"Life-Sustaining" Businesses Face New Operating Requirements

On April 15, 2020, the Pennsylvania Department of Health (“DOH”) issued an order placing additional requirements on “life-sustaining” businesses whose in-person operations have been allowed to continue under Governor Wolf’s March 19, 2020 closure order.  Although the DOH’s order goes into effect immediately, enforcement will not begin until 8:00 p.m. on April 19, 2020.  As is the case with Governor Wolf’s closure order, penalties for noncompliance can include citations, fines, or license suspensions.

The DOH’s order requires “life-sustaining” businesses, other than health care providers, to implement the following protocols:

  • Maintaining pre-existing cleaning protocols and routinely cleaning and disinfecting high-touch areas pursuant to guidelines issued by the U.S. Centers for Disease Control and Prevention (“CDC”) in spaces that are accessible to customers, tenants, or others;

  • Establishing protocols for execution upon discovery that the business has been exposed to a person who is a probable or confirmed case of COVID-19;

  • Staggering work start and stop times when practicable to prevent large groups of employees entering or leaving the work site at the same time;

  • Providing sufficient space for employees to have breaks and meals while maintaining a social distance of 6 feet, including limiting the number of employees in common areas and setting up seating to have employees facing forward and not across from each other;

  • Staggering employee break times to reduce the number of employees on break at any given time so that social distancing may be followed;

  • Limiting the number of individuals in common areas (e.g., locker rooms, break rooms, dining facilities, training rooms, conference rooms) at any one time so that social distancing may be followed;

  • Conducting trainings and meetings by phone or by internet, but if a meeting must be held in person, limiting the number of attendees to 10 so that social distancing may be followed;

  • Providing employee access to regular handwashing with soap, hand sanitizer, and disinfectant wipes and ensuring that common areas are cleaned on a regular basis, including between shifts;

  • Providing masks (or approving masks obtained or made by employees) that employees must wear while at the work site, except to the extent that an employee is using break time to eat or drink, in accordance with guidance from the DOH and the CDC;

  • Ensuring that the work site 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;

  • Ensuring that the facility has a sufficient number of personnel to control access, maintain order, and enforce social distancing;

  • Prohibiting non-essential visitors from entering the premises; and

  • Ensuring that all employees are made aware of these procedures by communicating them, either orally or in writing, in their native or preferred language, as well as in English or by a method that allows them to understand.

The DOH’s order also implements additional protocols for “life-sustaining” businesses, other than health care providers, that serve the public within a building or defined area.  These protocols include:

  • Requiring all customers to wear masks while on premises and denying 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;

  • Scheduling handwashing breaks for employees at least every hour;

  • Installing shields or other barriers at registers and check-out areas to physically separate cashiers and customers or taking other measures to ensure social distancing of customers from check-out personnel; and

  • Designating a specific time for high-risk and elderly persons to use the business at least once a week if there is a continuing in-person customer-facing component.

Despite the limited timeframe, “life-sustaining” businesses in Pennsylvania must evaluate what steps must be taken to comply with the DOH’s order.  For questions about this or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac.  To stay updated on the key labor and employment developments that affect your workplace, subscribe to our blog and follow us on social media.

George Hlavac