HARRISBURG — To continue to limit the spread of COVID-19, Governor Tom Wolf today provided guidance that details procedures businesses must follow to conduct in-person operations in counties slated to move to the yellow phase of reopening on May 8. All businesses, including non-profits, permitted to conduct in-person operations are subject to this guidance. This guidance is based on the building safety and business safety orders, under which nearly all life-sustaining businesses have been operating during the red phase.
“Businesses in the 24 counties that may reopen beginning May 8 must take precautions to protect their employees, their employees’ families, and their communities,” Wolf said. “First and foremost, businesses that have been operating using telework must continue to do so to prevent the spreading of COVID-19 until the stay-at-home and business closure orders are fully lifted when we enter a “green” phase.
“All businesses, but especially those that were closed completely during the red phase under the business closure orders, need to carefully review this guidance and commit to ensuring the health and safety of their employees and their communities.”
Under the yellow phase of reopening, life-sustaining businesses that could not conduct either all or part of their operations via telework will continue to conduct their operations in-person, and many non-life sustaining businesses will be permitted to restart their in-person operations through the loosening of some restrictions under the stay-at-home and business closure orders.
In counties that have been designated as in the yellow phase, all businesses, except those categories specifically listed as remaining closed in the governor’s Plan to Reopen Pennsylvania, are permitted to conduct in-person operations, as long as they strictly adhere to the requirements of the guidance.
The guidance includes specific information on cleaning and disinfecting premises, limiting the number of employees in common areas and customers on premises, providing masks and sanitizing supplies for employees, installing shields or other barriers at registers and checkout areas to physically separate cashiers and customers, and creating a plan in case a business is exposed to a probable or confirmed case of COVID-19, among other provisions.
The full guidance can be found on the governor’s website, governor.pa.gov
Businesses that have questions about whether this guidance applies to them may contact the Department of Health at 1-877-PA-HEALTH (1-877-724-3258).
GUIDANCE FOR BUSINESSES PERMITTED TO OPERATE DURING THE COVID-19 DISASTER EMERGENCY TO ENSURE THE SAFETY AND HEALTH OF EMPLOYEES AND THE PUBLIC PURPOSE
The virus that causes the Coronavirus 2019 Disease (“COVID-19”) is easily transmitted, especially in group settings, and it is essential that the spread of the virus be slowed to safeguard public health and safety. COVID-19 can be transmitted from infected individuals even if they are asymptomatic or their symptoms are mild, such as a cough. It can also be spread by touching a surface or object that has the virus on it and then touching your mouth, nose or eyes. This guidance document addresses the procedures businesses must follow to limit the spread of COVID-19 to the extent they are permitted to conduct in-person operations. As discussed more fully below, businesses operating in counties designed as in the Red Phase or Yellow Phase, are subject to this guidance.
In counties designated as in the Green Phase, the orders underlying this guidance will be lifted, and businesses will no longer be required to follow this guidance. First and foremost, businesses that have been operating remotely through individual telework of their employees must continue to telework to prevent the spreading of COVID-19 until the stay at home and business closure orders are fully lifted.
However, certain life-sustaining businesses that cannot conduct either all or part of their operations via telework have been permitted to conduct in-person operations, and certain non-life sustaining businesses are being permitted to restart their in-person operations through the loosening of some restrictions under the stay at home and business closure orders.
Businesses in the Commonwealth that are permitted to conduct in-person operations during the disaster emergency must take precautions to protect their employees, their employees’ families, and their communities as a whole.
Businesses that are permitted to maintain in-person operations are those that are permitted to operate under the Governor’s and Secretary’s Non-Life Sustaining Business Closure Orders (as amended), an exemption from those Orders, or any subsequent applicable Order or amendment to those Orders from the Governor and Secretary.
All businesses (including those businesses whose in-person operations were originally closed and later permitted to reopen) conducting in-person operations must review this guidance and commit to ensuring the health and safety of their employees and the public.
BUSINESSES SUBJECT TO THIS GUIDANCE
All businesses in all industries and sectors of the economy (including non-profit entities), in the Commonwealth, that are permitted to conduct in-person operations, are subject to this guidance
✓ Prevent large groups from entering or leaving the building by staggering work start and stop times;
✓ Limit the number of people in employee common areas, like locker rooms or break rooms, and ensure these areas are cleaned frequently;
✓ Conduct meetings and trainings virtually. If a meeting needs to be held in person, limit the number of employees to 10 and maintain a social distance of six feet;
✓ Make sure employees have access to soap and water to wash their hands, hand sanitizer and disinfectant wipes;
✓ Provide non-medical masks for employees to wear at all times and make it mandatory to wear masks while on the work site. Employers may approve masks obtained or made by employees according to Department of Health policies;
✓ Make sure the facility has enough employees as applicable to follow these protocols and conduct business effectively and safely;
✓ Discourage non-essential visitors from entering the business premises;
✓ Communicate these procedures to all employees to ensure that everyone knows how to be safe.
