Is Your "Life-Sustaining" Business Meeting Its Notice Posting Obligation?

Since Governor Wolf issued his closure order on March 19, certain businesses and industries that were designated as “life-sustaining” have continued their in-person operations. Such businesses have operated pursuant to the required safety procedures set forth in the state Department of Health’s April 15 order. These procedures are part of the extensive guidelines that businesses must follow when re-opening after their counties move from “red” to “yellow” under the state’s re-opening plan. One little-known requirement in the state guidelines requires employers to post a state COVID-19 notice in the workplace.

In particular, “life-sustaining” businesses must print, sign, and post this flyer on their premises in a prominent employee common space and, if the business serves the public, near the business’s public entrance(s). The business’s corporate officer, site manager, site foreperson, or equivalent individual must sign the flyer on the space provided. This signature acknowledges that the business’s ownership or management is aware of the required COVID-19 safety procedures and understands its responsibilities to carry out the procedures. The flyer also contains a space for the business to identify its “Pandemic Safety Officer” or person in charge of the COVID-19 safety procedures for the workplace. Although businesses need not provide a copy of the flyer to the state, they must present the flyer to law enforcement if asked.

Employers who have continued their in-person operations or will be resuming such operations in the coming weeks must be aware of these and other legal obligations. For questions about required safety procedures or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay on top of the labor and employment developments that impact your workplace, follow us on social media and subscribe to our blog.