Responsible Restart Ohio: New Order Allows Some Businesses to Reopen with New Operating Requirements

On April 30 Governor DeWine issued a new Stay Safe Ohio Order that enacts the first phase in his Responsible Restart Ohio plan that allows certain types of business to reopen under a new set of protocols and mandatory safety requirements.

Safety Requirements Applicable to All Businesses

The Order requires businesses to take “proactive measures…where possible” to comply with social distancing requirements:

• maintaining at least six-foot social distancing from other individuals (designating with signage, tape, or other means when employees or customers are in line)
• washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, (have hand sanitizer and sanitizing products “readily available” for employees and customers)
• covering coughs or sneezes (into the sleeve or elbow, not hands)
• regularly cleaning high-touch surfaces,
• not shaking hands
• implement separate operating hours for vulnerable populations
• post online whether a facility is open and how best to reach the facility and continue services by phone or remotely.

The Order also requires employers to take the following actions:

• Strongly encourage as many employees as possible to work from home.
• Actively encourage sick employees to stay home until they are free of fever (without the use of medication) for at least 72 hours (three full days) AND symptoms have improved for at least 72 hours AND at least seven days have passed since symptoms first began.
• Ensure that your sick leave policies are up to date, flexible, and non-punitive to allow sick employees to stay home to care for themselves, children, or other family members.
• Consider encouraging employees to do a self-assessment each day to check if they have any COVID-19 symptoms (fever, cough, or shortness of breath);
• Separate employees who appear to have acute respiratory illness symptoms from other employees and send them home immediately. Restrict their access to the business until they have recovered;
• Reinforce key messages — stay home when sick, use cough and sneeze etiquette, and practice hand hygiene — to all employees, and place posters in areas where they are most likely to be seen. Provide protection supplies such as soap and water, hand sanitizer, tissues, and no-touch disposal receptacles for use by employees;
• Frequently perform enhanced environmental cleaning of commonly touched surfaces, such as workstations, countertops, railings, door handles, and doorknobs. Use the cleaning agents that are usually used in these areas and follow the directions on the label. Provide disposable wipes so that commonly used surfaces can be wiped down by employees before each use; and
• Be prepared to change business practices if needed to maintain critical operations (e.g., identify alternative suppliers, prioritize customers, or temporarily suspend some of your operations).
• Comply with all applicable guidance from the U.S. Centers for Disease Control and Prevention and the Ohio Department of Health regarding social distancing.

Sector Specific Safety Requirements

The Order also identifies certain sector specific requirements.

Manufacturing, Distribution, and Construction 

• Ensure minimum 6 feet between people, if not possible, install barriers;
• Employees must perform daily symptom assessment that should include taking temperature with a thermometer and monitoring for fever. Also watching for coughing or trouble breathing;
• Require employees to stay home if symptomatic;
• Consider having distributers and guests wear face coverings at all times;
• Require regular handwashing;
• Stagger or limit arrivals of employees and guests;
• Have employees work from home whenever possible;
• Daily disinfection of desks and workstations;
• Change shift patterns (e.g. fewer shifts);
• Stagger lunch and break times;
• Daily deep disinfection of high-contact surfaces;
• Space factory floor to allow for distancing;
• Regulate max number of people in cafeterias/common spaces;
• Establish maximum capacity;
• Immediately isolate and seek medical care for any individual who develops symptoms while at work;
• Contact the local health district about suspected cases or exposures; and
• Shutdown shop/floor for deep sanitation if possible.

General Office Environments

• Ensure minimum 6 feet between employees, if not possible, install barriers
• Personnel should work from home when possible;
• Employees must perform daily symptom assessment that should include taking temperature with a thermometer and monitoring for fever. Also watching for coughing or trouble breathing;
• Require employees to stay home if symptomatic;
• Consider having customers wear face coverings at all times;
• Require regular handwashing by employees;
• Reduce sharing of work materials;
• Limit travel as much as possible;
• Stagger arrival of all employees and guests;
• Post signage on health safety guidelines in common areas;
• Frequent disinfection of desks, workstations, and high-contact surfaces;
• Daily disinfection of common areas;
• Cancel/postpone in person events when social distancing guidelines cannot be met;
• No buffet in cafeteria;
• Utilize disposable tableware and other materials;
• Establish maximum capacity;
• Immediately isolate and seek medical care for any individual who develops symptoms while at work;
• Contact the local health district about suspected cases or exposures; and
• Shutdown shop/floor for deep sanitation if possible.

Consumer, Retail & Services

• Ensure minimum 6 feet between employees, if not possible, install barriers;
• Employees must perform daily symptom assessment that should include taking temperature with a thermometer and monitoring for fever. Also watching for coughing or trouble breathing;
• Require employees to stay home if symptomatic;
• Consider having customers wear face coverings at all times;
• Require regular handwashing by employees;
• Place hand sanitizers in high-contact locations;
• Clean high-touch items after each use (e.g. carts, baskets);
• Ensure minimum 6 feet between customers;
• Specify hours for at-risk populations (e.g. elderly);
• Ask customers and guests not to enter if symptomatic;
• Stagger entry of customers and guests;
• Post social distancing signage and disinfect high-contact surfaces hourly;
• Clean merchandise before stocking if possible;
• Establish maximum capacity;
• Discontinue self-service food stations, product samples;
• Food courts remain closed;
• Immediately isolate and seek medical care for any individual who develops symptoms while at work;
• Contact the local health district about suspected cases or exposures; and
• Shutdown shop/floor for deep sanitation if possible.

Masks

Businesses “must allow” customers and visitors to wear masks except for “specifically documented legal, life, health or safety considerations and limited documented security considerations.” Business “must require all employees” to wear masks unless for one of the documented exceptions allowed under the Order.

Continued Business Closures

The Order includes the continued closure of schools (k-12), restaurants and bars (delivery and carry-out ok), personal appearance/beauty (hair salons, barber shops, tattoo, piercings, massage, and “like businesses”), adult day or vocation habilitation services “in a congregate setting”, adult day care and senior services, child care (except for facilities with a Temporary Pandemic Child Care License), and entertainment/recreation/gymnasiums. Like the previous orders, these closed businesses may continue minimum business operations.

Penalties & Appeals

Like previous orders, this Order will be enforced by local health department officials and local law enforcement and includes a dispute resolution process. A violation of the Order is a second degree misdemeanor, punishable by a fine of up to $750 and up to 90 days in jail.

Conclusion

While businesses are anxious to reopen and return to full operations, the new operating requirements are creating a complex set of procedures and compliance. The Graydon COVID-19 Task Force will continue to monitor COVID-19 orders and guidance so stay safe and know that Graydon is here to help you navigate the Coronavirus crisis. We can help with general advice, policies, forms or whatever your business needs. Our goal is to help you sleep a little better at night.