COVID-19 State and Local Updates

 

Updated July 23 @ 8:50 AM

• Wisconsin: Municipalities of Milwaukee, Dane County, Madison and other smaller counties such as Ashland, Bayfield, Glendale and Shorewood enacted ordinances or orders mandating that residents and employees wear masks.
• While each ordinance or order differs in the specific requirements, the requirement to wear a mask applies to all indoor public spaces, including workplaces and outdoor spaces when the ability to maintain a social distance of 6 feet is difficult or impossible.
• Alabama Governor Kay Ivey issued an amended “Safer at Home” order (PDF), adding a facial covering requirement. This facial covering order, which goes into effect on July 16, 2020, at 5:00 p.m., requires (1) facial coverings for individuals; (2) protections for employees; and (3) protections for customers.
• Pennsylvania: July 15, 2020, Governor Wolf and Pennsylvania Secretary of Health Dr. Rachel Levine jointly announced the issuance of an executive order (PDF) that imposes new restrictions on gatherings and businesses for in-person operations. As a targeted mitigation effort in response to recent COVID-19 case increases, the order, which takes effect July 16, 2020, applies statewide, despite the fact that the increase in cases has been overwhelmingly in southwestern Pennsylvania.

 

Updated July 21 @ 8:55 AM

• Virginia Passes First-In-Nation OSHA Standard For COVID-19. This article explains what procedures must be implemented in all open businesses.

 

Updated July 15 @ 5:10 PM

• Michigan: July 9, 2020 Michigan Gov. Whitmer issued Executive Order 2020-145 (PDF), which provides for revised workplace safety rules to protect Michigan workers from COVID-19 and rescinds Executive Order 2020-114.
• Here is also a link to an article with every State's position on wearing face masks.

 

Updated July 14 @ 9:45 AM

• Georgia: Atlanta Mayor Keisha Lance Bottoms just issued an executive order requiring persons within the City of Atlanta to wear face masks in many circumstances
• Massachusetts:  Entered Phase III on July 6th. The Phase III Standards revise the minimum safety standards for office spaces in Massachusetts, addressing the four categories of Social Distancing, Staffing and Operations, Hygiene Protocol, and Cleaning and Disinfecting.
• California: Governor Newsom ordered a reversal of the reopening of certain businesses and activities effectively immediately

 

Updated July 10 @ 9:00 AM

Alabama

• On June 30th, Governor Kay Ivey issued an amended Safer at Home Order (PDF) and amended Proceeding with Caution Info Sheet (PDF) and Flyer (PDF)
• List of All Orders and Guidelines

Alaska

• Phase 3 of Reopen Responsibly Plan
• See this Industry specific Guidance for further information.
• All Health Mandates

Arizona

• Executive Order 2020-43 (PDF) Pausing Arizona's Reopening

Colorado

• Executive Order D 2020-110 (PDF) (face coverings) (6/20/20)
• Accommodations Guidance (PDF)
• Safer at Home Industry Guidance

Connecticut

• Latest Guidance Summarizing Status

Delaware

• Reopening Status and All Guidance
• Announcement re: Pause in Reopening (6/25/20)

District of Columbia

• Announcement re: Phase Two Beginning June 22
• Phase Two Guidelines

Florida

• Executive Order 20-139 (PDF) Phase 2 (6/3/20)

Hawaii

• Roadmap to Recovery issued on June 3rd
• Ninth Supplementary Proclamation (PDF) (6/10/20)

Idaho

• Stages of Reopening
• Announcement re: Pause in Stage 4, Move to Regional Approach (6/25/20)

Illinois

• Confirmation re: Move to Phase Four(6/25/20) and Summary of Changes (PDF)
• Phase 4 Industry-Specific Guidance
• All COVID-Related Executive Orders and Proclamations

Indiana

• Executive Order 20-35 (PDF) Stage 4.5 (7/1/20)

Iowa

• Proclamation (6/25/20)

Kansas

• Announcement re: Expiration of Ad Astra Emergency Declaration (5/26/20)

Louisiana

• Announcement re: Advancement Paused / Remaining in Phase 2 (6/22/20)
• Proclamation 83 JBE 2020 (PDF) (6/25/20) (Pause in Phase 2, Limiting Gatherings)

Maryland

• Executive Order 20-06-11-01 (PDF) (6/11/20)
• Back to Business: Industry-Specific Guidelines for Reopening Businesses

Massachusetts

• Announcement re: Step Two of Phase II Begins June 22 (6/19/20)

Michigan

• Executive Order 2020-110 (PDF) and Executive Order 2020-111 (PDF) (6/1/20)

Minnesota

• Executive Order 20-74 (PDF) (Phase III) (6/5/20)
• Guidance on Safely Reopening Minnesota Businesses

Mississippi

• Executive Order 1500 (PDF) extending and amending Safe Return (6/29/20)

Missouri

• Executive Order 20-12 Phase 2 (6/11/20) and Announcement

Nebraska

• Outline of Phase III Changes (PDF) and Outline of Phase IV Changes (PDF)
• COVID-19 Nebraska Guidance Documents

Nevada

• Announcement re: Pause of Reopening in Phase 2 (6/15/20)
• Announcement re: Extension of Phase 2 (PDF) and Directive (PDF) (6/29/20)

New Hampshire

• Safer at Home Order (PDF) (6/16/20)

New Jersey

• New Jersey FAQ with Reopening Schedule and Guidance and all FAQs

New Mexico

• Announcement re: Pause on Reopening (6/25/20)

New York

• Phase Four Overview and Guidance
• Regional Map (PDF) and Status of Regional Reopening

North Carolina

• Executive Order No. 147 (6/24/20) (Phase 2 extension, face coverings)

North Dakota

• Announcement re: Advancing to Next Phase (5/29/20)

Ohio

• Sector-Specific Operating Requirements
• Announcement re: Orders to be Extended (6/29/20)

Oklahoma

• Announcement re: Entering Phase 3 on June 1(5/29/20)

Oregon

• Phase 2 Guidance
• Announcement re: 3 More Counties to Phase Two (6/17/20)

Pennsylvania

• Responding to COVID-19 Business Guidance Materials
• County Phase Map

Rhode Island

• Announcement re: Phase 3 as of June 30 (6/29/20)
• Posters and More Guidelines are available here.

