RBS News

COVID-19 – Reopening Phase One

On April 30, 2020, the Ohio Department of Health issued the “Stay Safe Ohio Order.”   https://coronavirus.ohio.gov/static/publicorders/Directors-Stay-Safe-Ohio-Order.pdf. This Order reopens certain Ohio businesses that were shut down in March as part of the Health Department’s Stay at Home Order and sets additional rules for businesses that have remained open as labeled as “essential.”  

Under the newly issued Stay Safe Ohio Order, beginning May 4, 2020, all of the following businesses may reopen in Ohio:

1. All previous non-essential manufacturing, distribution and construction;
2. General office;

Retail operations may reopen May 12, 2020.  However, currently closed retail establishments and facilities that will restrict their operations to curbside pickup, delivery or appointment only (limited to 10 customers at any one time) can reopen as of May 1, 2020.

In addition, all medical and dental professionals, medical providers and hospitals may also resume operations to perform non-essential surgeries and procedures that were halted on March 17, 2020.  These operations are subject to a myriad of conditions, including, but not limited to following ODH and CDC guidelines, maintaining/monitoring proper PPE equipment, developing procedures for COVID 19 testing, and utilizing telehealth modalities whenever possible.  

All open and newly reopened businesses must allow customers and business visitors to use facial coverings, except for documented legal, life, health or safety or security considerations.  All businesses MUST require all employees to wear “face coverings” with the following limited exceptions:

1. The face covering is prohibited by law or regulation;
2. The face covering violates documented industry standards;
3. The face covering is not advisable for health reasons;
4. The face covering violates the Company’s documented safety policies;
5. There is a functional and practical reason for an employee to not wear a face covering in the workplace;
6. The employee works alone in an assigned area, like an enclosed office.

For businesses that decide one or more of the above exceptions are applicable, a written justification must be developed that explains why an employee is not required to wear a facial covering in the workplace. Further, it must be provided “upon request.”  The Order does not specify who may make such a request so best practices would dictate that it be posted in the workplace and shared generally with employees.  

A “face covering” is a cloth or fabric material that covers a person’s nose, mouth and chin.  The Order does not state whether a face shield would also be acceptable, even though it would also cover an individual’s nose, mouth and chin.  The Order also fails to state whether it is the employer’s responsibility to provide face coverings for employees.  In light of OSHA’s General Duty Clause and this Order, employers should obtain face coverings and provide them to employees who may need them. 

In addition, all businesses are required to continue to maintain social distancing of at least 6 feet for employees, customers and business visitors, with the exception of household/family members.  Employees who can work from home, or who are already working from home should continue to do so.  Public and private gatherings of more than 10 people are prohibited in any setting with the exception of religious facilities and first amendment activities.

Employers are required to provide hand sanitizers and similar products for employees and customers.  Businesses should also attempt to separate operating hours for the elderly and those that are medically vulnerable to COVID 19, while at the same time keeping in mind the applicable non-discrimination laws. 

The following Ohio entities and businesses shall remain closed until further notice:

1. All schools K through 12;
2. Restaurants and bars;
3. Hair salons, day spas, nail salons, barber shops, tattoo parlors, body piercing, tanning, massage therapy and like businesses;
4. Adult day care and vocational habilitation services;
5. Child care facilities/services;
6. All entertainment venues, theaters, gyms, recreation centers, amusement parks, museums, arcades, playgrounds, pools, county clubs, organized sports, campgrounds, etc… 

Last, the Order provides checklists for general and sectorspecific businesses to ensure compliance with the Ohio Department of Health requirements to remain open.  They are set forth below:

General Business Checklist. Strongly encourage as many employees as possible to work from home by implementing policies in areas such as teleworking and video conferencing, subject to the discretion of the employer;

