CLIENT ALERT: Phase One Reopening for Massachusetts Employers

Governor Baker released a four-phased opening to Massachusetts, titled Reopening Massachusetts.  Each phase will last, at a minimum, three weeks, and could last longer before moving to the next phase. If public health data trends are negative, specific industries, regions, and/or the entire Commonwealth may need to return to an earlier phase.

Below is a summary of Phase One for Massachusetts employers:

Phase One Timeline:

The following businesses may open according to this timeline:

May 18:

  • Manufacturing

  • Construction

  • Places of Worship (outdoor worship encouraged)

May 25:

  • Lab spaces 

  • Office space outside of Boston (Remote work still encouraged)

  • Limited personal services

    • Hair salons 

    • Pet grooming 

    • Car Wash 

  • Retail (remote fulfillment and curb side pickup only)

June 1: 

  • Office space: Boston

Phase One Requirements:

In order for a business to open in Phase 1, the business must do the following (Templates of these forms are also available at https://www.mass.gov/info-details/reopening-massachusetts):

  1. Develop a written COVID-19 Control Plan outlining how the business will prevent the spread of COVID-19; (a COVID-19 control plan template is available) The plans do not need to be submitted for approval but must be kept on premise and made available in the case of an inspection

  2. Sign and post a “Compliance Attestation Poster,” in an area visible to employees and visitors; and

  3. Post “Employer” and “Worker” posters describing the rules for maintaining social distancing, hygiene protocols, cleaning, and disinfecting.

  4. Comply with all Mandatory Workplace Safety Standards, including

    • Social Distancing

      1. All persons, including employees, customers, and vendors should remain at least six feet apart to the greatest extent possible, both inside and outside workplaces

      2. Establish protocols to ensure that employees can practice adequate social distancing

      3. Provide signage for safe social distancing

      4. Require face coverings or masks for all employees

    • Hygiene Protocols

      1. Provide hand washing capabilities throughout the workplace with adequate supplies

      2. Ensure frequent handwashing by employees 

      3. Provide regular sanitization of high touch areas, such as workstations, equipment, screens, doorknobs, restrooms throughout work site

    • Staffing and Operations

      1. Provide training for employees regarding the social distancing and hygiene protocols

      2. Ensuring that employees who are displaying COVID19-like symptoms do not report to work 

      3. Establishing a plan for how the employer will address employees who become ill from COVID-19 at work, and a return-to-work plan; 

    • Cleaning and Disinfecting

      1. Establish and maintain cleaning protocols specific to the business

      2. When an active employee is diagnosed with COVID19, cleaning and disinfecting must be performed

      3. Disinfection of all common surfaces must take place at intervals appropriate to said workplace

Note: Essential businesses that have already been operating must comply with the four requirements noted above by May 25, 2020.

Additional Safety Standards per Industry:

Below are links to mandatory safety standards per industry:

Additional Resources:

The following links might be helpful to employers as they develop the required plans:

COVID-19 Updates and Information – https://www.mass.gov/info-details/covid-19-updates-and-information

COVID-19 Prevention and Treatment – https://www.mass.gov/info-details/covid-19-prevention-and-treatment

COVID-19 Resources and Guidance for Businesses – https://www.mass.gov/info-details/covid-19-resources-and-guidance-for-businesses

COVID-19 Response Reporting – https://www.mass.gov/info-details/covid-19-response-reporting

Guidance: Wear a Mask In Public (Issued May 1, 2020) – https://www.mass.gov/news/wear-a-mask-in-public

Mandatory Workplace Safety Standards – https://www.mass.gov/info-details/reopening-mandatory-safety-standards-for-workplaces

Travel Information Related to COVID-19 – https://www.mass.gov/info-details/travel-information-related-to-covid-19#travel-to-massachusetts

OSHA Guidance – Preparing Workplaces for COVID 19 -https://www.osha.gov/Publications/OSHA3990.pdf

CDC Guidelines for Businesses and Employers Responding to COVID 19 - https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

 

We look forward to hearing from you!