South Carolina

• Executive Order 2020-40 (PDF) (6/12/20)
• Reopening Guidelines Available from accelerate SC

South Dakota

• Department of Health Employer Recommendations (PDF) and Other Guidance, Checklists, available here

Tennessee

• Tennessee Pledge Business Guidelines (General and Industry)

Texas

• Executive Order GA-28 (PDF) (6/26/20) (Pulling Back on Reopening)
• Full List of Health Protocols

Utah

• Executive Order - Status Update through June 26 (PDF) (6/12/20)
• Executive Order - Rural Counties Advance to Green (PDF) (6/19/20)

Vermont

• ACCD Resource Center: All Sector Specific Guidance
• VOSHA COVID-19 Safety Training

Virginia

• Phase Three Business Guidelines (PDF)
• Executive Order 67 (PDF) Phase Three (6/30/20)

Washington

• All COVID-19 Reopening Guidance for Businesses and Workers
• Announcement re: Pause on Moving Counties into Phase 4 (6/27/20)

West Virginia

• Full Schedule and Guidance for West Virginia Businesses

Wisconsin

• WEDC Industry-Specific Reopen Guidelines

Wyoming

• State Public Health Orders and Guidance, County Orders, County Variances
• Interactive Map of County Variances
• Guidance for Screening Employees (PDF)

 

Updated July 8 @ 1:55 PM

• Iowa, Kansas, Louisiana, Massachusetts, North Carolina, Oklahoma, and Wyoming have adopted laws that limit liability for employers and others from claims relating to COVID-19 exposure
• Massachusetts moves into Phase 3 of its reopening plan on July 6.
• Indiana: Stage 4.5 (PDF), will become effective on July 4 for all counties

 

Updated June 30 @ 11:50 AM

• Pennsylvania: is providing $225 million for grant programs to support small businesses (25 employees or fewer) impacted by COVID-19. Apply here.
• North Carolina extends Phase 2 "Safer at Home" ruling until July 17th through Executive Order 147 (PDF).
• Illinois: Phase 4 will commence on June 26th. Governor JB Pritzker released new guidelines to help businesses and other activities safely reopen.
• Dallas has issued an order (PDF) that “all commercial entities in Dallas County providing goods or services directly to the public must develop and implement a health and safety policy”.
• New York: It is required that all businesses have safety plans in place that contain specific requirements for what to do when an employee tests positive for COVID-19, has symptoms consistent with COVID-19, or is exposed to a COVID-19 positive individual. Guidance can be found here (PDF).
• Massachusetts: moves into Step 2 of Phase 2 of the Four-Phase Reopening Plan. Businesses permitted to reopen in Step 2 can resume operations under their sector-specific guidance. In addition, prior to opening, the business must meet all safety standards, create a COVID-19 control plan, and complete a self-certification.
• Idaho: Stay Healthy Order (PDF) moved the State into Stage 4. However, the Board of Health, ordered (PDF) Ada County to move back to Stage 3 of Idaho’s original reopening process, as of June 24. Executive Order No. 2020-12 (PDF) creating the Idaho Return-to-Work bonus program. This program, intended to provide economic support to aid in Idaho’s recovery from COVID-19
• Colorado has issued guidance and requirements for non-critical manufacturing businesses to reopen safely.

 

Updated June 24 @ 9:30 AM

State Reopening Policies and other Guidance

As businesses are opening back up to normal operations, state, city and local governments want to ensure workers are remaining safe and employers are implementing procedures for illness prevention. Many states are requiring businesses to have a formal written preparedness policy before returning to normal operation. It is important to be aware that in any state, even the ones that do not mandate a formal written policy, guidelines have been established that need to be followed. In addition, companies may be reported as operating unsafely to local or state authorities if no prevention procedures are put in place.

It is in a company’s best interest to create and implement written policies and procedures for how they will re-open safely and responsibly regardless of state mandate in order to keep employees safe and to be able to provide as proof of compliance in the case of a reporting or inspection. PrUA has created a policy template to fulfill this need. It includes sanitation procedures, an operations checklist, training guidance, what to do it an employee shows up sick, and much more. Still, be sure to check with your state for any additional requirements you may need to add to this template to be in state compliance.

Federal

CDC Toolkit for Reopening Business

EEOC issued additional guidance for employers addressing COVID-19 in the workplace

OSHA released guidance (PDF) that provides examples for how employers can incorporate recommended practices for COVID-19 control and prevention into reopening and return to work strategies

Alabama

No requirements for a formal written policy. However, unless otherwise permitted or required by this order, all employers shall take reasonable steps, where practicable as work duties permit, to protect their employees. Find these “reasonable steps” listed in executive order (PDF).

Alaska

No requirements for a formal written policy. However, there is business-type-specific guidance for how businesses can reopen with best practices.

Arizona

Executive Order 2020-36 (PDF) requires all Arizona employers to develop, establish, and implement policies based on guidance from the CDC, Department of Labor, Occupational Safety and Health Administration (OSHA), and the Arizona Department of Health Services (ADHS).

Arkansas

No requirements for a formal written policy. However, there is Guidance for businesses to re-open and the procedures that must be put in place.

Recommended generally (PDF). Employees should be screened for fever, cough, shortness of breath, sore throat, or loss of taste or smell as they are entering the building at the beginning work.

California

Required injury and illness reporting for employees that contract COVID-19. Here are guidelines to follow.

State-wide, all businesses must complete a list of items such as perform a detailed risk assessment and implement a site-specific protection plan. It is also Required for Employers to train employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have symptoms.

San Diego, CA Requires completion of the items on this checklist (PDF).

Bay Area Counties, CA Requires completion of this checklist (PDF).

Colorado

No requirements for a formal written policy. However, it is Required for Employers (PDF) to conduct daily temperature checks at the worksite to the greatest extent possible, or if not practicable, through self-assessment at home prior to coming to the worksite.

Connecticut

No requirements for written response plans, but Connecticut has requirements for cleaning, screening, informing, and training employees, etc.

It is Recommended for employees should take their temperature before they go to work. If they have a temperature above 100.4F, they should stay home.

Delaware

No requirement for a written policy. However, all businesses are required to provide employees to wear face coverings when working in open areas and must provide hand sanitizer to employees.