PROTECTING EMPLOYEES IN THE COMMONWEALTH THAT SERVE THE PUBLIC
Any business that serves the public inside a building or other defined area must follow the above guidance and take the additional precautions listed below:
✓ Conduct business with the public by appointment only, whenever possible;
✓ If appointment-only service is not feasible, limit the number of people inside the building to no more than 50% of the total maximum occupancy;
✓ Modify the hours of business so that there is enough time to clean and restock;
✓ Install shields or other barriers at registers and check-out areas to physically separate cashiers and customers, or take other measures to maintain social distancing between customers and employees;
✓ Encourage customers to use online ordering by providing delivery or pick-up options;
✓ Designate a specific time for people at high risk, including those over the age of 65 to use the business at least once a week;
✓ Require all customers to wear masks while on the premises. Businesses that provide medication, medical supplies or groceries must provide an alternate, no contact, means of delivering goods for customers who cannot wear a mask.
–However, individuals who cannot wear a mask due to a medical condition (including children under the age of 2 years per CDC guidance) may enter the premises and are not required to provide documentation of such medical condition
✓ In businesses with multiple check-out lanes, limit use to every other register. After every hour, rotate customers and employees to the previously closed registers and clean the previously open registers and the surrounding areas;
✓ Schedule handwashing breaks for employees at least every hour; and
✓ Assign an employee to wipe down carts and handbaskets before the customer uses it.
No business is required to conduct in-person operations, and should not do so if the business is unable to do so in accordance with this guidance. Businesses permitted to conduct in-person operations that are unable or unwilling to comply with these requirements may engage in curbside delivery to customers so long as strict social distancing and other mitigation measures are followed. Businesses serving the public that inherently involve close contact with customers, and therefore cannot attain social distancing, are not permitted to conduct in-person operations until the county in which the business is located transitions to the Green Phase, when the building safety and business safety orders are lifted.
STATE AND LOCAL GOVERNMENTS
Local political units were not explicitly required to suspend in-person operations under the business closure orders issued by the Governor and the Secretary on March 19, 2020. However, they were advised to curtail inperson operations to the extent practicable and to follow COVID-19 mitigation guidance provided by the Department and the CDC.
Similarly, local political units are not required to follow the Secretary’s building and business safety orders; however, they are advised to implement the protocols that it outlines to the extent practicable.
Although the Commonwealth is not a business that is directly covered by this guidance, Governor Wolf has chosen to implement the practices outlined here where possible as an example for other employers and employees in the Commonwealth.
Local political units should use best judgment in exercising their authorities and issuing implementation directives and guidance. All such decisions should appropriately balance public health and safety while ensuring the continued delivery of critical services and functions. Government employees and contractors should continue to operate under the direction of their supervisors.
FURTHER GUIDANCE AND SUPPORT
Businesses that have questions about whether this guidance applies to them may contact the Department of Health at 1-877-PA-HEALTH (1-877-724-3258). Answers to frequently asked questions (FAQs) involving application of the business safety order are available here. In addition, answers to frequently asked questions (FAQs) involving the construction industry specific guidance are available here. Help is available for people who are struggling with their mental or emotional health or feeling anxious or overly stressed. Contact the Crisis Text Line by texting PA to 741-741. The Administration recognizes the difficulty of procuring materials businesses need to safely resume operations. If assistance is needed to locate masks and other supplies to carry out these required safety procedures, please visit DCED’s Business2Business Interchange.
REMINDERS TO CONTAIN THE SPREAD OF COVID-19: SOCIAL DISTANCING AND OTHER REQUIREMENTS
When people need to leave their places of residence in connection with allowable individual activities, allowable essential travel, or by virtue of exemption from this policy, the Department of Health strongly encourages individuals to abide by the following social distancing requirements to:
• Maintain a distance of at least six feet from other individuals;
• Wash hands with soap and water for at least 20 seconds as frequently as possible, or use hand sanitizer if soap and water are not available;
• Cover coughs or sneezes with a sleeve or elbow, not hands; Do not shake hands;
• Regularly clean high-contact surface areas;
• When sick, stay at home;
• Do not gather in groups larger than 25 people, including for business meetings or events.