• Actively encourage sick employees to stay home until they are free of fever (without the use of medication) for at least 72 hours (three full days) AND symptoms have improved for at least 72 hours AND at least seven days have passed since symptoms first began. Do not require a healthcare provider's note to validate the illness or return to work of employees sick with acute respiratory illness; healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely way;
• Ensure that your sick leave policies are up to date, flexible, and non-punitive to allow sick employees to stay home to care for themselves, children, or other family members. Consider encouraging employees to do a self-assessment each day to check if they have any COVID-19 symptoms (fever, cough, or sh01iness of breath);
• Separate employees who appear to have acute respiratory illness symptoms from other employees and send them home immediately. Restrict their access to the business until they have recovered;
• Reinforce key messages - stay home when sick, use cough and sneeze etiquette, and practice hand hygiene - to all employees, and place posters in areas where they are most likely to be seen. Provide protection supplies such as soap and water, hand sanitizer, tissues, and no-touch disposal receptacles for use by employees;
• Frequently perform enhanced environmental cleaning of commonly touched surfaces, such as workstations, counte1iops, railings, door handles, and doorknobs. Use the cleaning agents that are usually used in these areas and follow the directions on the label. Provide disposable wipes so that commonly used surfaces can be wiped down by employees before each use; and
• Be prepared to change business practices if needed to maintain critical operations (e.g., identify alternative suppliers, prioritize customers, or temporarily suspend some of your operations).
• Comply with all applicable guidance from the U.S. Centers for Disease Control and Prevention and the Ohio Department of Health regarding social distancing.

Sector Specific Checklist. Businesses and employers, whether currently open or reopening, are to take the following actions:

 1.  Manufacturing, distribution & construction:

• Ensure minimum 6 feet between people, if not possible, install barriers;
• Employees must perform daily symptom assessment that should include taking temperature with a thermometer and monitoring for fever. Also watching for coughing or trouble breathing;
• Require employees to stay home if symptomatic;
• Consider having distributers and guests wear face coverings at all times;
• Require regular handwashing;
• Stagger or limit arrivals of employees and guests;
• Have employees work from home whenever possible; Daily disinfection of desks and workstations;
• Change shift patterns (e.g. fewer shifts);
• Stagger lunch and break times for employees to limit social contact;
• Daily deep disinfection of high-contact surfaces;
• Space factory floor to allow for distancing;
• Regulate max number of people in cafeterias/common spaces;
• Establish maximum capacity for specific areas;
• Immediately isolate and seek medical care for any individual who develops symptoms while at work;
•  Contact the local health district about suspected cases or exposures; and
•  Shutdown shop/floor for deep sanitation if possible.

2.  Consumer, retail & services

• Ensure minimum 6 feet between employees, if not possible, install barriers;
• Employees must perform daily symptom assessment that should include taking temperature with a the1mometer and monitoring for fever. Also watching for coughing or trouble breathing;
• Require employees to stay home if symptomatic;
• Consider having customers wear face coverings at all times;
• Require regular handwashing by employees;
• Place hand sanitizers in high-contact locations;
• Clean high-touch items after each use (e.g. carts, baskets);
• Ensure minimum 6 feet between customers;
• Specify hours for at-risk populations (e.g. elderly);
• Ask customers and guests not to enter if symptomatic;
• Stagger entry of customers and guests;
• Post social distancing signage and disinfect high-contact surfaces hourly;
• Clean merchandise before stocking if possible;
• Establish maximum capacity;
• Discontinue self-service food stations, product samples;
• Food courts remain closed;
• Immediately isolate and seek medical care for any individual who develops symptoms while at work;
• Contact the local health district about suspected cases or exposures; and
• Shutdown shop/floor for deep sanitation if possible.

3.  General office environments

• Ensure minimum 6 feet between employees, if not possible, install barriers;
• Personnel should work from home when possible;
• Employees must perform daily symptom assessment that should include taking temperature with a thermometer and monitoring for fever. Also watching for coughing or trouble breathing;
• Require employees to stay home if symptomatic;
• Consider having customers wear face coverings at all times;
• Require regular handwashing by employees;
• Reduce sharing of work materials;
• Limit travel as much as possible;
• Stagger arrival of all employees and guests;
• Post signage on health safety guidelines in common areas;
• Frequent disinfection of desks, workstations, and high-contact surfaces;
• Daily disinfection of common areas;
• Cancel/postpone in person events when social distancing guidelines cannot be met;
• No buffet in cafeteria;
• Utilize disposable tableware and other materials;
• Establish maximum capacity;
• Immediately isolate and seek medical care for any individual who develops symptoms while at work;
• Contact the local health district about suspected cases or exposures; and
• Shutdown shop/floor for deep sanitation if possible.

If you have any questions or concerns about your particular business or the above requirements, please feel free to contact us anytime.  Workplace posters summarizing the above requirements for business reopening’s can be found and downloaded here: https://coronavirus.ohio.gov/wps/portal/gov/covid-19/responsible-restart-ohio/Sector-Specific-Operating-Requirements/Sector-Specific-Operating-Requirements