It is also Required for high-risk businesses (PDF) and recommended for all others: employers must screen each incoming employee with a basic questionnaire (PDF). Division of Public Health Essential Services Screening Policy (PDF). Find the Recovery Phases here.

District of Columbia

No requirements for a formal written policy. However, DC provides recommended “Before you Open” guidance

Florida

No requirements for a formal written policy. However, does have requirements for how open businesses should safely operate.

Georgia

No requirements for a formal written policy. However, it is required for businesses to implement these procedures.

Hawaii

No requirements for a formal written policy. However, there is a list of best practices businesses that are urged to be implemented before/ during reopening.

Idaho

Requires that businesses put protocols in place to ensure responsible and safe re-opening. There are protocols for each of the 3 reopening Stages.

Illinois

No requirements for a formal written policy. However, there is Industry specific toolkits and guidance.

It is Recommended for specified employers to make temperature checks available for employees and encourage their use.

Indiana

No requirements for a formal written policy. However, there are Suggested guidelines for Manufacturing & Industry.

It is Required for Reopening businesses to conduct employee health screenings.

Iowa

No requirements for a formal written policy. See the summary of re-opening phases as well as the full plan of Part 1, Part 2, and Part 3.

Kansas

No requirements for a formal written policy. A testing plan, among other requirements must be in place before re-opening.

It is Recommended for employers to monitor employees' temperatures regularly. The state provides a template screening form for logging symptoms.

Kentucky

All businesses must comply with the directives outlined by the Cabinet for Health and Family Services in order to re-open.

It is Required That all businesses, including those that were permitted to remain open, require employees to undergo daily temperature checks.

Louisiana

No requirements for a formal written policy. However, all businesses must comply with their industry-specific guidelines for re-opening.

Maine

COVID-19 Prevention Checklist is required for Businesses to Reopen. If you are listed as an essential business, you do not have to fill out a checklist or display a badge.

Businesses must work with the Department of Economic and Community Development to develop practical, reasonable, evidence-informed safety protocols and modifications that protect the health and safety of employees and customers. This collaboration will produce “COVID-19 Prevention Checklist identifying best practices to protect Maine people. Once completed, businesses that commit to complying with the requirements on the checklist will be provided a badge to post on their business door or website, their names will also be posted on the DECD website and they will be allowed to open.

Maryland

No requirements for a formal written policy. However, there are many safety requirements for manufacturing to operate safely, including frequently communicating with employees about the procedures in place.

It is Recommended For employers to implement a daily screening process for workers and other personnel which include CDC or MDH recommended health questions and consider temperature testing.

Massachusetts

All manufacturing businesses are required to follow procedures on their industry specific checklist.

Michigan

Must have a COVID-19 response plan before reopening.

It is Required for manufacturing facilities that the employee screening protocol includes temperature screening as soon as no-touch thermometers can be obtained.

Minnesota

It is Required for industrial, manufacturing, and office-based businesses reopening on or after April 27 that a COVID-19 Preparedness Plan is implemented and includes employee health screening procedures. Here is guidance on what the required response plan must include.

It is Recommended that employers consider regular health checks.

Mississippi

No requirements for a formal written policy. However, businesses that were included on the Critical Sector list are required to comply with Centers for Disease Control and Prevention (CDC) and Minnesota Department of Health (MDH) COVID-19 guidelines and OSHA standards.

It is Required for all businesses in specified counties that employers conduct a daily screening of all employees at the beginning of their shifts by asking specified questions regarding symptoms.

Missouri

Businesses must develop an infectious disease preparedness and response plan, including policies and procedures for workforce contact tracing when an employee tests positive for COVID-19.

 Montana

No requirements for a formal written policy. However, it is Required for employers to conduct a health assessment on employees at the beginning of each shift.

All businesses are required to follow the social distancing and sanitation guidelines established in Phase One, and Montanans are strongly encouraged to continue sanitation practices, including hand washing and wearing masks in public places.

Nebraska

No requirements for a formal written policy.

Nevada

Requires employers to perform a Job Hazard Analysis for each task in which a 6 feet apart social distance is not feasible.

New Hampshire

No requirements for a formal written policy. There are 15 Employee Protection Guidelines manufacturers should follow.

New Jersey

No requirements for a formal written policy. However, there is Business guidance for reopening.

New Mexico

No requirements for a formal written policy. However, “Develop a COVID-19 communication plan and provide a forum for answering employee questions and addressing concerns.” is listed under Best Practices for Businesses.

It is Required for all employers to screen employees for symptoms before they enter the workplace each day, verbally or with a written or text/app-based questionnaire.

New York

Each New York business location must adopt and follow a safety plan that outlines how the business will fight the spread of COVID-19. Companies don’t have to submit their plans to any government agency for approval. Businesses must post their plan at each location, if they have multiple. Here is a Safety Plan Template.

It is required that all Phase 1 reopening employers implement mandatory health screening assessments (e.g. questionnaire, temperature check) before employees begin work each day and for essential visitors.

North Carolina

No requirements for a formal written policy. However, there is Guidance for businesses to follow to open safely.

It is Required for businesses open to the public to conduct daily symptom screening of workers, using a standard interview questionnaire of symptoms, before workers enter the workplace.

North Dakota

Companies are required to complete the Workplace Assessment Tool that will help them develop policies and procedures for a safe re-opening.

Ohio

No requirements for a formal written policy. However, there are Requirements for business operations for manufacturing.

It is Required for employees to conduct daily health self-assessments and must not report to work if symptomatic.

Oklahoma

No requirements for a formal written policy. However, the state requires businesses to create plans to allow employees to return to work in phases. Specific guidance can be found here.

Oregon

No requirements for a formal written policy.

Pennsylvania

Requires businesses conducting in-person operations to “Establish and implement a plan in case the business is exposed to a probable or confirmed case of COVID-19”

Rhode Island

All businesses and organizations must complete a COVID19 Control Plan and keep it on file at the business and make it available to RIDOH upon request. A COVID19 Control Plan template is available online.

It is Required for businesses to implement and ensure compliance with screening all individuals entering the establishment at any time for any reason. See full guidance here.

South Carolina

No requirements for a formal written policy.

South Dakota

No requirements for a formal written policy. However, it is Recommended for Employers to ask employees screening questions when they report to work and keep a daily screening log.

