Massachusetts has commenced “Phase 1” of its economic reopening plan, with staggered sector-specific reopenings beginning on May 18, 2020, followed by additional reopenings on May 25, 2020 and June 1, 2020. Massachusetts’ staggered Phase 1 sector-specific reopenings are as follows:

Phase 1

• May 18, 2020:
  • Construction;
  • Manufacturing; and,
  • Places of Worship.
• May 25, 2020:
  • Office Spaces outside of Boston (up to 25% capacity);
  • Laboratories;
  • Hair Salons and Barbershops;
  • Car Washes; and,
  • Pet Grooming.
• June 1, 2020:
  • Office Spaces in the city of Boston (up to 25% capacity).

Governor Baker indicated that Phase 1 will last a minimum of three weeks depending on available health metrics related to COVID-19 infection rates.

In preparation for Massachusetts’ planned reopening, the Commonwealth previously published general mandatory safety standards, as discussed in our May 15, 2020 article, that all businesses opening during Phase 1 must implement.

In addition to the general mandatory safety standards, Governor Baker announced the release of sector-specific mandatory safety standards and related protocols and checklists for Construction, Manufacturing, Office Spaces, Laboratories, Hair Salons and Barbershops, Car Washes, and Pet Grooming. Importantly, essential services that have continued operations during Massachusetts’ shutdown have until May 25, 2020 to implement applicable safety standards and protocols.

It is critically important that each business opening or continuing operations in Phase 1, or any subsequent Phase, review any applicable general or sector-specific safety standards, protocols, and checklists provided by the Commonwealth. Compliance with applicable mandatory safety standards and protocols is a precondition to reopening during Phase 1.

Additionally, in order to reopen, businesses must develop a written COVID-19 Control Plan outlining how the business will prevent CVOID-19 from spreading in its workplace. Businesses can satisfy this requirement by completing the COVID-19 control plan template provided by the Commonwealth. This business plan does not need to be submitted to any state agency, but must be retained on business premises in the event it is requested in the event of an inspection.

Further, businesses must post the following posters on the business premises in an area visible to employees and visitors: (1) the compliance attestation poster, which attests that your business has completed its COVID-19 control plan; and (2) Employer and Worker Mandatory Safety Standards posters describing the social distancing, hygiene, clean, and disinfecting safety standards employers must adhere to.

Looking forward, Massachusetts’ litany of documents also outlined what businesses will reopen in Phases 2 and 3, as follows:

Phase 2

• Retail;
• Restaurants;
• Lodging; and,
• “Additional Personal Services,” including Nail Salons and Day Spas.

Phase 3

• Updated Guidance for Phase 1 and 2 reopened businesses;
• Bars;
• Arts & Entertainment (including Casinos, Fitness, Gyms, and Museums); and,
• All other business activities except for nightclubs and large venues.

We will continue to release information related to Phase 2 and 3 reopenings as they become available.

To review the entirety of information related to Massachusetts’ phased reopening, readers should visit the Commonwealth’s Reopening Massachusetts website.