Despite some concern over the large protests over the past week, local and state officials have confirmed that the City of Philadelphia will enter the “Yellow” phase of the Commonwealth’s reopening plan.  We previously discussed the Commonwealth’s specific requirements for reopening in the Yellow phase here. 

The City of Philadelphia recently issued local guidance for varied industries that reopen during the Yellow phase.  The city emphasized that each business will have to follow sector-specific guidance posted on the city’s website, but all businesses will have to follow the city’s Safety Checklist.  

While the Philadelphia guidance for each sector varies, here are some of the key general takeaways:

• Employers must provide masks to employees and require visitors to wear masks.  This is consistent with the state-issued guidance. 
• Employers do not need to conduct on-site temperature testing for staff and visitors unless, under the Commonwealth’s guidance, there is a possible or confirmed COVID case.
• However, employers must “screen every employee for symptoms before every shift and prevent them from remaining on site if they have cough, shortness of breath, fever, chills, muscle pain, or new loss of taste or smell.”  This is different than the Commonwealth’s guidance which only requires screening once the business was exposed to a possible or confirmed COVID case.
• Employers must “post prominent signs at entrances and in employee break rooms: (1) Asking people who are sick or who have had contact with someone with COVID-19 within the past 14 days not to enter; (2) Encouraging people to cover coughs or sneezes; (3) Mandating physical distancing of at least 6 feet; and (4) Mandating that all staff and visitors wear masks.”  The City’s posting requirements differ from the Commonwealth’s requirement for employers to print, sign, and post the “COVID-19 Safety Procedures for Businesses” flyer on their premises in employee common spaces.  However, the Manufacturer & Business Association has compiled a variety of CDC-issued posters, many of which appear to satisfy the above city requirements. 

All businesses planning to reopen in Philadelphia should review the local reopening guidance for sector-specific and general business reopening guidelines.  These businesses should also bear in mind all Commonwealth-wide reopening requirements, which we have previously discussed here and here.

Seyfarth continues to monitor all business-reopening plans in Pennsylvania in response to COVID-19 and will provide further updates as available.