Tennessee

Requires businesses to post information for their employees about how to maintain sanitation and prevention practices.

It is Recommended as a "Best practice" for employers to take temperatures on site with a no-touch thermometer each day upon arrival at work.

Texas

El Paso city officials issued a revised local emergency directive (PDF) on June 18, 2020, mandating that all businesses in the city of El Paso must develop and implement a health and safety policy that requires wearing a face mask to help combat the spread of COVID-19. Dallas, Austin, and San-Antonio are also requiring people to wear face masks when out in public.

The State has a Mandatory checklist for reopening manufacturing operations. It is Recommended as a minimum standard health protocol for businesses that are reopening.

Utah

No requirements for a formal written policy. However, it is Recommended for all employers to ensure employees who are, or work with, high-risk populations, undergo daily screening/symptom monitoring. See full recommendations list here.

Vermont

No requirements for a formal written policy. However, there are requirements that all businesses must follow.

Virginia

Phase Two (PDF) began on June 9th.

No requirements for a formal written policy.  However, “creating policies and procedures for the workplace response plan” is listed under best practices.

It is Recommended prior to a shift and on days employees are scheduled to work, that employers screen employees prior to starting work.

Washington

No requirements for a formal written policy. However, there is a list of requirements all manufacturing operations must follow.

It is Recommended that all employers screen everyone who enters their facility, including all employees before the start of each work shift and all visitors.

West Virginia

No requirements for a formal written policy. However, there is a list of guidance for all businesses to follow.

Small businesses are recommended to screen employees for COVID-19 symptoms daily using a series of questions.

Wisconsin

No requirements for a formal written policy. However, the state lists “creating response policies in the workplace” as a best practice.

Wyoming

Wyoming recommends businesses follow OSHA and CDC guidance for reopening.

It is Generally recommended for other employers to screen for symptoms of illness before each shift.

 

Updated June 10 @ 9:50 AM

 

Updated June 9 @ 1:15 PM

 

Updated June 4 @ 9:10 AM

 

Updated June 2 @ 10:10 AM

 

Updated May 29 @ 1:50 PM

• Washington: Safe Start Washington (PDF) (Phase by Phase plan)

 

Updated May 27 @ 9:00 AM

 

Updated May 26 @ 2:30 PM

• Michigan: Safety Workplace Regulation Guidance via Executive Order 2020-91 and Executive Order 2020-92

 

Updated May 21 @ 9:20 AM

• California: City of Los Angeles recently enacted an ordinance requiring employers in certain industries that generated more than $5 million in business in 2019 to rehire laid-off workers before they can hire any new employees.
• Oregon: Employers in certain businesses must require employees, contractors, and volunteers to wear a mask, face covering. See details here (PDF).

 

Updated May 20 @ 9:00 AM

• St. Louis City issued Order #8 (PDF) adopting Phase 1 (PDF) of a re-opening plan with specific guidance for each industry.

 

Updated May 19 @ 9:10 AM

 

Updated May 11 @ 9:30 AM

• Michigan extended its Expiration Date to May 28.

 

Updated April 30 @ 10:50 AM

What you need to know today:

States are starting to reopen. By the end of the first week of May, almost 31 states will have started to reopen non-essential businesses. It is important that when you do reopen, you follow any and all state specific requirements, including social distancing in the workplace, use of face masks, as well as sanitation guidelines. The most up to date listing of the expiration dates for state shelter in place orders can be found here:

We continue to work to bring you the most up to date information on openings as well as state specific requirements. For information on your specific state, please contact us at govtaffairs@sgia.org.

As always, Stay Safe. Stay Healthy.

 

Updated April 29 @ 12:10 PM

States continue to extend their shelter in place orders:

Massachusetts: Gov. Baker extended the state’s stay at home order through May 18

Louisiana: Gov. Edwards extended the state’s stay at home order through May 15

 

Updated April 28 @ 12:45 PM

The good news…States are starting to reopen! With conditions, of course. And, a few are still extending their shelter in place orders. Read on for updates. Questions:  marcik@sgia.org.

Colorado: Gov. Polis issued a new executive order lifting some restrictions on businesses in the state as part of his "back to work" plan. The order allows critical businesses to continue operations with social distancing and mitigation policies. The order asks the Colorado Department of Public Health and Environment to issue additional guidance to prohibit gatherings of 10 or more people (even in private establishments) and advise Coloradans to wear masks outside the home. The public health is expected to be published in the very near future.

The new order allows non-critical retail businesses to offer curbside or delivery services beginning May 1, and for non-critical businesses to resume up to 50% of their in-person activities beginning May 4, as long as they follow mandatory social distancing requirements. The order stays in effect through May 26.

Idaho: Idaho issued its “Idaho Rebounds” plan with a staged reopening protocol that would allow some non-essential businesses to resume service during the first half of May and charge non-essential businesses with developing plans toward reopening in the back half of May if certain public health criterial are met.

Hawaii: Gov. Ige extended until May 31 Hawaii’s stay at home order shuttering businesses in the state except for those determined to be “essential” under the federal CISA guidance. The order includes additional exemptions for manufacturers:

• Manufacture, distribution, and supply chain for critical products and industries. Manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as pharmaceutical, technology, biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, national defense, communications, as well as products used by essential businesses and operations.

Businesses that remain in operation must practice social distancing, maintain separate operating hours for high-risk populations and make “readily available” hand sanitizers and sanitizing products.

Illinois: As previously announced, the Governor extended the state’s stay in place order until May 30^th, with the expectation of additional requirements for businesses who are operating.  Initial, yet unpublished and unfinalized, recommendations may include:

• providing face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;
• staggering shifts;
• reducing line speeds;
• operating only essential lines, while shutting down non-essential lines;
• ensuring that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and
• downsizing operations to the extent necessary to allow for social distancing and to provide a safe workplace in response to the COVID-19 emergency.

Once the recommendations are finalized, we will post the information.

Maryland: Gov. Hogan has released his “Roadmap to Recovery” that outlines the reopening of the state. There is no timetable in place. The plan encourages the continued use of telework where appropriate, and still requires the use of face coverings and masks as well as social distancing for both residents and those operating businesses.

