This week, Governor Charlie Baker released Massachusetts’ planned four-phase approach to reopening its economy, and issued Mandatory Workplace Safety Standards that all Massachusetts businesses must adhere to upon reopening.  Governor Baker’s announcement means that businesses not included as “COVID-19 Essential Services,” as discussed in our previous March 24, 2020 and April 1, 2020 articles, will commence reopening on a currently undetermined date.

Massachusetts’ four phase approach is as follows:

• Phase 1 — “Start”: Limited industries resume operations with severe restrictions;
• Phase 2 — “Cautious”: Additional industries resume operations with restrictions and capacity limits;
• Phase 3 — “Vigilant”: Additional industries resume operations with guidance; and,
• Phase 4 — “New Normal”: Development of vaccine and/or therapy enables resumption of new normal.

Governor Baker stated that those industries with minimal face-to-face interactions between customers and employees are most likely to partake in Phase 1 of reopening.

Governor Baker’s four-phase approach also warns that, if public health metrics fall below certain thresholds, such as a spike in new COVID-19 cases, the Baker administration could order a reversion to a previous phase.  Additionally, Governor Baker’s announcement reserved the right for potential “focused interventions” to prevent local outbreaks, such as closure at the business, business type, or city levels.

Further, in aid of Governor Baker’s planned phased reopening, the Department of Public Health and the COVID-19 Command Center have developed Mandatory Workplace Safety Standards to safeguard employees and customers from COVID-19 as workplaces begin to reopen.  These Mandatory Workplace Safety Standards detail new requirements for social distancing, hygiene, staffing and operations, and cleaning and disinfecting that all reopening businesses must adhere to.  These safety standards include:

• Social Distancing
  • All persons, including employees, customers, and vendors should remain at least six feet apart to the greatest extent possible, both inside and outside workplaces;
  • Establish protocols to ensure that employees can practice adequate social distancing;
  • Provide signage for safe social distancing; and,
  • Require face coverings or masks for all employees.
     
• Hygiene
  • Provide hand washing capabilities throughout the workplace;
  • Ensure frequent hand washing by employees and adequate supplies to do so; and,
  • Provide regular sanitization of high touch areas, such as workstations, equipment, screens, doorknobs, restrooms throughout work site.
     
• Staffing and Operations
  • Provide training for employees regarding the social distancing and hygiene protocols;
  • Employees who are displaying COVID19-like symptoms do not report to work; and,
  • 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; and,
  • Disinfection of all common surfaces must take place at intervals appropriate to said workplace.

In addition to these mandatory standards, the Massachusetts Reopening Advisory Board has announced that it is developing sector specific safety standards and best practices and limited exceptions to the mandatory standards.

Reach out directly to Bret Cohen or Joseph Donovan with any questions concerning Governor Baker’s phased reopening announcement or related non-essential business closure orders.

For additional information on COVID-19 related issues, please visit Nelson Mullins COVID-19 resource page or contact a Nelson Mullins attorney.