with workers, unless they wore appropriate PPE. Businesses should attempt to collect contact information for customers, but they cannot mandate customers to provide it. Contact information will help facilitate proper contact tracing when necessary.

Food service establishments will be required to notify state and local health departments if a worker tests positive for COVID-19 or has had contact with an infected individual. In the event of a positive case, employers must cooperate with contact tracing efforts while maintaining confidentiality.

What Should New York Restaurants Do Next?

Restaurants and other food service establishments open in Phase 3 must review the industry-specific guidelines and affirm that they have read, understood, and intend to implement them before reopening. You must draft and post a safety plan and post appropriate signage. You also need a strategy to perform health screenings and assist in contact tracing when required.

Each food service business must designate a safety monitor responsible for ensuring the company’s compliance with the safety plan and reopening guidelines. Employers have to train individuals responsible for conducting the health screening, collecting contact information, performing contact tracing, and notifying the state and local health department of positive tests.

All reopening restaurants must also develop a plan for cleaning, disinfecting, and performing contact tracing if a positive case occurs. Minimum measures should include cleaning and disinfecting all heavy-transit areas and high-touch surfaces.

 

For our latest information on reopening restaurants and other businesses, subscribe to our newsletter and follow Horton Law on LinkedIn.