Minnesota: Gov. Walz issued an updated order to allow some non-essential businesses to resume operations, including manufacturers in the state who might not have previously fallen into the “critical manufacturing” definition previously put forth by the state. Businesses that intend to reopen must implement a Preparedness Plan covering how the company will keep sick employees at home, promote telework, enforce social distancing, support hygiene and approach disinfection if necessary. According to the order, senior management responsible for implementing these plans must sign and certify their company’s plan and share it to company employees. A copy of the template plan can be accessed here.

Mississippi: Gov. Tate Reeves signed a “safer at home” order lifting some restrictions in the state, allowing for businesses to continue operating as “essential” under the purposes of the order. The safer at home order encourages those in Mississippi to stay home and requires the cancellation of mass gatherings of more than 10 people.

Businesses that continue operating should practice social distancing, close common spaces “to the extent possible,” and practice sanitization. Non-essential retail businesses are permitted under the new order to operate on a curbside or delivery basis. The order is effective through May 11.

Missouri: The state issued a public health order allowing for a partial reopening of businesses beginning on May 4 as part of Gov. Parsons’s “Show Me Strong Recovery” plan. The order will stay in effect through May 31 and allow for the reopening of non-essential businesses including retail and dine-in restaurants as long as they enforce social distancing and limit capacity to a proportion of square footage as outlined within the order. The new order will apply to all Missouri businesses but has the intention of restarting operations for non-essential companies that have been closed during the stay-at-home order.

Ohio: Gov. DeWine rolled out the “Responsible Restart Ohio Plan” to implement the reopening the following sectors: Consumer Retail & Services; General Office Environments; and Manufacturing, Distribution & Construction. Those in the Manufacturing, Distribution & Construction sector will need to establish 6-foot social distances or barriers in between employees, establish the mandatory wearing of face coverings, and employee-driven health assessments. Note: The stay at home order will remain in place, prohibiting gatherings of more than 10 people.

Pennsylvania: Gov. Wolf outlined a phased reopening plan that identifies in broad terms how operations for businesses might be able to resume. If the state’s current status is “red,” requiring all but life-sustaining businesses to close, the next (“yellow”) phase would allow in-person business operations to resume under the guidance of “Business and Building Safety Orders,” which have not yet been published. We will continue to track the development of these orders, and indications as to whether PA may move toward such a phase after its current stay at home order expires on May 8.

Texas: Gov. Abbott issued an order allowing a partial reopening of businesses in Texas beginning May 1. The order applies to businesses to the extent that they were not previously designated as “essential” during the state’s previous stay in place orders. The order mostly applies to nonessential retail businesses, which are permitted to reopen at 25% of their listed occupancy.

For employers, Texas has provided this checklist (PDF) on safe operations during this stage of the governor’s reopening plan. The governor also lifted travel restrictions for those traveling from Louisiana but kept many in place for travelers from other areas of the country affected by COVID-19, including New York, New Jersey, Connecticut, California, Washington state, Atlanta, Chicago, Detroit, and Miami.

West Virginia: Gov. Justice issued West Virginia’s plan (PDF) for partial reopening, including stages for relaxed restrictions on different business types and sizes.

 

Updated April 27 @ 10:45 AM

What you need to know! States are beginning to open up businesses — with restrictions in place. Essential businesses are being required to institute strict sanitation programs, as well as requiring workers to wear face masks while on premise. Social distancing is also a required practice. If you are open or plan to open, it is highly recommended that you first institute these workplace practices. Both federal and state safety agencies are inspecting workplaces for COVID-19 safety violations.

State Updates:

Michigan: The Governor extended her state's stay-at-home order through May 15. The order allows landscapers and lawn-service companies as well as bike shops and plant nurseries to resume operations as long as social distancing rules are followed. Stores selling nonessential goods must remain closed to in-person shopping but can now fulfill orders for curbside pickup or deliveries.

The new order still broadly prohibits nonessential in-person work and requires, rather than recommends, the wearing of face coverings in public spaces such as grocery stores. Employers are now required to provide non-medical face coverings to employees

 

Updated April 24 @ 12:40 PM

We continue to see states extend their shelter in place orders, and more states are providing information on their strategies to open up for business.  As always, any questions, please contact me at marcik@sgia.org.

Extensions of orders:

• Illinois: Extended order through May 30^th
• North Carolina: Extended order through May 8^th
• New Mexico: Extended order through May 15^th

Reopening Strategies:

Alaska: Gov. Dunleavy issued a health order allowing the limited reopening of nonessential businesses and in-person retail establishments as soon as April 24. The order preempts any local restrictions and requires reopening businesses to practice social distancing, sanitization and other operational limitations as part of this phase.

Idaho: Idaho issued its “Idaho Rebounds” plan with a staged reopening protocol that would allow some non-essential businesses to resume service during the first half of May and charge non-essential businesses with developing plans toward reopening in the back half of May if certain public health criterial are met.

Illinois: In addition to announcing an extension of the state’s stay in place order, Gov. Pritzker introduced new restrictions on manufacturers, including requirements to provide face coverings to employees who cannot practice social distancing, and limiting operations to "essential" lines of production. Language regarding manufacturing includes:

• ESSENTIAL BUSINESSES AND MANUFACTURING: Essential businesses and manufacturers will be required to provide face-coverings to all employees who are not able to maintain six-feet of social distancing, as well as follow new requirements that maximize social distancing and prioritize the well-being of employees and customers. This will include occupancy limits for essential businesses and precautions such as staggering shifts and operating only essential lines for manufacturers.

Montana: Gov. Bullock issued a health directive extending the stay at home order just a few days longer, until April 27, with a plan to reopen some non-essential retail businesses thereafter. Employers are asked to keep common areas closed during this phase of reopening and minimize non-essential travel. The order permits bars and restaurants to begin operating again on May 4^th under strict social distancing standards.

Oklahoma: Gov. Stitt released an “Open Up and Recover Safely” plan that calls for reopening some non-essential retail businesses between April 24 and May 1, with a goal of lifting restrictions further by May 15. Employers in Oklahoma are asked to keep common areas closed, practice social distancing and minimize non-essential travel.

 

Updated April 23 @ 10:50 AM

States continue to roll out plans to reopen businesses, as well as establish requirements regarding social distancing and wearing face masks.  Any questions, please contact me at marcik@sgia.org.

