Additional Safety Measures Announced for Businesses with In-Person Operations

On April 15, 2020, Governor Wolf and Secretary of Health Levine announced a new order, issued by the Department of Health, governing public health safety matters for businesses permitted to maintain in-person business operations under the Governor’s Business Closure Order or pursuant to an exemption thereto.  The order is effective immediately, and will begin being enforced on April 19, 2020 at 8:00 a.m.  The Department of Health Order is attached to this Alert.

The Order is broken into two parts, the provisions that apply to all businesses, and additional provisions that apply to businesses that are open to the public.  Health care providers are excepted from the order.  Key points from the Order include the requirements that all businesses:

• Establish protocols to execute in the event that the business has been exposed to a person who is a probable or confirmed case of COVID-19, including, among other things: identifying employees in close contact with the person and notifying those employees of that close contact while maintaining confidentiality, and implementing temperature screening for each employee before starting work and sending home any employee with a fever of 100.4 degrees or higher.
• Stagger work start times for employees, when practical, to avoid large groups entering or leaving the premises at the same time.
• Limit congregating in common areas, including break rooms, so that appropriate social distancing of at least six feet can be followed.
• Provide masks for employees and make it mandatory for the masks to be worn while at work, except when using break time to eat or drink.  Employers may approve masks made or obtained by employees in accordance with Department of Health guidance.
• Prohibit non-essential visitors from entering the premises.
• Notify employees of the Department of Health workplace safety procedures.
  

In addition, businesses open to the public must:

• If feasible, conduct business with the public by appointment only, and if not feasible, limit occupancy of the premises to no more than 50% of the occupancy permitted on the occupancy permit for the premises.
• Maintain a social distance of six feet at check-out and counter lines, and install shields or other barriers at check-out areas to physically separate cashiers from customers or take other measures to ensure social distancing of customers from cashiers. 
• Require all customers to wear masks while on the premises, and deny entry to any customer not wearing a mask, with limited exceptions for businesses that provide medication, medical supplies, or food, in which case the business must provide alternative methods of pick-up or delivery of such goods.  Customers who cannot wear a mask because of a medical condition, including children under two, can enter the premises without a mask and without providing proof of the medical condition.
• Designate a specific time at least once a week for high-risk and elderly customers to use the business.
• Schedule handwashing breaks for employees at least every hour.
  

Employers must read the entire Order and implement all required safety measures by April 19, 2020 at 8:00 a.m. to avoid violating the law. 

Our office is closed pursuant to the Governor’s Business Closure Order, but MacDonald Illig attorneys are working remotely.  We are available by e-mail or cell phone at any time to assist you with any legal matters. 

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