Massachusetts Reopening Guidance Updated For Several Sectors

Seyfarth Synopsis: As Massachusetts has entered Step 1 of Phase 3, the Commonwealth has updated its reopening guidance for several sectors, including office spaces, lodging providers, laboratories, restaurants, manufacturing, and personal service providers.

In our prior Legal Updates, here and here, we have tracked the ongoing changes in sector-specific COVID-19 guidance for various industries. On July 6, Massachusetts issued revised guidance for several sectors, including offices spaces, lodging providers, laboratories, restaurants, manufacturing, and close contact personal service providers, among others. On July 10, Massachusetts further revised sector-specific guidance for retailers.

One significant new requirement for all of the sectors discussed below is that employers must screen employees at each shift by ensuring they are not experiencing any symptoms such as fever (100.0 and above) or chills, cough, shortness of breath, sore throat, fatigue, headache, muscle/body aches, runny nose/congestion, new loss of taste or smell, or nausea, vomiting or diarrhea. The guidance also requires employers to verify that the employee has neither been in close contact with an individual diagnosed with COVID-19, nor been asked to self-quarantine. Any employee who fails to meet the screening criteria set forth in the guidance must be sent home. The guidance does not specify whether employers can meet this screening obligation through employee self-screening, but the language is broad enough that employee self-screening before each shift appears to satisfy this requirement.

In addition to updated screening requirements, there are new, specific requirements for the following sectors:

Office Spaces

Under the updated guidance, employers with office spaces are no longer required to have employees telework where feasible, but are encouraged to do so. This guidance also requires employers with office spaces to mark rooms and hallways to indicate 6 feet of separation. Although office spaces continue to be subject to an occupancy limit of 50% of the space’s maximum occupancy, the updated guidance specifies that businesses may only allow 10 people on-site for every 1,000 square feet of accessible space.

The new guidance has converted certain “best practices” under the previous guidance into mandatory requirements, such as requiring office spaces to establish directional hallways where possible to minimize contact and post visible signage regarding these policies. Office spaces must also limit visitors, where feasible. The new guidance requires employers to make alcohol-based sanitizers available at entrances and throughout the office space for employees. Office spaces with in-house cafeterias may now reopen indoor and/or outdoor seating in accordance with the existing Restaurant guidance. Additional on-site amenities may resume operation when authorized by the Commonwealth’s phased reopening plan and must follow applicable guidance. Under the updated guidance, employers with office spaces should also maintain operating hours that allow for on-going off-hour sanitation. The new guidance further provides that office spaces should open doors and windows where feasible and may only allow water fountains to be used as refill stations for employee-provided water bottles.

Finally, the Commonwealth has removed the requirement that office-based businesses establish and communicate a worksite specific COVID-19 Prevention Plan with contact information for local health authorities and isolation and contact tracing information. However, businesses are required to maintain a log of workers and customers to support contact tracing, if needed, and they still must notify the local Board of Health if they are notified of a positive case at the workplace. The elimination of the Prevention Plan requirement does not change the employer’s obligation to establish a written COVID-19 Control Plan outlining how the workplace will comply with mandatory safety standards for operation during the COVID-19 reopening period.

Lodging Providers

The updated guidance requires each lodging provider to monitor entrances and exits and ensure that the occupancy of common areas does not exceed 50% of the space’s maximum permitted occupancy.  In any case, a lodging provider may not permit more than ten persons per 1,000 square feet. Lodging providers must also mark common rooms to indicate 6 feet of separation and open doors and windows in common spaces where possible. The guidance also requires lodging providers to install physical partitions at checkout counters where possible, or maintain 6 feet of physical distance if installing barriers is not possible. Although lodging providers are no longer required to prohibit gatherings of ten or more, lodging providers should discourage such gatherings. Finally, the guidance further requires lodging facilities to maintain operating hours that allow for off-hours sanitation and cleaning.