California: San Francisco recently issued a new rule requiring the use of face coverings where other social distancing measures are difficult to maintain. Individuals now must wear a face covering when they are:

• Waiting in line to go inside a store;
• Shopping at a store;
• On public transportation (or waiting for it);
• In a taxi or rideshare vehicle;
• Seeking healthcare;
• Going into facilities allowed to stay open, like government buildings; and
• Working an essential job that interacts with the public

It is expected that other Bay Area counties will establish similar rules and practices.

Texas: Dallas, Bexar (San Antonio) and Travis (Austin) counties are requiring face coverings at work. While Dallas’s order does not specify whose responsibility it is to ensure that affected employees do in fact wear face coverings, Bexar county’s order explicitly states that the employer is responsible for providing face coverings and for training in their use. Similarly, the Travis County order provides that employers shall ensure compliance with the face covering requirements.

Beginning Friday, April 24, non-essential retail services may reopen by utilizing a “retail-to-go” model. That means that goods and services may be provided through pickup, delivery by mail, or delivery to the customer’s doorstep in strict compliance with requirements developed by the Texas Department of State Health Services (DSHS).

The agency has issued guidance for employers, employees and customers of reopened retail services. Based on the recommendations from the Centers for Disease Control and Prevention (CDC), the DSHS mandates that all employees of reopened retailers must:

• Be trained on environmental cleaning and disinfection, hand hygiene, and respiratory etiquette;
• Be screened before entry into the business for new or worsening cough, shortness of breath, sore throat, loss of taste or smell, fever or a measured temperature greater than or equal to 100 degrees Fahrenheit, or known close contact with a person who is lab-confirmed to have COVID-19;
• Wash or sanitize hands upon entering the business premises;
• Wear face coverings; and
• Maintain at least six feet of separation between one another.

 

Updated April 22 @ 11:45 AM

While several states are still extending their orders, other are starting to make plans to reopen their states. Read on for these critical updates.

Extension of orders:

• Pennsylvania: Extended stay at home order for individuals until May 8^th. Extended the requirement for businesses to provide face coverings to employees until May 8^th.

REOPENING Programs:

Colorado: Gov. Polis indicated that the stay-at-home order will expire on April 26^th. He released a "back to work" plan that outlines the conditions under which CO might relax its "stay at home" order to a lesser "safer at home" standard. The relaxation to the lesser standard is dependent on number of new infections and hospitalizations. In reviewing the Governor’s timetable, it appears that even the lesser order will remain in effect until November 2020.

Georgia: Gov. Kemp issued an order lifting some of the stay at home requirements for Georgia beginning April 27 to allow minimum basic operations at some in-person retail locations in the state. These retail operations include fitness centers, bowling alleys, and hair salons, to name a few. Social distancing and other precautions are required. The order continues to exempt from effect of the order essential businesses defined under the federal CISA guidelines.

South Carolina: Gov. McMaster issued an order allowing a series of “non-essential” retail establishments to begin reopening, a step toward gradual reopening of the state. Retail businesses that begin reopening for operations must enforce an occupancy limit of no more than 20% of the establishment and practice social distancing and sanitization practices. Retail stores to begin reopening include:

• (a) Furniture and home-furnishings stores
• (b) Clothing, shoe, and clothing-accessory stores
• (c) Jewelry, luggage, and leather goods stores
• (d) Department stores, with the exception of hardware and home-improvement stores
• (e) Sporting goods stores
• (f) Book, craft, and music stores
• (g) Flea markets
• (h) Florists and flower stores

Tennessee: Gov. Lee has indicated that he would lift the stay at home order for much of the state beginning April 27, and not extend the order in its current form past April 30 except for Shelby, Madison, Davidson, Hamilton, Knox, and Sullivan counties — where the governor said he would work with local public health officials to indicate their own reopening strategies. Further details will be provided as they become available.

 

Updated April 21 @ 9:30 AM

We continue to monitor actions taken by the states. As states start to consider how to reopen businesses, we encourage you to check back often or contact us directly at govtaffairs@sgia.org. Right now, states are continuing to extend their stay in place orders, as well as issue new requirements for those businesses that are operating. As many printing establishments are considered essential businesses based on state stay or shelter in place orders, it is critical that you follow the established policies.

OSHA, as well as state safety and health agencies, are responding to employee complaints received about COVID-19 and workplace protections through both letters and inspections.

As always, any questions or need additional information please contact us!

Extensions of Orders:

• Indiana: Extended until May 1^st

Other Important Updates:

Colorado: Gov. Polis signed a new executive order requiring workers in essential businesses to wear masks or face coverings while working and, when in customer-facing role or handling goods, wear gloves where possible. The order expires on May 17 and mandates the Colorado Department of Public Health and Environment to issue additional guidance. We will continue to follow this issue and provide additional information as it becomes available.

Connecticut: Gov. Lamont signed an executive order requiring individuals to wear face coverings in public, including places of work, when unable to maintain a safe social distance. The order charges Connecticut’s Department of Economic and Community Development to issue guidance on face coverings. The guidance states that employers must issue face coverings to employees, provide them with materials and a CDC tutorial on how to make their own mask, or “compensate employees for the reasonable and necessary costs employees expend on such materials to make their own masks or cloth face covering.” The requirement takes effect on Monday, April 20 and lasts for the duration of the state of emergency.

 

Updated April 20 @ 9:45 AM

The great news that the CISA guidance was updated to specifically include printing and packaging provided a great lift to both the weekend and the industry. We are still working through details as to how this new guidance will be implemented by states that adopted the CISA guidance for their definitions of “essential business.”

Here are a few updates:

Extensions:

• Mississippi:  Extended until April 27^th
• Indiana:  Expected that the order will be extended until May 1^st.

Texas: On April 17, Gov. Abbott established by executive order his “Strike Force to Reopen Texas,” which outlines the governor’s “expectation that it [the stay at home order] will not be extended in its current form” past May 1^st. This does not signal the end of the order but does call on the Strike Force to develop recommendations before May 1 on the gradual return to normal business in Texas.

On April 16, the Dallas County imposed new requirements that individuals who work in essential businesses to wear face masks “to the greatest extent possible” when performing work. Individuals who are patronizing essential businesses or riding mass transit are also required to cover their face, and essential businesses are permitted to turn away patrons who are not wearing face coverings.

