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On April 15, 2020, the Secretary of the Pennsylvania Department of Health issued an Order establishing detailed protocols for social distancing, mitigation, and cleaning for all Pennsylvania businesses that are maintaining in-person operations. The protocols include requirements that all employees and customers wear masks; that companies provide masks for workers; and that companies deny entry to customers who are not wearing masks.  The Order becomes effective at 8:00 p.m. on Sunday, April 19.

More specifically, the Order requires businesses with in-person operations to:

(1)     Clean and disinfect high-touch areas routinely in spaces that are accessible to customers, tenants, or other individuals;

(2)     Maintain pre-existing cleaning protocols established by the business for all other areas of the building;

(3)     Establish a response procedure upon discovery that the business has been exposed to a person who is a probable or confirmed case of COVID-19, including:

a.  Close off areas visited by the person who is a probable or confirmed case of COVID-19. Open outside doors and windows and use ventilation fans to increase air circulation in the area. Wait a minimum of 24 hours, or as long as practical, before beginning cleaning and disinfection. Cleaning staff should clean and disinfect all areas such as offices, bathrooms, common areas including but not limited to employee break rooms, conference or training rooms and dining facilities, shared electronic equipment like tablets, touch screens, keyboards, remote controls, and ATM machines used by the ill person, focusing especially on frequently touched areas;

b.  Identify employees that were in close contact (within about six feet for about 10 minutes) with a person with a probable or confirmed case of COVID-19 from the period 48 hours before symptom onset to the time at which the patient isolated;

1. 1. 1. 1. 1.  If the employee remains asymptomatic, the person should adhere to the practices set out by the CDC on April 8: https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html
            2. If the employee becomes sick during the work day, the person should be sent home immediately. Surfaces in the employee’s workspace should be cleaned and disinfected. Information on other employees who had contact with the ill employee during the time the employee had symptoms three and 48 hours prior to symptoms should be compiled. Others at the workplace with close contact within six feet of the employee during this time would be considered exposed;
            3. Promptly notify employees who were close contacts of any known exposure to COVID-19 at the business premises, consistent with applicable confidentiality laws;
            4. Ensure that the business has a sufficient number of employees to perform the above protocols effectively and timely;

c. Implement temperature screenings before an employee enters the business, prior to the start of each shift or before the employee starts work, and send employees home that have a temperature of 100.4 or higher;

d. Employees who have symptoms (i.e., fever, cough, or shortness of breath) should notify their supervisor and stay home;

e.  Sick employees should follow CDC-recommended steps. Employees should not return to work until the CDC criteria to discontinue home isolation are met, in consultation with healthcare providers and state and local health departments. Employers are encouraged to implement liberal paid time off for employees who do not return to work as set forth above.

(4)     Stagger work start and stop times for employees when practicable to prevent gatherings of large groups entering or leaving the premises at the same time;

(5)     Provide sufficient amount of space for employees to have breaks and meals while maintaining a social distance of six feet, and arranging seating to have employees facing forward and not across from each other;

(6)     Stagger employee break times to reduce the number of employees on break at any given time so that appropriate social distancing may be followed;

(7)     Limit persons in employee common areas (such as locker or break rooms, dining facilities, training or conference rooms) at any one time to maintain a social distance of six feet;

(8)     Generally conduct meetings and trainings virtually (i.e., by phone or through the internet). Meetings that must be held in person should not exceed 10 employees;

(9)     Provide employees access to soap, hand sanitizer, and disinfectant wipes and ensure that common areas are cleaned on a regular basis;

(10)   Provide masks for employees to wear during their time at the business, and make it a mandatory requirement to wear masks while on the work site, except to the extent an employee is using break time to eat or drink.  Employers may approve masks obtained or made by employees in accordance with Department of Health guidance: https://www.health.pa.gov/topics/Documents/Diseases%20and%20Conditions/Homemade%20Mask%20Guidance.pdf;

(11)   Ensure that the facility has a sufficient number of employees to perform all measures listed effectively and in a manner that ensures the safety of the public and employees;

(12)   Ensure that the facility has a sufficient number of personnel to control access, maintain order, and enforce social distancing of at least six feet;

(13)   Prohibit non-essential visitors from entering the premises of the business; and

(14)   Ensure that all employees are made aware of these required procedures by communicating them, either orally or in writing, in their native or preferred language, as well as in English or by a methodology that allows them to understand.

Failure to comply could result in citations, fines or license suspensions.

In addition to the above requirements, the Department of Health identified various measures for businesses (other than health care providers) that serve the public within a building or a defined area, including:

(1)     Where feasible, businesses should conduct business with the public by appointment only. To the extent that this is not feasible, businesses must limit occupancy to no greater than 50% of the number stated on its certificate of occupancy a social distance of six feet at check-out and counter lines, and must place signage throughout each site to mandate social distancing for both customers and employees;

(2)     Alter hours of business so that the business has sufficient time to clean or to restock or both;

(3)     Install shields or other barriers at registers and check-out areas to physically separate cashiers and customers or take other measures to ensure social distancing of customers from check-out personnel, or close lines to maintain a social distance between of six feet between lines;

(4)     Encourage use of online ordering by providing delivery or pick-up options;

(5)     Designate a specific time for high-risk and elderly persons to use the business at least once every week if there is a continuing in-person customer-facing component;

(6)     Require all customers to wear masks while on premises, and deny entry to individuals not wearing masks, unless the business is providing medication, medical supplies, or food, in which case the business must provide alternative methods of pick-up or delivery of such goods; 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;

(7)     In businesses with multiple check-out lines, only use every other register, or fewer. After every hour, rotate customers and employees to the previously closed registers. Clean the previously open registers and the surrounding area, including credit card machines, following each rotation;

(8)     Schedule handwashing breaks for employees at least every hour; and

(9)     Assign an employee to wipe down carts and handbaskets before they become available to each customer entering the premises.

Please feel free to get in touch if you have any questions concerning these new requirements.

John L. Senft, Esquire