What Does It Mean Now That We're "Going Green"?
On Friday, June 19, 2020, Governor Wolf announced that Lehigh and Northampton Counties will be entering the “green” phase of the Commonwealth’s re-opening plan on Friday, June 26, 2020. This is a positive milestone for the community, especially for businesses that were not previously allowed to re-open in any capacity during the “red” and “yellow” phases – such as bars, gyms, barbershops, hair and nail salons, spas, casinos, theaters, and shopping malls. Although these businesses will be subject to occupancy restrictions, there are many people who are looking forward to patronizing them.
For most employers that remained open during the “red” phase or re-opened when the Lehigh Valley entered the “yellow” phase several weeks ago, the move to “green” does not bring many significant changes. In the “green” phase, businesses must still continue to follow the guidelines set forth in the Commonwealth’s May 4, 2020 Guidance, which incorporates the Department of Health’s April 15, 2020 Order. As we have previously discussed, under these directives, businesses must take various health and safety measures in the workplace, including, but not limited to:
Implementing cleaning and disinfecting protocols;
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;
Limiting the number of individuals in common areas (e.g., locker rooms, break rooms, dining rooms, 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 so that social distancing may be followed; and
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.
The biggest change stemming from the transition to “green” for these businesses pertains to telework. Although telework was to continue “where feasible” under the “yellow” guidelines, it is now “strongly encouraged” under the “green” guidelines.
As we move into the “new normal,” employers must be sure that they continue to follow critical health and safety guidelines. For questions about this or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on the key labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.