Washington: Employers are required to take extra measures to accommodate employees characterized by the Centers for Disease Control and Prevention (CDC) to be at higher than normal risk of severe illness or death if they contract COVID-19. Governor Inslee issued a proclamation prohibiting all Washington employers, both public and private, from failing to provide accommodations to high-risk workers, defined by the CDC as:

• Employees age 65 or older
• Employees with serious underlying health conditions, including:
  • Moderate to severe asthma
  • Heart disease
  • Lung disease
  • Diabetes
  • Chronic kidney disease, undergoing dialysis
  • Liver disease
  • Severe obesity
  • A condition that renders the employee immunocompromised, such as HIV or cancer treatment.

The measures discussed below are triggered only if the high-risk employee requests such an accommodation.  There is no obligation to affirmatively provide accommodations if the employee has not initiated the process.  But the Proclamation also implies that you cannot force a high-risk employee to accept an accommodation such as a reassignment or leave if the employee has not requested an accommodation; the discretion lies with the employee.

Between now and June 12 (subject to extension by the Governor), all employers must take the following steps:

• If a high-risk employee requests to be protected against exposure to COVID-19, you must utilize all available options for alternative work assignments, such as telework, remote work locations, reassignment, and social distancing measures.
• If you determine that a reasonable accommodation of the high-risk employee through alternative work arrangements is not possible, you must permit the employee to take leave if he or she chooses to do so. The employee must be provided the discretion to file for unemployment benefits or to use any accrued company-provided leave (such as sick leave, vacation, or PTO) in any order the employee chooses.
• If the high-risk employee takes a leave of absence and exhausts all of his or her accrued paid time off, you must continue to fully maintain all provided health insurance benefits until the employee can return to work. (You should check with your health insurance plan to ensure that the plan will allow continuation of benefits for an employee on unpaid leave, as that is not always permitted, creating a conundrum for those attempting to comply with the Governor’s mandate).
• Finally, you may not permanently replace any high-risk employee who exercises his or her rights to an alternative work assignment and/or to take leave. (You may, however, still hire temporary employees so long as it does not negatively impact the high-risk employee’s right to eventually return to work. In addition, you still may take employment actions, such as a reduction in force, when no work reasonably exists).

 

Updated April 17 @ 3:35 PM

States continue to issue extensions to the shelter in place orders as well as place additional responsibilities on essential businesses. Read on for specific state updates.

Extensions of Orders:

• Missouri:  Extended order until May 3^rd.  Mayors of St. Louis and Kansas City extended their shelter in place orders until May 15^th
• New York:  Extended order until May 15^th
• Wisconsin:  Extended order until May 26^th

Governors in the states of Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio and Kentucky announced a plan to coordinate on the reopening of the economy following the coronavirus pandemic.

Rhode Island: Governor Gina Raimondo issued an Executive Order which takes effect Saturday, April 18, 2020, requiring that all customer/client-facing businesses and non-profit organizations, all office space businesses and non-profit organizations, and any other business categories determined by the Rhode Island Department of Business Regulation (“DBR”) that are still in operation, provide their employees cloth face coverings to wear while at work. The only exception to the Executive Order are for employees who can easily, continuously, and measurably maintain at least six (6) feet of distance from other employees for the duration of his or her work day. All such employees must wear face coverings in any common areas of the business, including, but not limited to, any entry, exit and common areas of the business, any check-in, registration, or reception area, hallways, bathrooms, break rooms, time clock areas, elevators, and stairways.

Businesses that are still in operation and fit the description of businesses covered by the Executive Order must provide face coverings at their own expense, or the materials for the making of such covering by their employees. Such coverings or materials must be made available staff-wide or individually upon employee request so long as the result is an organization-wide use of face coverings. Employees must also be allowed to fashion their own face coverings if they so determine.

 

Updated April 16 @ 12:05 PM

We continue to follow the states as they take further actions related to the COVID-19 pandemic.

Extensions of Orders:

• Alaska: The Mayor of Anchorage extended his order until May 4^th.
• Idaho:  Extended order until April 30^th. State has imposed a self-quarantine requirement for out-of-state travelers, with exceptions for essential purpose travel.
• Kansas:  Extended order until May 3^rd

This is a new topic area as states are starting to develop plans regarding reopening activities. TO DATE:  No state has lifted its shelter in place order, to the best of our knowledge. This information is provided to keep you updated on all issues related to this pandemic.

• The governors of California, Oregon, and Washington announced their intention to work as a group on lifting stay at home orders and reopening commerce.
• The Governors of Pennsylvania, Delaware, New Jersey, New York, Connecticut, Rhode Island, and Massachusetts have announced their intention to work as a group on lifting stay at home orders and reopening commerce.

State Updates:

Pennsylvania: A new Department of Health order issued April 15 requires businesses that are maintaining operations in Pennsylvania to provide masks for employees to wear during the normal course of daily operations. The order states that businesses that have been approved to continue operations must:

• 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, in accordance with the guidance from the Department of Health and the CDC. Employers may approve masks obtained or made by employees in accordance with Department of Health guidance

The order also imposes additional operational requirements of businesses in Pennsylvania, including staggering work and break start and stop times, limiting access to common areas and enforcing social distancing within break spaces, conducting meetings virtually, providing employees with access to regular handwashing, and prohibiting visits by non-essential persons.

The order also offers detailed requirements of businesses that have been exposed to a person with a probable or confirmed case of COVID-19. Requirements include:

• Closing off and ventilating areas visited by an infected person for 24 hours before disinfecting those areas
• Identifying employees who were in close contact with a possibly infected person, notify them of such, monitor them for symptoms and dispatch them from work if they become sick, and implement CDC Guidance for employees who interacted with an infected person
• Implementation of temperature screenings before work or work shifts, and send home employees with a temperature above 100.4 degrees Fahrenheit

Compliance with the order is due by April 19 at 8:00 p.m., and Gov. Wolf has authorized the following agencies to enforce the order:

• Pennsylvania Liquor Control Board
• Department of Health
• Department of Agriculture
• Department of Labor and Industry
• Pennsylvania State Police
• Local officials, using their resources to enforce closure orders within their jurisdictions

 

Updated April 15 @ 11:00 AM

Based on reports, it appears that states are continuing to implement current shelter in place orders. No new extensions have been issued. SGIA is in the process of updating, if applicable, state unemployment and sick leave information.  Key updates are below:

District of Columbia: The District of Columbia amended the District’s sick leave law (the Accrued Sick and Safe Leave Act of 2008) by creating a new category of “emergency” sick leave for reasons related to the coronavirus pandemic.

