The Lehigh Valley Has Reached the "Yellow" Phase. Now What?
By the time you are reading this, the Lehigh Valley (along with its neighbor counties) has moved into the “yellow” phase of the Commonwealth’s re-opening plan. After more than two months of being in the “red” phase, when only “life-sustaining” businesses were allowed to operate in person, many businesses are finally able to resume their in-person operations. This is, without question, an encouraging development.
Nevertheless, employers in areas that have finally turned “yellow” must remember that there are many operating requirements that they must follow. In particular, businesses that are resuming in-person operations must abide by 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 to 25 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.
In addition, as we noted in a prior blog post, employers that are resuming their in-person operations must print, sign, and post a flyer on COVID-19 safety procedures in a prominent employee common space. Employers should also create and issue a Pandemic Response Plan to employees that addresses critical issues, including the steps that are being taken to ensure a safe and healthy workplace.
Although many employers are eager to get back to business, they must be sure that they follow critical health and safety guidelines when doing so. 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.