Laboratories

The updated guidance requires laboratory employers to provide alcohol-based hand sanitizers throughout the floor areas for workers. Under this guidance, laboratory employers are encouraged, but not required, to have employees continue teleworking, if feasible. Laboratories must also install visual social distancing markers to encourage employees to remain 6 feet apart.  Cafeterias within laboratories may reopen indoor and outdoor seating, but must abide by guidance applicable to restaurants. The guidance further provides that laboratory employers must mark rooms and hallways to indicate 6 feet of separation, establish one-way directional pathways to minimize contact and post signage about such policies. Additionally, the updated guidance eliminates an exception that allowed employees to refrain from using face coverings when doing so would create a safety hazard. However, employees may refrain from using face coverings where unsafe due to a medical condition or disability.

The guidance also specifies that laboratories must provide training to employees in certain areas, including social distancing, hand-washing, proper use of face coverings, self-screening at home, including temperature and symptom checks, the importance of not coming to work if ill, when to seek medical attention if symptoms become severe, and which underlying health conditions may make individuals more susceptible to contracting and suffering from a severe case of the virus. Under the updated guidance, laboratory employers may only allow water fountains to be used to refill water bottles brought to work by its employees. Laboratory employers must also maintain a log of workers and customers to support contact tracing and must establish operating hours that allow for ongoing sanitation. The guidance also requires laboratories to open windows and doors to increase airflow where possible. Additional on-site amenities may resume operations subject to the applicable COVID-19 related guidance from the Commonwealth.

Restaurants

The updated guidance for restaurants provides that additional on-site amenities and services may reopen when authorized under the Commonwealth’s phased reopening plan, but that pool tables, darts, and other indoor games, and dance floors must remain closed. Outdoor musical performances may resume and gift shops may reopen, but both are subject to updated sector-specific guidance. Indoor musical performances remain prohibited under the sector-specific guidance applicable to live performance venues. The updated guidance also recommends opening windows and doors to increase airflow where possible.

Manufacturing

Under the updated guidance, manufacturers must establish one-way directional pathways to minimize contact and post visible signage regarding those policies. Employees must also avoid sharing materials and equipment, or disinfect them between use. The guidance also specifies that manufacturers must provide training to employees in certain areas, including social distancing, hand-washing, proper use of face coverings, self-screening at home, including temperature and symptom checks, the importance of not coming to work if ill, when to seek medical attention if symptoms become severe, and which underlying health conditions may make individuals more susceptible to contracting and suffering from a severe case of the virus.  On-site cafeterias may resume indoor and outdoor seating, subject to sector-specific guidance. Additional on-site amenities may resume operation authorized by the Commonwealth’s phased reopening plan and must follow applicable guidance. Finally, manufacturing employers must open windows and doors to increase airflow where possible and maintain operating hours that allow for on-going off-hour sanitation.

Close Contact Personal Services

The updated guidance also provides new requirements for “close contact personal service providers” that provide personal service typically delivered through close physical contact with customers. Under the new guidance, employers in the close contact personal services industry must install physical partitions at checkout counters where possible, or maintain 6 feet of physical distance if installing barriers is not possible. Employers must also ensure 6 feet of separation between workstations, or install a physical barrier where 6 feet of separation is not possible. The guidance further requires close contact personal service providers to limit employee movement to discrete work zones where possible. The guidance also requires personal service providers to establish one-way directional pathways to minimize contact and post visible signage regarding those policies. The updated guidance further requires personal service providers to provide alcohol-based hand sanitizers throughout the floor for both workers and customers. The guidance provides that personal service providers must maintain operating hours that allow for off-hours sanitation and cleaning and limit visitors and service providers on site to certain designated areas. Alcohol-based hand sanitizers should be made available at all entrances and throughout the floor for workers and customers. Personal service providers must also open windows and doors to increase airflow where possible.

Retailers

In addition to the screening requirements noted above, the July 10 guidance provides increased capacity limits for retailers. Under prior guidance, retailers could only permit a number of people into their locations up to the greater of a maximum 40% of a location’s maximum occupancy limits or eight people for every 1,000 square feet. Under the updated guidance, retailers may allow occupancy of up to the greater of 50% of the location’s maximum occupancy limits, or ten people for every 1,000 square feet. The updated guidance also allows retail customers to use reusable bags. Finally, retailers may allow customers to use fitting rooms if they are necessary to the retailer’s business. However, any clothing tried on or returned by a customer must either be quarantined for 24 hours or thoroughly steamed prior to returning to the sales floor.

We will continue to keep you apprised of any significant developments with respect to the Commonwealth’s reopening process.