The Act also expands the circumstances in which District residents who lost work due to the pandemic can receive unemployment insurance benefits. The Act is effective as of April 10 and will remain in effect for 90 days, but the legislature is expected to take further action that will keep the Act in effect for at least 270 days.

Under the Act, employers with between 50 and 499 employees that are not healthcare providers must provide two full weeks of paid sick leave—up to 80 hours—for employees who need to take leave for any reason for which employees may take leave under the federal Families First Coronavirus Response Act. Employers in the District must notify their employees of their new rights to take leave under the Act and provide the leave to eligible employees who need it.

Washington: The Seattle City Council made sweeping changes to its Paid Sick and Safe Time ordinance to cover additional absences. These amendments appear to remain in effect even when there is no public-health emergency.

The State of Washington has issued emergency rules expanding unemployment benefits available to employees whose hours were reduced or have temporarily been laid off for COVID‑19 related reasons.

Effective March 18, the Seattle amendments to the Paid Sick and Safe Time (PSST) ordinance allow employees working within the Seattle city limits to use PSST for the following additional reasons:

• When an employee’s family member’s school or place of care closes;
• When an employee’s place of business has been closed by order of public official for health-related reasons;
• For employees employed by a business of 250 or more full-time equivalent employees worldwide, when their place of business reduces operations or closes for any health or safety reason. The closure need not be ordered or recommended by a public official; and
• Potentially when public-health officials recommend employees self-quarantine.

Washington state’s law mandates paid sick leave for non-exempt employees. The State of Washington has not yet amended its paid sick time law to include additional reasons related to COVID-19, nor has the Department of Labor and Industries adopted any new regulations. The state has, however, provided helpful guidance related to using Washington paid sick leave for COVID-19 related reasons.

Since early March, Washington’s Employment Security Department (ESD) has been expanding unemployment benefits, including those available through its standby program. The standby unemployment program is a valuable resource for employers who need to temporarily shut down or reduce operations. The program provides employees whose hours are temporarily reduced with access to unemployment benefits, without having to seek other work while they are waiting to be recalled by their current employer.

The ESD extended the number of weeks that employees can be eligible for the standby program from 8 to 12 weeks. In addition, the recently enacted emergency rules grant the ESD the authority to extend access to standby program for additional weeks, if an employer can show extraordinary circumstances. The new emergency rules recognize temporary shutdowns or reductions in operations related to a COVID-19 infection at the place of business as an extraordinary circumstance, to be assessed by ESD on a case-by-case basis.

 

Updated April 14 @ 9:40 AM

We continue to see states extending their original shelter in place orders. The orders do not affect states’ decisions regarding essential business determinations. Here are the latest state updates:

Extension of orders:

• Maryland:  Extended indefinitely
• South Carolina: Extended until April 27^th
• Tennessee: Extended until April 30^th

Illinois: The Illinois Workers’ Compensation Commission (IWCC) issued a proposed emergency rule, effective April 13^th, allowing employees of essential businesses who are diagnosed with COVID-19 to apply for workers’ compensation benefits. The rule would pose challenges for employers to prove that infected individuals contracted the illness outside of the workplace.

New York: Gov. Cuomo signed an executive order requiring employers to provide masks to essential employees who interact with the public. The order requires “any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public.” Also per the order, “Businesses must provide, at their expense, such face coverings for their employees.”

The following provides an update where states’ have changed or issued new orders that could impact the printing industry.

• Maryland: Larry Hogan on March 30 updated his stay in place order in a way that continues to adopt the federal CISA guidance for “essential” businesses exempted from the order. Additional guidance from the governor’s Office of Legal Counsel clarifies that barring curbside pickup for non-essential businesses is a major impact of this order. The governor’s spokesman clarified via Twitter that employers should determine for themselves whether they should continue operations, and if necessary, produce letters for employees explaining their activities.
• Tennessee: On March 30, Tennessee Governor Bill Lee issued Executive Order No. 22 providing safer at home guidelines in every Tennessee county to further mitigate the spread of COVID-19. His Executive Order does include exemptions for manufacturing:
  “Manufacturing, distribution and supply chain for critical products and industries. This includes but is not limited to: manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as pharmaceutical, technology, bio technology, healthcare, chemicals, sanitation, waste pick up and disposal, agriculture and agricultural products, food and beverage, household consumer products, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, Defense and National Defense, and communications, as well As products used by or component parts of other Essential Services.”
• Texas: On March 30, Gov. Abbott signed several executive orders requiring visitors from certain geographies with high outbreaks of COVID-19 to subject themselves to a mandatory, 14-day self-quarantine upon arrival in Texas. The Order addresses visitors from:  New York, New Jersey, Connecticut, Louisiana California, Washington state, Atlanta, Chicago, Detroit and Miami. The Texas Department of Public Safety has been ordered to enforce a mandatory border quarantine for those arriving from Louisiana. The order does exempts from quarantine those who are traveling for commercial activity or working in critical infrastructure.  It is recommended that companies ensure that all essential workers have their company ID and a credential or letter indicating that they are an essential worker for that specific company as specified by the federal CISA guidance.
• Virginia: On March 30, Gov. Northam issued a stay in place order that does not impact an earlier Executive Order regarding operation of essential, or critical, manufacturing.
• West Virginia: On March 30th Gov. Justice issued an executive order that directs people who have traveled to West Virginia from hot spots such as New York, Connecticut, Louisiana, Italy or China to quarantine for 14 days if they travel to the state. In fact, anyone traveling into West Virginia from a high-risk area has been directed to self -quarantine for 14 days.
  In regards to specific language on travel exemptions, it states: This measure does not apply to any commercial activity, including without limitation commercial trucking activities and individuals who commute into or out of state for work, persons performing any emergency, health, military, or infrastructure response activities necessitating travel into the state, or persons otherwise engaged in and traveling for Essential Businesses and Operations.