I hope everybody is healthy and safe. Many small businesses in Massachusetts shut down due to COVID-19 have contacted me about reopening their business. They are uncertain about when to reopen and what steps to take. Here is the most recent guidance about what companies are permitted to reopen and the mandated safety standards and guidelines that must be followed for reopening your small business in Massachusetts.
Four Phase Approach
On May 18, 2020, the Baker-Polito Administration released its plan to reopen Massachusetts and the Massachusetts economy. Detailed information about the plan is at Reopening Massachusetts. A centerpiece of the plan is a four-phase approach to reopening Massachusetts businesses and services:
- Phase 1: Start
- Limited industries are allowed to resume operations with severe industries.
- Phase 2: Cautious
- Additional industries are allowed to resume operations with restrictions and capacity limitations.
- Phase 3: Vigilant
- Additional industries resume operations with guidance.
- Phase 4: New Normal
- Development of vaccines and treatments enables a resumption of a “new” normal.
- Development of vaccines and treatments enables a resumption of a “new” normal.
Each phase will last a minimum of three (3) weeks but could last longer before moving to the next phase. If public health data trends are negative, specific industries, parts of Massachusetts, or the entire state may need to return to an earlier phase. Let’s hope that doesn’t occur!
Timeline of Phase 1: Start
Phase 1 started on May 18, 2020. During Phase 1, certain businesses can reopen on the following schedule if they comply with Mandatory Safety Standards for Workplaces and any applicable sector-specific protocols or best practices.
| Date | Details |
|---|---|
| May 18, 2020 |
|
| May 25, 2020 |
|
| June 1, 2020 |
|
Mandatory Safety Standards for Workplaces
Every workplace that is open in Phase I must meet the following Mandatory Safety Standards for Workplaces. (“Mandatory Standards”):
Social Distancing
- All persons, including employees, customers, and vendors must keep at least six feet apart to the greatest extent possible;
- Both inside and outside workplace
- Employers must establish protocols so employees can practice adequate social distancing
- Employers must provide signage for safe social distancing.
- Require face coverings or masks for all employees
Hygiene Protocols
- Provide hand washing capabilities throughout the workplace
- Ensure frequent hand washing by employees and adequate supplies to do so
- Provide regular sanitization of high-touch areas, such as workstations, equipment, screens, doorknobs, and restrooms throughout the work site
Staffing and Operations
- Provide training for employees regarding the Social Distancing and Hygiene Protocols
- Employees who are displaying COVID-19-like symptoms do not report to work
- Establish a plan for employees getting ill from COVID-19 at work, and a return-to-work plan
Cleaning and Disinfecting
- Establish and maintain cleaning protocols specific to the business
- When an active employee is diagnosed with COVID-19, cleaning and disinfecting must be performed
- Disinfection of all common surfaces must take place at intervals appropriate to said workplace.
Sector-Specific Guidelines
In addition to the Mandatory Standards, businesses reopening must follow more detailed specific Sector Safety Protocols and Recommended best practices (“Sector Specific Guidelines“). When reopening in Phase 1, make sure to comply with the appropriate Sector Specific Guidelines for your business, which are available online at the addresses listed below:
- Construction
- Manufacturing
- Office Spaces
- Laboratories
- Hair Salons and Barbershops
- Car washes
- Pet Grooming
- Hospitals/Community Health Centers/Other Health Providers
These Sector Specific Guidelines provide detailed guidance, checklists, and summaries to help your business restart while reducing the risk of COVID-19 transmissions to employees and customers. Feel free to contact me if you have questions about what is required to comply with the sector-specific or Mandatory Guidelines.
COVID-19 Control Plan and Self-Certification
Before reopening, your business must develop a written COVID-19 Control Plan (the “Control Plan”) that outlines how your workplace will prevent the spread of COVID-19. There is little guidance about what must be included in a Control Plan. However, completing the online COVID-19 Control plan template should meet the requirements, so I recommend using that template. Based on the template, the Control Plan should include the following information:
- Business Information: Business Name, Address, Contact Information, and number of workers on Site.
- Statements and certifications that the Mandatory Standards for Social Distancing, Hygiene Protocols, Staffing and Operations, and Cleaning & Disinfecting have been met. Include a description of any additional procedures that your business has implemented to prevent the spread of COVID-19 among employees, customers, and vendors.
The Control Plan does not need to be submitted to any government entity but must be kept on the business premises in case of an inspection or outbreak.
Businesses must also print, sign, and post a Compliance Attestation Poster in a visible location to employees and customers. For updates, see the Massachusetts reopening plan. The Compliance Attestation Poster informs customers and employees that:
- Workers are wearing face coverings, and your business has put social distancing measures in place;
- Your business provides hand washing capabilities and regularly sanitizes touch areas
- Your staff has received training regarding social distancing and hygiene protocols
- Your business has established thorough cleaning and disinfecting protocols.
Finally, your business should also print and display employer and workers posters on the business premises that describe the rules for maintaining social distancing, hygiene protocols, and cleaning and disinfecting. These posters do not have to be signed but should posted in a location that is readily accessible to all your employees, managers, and owners.
Other Businesses and the Subsequent Phases
Many businesses still need to be permitted to open. If yours is one of them, please be patient. Phase 1 is supposed to last at least 3 weeks, so we should move into Phase 2 around the second week of June 2020. The Mandatory Guidelines will likely remain in effect during Phase 2, and if your business is permitted to reopen, your business will be expected to comply. So start preparing and trying to plan how your workplace will comply. If you’re unsure what phase your business belongs in, check out Reopening: When can my business Reopen? For the latest guidance about the appropriate phase.
Stay safe and healthy. Do not hesitate to contact our business lawyer at Bross Law LLC if you have any questions about reopening your business, hiring back employees, or needing assistance complying with relevant Massachusetts and federal laws.
