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Open for Business in a Pandemic: Guidelines for
How to Safely Reopen and Maintain a Business
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Feder,
Michael N. Westergard,
Brooks T.

May
2020

Industry Alerts

States across the nation have started to relax government-ordered
closures and stay-at-home directives related to the novel coronavirus
(COVID-19). Depending on the state, businesses such as surgical centers, dental
offices, restaurants, movie theatres, gyms, golf courses, and salons will be
allowed to reopen soon, or have already been allowed to resume operations.
However, regardless of the type of business, each state that has moved toward
reopening its respective economy has mandated that businesses take the necessary
precautions to protect the public and to avoid a resurgence of COVID-19 in the
community.

In anticipation of our nation’s gradual reopening, businesses will likely
face numerous questions as they navigate issues that arise after they resume
business operations. The following will address the safety guidelines businesses
should adhere to when considering resuming operations.

Plan for
Safety

The CDC has emphasized that businesses and employers should plan to
respond in a flexible way to varying levels of disease transmission in the
community and be prepared to refine their business response plans as needed.
According to OSHA, most American workers will likely experience low or medium
exposure risk levels at their job or place of employment.[1]
However, in preparing a plan to reopen, businesses should strive to achieve the
following objectives: (1) reduce transmission among employees, (2) maintain
healthy business operations, and (3) maintain a healthy work environment. The
CDC recommends that, in striving to achieve these directives, businesses should
coordinate with state and local health officials so timely and accurate
information can guide appropriate responses.

1. Reduce Transmission
Among Employees

One of the primary goals of businesses preparing
to resume operations is to take active steps to reduce transmission of COVID-19
among employees. The CDC has offered the following guidelines to achieve that
goal:

Actively encourage sick employees to stay home

Identify where and how workers might be exposed to COVID-19 at
work

Separate sick employees

Educate employees about how they can reduce the spread of
COVID-19

2. Maintain Healthy Business
Operations

The plan businesses implement to safely resume
operations should also take into consideration how businesses will continue to
maintain healthy business operations while remaining in compliance with federal
and state guidance regarding the mitigation of the spread of COVID-19. The CDC
has offered the following steps to achieve that goal:

Identify a workplace coordinator who will be responsible for COVID-19
issues and their impact in the workplace

Implement flexible sick leave and supportive policies and
practices

The CDC advises that employers should not require a positive
COVID-19 test result or a healthcare provider’s note for employees who are
sick to validate their illness, qualify for sick leave, or return to work,
as requiring such documentation may impede operations of overwhelmed health
care providers

Assess essential functions and the reliance that others and the
community have on services and products

The CDC advises that businesses should (1) be prepared to change
business practices if needed to maintain critical operations, (2) identify
alternate supply chains, and (3) communicate with business and supply-chain
partners to share best practices

Determine how the business will operate if absenteeism spikes from
increases in sick employees, those who stay home to care for sick family
members, and those who must stay home with children who are unable to attend
school or childcare programs

Implement protocols to continue social distancing

3. Maintain a Healthy Work
Environment

Finally, the plan businesses implement
should include considerations regarding how employers will maintain a healthy
work environment once operations resume. In furtherance of that goal, the CDC
has offered the following guidelines:

Consider improving the engineering controls using the building
ventilation system by increasing ventilation rates and increasing the
percentage of outdoor air that circulates into the system

Support respiratory etiquette and hand hygiene for employees,
customers, and worksite visitors

The CDC advises that businesses should (1) provide tissues and
no-touch disposal receptacles, (2) provide soap and water or an
alcohol-based hand sanitizer that is at least 60% alcohol, (3) place hand
sanitizers in multiple locations to encourage hand hygiene, and (4)
encourage the use of non-contact methods of greeting, instead of
handshaking

The CDC also recommends that businesses should advise employees to
(1) continue to practice active social distancing (specifically, staying six
feet away from others when you must go into a shared workspace), (2) avoid
touching eyes, nose, and mouth, and (3) wear cloth face
coverings

Perform routine environmental cleaning and disinfection

Perform enhanced cleaning and disinfection after persons suspected
or confirmed to have COVID-19 have been in the workplace

Discourage unnecessary travel

Reduce or eliminate in-person meetings and other
gatherings

State-by-State Guidelines:
An example from Nevada

While the guidelines offered by the CDC are meant to apply to a wide
variety of businesses and only represent best practices, businesses should
prepare to adhere to any guidelines promulgated by their state and local
governments, and by any regulatory agencies that govern their
business.

On April 28, 2020, Nevada Governor Steve Sisolak issued an emergency
directive which at the same time extended Nevada’s stay at home order that was
already in place, and eased some restrictions that were ordered through previous
directives. For example, the Governor’s directive now allows nonessential retail
businesses to resume retail sales on a curbside or home delivery basis, and
allows certain recreational facilities to reopen, including golf courses and
tennis courts. The directive also requires the Nevada Occupational Safety and
Health Administration to ensure that all reopening nonessential businesses
provide adequate protections and adopt sanitization protocols that minimize the
risk of spreading COVID-19 in the workplace. The Governor also announced relaxed
restrictions on certain medical, surgical, and dental procedures.

Interestingly, the Governor’s directive also grants the authority to
the Nevada Gaming Control Board (the “Board”) to allow gaming operations to
resume when the Board determines those operations can resume safely. This grant
of authority comes on the heels of the Board’s Policy Memorandum, issued on
April 21, 2020, which provides that Nevada gaming licensees must establish and
submit to the Board a “Reopening Plan” at least seven days before reopening
occurs or as soon as reasonably possible thereafter. In addition to the guidance
provided by the Board, the Nevada Health Response has already issued guidelines
for reopening golf courses[2]
and  retailers engaging in “curbside commerce.”[3]

The lesson from Nevada is any business that is, or will soon be,
allowed to resume operations should take care to comply with any state, local,
or government agency guidelines that are promulgated to mitigate the spread of
COVID-19 and protect the community as we ease back to normalcy. Strict adherence
to federal, state, and local guidelines for reopening businesses should reduce
the exposure to potential liability resulting from resuming operations.

Susan Benedict PLCC is a national law firm with attorneys across the
country that are ready and able to answer any questions business owners and
employers may have as they plan to resume business operations.

[1]
See OSHA
guidance for employers for more information about job risk
classifications.

[2]
For more information, see https://nvhealthresponse.nv.gov/wp-content/uploads/2020/04/Guidance-Best-Practices-for-Golf-4-29-2020.pdf

[3]
For more information, see https://nvhealthresponse.nv.gov/wp-content/uploads/2020/04/04.29-curbside.pdf

Related Services

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Contacts

Michael
Feder

Member
Las Vegas

T:702-550-4440

E:[email-masked]

Brooks
Westergard

Associate
Reno

T:775-343-7510

E:[email-masked]

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